City of South Gate CITY COUNCIL. For the Regular Meeting of: October 11, 2016 Originating ES partment: Office of the City Clerk.

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1 RECEIVED OCT CITY O SOUTH GATE A WU OF THE CITY MANAMA a/Yt City Clerk: City of South Gate CITY COUNCIL City Manager: HLL For the Regular Meeting of: October 11, 2016 Originating ES partment: Office of the City Clerk SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES. 1 xi Ay.f.4 Mic ael Flad PURPOSE: To historically preserve the events of the City Council Meetings. RECOMMENDED ACTION: a. Approve the Regular Meeting minutes of August 9, 2016; b. Approve the Special and Regular Meeting minutes of August 23, 2016; c. Approve the Special and Regular Meeting minutes of September 13, 2016 FISCAL IMPACT: None. ANALYSIS: The minutes are provided to the City Council on the Wednesday prior to their regular business meeting. Amendments should be provided to the City Clerk's Office within 24 hours of a City Council Meeting so that verification of the record and corrections are made accordingly. A revised document will be provided to the City Council prior to the Meeting. BACKGROUND: The minutes typically describe the events of the meeting and may include a list of attendees, a statement of the issues considered by the participants, and related responses or decisions for the issues. ATTACHMENTS: Regular City Council Meeting minutes of August 9, 2016 Special and Regular City Council Meeting minutes of August 23, 2016 Special and Regular City Council Meeting minutes of September 13,

2 CITY OF SOUTH GATE REGULAR CITY COUNCIL MEETING MINUTES TUESDAY, AUGUST 9, 2016 CALL TO ORDER INVOCATION Mayor W. H. (Bill) De Witt called a Regular City Council meeting to order at 6:43 p.m. Pastor Nick Garife, Gateway Assembly Church led the Invocation. PLEDGE OF ALLEGIANCE ROLL CALL PRESENT LATE ABSENT/EXCUSED Gabriela Pina, AYSO Registrar led the Pledge of Allegiance. Carmen Avalos, City Clerk Mayor W. H. (Bill) De Witt, Vice Mayor Maria Davila, Council Member Maria Belen Bernal, Council Member Gil Hurtado and Council Member Jorge Morales; Acting City Manager Paul Adams, City Attorney Raul F. Salinas City Treasurer Gregory Martinez arrived at 7:09 p.m. City Manager Michael Had 1 PRESENTATIONS/ AWARDS The City Council presented Certificates of Appreciation to the American Youth Soccer Organization (AYSO) local Region 652 Commissioners and Board of Directors who have served up to 18 years in providing youth soccer opportunities for South Gate residents. COMMENTS FROM THE AUDIENCE Cheryl Cross, Interim Executive Director for Chamber of Commerce, 3350 Tweedy Boulevard thanked the City for their support. She mentioned the Chambers has a new hash tag. Its #southgatestrong. Ms. Cross reminded everyone that on Thursdays they have "lunch and learn." Enrique Vega, /2 Gotham Street, Bell Gardens mentioned he will be the next speaker at the Chamber of Commerce's "lunch and learn." Virginia Johnson, 5751 McKinley Avenue complained about the South Gate crime reports at last City Council meeting. She has started receiving the updated crime reports and it's much easier to understand. Ms. Johnson added that the new business PWS Industrial at Garfield Avenue has finally stopped putting the illegal cones at the public alley blocking traffic with the help of our City staff, but now for the past three weeks on a 24/7 basis keep and maintain a large graffiti dumpster outside their back door which blocks thru traffic in the alley. 2

3 REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 9, 2016 COMMENTS FROM THE AUDIENCE CONT'D Ms. Johnson recommended more public input if the controversial and more interesting items were addressed at the beginning of the meeting instead of at the end when people have already gone home. Nick Godoy, 8611 San Gabriel Avenue his main concern is the Chamber of Commerce. He had not seen what their standing with the state. If they are not in good standing then they need to cease having work in the City because they are in violation of federal law. Mr. Godoy stated City Manager had him meet with Ken Tang City engineer. Mr. Tang showed him a report of what their products are as far as gas and gasoline crude oil. Mr. Godoy complained about the turning signal at El Paseo and Firestone Boulevard, on the 3700 block of Ardmore he noted some cones are sunk in below ground level and is a tripping hazard. Lastly, he added there's a tree on the corner of Ardmore and San Gabriel that needs trimming. If the City cannot trim the branches, he'll do it himself. Julia Juarez, District Director for Senator Ricardo Lara introduced Jonathon Flores the new field representative. Mayor De Witt mentioned the Boy Scouts in the audience and asked if they would like to introduce themselves. The Boy Scouts mentioned they are working for the Citizenship in the Community merit badge. REPORTS AND COMMENTS FROM CITY onicims Arturo Cervantes, Director of Public Works - nothing to report. Steve Costley, Deputy Director of Parks & Recreation mentioned that the AYSO opening day will be August 20th. William Campana, Building Official reported that the City hired a new code enforcement officer. Jackie Acosta, Director of Administrative Services nothing to report. Randy Davis, Chief of Police thanked everyone for last Tuesday's National Night Out. Paul Adams, Acting City Manager/Director of Parks & Recreation - nothing to report. Page 2 of 10 3

4 REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 9, 2016 REPORTS AND COMMENTS FROM CITY OFFICIALS CONT'D Raul F. Salinas, City Attorney informed the Boy Scouts that he is an approved Counselor for the law merit badge and presents a pretty mean trial of the three little bears vs. the big bad wolf. Council Member Bernal apologized for missing this year's National Night Out. She mentioned hosting a community meeting on the 24th in her area. Council Member Morales was sworn in in the City of Burbank to the Los Angeles League of California Cities as State Director. He attended the meeting at the Thunderbird Villa and informed Chief Davis that everyone is doing a wonderful job. Council Member Hurtado was informed through Facebook about a company going around the City of South Gate knocking on residents' doors and portraying themselves as a partner to the City of South Gate. Randy Davis, Chief of Police stated the company was cited last week. Council Member Hurtado was informed about mere misses on a little island between Pinehurst and Southern. He is asking for that to be looked at before anything major happens. Vice Mayor Davila commended the Chief for the National Night Out, but she wasn't able to visit all the neighborhoods due to time limitations. Mayor De Witt stated that the LA County Sanitation District is still in the process of studying the issue that might lead to the closure of the transfer station in South Gate. Carmen Avalos, City Clerk stated that last week she had the opportunity to represent the City with the LA County Registrar Recorders Office regarding the implementation of Senate Bill 415. She mentioned two former Cerritos College students will be participating in the Track and Field at the Rio Olympics. CONSENT CALENDAR Mayor De Witt asked if any member of the City Council, City staff or the public wished to remove or pull an item from the Consent Calendar. There was no request from City staff or the public to remove any items on the consent calendar. Council Member Hurtado requested to pull item 5. Agenda Items 2, 3, 4, 6, and 8 were unanimously approved during Consent Calendar by motion of Council Member Morales and seconded by Council Member Hurtado. Page 3 of 10 4

5 REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 9, STATEMENTS OF ECONOMIC INTEREST-FORM The City Council unanimously adopted Resolution No entitled A Resolution of the City Council of the City of South Gate, amending the City's Conflict of Interest Code for designated City personnel, adopting by reference Section of the California Code of Regulations, during consideration of the Consent Calendar. 3 PARKS The City Council unanimously adopted Resolution No entitled - Resolution of the City Council of the City of South Gate supporting the Los Angeles County "Safe, Clean Neighborhood Parks and Open Space for All Measure", during consideration of the Consent Calendar; and a. Authorized the Mayor to execute letters of support as needed and appropriate to demonstrate the City Council's support of the Los Angeles County Safe, Clean Neighborhood Parks and Open Space for All Measure" on behalf of the City Council. 4 WATER The City Council unanimously adopted Resolution No entitled - Resolution appointing Associate Engineer Gladis Deras as an Alternate Board Member to the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority Governing Board for the ongoing term ending on September 30, 2017, during consideration of the Consent Calendar. EXCUSED FROM ITEM 5 At this time, Mayor De Witt and Council Member Morales were excused from participating on item 5 and departed from the Council Chambers. 5 WASTEWATER MGMT The City Council approved an Agreement (Contract No. 3241) with National Plant Services, Inc., necessary to perform inspections services under the Sanitary Sewer Main Closed Circuit Televisions Intersection Services Program, for an amount not to exceed $100,000, for an 18-month term with the provision for an 18-month extension, by motion of Council Member Hurtado and seconded by Council Member Bernal; and a. Authorized the Mayor to execute the Agreement in a form acceptable to the City Attorney. ROLL CALL: Vice Mayor Davila, yes; Council Member Hurtado, yes; Council Member Bernal, yes; Mayor De Witt, absent; Council Member Morales, absent. Page 4 of 10 5

6 REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 9, COMMUNITY PROMOTION The City Council unanimously approved a License Agreement (Contract No. 3242) with South Gate CrossFit to conduct the 2016 Jingle Road Run, during consideration of the Consent Calendar; and a. Authorized the Mayor to execute the Agreement in a form acceptable to the City Attorney; and b. Authorized the Director of Parks & Recreation (Director) to approve the Race Route and Schedule to ensure that this event does not cause undue inconvenience to residents or churches along the route or interfere with the Annual Children's Christmas Lane Parade; and c. Appointed the Director as the City Agent to act on behalf of the City in matters required for the successful execution of this Agreement. 7 ITEM REMOVED FROM THE AGENDA This Item was removed from the Agenda. 8 MINUTES The City Council unanimously approved the Special and Regular Meeting minutes of May 31, 2016 and June 14, 2016, during consideration of the Consent Calendar. REJOINED MEETING Mayor De Witt and City Council Morales rejoined the Council prior to the discussion on this matter. PRESENTATION ON ZIKA VIRUS The City Council received and filed a presentation by the Greater Los Angeles County Vector Control District representative on the Zika Virus. 9 STREETS/SIDEWALKS/ LANDSCAPING The City Council unanimously approved an Agreement (Contract No. 3243) with West Coast Arborist, Inc., for Citywide Tree Maintenance Services, City Project No. 540-ST, in the amount of $1,600,250, by motion of Council Member Hurtado and seconded by Mayor De Witt; and a. Authorized the Mayor to execute the Agreement in a form acceptable to the City Attorney. Page 5 of 10 6

7 REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 9, STREETS/SIDEWALKS/ LANDSCAPING CONT'D Mayor De Witt asked the Acting City Manager to summarize this item. Acting City Manager stated Mr. Cervantes will speak on this item. Arturo Cervantes, Director of Public Works stated that the City owns an urban forest with almost 22,000 trees. The trees are maintained through the services of a contractor. The City's prior contractor (TLC) has expired, so City staff issued an RFP to bring on board a new contractor. City staff is recommending West Coast Arborist who was the City's prior tree contractor for more than 20-years. Mayor De Witt asked if anyone in the audience wished to speak on the item. Angel Sotelo, Dolores Avenue thanked the City for giving his company an opportunity to work in the City the last three-years. He stated that Trimming Land Company is not a perfect company. Mistakes were made and those issues rectified. He added that TLC never cheated their employees. Mr. Sotelo informed Council that about three months ago West Coast Arborist settled a $3 million class action lawsuit. He also read a referenced letter into the record signed by Mayor Robles. Mr. Sotelo has full authority to negotiate rates on behalf of his company. He is respectfully asking Council to reject staff's recommendation. Alex works for. Laborers Local 1309 and they represent members that live in the area. They have an association that recently began with West Coast Arborist. He is encouraging Council to engage this contract. Ricardo Andrade, Field Representative for Laborers Local 300 and is present tonight on behalf of his business manager and LA Unified president Sergio Rascon to show West Coast Arborist their support. Pat Mahoney, President of West Coast Arborist. This is a family owned business and has been in business for 45-years. They have serviced the City in the past for over 25-years with an excellent safety record. Mr. Mahoney stated his company joined the labor union about 1 1/2 years ago. It was unclear with the State of California which was the proper prevailing wage. Was it landscape maintenance or new construction? His company got 70 cities to write letters in their support. Landscape maintenance prevailing wage is minimum wage and new construction is $50 an hour. They were in a class action lawsuit over the prevailing wage. Which one was the correct wage? They then joined the labor union and the Page 6 of 10 7

8 REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 9, STREETS/SIDEWALKS/ LANDSCAPING CONT'D agreement was adopted by the state as the prevailing wage for the State of California. Nick Godoy, 8611 San Gabriel Avenue recommends this item be tabled to the next Council meeting to give Council an opportunity to investigate the allegations. Having no one else come forward, Mayor De Witt closed the audience portion. Mayor De Witt asked Mr. Cervantes if he addressed any of the issues Mr. Godoy brought-up. Mr. Cervantes stated that staff follows a process that involves an RFP that identifies all of the criteria by which the contractors were to be selected. Council Member Hurtado requested staff keep him informed of any issues the companies might have. He is concerned about the current company's issues. If Council had been informed of all complaints against TLC; Council could have informed TLC of the complaints. Council Member Hurtado has had a friendship with Angel Sotelo from TLC, but the job here is not about friendship, it's about contracts. Council Member Morales stated that the chambers has gone through many issues and need a lot of assistance and support. He asked Mr. Mahoney to be engaged in the community. Mr. Mahoney stated that his company does not deal with Council. They deal with staff because staff prefers it. His company has supported different events. He will make sure to become a member of the chambers and support the community. Council Member Bernal thanked TLC for the time they served the community. She never agreed to the four change orders under TLC. She asked Mr. Cervantes to go over the comprehensive approach that was taken to ensure that we are counting for the change orders that was experienced with the last contractor and how to prevent those. Mr. Cervantes clarified and be fair to TLC. The prior issues were not with TLC but with the structure of the prior contract which was the focus on just tree trimming. There was no budget for tree removal and whatnot. Whenever a windstorm hit the City and trees fell, TLC stepped up to the plate and helped with the removal and then we would process change orders. With the new contract staff was a little more comprehensive. They took TLC's original scope of work plus all of the change orders and looked at all of the work needed and included in the contract. Page 7 of 10 8

9 REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 9, STREETS/SIDEWALKS/ LANDSCAPING CONT'D Mayor De Witt asked if all procedures were followed properly in the bidding process. Mr. Cervantes stated yes. Council Member Hurtado asked if Council can have a copy of the agreement between West Coast Arborist and the union. Council Member Hurtado informed TLC that they did a great job and hopes their friendship still exists. Mayor De Witt thanked TLC for their participation in the City and they grew as a result of the contract. 10 CITY COUNCIL The City Council considered providing direction to staff on amendments to Section (Rules of decorum for City Council meetings), of Chapter 1.04 (City Council), of Title 1 (Administration and Personnel), of the South Gate Municipal Code pertaining to the establishment of restricting the public on displaying signs, posters or placards during City Council meetings: Option 1) Banning signs outright inside the Council Chamber; OR Option 2) Allowing the Mayor or presiding officer the right to authorize the use of signs at public meetings; OR Option 3) Allowing signs from the audience with the restriction that the signs cannot block or interfere with a person's view of the meeting. Mayor De Witt asked the Acting City Manager to summarize this item. Acting City Manager stated this item, along with a number of other items relating to decorum ordinance for City Council were brought-up and many of those items have been resolved. This item was brought-up by Council Member Hurtado. Council Member Hurtado was not present at the last Council meeting and staff has brought it back for direction. Council Member Hurtado had a conversation with a resident that attended a Council meeting. That resident has attended other Council meeting throughout the Southeast area and was amazed how the people are civil in the South Gate Council meetings. She asked if there's a direction given to people attending meetings. Council Member Hurtado replied that South Gate has never had an issue with rules of decorum during meetings. Council Member Hurtado asked City Manager about reviewing the City's rules of decorum. After reading the rules of decorum there was something in the rules he didn't like and asked staff that this should be brought before the audience for discussion. Page 8 of 10 9

10 REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 9, CITY COUNCIL CONT'D Council Member Hurtado read section C. Addressing the City Council. A person wishing to address the city council regarding an item which is on the city council meeting shall submit a request on the form provided. Council Member Hurtado asked City Attorney to explain. Raul F. Salinas, City Attorney stated that it requires people to come to the dais and you are required to ask for a card to be recognized. City Attorney also stated that people in the audience that were present in February 2003 when City Council passed a resolution suspending any requirements and since that time after that historical election we have not done it. This was addressed back in 2003 and in the haste before the City Council to try to ride that ship, this matter was never addressed. Council Member Hurtado stated that because this is still in the books, a potential City Council who wants to prevent residents from speaking can use these rules to their advantage. He asked City Manager to agendize this item to get it corrected. He never discussed having "signs." Mayor De Witt asked if anyone in the audience wishes to speak on this item. Virginia Johnson, 5751 McKinley Avenue does realize this item has to do with placards and signs, but wonders if those other cities should have a little dissension in their chambers. She has not seen any problems with Council in the past thirteen-years to warrant this. At the request of staff and Council, contractors and consultants have brought signs and have never been waived around or interrupted any meetings by obstructing the public's view. She stated that if the City ever gets a corrupt Council in the future; they will make their own rules, so we should not be worried about a non-existing problem. She urges Council to consider Option 3. Nick Godoy, 8611 San Gabriel Avenue understands what Council Member Hurtado is saying, but we do not have any problems with the current people. He too urges Council to consider Option 3. Having no one else come forward, Mayor De Witt closed the audience portion. Gregory Martinez, City Treasurer stated City Attorney was very correct. There were so many things going on. On Council's first week, 250 employees were laid-off. Council was trying to unravel contracts with employees and attorneys. He believes if people want to bring signs, stand in the back and not obstruct the public's view; that is a form of freedom of speech. He recommends Option 3. Page 9 of 10 10

11 REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 9, CITY COUNCIL CONT'D Council Member Hurtado is not concern about signs. He concerned about the section he read. Vice Mayor Davila recommends Option 3 without foul language? City staff was directed to bring back item 10 with modifications to Option 3, by motion of Council Member Hurtado and seconded by Vice Mayor Davila. The motion carried unanimously (5-0). 11 WARRANTS AND CANCELLATIONS The City Council unanimously approved the Warrants and Cancellations for August 9, 2016, by motion of Council Member Auditor Bernal and seconded by Mayor De Witt. Total of Checks: $2,474, Voids $ (2,953.18) Total of Payroll Deductions: $ (282,826.27) Grand Total: $2,189, Cancellations: 64895, 66717, 66750, Mayor De Witt asked if anyone in the audience wished to speak on this item. Seeing no one step forward; Mayor De Witt closed the audience portion. ADJOURNMENT Council Member Hurtado unanimously adjourned the meeting at 8:45 p.m. and seconded by Mayor De Witt. PASSED and APPROVED this 11th day of October, ATTEST: W.H. (Bill) De Witt, Mayor Carmen Avalos, City Clerk Page 10 of 10 11

12 CITY OF SOUTH GATE SPECIAL CITY COUNCIL MEETING MINUTES TUESDAY, AUGUST 23, 2016 CALL TO ORDER ROLL CALL PRESENT ABSENT/EXCUSED W. H. (Bill) De Witt, Mayor called a Special City Council meeting to order at 5:47 p.m. Carmen Avalos, City Clerk Mayor W. H. (Bill) De Witt, Vice Mayor Maria Davila, Council Member Maria Belen Bernal, Council Member Gil Hurtado and Council Member Jorge Morales; City Manager Michael Flad, City Attorney Raul F. Salinas City Treasurer Gregory Martinez CLOSED SESSION The Council Members recessed into Closed Session at 5:49 p.m. and reconvened at 6:41 p.m. with all members of Council present. City Attorney Salinas reported the following: 1. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION Pursuant to Government Code Section (a), (b)(3)(c) a. City of South Gate v. Marco Preciado and Alicia Bahena b. In Re Gardena Petition, Case No. BS c. Enedina Sanchez v. City of South Gate d. In Re Tony's Auto Repair On item 1(a), the City Council received a settlement related request in connection with that case, but certain property owners after consideration in closed session and a report by the City Attorney's Office and City staff, the City Council took no action and provided guidance. Item 1(b) is a suit filed by other cities naming South Gate along with a number of other cities within the County of Los Angeles over certain stormwater discharge permits. On a motion made by Mayor De Witt and seconded by Council Member Hurtado and on a vote of 5-0, the City Council authorized the City Attorney's Office to respond to that petition and protect the City's interest. Item 1(c) is a trip and fall matter involving the City of South Gate. There was a recent mediation and in connection with that mediation there was a settlement proposal made on a motion by Mayor De Witt and seconded by Council Member Morales and on a vote of 4-1, City Council authorized City Attorney to respond to that settlement. The amount of the settlement and nature of the response is not being disclosed at this time as the matter 12

13 SPECIAL CITY COUNCIL MEETING MINUTES OF AUGUST 23, 2016 CLOSED SESSION CONT'D is subject to mediation and the other side's response is still pending. Council Member Hurtado voted no in connection with that settlement. On item 1(d), City Council previously given guidance to City staff to attempt to resolve that matter. City Council in today's closed session authorized the execution of a settlement agreement in the amount of $5,000 to resolve that matter. The motion was made by Vice Mayor Davila and seconded by Mayor De Witt and on a vote of 5-0. ADJOURNMENT Council Member Hurtado unanimously adjourned the meeting at 6:44 p.m. and seconded by Vice Mayor Davila. PASSED and APPROVED this 11th day of October, ATTEST: W.H. (Bill) De Witt, Mayor Carmen Avalos, City Clerk Page 2 of 2 13

14 CITY OF SOUTH GATE REGULAR CITY COUNCIL MEETING MINUTES TUESDAY, AUGUST 23, 2016 CALL TO ORDER INVOCATION Mayor W. H. (Bill) De Witt called a Regular City Council meeting to order at 6:46 p.m. Steve Costley, Deputy Director of Parks & Recreation led the Invocation. PLEDGE OF ALLEGIANCE ROLL CALL PRESENT LATE Joseph Nunez, Field Representative for Senator Lara led the Pledge of Allegiance. Carmen Avalos, City Clerk Mayor W. H. (Bill) De Witt, Vice Mayor Maria Davila, Council Member Maria Belen Bernal, Council Member Gil Hurtado and Council Member Jorge Morales; City Manager Michael Flad, City Attorney Raul F. Salinas City Treasurer Gregory Martinez arrived at 7:06 p.m. CERTIFICATES OF APPRECIATION The City Council presented Certificates of Appreciation to South Gate educators Gabriela Mancilla-Angulo and Michelle Touceda, for being selected as Teachers of the Year by the Los Angeles Unified School District. 2 PRESENTATIONS/ CERTIFICATES OF APPRECIATION The City Council allowed four South Gate High School students to conduct presentations of their learning experience of the 33rd Senate District Young Senators Program; and a. Presented Certificates of Appreciation to the students for their participation and completion of the Young Senators Program. DEVIATE FROM THE AGENDA At this time, there being no objections, Mayor De Witt stated that item 9 would be considered out of its regular agenda order. 9 PRESENTATION The City Council unanimously received and filed a presentation by South Central Los Angeles Regional Center, by motion of Council Member Hurtado and seconded by Mayor De Witt. 14

15 REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 23, LICENSES & PERMITS The City Council conducted a Public Hearing and unanimously waived the reading in full and introduced Ordinance No entitled An Ordinance of the City of South Gate granting a five-year franchise agreement to Torrance Pipeline Company, LLC, to use, maintain, repair and replace a single pipeline beneath specified public streets, together with related appurtenances, for transmitting and distributing oil and oil products, by motion of Council Member Morales and seconded by Mayor De Witt. Mayor De Witt asked if there is an additional report. Arturo Cervantes, Director of Public Works stated the City regulates utilities in the public-right-away through franchise agreements. Currently, there is a pipeline owned by Exxon Mobile running across Alameda/Southern and then Santa Fe. That pipeline is being sold to Torrance Pipeline Company. Mr. Cervantes stated that we currently have a franchise agreement with Exxon. Staff felt that a new franchise agreement was preferable to restart a fiveyear clock and also to address the difference and type of entities that they are. Mr. Cervantes stated that this item is the second step in a three step process to award a franchise agreement. He stated that safety is regulated by the Fire Marshall and we do have documents in place. Mr. Cervantes stated that members from Torrance Pipeline are present tonight to answer any questions. Mayor De Witt asked if anyone in the audience wished to speak on this item. Nick Godoy, 8611 San Gabriel Avenue spoke with Ken Tang the engineer in charge of this project. Mr. Tang showed him a letter from the Fire Marshall indicating the pipes get tested. Ida Lopez, 9835 Karmont Avenue inquired on the revenue for the City. Mr. Cervantes stated that the revenue would be a granting fee of $11,255 and the annual fee would be $18,934. Having no one else come forward, Mayor De Witt closed the audience portion. Page 2 of 8 15

16 REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 23, LICENSES & PERMITS CONT'D Mayor De Witt asked if there would be a pipeline leak; do the Police Department and/or the Public Works Department have the pump operators' contact information to shut down. Mr. Cervantes stated there is an emergency response plan required through the franchise agreement. He invited the president of the company, Mr. Jeffrey Dill to answer any questions. Jeffrey Dill, President of the western region for Torrance Valley Pipeline Company. He stated Mr. Cervantes is correct. The company is required under various laws to have in place emergency response plans and those plans are available to all local agencies. Mr. Dill also mentioned that the company will always know if anything is wrong with any pipelines. Council Member Morales asked about the maintenance of the pipelines. Mr. Dill stated maintenance is a continued process. Mayor De Witt inquired about how many miles of pipelines the company maintains. Mr. Dill stated that in California approximately 300 miles of pipeline and nationwide they probably have twice that. COMMENTS FROM THE AUDIENCE Mike Quimbayo, Karmont Avenue has been a resident of South Gate for about 4-years. He complained to Council about pollution from a factory that mulches wood products. Council Member Hurtado informed Mr. Quimabyo that staff is addressing the issue. Denise Campos, Public Affairs Representative for Southern California Gas Company, 555 W. 5th Street, Los Angeles updated Council on the Porter Ranch gas leak. Council Member Morales asked Ms. Campos to talk about an event at a business on Friday. Ms. Campos stated that on Saturday the Gas Company coordinated a press opportunity with Univision in the City of South Gate. They have energy efficiency rebates for small and large businesses. A small business (Laundromat) on Tweedy Boulevard in the City of South Gate applied for an energy efficiency rebate. Page 3 of 8 16

17 REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 23, 2016 COMMENTS FROM THE AUDIENCE CONT'D Liliana Jimenez, San Jose Avenue has been a resident of South Gate for 35-years. She complained about parking issues. Ms. Jimenez is requesting having access to pay the water bill on-line. Mayor De Witt informed Ms. Jimenez that the City is working on it. Ms. Jimenez informed Council that she inherited her parents' house and her parents built a garage. It is her responsibility to bring it down. She has gone to court and has to continue going to court every single month to show progress. She does not have the money to bring the garage down and bring it up to code. She is asking for assistance. Linda Parsonson, 5780 Main Street informed Council receiving two post cards from two different colleges. She mentioned reading in the Wave newspaper about City of Downey's 75th acre development project on Rancho Los Amigos and the Hollydale Park's grass is dying. Maynor Merida, Karmont Avenue and has been a resident of South Gate for 12-years. He mentioned that the issue Mr. Quimbayo spoke about has been going on since 2007, so any help from the City will be appreciated. Cheryl Cross, Interim Executive Director for the South Gate Chamber of Commerce informed Council of the new Executive Board of Directors: Alex Castalieida from T. Entertainment (President), Tiffany Ralph from Tesoro Corporation (Vice President), Bill Baum of B&B Automatic (Treasurer), Hector Tones past President of Rotary and owns a preschool in town (Secretary), Jaime Garcia from Prime Store Development, azalea Shopping Center. Elvira Cervantes, Karmont Avenue complained about pollution from a factory that mulches wood products. Nick Godoy, 8611 San Gabriel Avenue informed Council that on August 15th he filed a form with the City Clerk's Office in regards to the Chamber of Commerce. The document states that the Chambers is still not in good standing with the State. He will try to file a complaint putting the City on notice and the Chambers about not doing any business in the City. Mr. Godoy informed Council that last week an older person with a walker needed help walk up the side stairs. Mr. Godoy wasn't able to assist him because he can't lift his arms. He informed the older person about the handicap ramp on the Seaborg side. Mr. Godoy asked if the City has information about the pipelines running through the City. Page 4 of 8 17

18 REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 23, 2016 COMMENTS FROM THE AUDIENCE CONT'D Grisel Oquendo, 2601 E. Ocean Boulevard, Long Beach invited the public to a meeting regarding the libraries. REPORTS AND COMMENTS FROM CITY OFFICIALS Arturo Cervantes, Director of Public Works - nothing to report. Steve Costley, Deputy Director of Parks & Recreation mentioned construction of the two playground projects starting in mid September. Mayor De Witt thanked Mr. Cervantes and Mr. Costley for taking him up to the sports center's roof for inspection. Joe Perez, Director of Community Development - nothing to report. Jackie Acosta, Director of Administrative Services nothing to report. Randy Davis, Chief of Police mentioned attending an event called "Plane Pull" at the Long Beach airport. This is a charity for the Special Olympics. Twenty-five police officers signed up on a team. They pulled a 727 FedEx Jet to 12 feet in a certain amount of time. There were about 30 or 35 other teams from other police departments. Michael Flad, City Manager nothing to report. Raul F. Salinas, City Attorney - nothing to report. Council Member Hurtado is happy to see people attending tonight are meeting with their concerns. He stated people reach out to him with their concern through Facebook. Council Member Hurtado stated AYSO had its opening day event and he had to honor of kicking the first penalty of the year. Council Member Bernal attended the HUB Cities Consortium meeting. She also attended a Special HUB Cities meeting where the LA County funded the consortium for only a six month period. The County was contemplating going through an RFP process, but after a lot of questions they postponed the RFP process and extended the funding for a whole year. Council Member Bernal asked staff to look into a rotten smell around Garfield and Firestone. Council Member Bernal's daughter started pre-school. She is looking forward in participating in her community as a parent. Page 5 of 8 18

19 REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 23, 2016 REPORTS AND COMMENTS FROM CITY OFFICIALS cont'd Council Member Morales stated returning to grad school at USC. He thanked Mayor De Witt for his help. Council Member Morales attended the California Contract Cities Association meeting and the big issue was liability trust fund. Our City does not participate in that because it's mainly for Sheriff Contracts or any County contract. He stated that forty-two cities have contracts with the Sheriff's Department. This fund was created to be able to pay for any issues with liability. The trust fund went up by 9% and there's talks about it going up to 19%. The cities are concerned because they budget for a certain amount. Council Member Morales is concerned about the tiles on the wall on the Southern Avenue side. He asked staff to look into it. Steve Costley, Deputy Director of Parks and Recreation know about the issue. The detail on how the capstones were hooked to the wall was changed. The contractor that will be building the new picnic shelter will fixing and replacing the capstones. Vice Mayor Davila received a phone call from a Director of LAUSD. He invited Council and the public to attend at Independence Elementary School a delegation tomorrow morning from China with fifteen teachers and forty-five students. Mayor De Witt attended the County Sanitation District meeting and stated litigation at Kern County in regards to some property the Sanitation District owns. Carmen Avalos, City Clerk stated that the City Clerk's Office will be designated as a ballot drop off center for the upcoming election. She also mentioned the statewide election changes that any special election up until 2018 effective 2017 might be designated as an all vote-by-mail election. Gregory Martinez, City Treasurer nothing to report. CONSENT CALENDAR 4 PROPERTY USE ADMIN/PERMITS Agenda Items 4, 5, 6, 7, and 8 were unanimously approved during Consent Calendar by motion of Council Member Hurtado and seconded by Vice Mayor Davila. The City Council unanimously adopted Resolution No entitled A Resolution of the City Council of the City of South Gate approving Conditional Use Permit No. 822 and making a determination of public convenience or necessity for the sale of beer and wine for off-site Page 6 of 8 19

20 REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 23, PROPERTY USE ADMIN/PERMITS CONT'D consumption for Freddy's Market located at 3433 Tweedy Boulevard, during consideration of the Consent Calendar. 5 STREETS/SIDEWALKS/ LANDSCAPING The City Council unanimously approved Amendment No. 2 to Contract No with Mariposa Landscapes, Inc., extending landscape maintenance services on a month-to-month basis, for a monthly amount of $22, 874, during consideration of the Consent Calendar; and a. Authorized the Mayor to execute Amendment No. 2 in a form acceptable to the City Attorney. 6 SPORTS CENTER MGMT The City Council unanimously authorized the City Manager to approve Change Order No. 2 to Contract No with Best Contracting Services, Inc., to cover costs associated with repair of the deteriorated metal deck sub-roof under the South Gate Sports Center Roof, City Project No ARC, HUD Activity No. 614, in an amount not-to-exceed $750,000, during consideration of the Consent Calendar. 7 EQUIPMENT PURCHASE ADMIN The City Council unanimously authorized the purchase of one Jacobsen HR600 large area rotary mower in the amount of $65, utilizing The National Joint Powers Alliance, (NJPA), a national government contract pricing purchasing organization, during consideration of the Consent Calendar. 8 MINUTES The City Council unanimously approved the Special and Regular Meeting minutes of June 28, 2016, during consideration of the Consent Calendar. to BUDGET ADMIN The City Council unanimously received and filed the Citywide Work Program for Fiscal Year Page 7 of 8 20

21 REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 23, WARRANTS AND CANCELLATIONS The City Council approved the Warrants and Cancellations for August 23, 2016, by motion of Council Member Auditor Bernal and seconded by Mayor De Witt. Vice Mayor Davila abstained from voting on Warrant No Total of Checks: $3,579, Voids: $ (310,263.85) Total of Payroll Deductions: $ (310,672.20) Grand Total: $2,958, Cancellations: 65760, 66593, 66791, 66809, 67023, ADJOURNMENT Council Member Hurtado unanimously adjourned the meeting at 9:38 p.m. and seconded by Vice Mayor Davila. PASSED and APPROVED this 11th day of October, ATTEST: W.H. (Bill) De Witt, Mayor Carmen Avalos, City Clerk Page 8 of 8 21

22 CITY OF SOUTH GATE SPECIAL CITY COUNCIL MEETING MINUTES TUESDAY, SEPTEMBER 13, 2016 CALL TO ORDER ROLL CALL PRESENT ABSENT/EXCUSED CLOSED SESSION W. H. (Bill) De Witt, Mayor called a Special City Council meeting to order at 5:36 p.m. Carmen Avalos, City Clerk Mayor W. H. (Bill) De Witt, Vice Mayor Maria Davila, Council Member Maria Belen Bernal and Council Member Gil Hurtado and; City Manager Michael Had, City Attorney Raul F. Salinas Council Member Jorge Morales and City Treasurer Gregory Martinez The Council Members recessed into Closed Session at 5:38 p.m. and reconvened at 6:33 p.m. with four (4) members of Council present. City Attorney Salinas reported the following: 1. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION Pursuant to Government Code Section (a), (b)(3)(c) a. Thomas Taylor v. City of South Gate (WCAB) b. Roy Sullivan v. City of South Gate (WCAB) c. Silvia Lainez v. City of South Gate d. Estate of Osvaldo Torres v. City of South Gate; and related claims submitted by Fernando Torres and Maria G. Mora Cortes On item 1(a), City Council deferred discussing and will be brought back sometime in the future. On item 1(b), the City Council received a report with respect to a proposed settlement by the outside attorney representing the City's interest. At the conclusion of the presentation and Council asking questions a motion was made by Mayor De Witt and seconded by Council Member Hurtado and on a vote of 4-0, the City Council approved a settlement of that matter. The terms of the settlement are yet to be finalized and required governmental approval. On item 1(c), the City was sued on a slip and fall matter involving a sidewalk property near the corner of Firestone and Garfield. On a motion made by Mayor De Witt and a seconded by Vice Mayor Davila and on a vote of 4-0, the City Council authorized the City Attorney's Office to defend the City's interest in that case. On item 1(d), the City Council on a motion made by Mayor De Witt and a seconded by Council Member Hurtado and on a vote of 3-0, authorized the defense of the City's interest and refers this matter to the Carpenter, Rothans firm for defense. 22

23 SPECIAL CITY COUNCIL MEETING MINUTES OF SEPTEMBER 13, 2016 Raul F. Salinas, City Attorney recused himself from participating on item 1(d). The lawyer that filed that suit is someone he had referred a personal injury matter to. This matter will be assigned to an outside counsel. Vice Mayor Davila recused herself from participating on item 1(d). 2. CONSIDER THE EVALUATION OF PERFORMANCE OF A PUBLIC EMPLOYEE Pursuant to Government Code Section and a. Field Operations Manager Item 2 was discussed in closed session with respect to some contract terms and evaluational issues related to that position. Upon completion of the presentation by the City Manager's Office there was no reportable action or vote taken in closed session. 3. CONFERENCE WITH LEGAL COUNSEL - REAL PROPERTY NEGOTIATIONS Pursuant to Government Code Section a. Consideration of Land Annexation Property APN: Property Address: Southeast corner of City limits bordered by the following streets: Paramount Blvd.; Rancho St.; Ruther Ave.; and Somerset Ranch Rd.S City Negotiator: Michael Had, City Manager Negotiating with: City of Paramount Under Negotiation: Terms of Sale Item 3 was not discussed in closed session due to time limitations and will be brought back in the future. ADJOURNMENT Vice Mayor Davila adjourned the meeting at 6:38 p.m. and seconded by Council Member Hurtado. PASSED and APPROVED this 11th day of October, ATTEST: W.H. (Bill) De Witt, Mayor Carmen Avalos, City Clerk Page 2 of 2 23

24 CITY OF SOUTH GATE REGULAR CITY COUNCIL MEETING MINUTES TUESDAY, SEPTEMBER 13, 2016 CALL TO ORDER INVOCATION Mayor W. H. (Bill) De Witt called a Regular City Council meeting to order at 6:39 p.m. Pastor Anthony Kidd, Community of Faith Bible Church led the Invocation. PLEDGE OF ALLEGIANCE ROLL CALL PRESENT ABSENT/EXCUSED Giselle Mares, City of South Gate Management Assistant led the Pledge of Allegiance. Carmen Avalos, City Clerk Mayor W. H. (Bill) De Witt, Vice Mayor Maria Davila, Council Member Maria Belen Bernal and Council Member Gil Hurtado; City Treasurer Gregory Martinez, City Manager Michael Flad, City Attorney Raul F. Salinas Council Member Jorge Morales 1 COMMUNITY DEV/ HOUSING The City Council conducted a Public Hearing and received and filed the Consolidated Annual Performance and Evaluation Report (CAPER) for program year , by motion of Council Member Hurtado and seconded by Vice Mayor Davila. Mayor De Witt asked if anyone in the audience wished to speak on this item. Seeing no one step forward; Mayor De Witt closed the audience portion. COMMENTS FROM THE AUDIENCE Virginia Johnson, 5751 McKinley Avenue mentioned the new bike trail on Gardendale is causing a lot of trouble to motorist. She also mentioned her son placed the trash receptacles on the street on Monday as requested by Waste Management for the Tuesday pick-up. Cal's park on her side of the street because there is no car parking on the other side of the street and was wondering where people are supposed to park if the trash cans are placed on the street. Nick Godoy, 8611 San Gabriel Avenue indicated he'd spoken to the Director of Public Works in regards to issues in front of the Eagles on Otis and Santa Ana. 24

25 REGULAR CITY COUNCIL MEETING MINUTES OF SEPTEMBER 13, 2016 REPORTS AND COMMENTS FROM CITY OFFICIALS Paul Adams, Director of Parks and Recreation mentioned the Vista is available and reminded everyone of the Opera event on October 13th at the large quad baseball diamond. Arturo Cervantes, Director of Public Works mentioned the OP program with more than $70 million funds. More than fifteen projects are currently under construction. Joe Perez, Director of Community Development - nothing to report. Jackie Acosta, Director of Administrative Services - nothing to report. Randy Davis, Chief of Police mentioned a couple of weeks ago the Police Department launched the Business Watch Program to partner with our Neighborhood Watch Program. Mike Flad, City Manager - nothing to report. Raul F. Salinas, City Attorney mentioned that yesterday the Governor signed a bill that will impact the residents of the City of South Gate. It has to do with the protection to domestic workers. Gregory Martinez, City Treasurer - nothing to report. Carmen Avalos, City Clerk stated as of today the City of South Gate has 38,657 registered voters and of that probably 1/3 are permanent absentee voters. On Tuesday, September 27th is National Voter Registration Day and in coordination with the LA County, City Clerk's Office will be having a booth set-up in South Gate to support their efforts to continue increasing voter registration. Ms. Avalos also mentioned that the Board of Supervisors approved that the CEO and Registrar Recorders Office move forward with a possible special election in March The measure for their special election has to do with homelessness. Council Member Hurtado nothing to report. Council Member Bernal reminded everyone of the Citizenship Application Assistance at the South Gate Park Auditorium on Saturday, September 17th from 9:00 a.m. to 4:00 p.m. Vice Mayor Davila mentioned last week the South Gate Women's Multi- Cultural Club has their annual fund raiser. She thanked everyone for their support. She went to the LA County Fair to support the South Gate Police Department on the Pink Patch event. Page 2 of 6 25

26 REGULAR CITY COUNCIL MEETING MINUTES OF SEPTEMBER 13, 2016 REPORTS AND COMMENTS FROM CITY OFFICIALS CONT'D Vice Mayor Davila and Mayor De Witt taped the South Gate Informed on the Vector Control. On Monday she attended the School Safety Collaborative meeting and met a lot of new principals. Mayor De Witt attended the County Sanitation District meetings and there's some concern at the County Sanitation District that they me be considering closing the transfer station on Garfield. Next Monday he will be attending a tour with the Sanitation District up to Kettleman City to look at a composting facility. Mayor De Witt apologized to Vice Mayor Davila and the South Gate Women's Multi-Cultural Club for not attending their fund raiser on Friday. His grandchildren were not feeling well. Mayor De Witt mentioned that the Metropolitan Transit Authority has placed a measure on the November ballot to increase the sales tax half of one percent and a number of the cities in the Gateway have opposed this measure. CONSENT CALENDAR Agenda Items 2, 3, 4, 5, 8, 9, and 12 were approved during Consent Calendar by motion of Council Member Hurtado and seconded by Mayor De Witt. Items 6, 7, 10, and 11 were pulled for separate discussion. MUNICIPAL CODE ADMIN The City Council waived the reading in full and introduced Ordinance No entitled An Ordinance of the City Council of the City of South Gate amending certain sections of Chapter 1.04 (City Council) of Title 1. (Administration Personnel), of the South Gate Municipal Code pertaining to rules and procedures for City Council Meetings, during consideration of the Consent Calendar. 3 LICENSES & PERMITS 4 COMMUNITY DEW HOUSING The City Council waived the reading in full and adopted Ordinance No entitled - An Ordinance of the City Council of the City of South Gate granting a five (5) year franchise agreement to Torrance Pipeline Company, LLC, to use, maintain, repair, and replace a single pipeline beneath specified public streets, together with related appurtenances, for transmitting and distributing oil and oil products, during consideration of the Consent Calendar. The City Council adopted Resolution No entitled A Resolution of the City Council of the City of South Gate, California, accepting the determination that code enforcement activities will meet the national objective of benefit to low- and moderate- income persons on an area basis for the Community Development Block Grant Program, during consideration of the Consent Calendar. Page 3 of 6 26

27 REGULAR CITY COUNCIL MEETING MINUTES OF SEPTEMBER 13, PERSONNEL RECRUITMENT & SELECTION 6 PERSONNEL RECRUITMENT & SELECTION The City Council adopted Resolution No entitled - A Resolution of the City Council of the City of South Gate amending Resolution No (Salary Resolution and Position Classification Plan) to create the position and job specification for the Office Assistant - General position, to update the job specification for the Street Lead Worker position and to update the salary pay table, during consideration of the Consent Calendar. The City Council approved an Employment Agreement (Contract No. 3250) with David Torres, Field Operations Manager, by motion of Council Member Hurtado and seconded by Vice Mayor Davila; and a. Authorized the Mayor to execute the Agreement in a form acceptable to the City Attorney. 7 LAW ENFORCEMENT The City Council approved Contract No. 3130A (Master Equity Lease Agreement) with Enterprise FM Trust to include the lease of two additional vehicles for the Police Department for a term of 36 months in the total amount of $52,989, ($17,663 per year), by motion of Vice Mayor Davila and seconded by Council Member Hurtado; and a. Authorized the Mayor to execute agreement in a form acceptable to the City Attorney. 8 LEGAL OPERATIONS The City Council approved a retainer agreement (Contract No. 3251) with the law firm of Malmquist, Fields & Camastra for specialized areas of law in Workers' Compensation claims, during consideration of the Consent Calendar; and a. Authorized the Mayor to execute the retainer agreement in a form acceptable by the City Attorney. 9 STREETS/SIDEWALKS/ LANDSCAPING The City Council approved amendment No. 1 to Contract No with Harris & Associates to fund additional engineering design services to add parkway and storm water compliance features for the Garfield Avenue and Imperial Highway Street Improvements, City Project No. 413-ST, Federal Project No. STPL-5257(030) (Project), in an amount not to exceed $82,146, during consideration of the Consent Calendar; and a. Authorized the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney. Page 4 of 6 27