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Minutes

Whittier City Council
February 11, 2025

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Minutes
Meeting
February 11, 2025
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Whittier City Council
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10
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Text extracted from the city's file for reading and search. Open the original on online.cityofwhittier.org. That file is the official record.

MINUTES

WHITTIER CITY COUNCIL

WHITTIER REDEVELOPMENT SUCCESSOR AGENCY

WHITTIER UTILITY AUTHORITY

REGULAR JOINT MEETING
COUNCIL CHAMBERS, 13230 PENN STREET
FEBRUARY 11, 2025, 6:00 PM

CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on February 11, 2025. Mayor Vinatieri called the meeting to order at 6:00 p.m. in the Council Chamber of Whittier City Hall, 13230 Penn Street, Whittier, California.

PUBLIC COMMENT ON CLOSED SESSION
Javier Garcia provided a live public comment.

CLOSED SESSION

3.A. Approval of Minutes - Closed Session
Approve the January 02, 2025 and January 14, 2025 Closed Session Minutes

3.B. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Ronnie Perez v. Whittier - Case No. 23NWCVO3267

3.C. Conference with Labor Negotiators pursuant to Government Code Section 54957.6
Agency Negotiator: Brian Saeki
Represented and Unrepresented Employee: Whittier City Employees' Association, Whittier Police Officers' Association, Whittier Police Management Association, and unrepresented employees

CALL TO ORDER - REGULAR SESSION
Mayor Vinatieri called the Regular Session to order at 6:36 p.m. in the Councif Chamber of Whittier City Hall, 43230 Penn Street, Whittier, CA 90602.

ROLL CALL
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PRESENT:

Joseph A. Vinatieri, Mayor
Cathy Warner, Mayor Pro Tem
Octavio Martinez, Council Member
Fernando Dutra, Council Member
Mary Ann Pacheco, Council Member
ST AFF PRESENT:

Brian Saeki, City Manager
Keith Collins, City Attorney
Shannon DeLong, Assistant City Manager
Rigoberto Garcia, Jr., City Clerk
Kyle Cason, Director of Public Works
Ben Pongetti, Director of Community Development

PLEDGE OF ALLEGIANCE
City Manager Saeki led the Pledge of Allegiance.

CLOSED SESSION REPORT
City Attorney Collins indicated there was nothing to report out of Closed Session.

PRESENT ATIONS

8.4. Recognition of Brian Saeki, City Manager
The following individuals provided comments to City Manager Saeki:
@ Fred Zermeno from Senator Archuleta's office
* Ruby Duenas from Assembly Member Calderon's office
* Ivan Sulic from Supervisor Janice Hahn's office
* Former Council Member Jessica Martinez
* Shannon Hammer from Chamber of Commerce
The City Council shared anecdotes, expressed theirgratitude, and presented gifts for City Manager Saeki.

City Manager Saeki thanked current and former City Council Members and staff.

APPROVAL OF AGENDA
MOTION
Mayor Pro Tem Warner moved and Council Member Dutra moved seconded a motion to approve the Agenda. The motion carried unanimously.

10. PUBLIC COMMENTS
Whittier City Council/Redevelopment Successor Agency/Utility Authority February 14, 2025
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Mayor Vinatieri indicated that any members of the audience who wish to deliver a public comment should line up by the lectern and any members of the public on Zoom who wish to deliver a public comment should raise their hand. Staff forwarded and provided copies of the email correspondence to City Council Members for reVleW.

The following individuals provided live public comments:

Tom Hall; Veronica Garcia; Brandan Orcega; Monica Sena; Bill Corey; Manuel Arismendez; Conny McCormack; Isaiah Leslie Leon Savage; Javier Garcia; Magdalena Moe; and Brian Ahern.

There were no teleconference public comments.

All public comments and documents submitted are part of the record and are on file with the City Clerk Department. A video of the oral communications is available through the City's website.

11. CITY MANAGER REPORT

1. The Veterans' Resource fair is on Saturday, February 22, 2025 from 10:00 a.m. to 1 :OO p.m. at Central Library Committee Room.

2. City Manager Saeki thanked Director Santana and her team for the rededication of Guirado Park.

3. Opening Day for the Whittier Girls Softball League will be Saturday, February 15, 2025 at 9:00 a.m. at the East Whittier Middle School.

4. The Opening Day ceremony for Murphy Ranch Little League will be at 6:00 p.m. on February 28, 2025.

5. The Opening Day Ceremony for Whittier Pony League will be at 10:00 a.m. at Granada Middle School.

6. The City of Whittier has not discussed being a sanctuary city.

7. The City Council has not defunded the Whittier Police Department.

8. The Fire Department cannot be defunded since funds are collected through property tax bills.

9. City Hall did not shut down during the COVID-19 pandemic.

City Manager Saeki answered questions regarding police department swear-in ceremonies and lighting needs in District 1.

12. JOINT CONSENT CALENDAR
Council Member Dutra pulled Item 12.E. for individual consideration.

Council Member Pacheco pulled Item 12.F. for individual consideration.

Whittier City Council/Redevelopment Successor Agency/Utility Authority February 1 "1, 2025
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City Clerk Garcia provided the salary disclosure for the Interim City Manager agreement.

MOTION
Mayor Pro Tem Warner moved and Council Member Dutra seconded a motion to approve the Consent Calendar, with the exception of Items 12.E. and 12.F. The question was called and the motion carried unanimously.

12.A. Waive Further Reading
Recommendation: After the City Clerk has read the title, waive full reading of all resolutions and ordinances on this agenda for adoption.

12.B. Approval of Minutes
Recommendation: Approve the January 2, January 9, and January 14, 2025 Special Meetings and January 14, 2025 Regular Meeting Minutes.

12.C. Claims Against the City
Recommendation: Deny claims filed by Virdiana Serna Flores, Casey Wren, Tevita M. Fifita, Michael McKenna, Rene Ramos and Javier Garcia.

12.0. InterimCityManagerAgreement
Recommendation: Authorize the Mayor to execute an agreement with Shannon DeLong for the Interim City Manager position.

12.G. Bailey House Roof Project - Agreement Ratification and Change of Scope
Recommendation:
1) Ratify the agreement with LA Rocque Better Roofs Inc.; 2) Authorize the City Manager to sign a Change Order for a total of $28,076.75;
3) Accept the work performed by LA Rocque Better Roofs Inc.; and 4) Authorize the City Clerk to file the Notice of Completion on behalf of the City of Whittier.

The following items were pulled for individual consideration:

12.E. State and Federal Budget Requests
Recommendation: Adopt Resolution No. 2025-04, adopting projects and priorities for 2025-26 State and Federal budget requests.

Assistant City Manager DeLong answered a question regarding the process for selecting projects and priorities for the State and Federal budget requests.

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MOTION
Council Member Dutra moved and Council Member Pacheco seconded a motion to adopt Resolution No. 2025-04, adopting projects and priorities for 2025-26 State and Federal budget requests. The question was called and the motion carried unanimously.

12.F. PurchaseofVacantLotat12102HadleyStreet
Recommendation: Adopt Resolution No. 2025-05, authorizing the City Manager to execute a Purchase and Sale Agreement and all related documents for acquisition of real property located at 12102 Hadley Street (APN: 8140-025-005) and appropriating $370,000 for acquisition and related costs.

City Manager Saeki answered questions regarding the location of the vacant lot and future uses for the lot.

MOTION
Council Member Pacheco moved and Council Member Dutra seconded a motion to Adopt Resolution No. 2025-05, authorizing the City Manager to execute a Purchase and Sale Agreement and all related documents for acquisition of real property located at 12'l02 Hadley Street (APN: 8"140-025-005) and appropriating $370,000 for acquisition and related costs. The question was called and the motion carried unanimously.

13. PUBLIC HEARINGS

13.4. SolidWasteandRecyclingFranchiseAgreementAmendmentNo.3 Recommendation: Conduct a public hearing for the second reading and adoption Ordinance No. 3'l63 with Amendment No. 3 to the Exclusive Franchise Agreement for the Provision of Solid Waste and Recycling Services between the City and Arakelian Enterprises, Incorporated, dba Athens Services (A17-161) to add the newly annexed West Whittier areas to Athens' service zone.

Director Cason presented the report and answered questions regarding street sweeping; bulky item pick-ups; and public outreach efforts.

Mayor Vinatieri opened the public hearing.

Mayor Vinatieri indicated that any members of the audience who wish to deliver a public comment should line up by the lectern and any members of the public on Zoom who wish to deliver a public comment should raise their hand.

There were no public comments.

Mayor Vinatieri closed the public hearing.

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MOTION
Council Member Pacheco moved and Council Member Dutra seconded a motion to adopt Ordinance No. 3163 with Amendment No. 3 to the Exclusive Franchise Agreement for the Provision of Solid Waste and Recycling Services between the City and Arakelian Enterprises, Incorporated, dba Athens Services (A17-161) to add the newly annexed West Whittier areas to Athens' service zone. The question was called and the motion carried unanimously.

13.B. 24-Unit, three-story townhome Single-family residential development 12826 Philadelphia Street, Whittier, CA 90601 (Comstock Place) Recommendation:
1) Conduct a de novo hearing;
2) Adopt Resolution No. 2025-06, approving Development Review No.

DRP24-001 1 to construct and develop a 24-unit townhome single-family residential project, Variance No. VAR24-0001 for deviations from parking and lot width standards, and Vesting Tentative Tract Map No.

TTM24-0001 (\/TTM 84431) for subdivision for residential condominium for the property located at 12826 Philadelphia Street (AIN 8139-024- 027); and
3) Adopt Resolution No. 2025-07, adopting a Mitigated Negative Declaration with a mitigation monitoring and reporting program for Development Review No. DRP24-001 1, Variance No. VAR24-0001, and Vesting Tentative Tract Map No. TTM24-000'l (VTTM 84431) to construct and develop a new 24-unit, three-story, townhome residential project (Comstock Place) for the property located at 12826 Philadelphia Street (AIN 8139-024-027).

Director Pongetti presented the report. City Manager Saeki, City Attorney Collins, and Director Pongetti answered questions regarding a settlement involving the original project; Condition 45 of Resolution No. 2025-06; public comments regarding the 2019 Uptown Streetscape Plan; the public hearing process; guest parking spots; fire access; the sidewalk widths of the proposed the Greenleaf Promenade and the Comstock Place projects; the height of the buildings; Condition 21 of Resolution No. 2025-06 involving parking; storage options; trash collection; and alternate plans that retain the trees.

Mayor Vinatieri opened the public hearing.

Matt Waken, applicant, discussed the history of the current project and presented an alternate plan ("Plan B") that retains the Ficus trees.

City Manager Saeki and City Attorney Collins answered questions about whether the City Attorney had reviewed the newly proposed plan and whether the City Council had the new proposed plan in front of them.

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Mayor Vinatieri indicated that any members of the audience who wish to deliver a public comment should line up by the lectern and any members of the public on Zoom who wish to deliver a public comment should raise their hand.

The following individuals provided live public comments:

Conny McCormack; Magdalena Moe; and Helen Rahder.

D.K. provided a teleconference public comment.

City Manager Saeki, City Attorney Collins, Director Cason, and Director Pongetti answered questions about infrastructure improvements; curb and gutter improvements; requesting fees in-lieu ofinfrastructure improvements; the number of units being constructed; compliance with the 2019 Streetscape Plan and 2008 Uptown Specific Plan; future improvements to the sidewalks; the age of the five Ficus trees; responsibility of tree maintenance; tandem parking; the extenuating circumstances that would allow the applicant to incorporate only parts of the Streetscape Plan; and increasing sidewalk width on Comstock Ave.

Mr. Waken indicated that the alternate plan includes sidewalk replacement and that any in-lieu Fees would put a financial burden on the plan.

Peter Duarte, landscape architect for the project, discussed the landscape around the Ficus trees and sidewalk.

Mayor Vinatieri closed the public hearing.

The City Council deliberated.

RECESS
Mayor Vinatieri called a recess. The meeting reconvened with all Council Members present.

Director Pongetti read the Following changes from Resolution No. 2025-06 into the record:

Revised Condition No. 34

34. The final landscape plan shall show the three (3) existing Ficus trees located on the sidewalk along Comstock Avenue and the two (2) existing Ficus trees located on the sidewalk along Philadelphia Avenue as remaining in place. The applicant shall make best faith efforts to provide for the survival of these five (5) existing Ficus trees during construction of the project, as depicted in the construction drawings for the project. If the City's arborist determines that construction or construction related activities have substantially degraded the health of one or more of the existing Ficus trees, the applicant shall pay the amount of $17,220.00 per tree to the City's Parks Recreation, and Community Services Department; such fee is an in-lieu fee which estimates the city's costs of removing each tree. The applicant shall be responsible for removing the trees and comply with all Parkway Tree Manual regulations, including those which require the posting of trees prior to the removal of any trees located on city property. (City Council) Whittier City Council/Redevelopment Successor Agency/Utility Authority February 11, 2025
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New Conditions

84. The applicant shall submit a Construction Impact Report prepared by a certified arborist showing the methods of preservation of the Ficus Trees along Philadelphia Street (3 Total) and Comstock Avenue (2 Total) during construction. The report shall be submitted, reviewed, and approved to the satisfaction of the Director of Parks, Recreation, and Community Services prior to grading and building permits. (City Council)

85. The applicant shall submit a bond in the amount of $17,220 with a duration of five years (if all five trees are retained, then the bond shall be $86,100.00). The bond shall be submitted prior to building and grading permit issuance. If the city's arborist, after consultation with applicant's arborist (if any) determines that the integrity of any of the trees is compromised, the city may call the bond in the amount of $17,220 per tree compromised. (City Council)

86.The applicant shall submit an evaluation report from a certified arborist evaluating the trees' health and safety. The report shall be submitted for review and approval to the satisfaction of the Director of Parks, Recreation, and Community Services prior to the issuance of grading and building permits. (City Council) Condition No. 45 will be struck in its entirety.

The following conditions were amended.

60. Prior to issuance of encroachment permit,
reviewed and approved by the City Engineer.
submit a street improvement plan to be
(City Council)

61. Prior to issuance of certificate of occupancy, all improvements shall be constructed in accordance with the latest edition of the APWA Standard Specifications for Public Works Construction ("Greenbook"), City of Whittier Standards, and to the satisfaction of the City Engineer. (City Council)

64. Prior to issuance of certificate of occupancy, construct new sidewalk along the entire project frontage of Philadelphia Street and Comstock Avenue to the satisfaction of the City Engineer. Concrete construction and landscape installation shall be completed to the satisfaction of the City Engineer. (City Council) MOTION
Council Member Pacheco moved and Council Member Martinez seconded a motion to adopt an amended Resolution No. 2025-06, approving Development Review No. DRP24-001 1 to construct and develop a 24-unit townhome singlefamily residential project, Variance No. VAR24-0001 for deviations from parking and lot width standards, and Vesting Tentative Tract Map No. TTM24-0001 (\/TTM 84431)forsubdivision for residential condominium forthe property located at 12826 Philadelphia Street (AIN 8139-024-027); and adopt Resolution No. 2025-07, adopting a Mitigated Negative Declaration with a mitigation monitoring and reporting program for Development Review No. DRP24-001 1, Variance No.

VAR24-0001, and Vesting Tentative Tract Map No. TTM24-0001 (\/TTM 84431) to construct and develop a new 24-unit, three-story, townhome residential project Whittier City Council/Redevelopment Successor Agency/Utility Authority February 11, 2025
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(Comstock Place) for the property located at 12826 Philadelphia Street (AIN 8139-024-027). The question was called and the motion carried unanimously.

13.C. Landmark Designation No. HRC24-0002
13504 Earlham Drive - Tebbetts-Coffin House (AIN 8138-008-004) Recommendation: Conduct a public hearing to consider adoption of Resolution No. 2025-08, approving the Landmark Designation No. HRC24- 0002 to authorize placement of the property located at 13504 Earlham Drive (Tebbetts-Coffin House) onto the City of Whittier's Local Official Register of Historic Landmarks.

ENVIRONMENTAL
The request for landmark designation is categorically exempt from the environmental review process, pursuant to Section 15308 (Class 8) of the California Environmental Quality Act, which exempts actions taken by regulatory agencies, as authorized by state or local ordinance; to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Whittier Municipal Code Section 18.84.050 enables landmark designation to protect and enhance a historic resource.

This item was moved to a future meeting.

14. COUNCIL MEMBER / DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Martinez indicated he attended ribbon cutting events for Joint Chiropractic and Blue White Cleaners; attended and spoke at the swearing in ceremony of six new officers; attended the Southeast Water Coalition meeting to push for greater transparency from the Budget Advisory Commission; attended the Hoover School of the Arts' musical titled "Shrek, Jr.;" attended the Murphy Reservoir ribbon cutting event; and shared went to dinner with his son.

Council Member Dutra indicated that on February 4, 2025, he traveled to Sacramento with colleagues and met with seven legislators to look for $300 million in funding for Southern California transportation projects; congratulated Assistant City Manager DeLong for being appointed the Interim City Manager; and wished his wife a happy Valentine's Day.

Council Member Pacheco indicated she attended numerous ribbon-cutting ceremonies and thanked the Chamber of Commerce for arranging the events; attended the League of California Cities Southern California Mayors and New Council Members Academy; discussed a book reading for children's author Dr.

Brad Mason (superintendent of Whittier City School District); indicated she was elected Vice Chair of the Puente Hills Habitat Preservation Authority; attended the Murphy Reservoir Replacement ribbon cutting event; attended the Youth of Year Awards event hosted by the Boys and Girls Club; addressed the Association of American Women; and attended the Soroptimist International of Whittier fundraiser.

Whittier City Council/Redevelopment Successor Agency/Utility Authority February 44, 2025
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Mayor Pro Tem Warner indicated she attended the ribbon cutting at Guirado Park and welcomed Interim City Manager DeLong to her new role.

Mayor Vinatieri indicated he attended the ribbon cutting at Guirado Park; the Art Gallery for Dorothea Boyd and the dedication of the kitchen at the gallery; the Whittier Museum to view the Dennis McGonagle exhibition; thanked the City Council for assisting with the sendoff of City Manager Saeki; and welcomed Interim City Manager DeLong.

15. ADJOURNMENT
Mayor Vinatieri adjourned the meeting at 10:05 p.m.

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