CITY OF SOUTH GATE REGULAR CITY COUNCIL MEETING MINUTES TUESDAY, DECEMBER 9, 2014

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1 CITY OF SOUTH GATE REGULAR CITY COUNCIL MEETING MINUTES TUESDAY, DECEMBER 9, 2014 CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE PRESENT ROLL CALL 1 CERTIFICATE OF APPRECIATION/CITY COUNCIL wrs Mayor Henry C. Gonzalez called a Regular City Council meeting to order at 6:40 p.m. Reverend Sean Pica, Redeemer Lutheran Church led the Invocation. Jean Reed, former Civil Service Commissioner led the Pledge of Allegiance. Mayor Henry C. Gonzalez, Vice Mayor Jorge Morales, Council Member Maria Davila, Council Member Bill De Witt and Council Member Gil Hurtado; City Treasurer Maria Belen Bernal, City Manager Michael Had, City Attorney Raul F. Salinas Carmen Avalos, City Clerk The City Council unanimously presented a Certificate of Appreciation to Jean Reed for her 11 years of dedicated service on the Civil Service Commission as Council Member Maria Davila s appointee; a. Council Member Davila made no appointments to the Civil Service Commission at this time; b. Council Member W.H. (Bill) De Witt unanimously appointed Jesus Miranda to the Citizens Advisory Committee to fill a vacancy and seconded by Vice Mayor Morales. 2 MUNICIPAL CODE ADMINISTRATION The City Council conducted a Public Hearing and unanimously introduced Ordinance No entitled An Ordinance of the City Council of the City of South Gate adding Section (Emergency Shelters) to Chapter (Uses-General Provisions, Conditions and Exceptions of Title 11 (Zoning) of the South Gate Municipal Code pertaining to Emergency Shelters, by motion of Council Member Hurtado. Mayor Gonzalez opened the public hearing and asked City Manager to give an overview of item 2. Mike Had, City Manager stated that this item has been before Council a few times. Several years ago the state legislatures passed Senate Bill No. 2 which was an attempt by the state legislature to resolve a homeless issue in California. In Los Angeles

2 2 MUNICIPAL CODE ADMIN CONT D County are 65,000 homeless people. Senate Bill 2 requires each city in California to designate land that by right can be built as homeless shelters. The homeless need for the City of South Gate (as determined by the formula provided by the state) is 165 people. Council in previous meetings has giving direction. If any further questions Mr. Lefever and his staff are happy to answer. Mayor Gonzalez asked Mr. Lefever for any response. Steve Lefever, Director of Community Development stated Council asked for light industrial. Staff presented the information which was discussed in great detail. A decision must be provided to the State of California by January 23tc1. item. Virginia Johnson, 5751 McKinley Avenue asked if there is a timeline by when this must be done. Natasha Reyes represents Public Counsel 610 S. Ardmore Avenue, Los Angeles reiterated Mr. Had and Mr. Lefever s comments. Having no one else come forward, Mayor Gonzalez closed the audience Mayor Gonzalez asked Mr. Had to respond. Mr. Had stated that the mandate was just for the possibility it could be built. The City doesn t have to build the shelters. Mayor Gonzalez stated having no problems with the mandates of the state law. His only concern was that the light area is the general motors site. Vice Mayor Morales asked Mr. Lefever to talk about the public meetings and public outreach that was done? Mr. Lefever stated that initially this matter went before the Planning Commission and they had one or two meetings on this particular issue. They then forwarded their recommendation to the City Council who in turned asked staff to send out notices to everyone within the area outside the boundary of the area within 300 feet. There was no testimony from anyone and Council decided to look at a different area within the City. Staff held a public workshop. There have been a total of five public meetings on this issue. Mayor Gonzalez asked if the City received any letters of protest or in favor. Mr. Lefever stated the City did not receive any correspondence from anyone. Page 2 of 12

3 2 MUNICIPAL CODE AiMIN CONT D Council Member De Witt stated that the City of South Gate has for many years supported financially the Salvation Army Homeless Shelter in the City of Bell. Steve Lefever, Director of Community Development stated that at the request of the City Manager as part of our Christmas efforts in city hail there was a large clothing drive for the Bell Shelter. Council Member Gonzalez once again asked if anyone from the audience wishes to speak on this item. Virginia Johnson understands the City notified 300 feet of surrounding neighborhood, residents and businesses of the area picked. The City is now talking about six different areas. Will the City inform those residents too? Mr. Lefever stated everyone affected by this decision have been notified. Having no one else come forward, Mayor Gonzalez closed the audience Council Member Hurtado stated that a new homeless count will be taken place in January COMMENTS FROM THE AIJDIENCE Sam Quinones former L.A. Times reporter wrote a book called Antonio s gun and Delfino s dream in which the City of South Gate is also mentioned. Linda Parsonson, 5780 Main Street attended the Steering Committee meeting on Wednesday and not many people attended. She hopes more people will attend the next meeting. Jesus Miranda, 8466 San Vincente Avenue is concerned for the safety of the CSO s working on Atlantic Avenue across from the azalea shopping center. He s asking for status on the signal lights. Virginia Johnson, 5751 McKinley Avenue had no idea there was a Steering Committee meeting in her eastside district area. Ms. Johnson thanked the City and City Staff for being considerate to the community and allowing the flexibility South Gate has been known for in the past twelve years. Ms. Johnson mentioned the 1st Annual Hollydale Dog Park Holliday decoration event this Saturday, November 13 th at 10:00 a.m. She mentioned that the Friends of the Dog Park committee have not been formalized probably until January or February. Page 3 of 12

4 COMMENTS FROM THE AUDIENCE CONT D Juliano Harquin, McNerney Avenue spoke about a health initiative in the community. He mentioned the 2 Annual South Gate Jingle Jog taking place this Sunday. Victor Zamudio, 9311 State Street thanked City Council, Chief of Police, Director of Public Works and Director of Parks & Recreation for their support in the organization of the 2nd Annual South Gate Jingle Jog taking place this Sunday at 8:00 a.m. Jose Zavala mentioned he created an athletic foundation that has been around since He too thanked everyone for allowing them to do something special in the City. Nick Godoy, 8611 San Gabriel Avenue brought a letter he received from the school police regarding vendors. He was rear-ended about three weeks ago near the high school. There s a sign that states right turn only, but cars keep making a left turn. He s been leaving messages for the principal and vice principal. Mayor Gonzalez asked Staff to respond on the issue near the railroad tracks and the azalea shopping center. Mike Flad, City Manager stated he and the Chief will make sure the CSO s are acting in accordance with the training they have received and in a safe manner. The reason there s employees on Atlantic Avenue instead of the signal working is because the signal is waiting on improvements that the railroad company has to put in place. Mike Had, City Manager stated that Hollydale and Tweedy Mile areas are going through a planning process called a Specific Plan. Consultants have been hired to get input from the community and businesses. Mr. Had will make sure Staff follows up with the Arroyo Group so no one has the perception that there s a pre-conceived notion. The Public Works Department are working on improving traffic at the intersections of Garfield and Firestone, Atlantic and Firestone and improve all the capacity on Firestone. The City will also follow-up on the vendors after school which is an on-going issue and on the right-hand turn which was brought up by Mr. Godoy. REPORTS AND COMMENTS FROM crrv FFICIAL Arturo Cervantes, Director of Public Works announced two roadway closures due to two events. The first one is in connection with the Tweedy Mile Association 7th Annual Cultural Event taking place tomorrow night. The second roadway closure will take place on Sunday in connection with the Christmas parade and the Jingle Jog. Page 4 of 12

5 REPORTS AND COMMENTS FROM CITY OFFICIALS C0N r D Paul Adams, Director of Parks and Recreation mentioned Breakfast with Santa this Saturday at 10:00 a.m. and a toy give away after the parade. The Sports Center was closed for a couple of days because the roof was leaking due to the rain. Steve Lefever, Director of Community Development mentioned being notified by Katelas Development that they will begin preparation for the grating on the former Gonzales Chrysler site next week. Misty Chang, Interim Director of Finance nothing to report. Randy Davis, Chief of Police thanked everyone for a successful Pageant of the Trees this past Saturday at the park. Mike Flad, City Manager nothing to report. Raul F. Salinas, City Attorney stated that before the meeting adjourns tonight; three items need to be walked-on the agenda for closed session. He and his son will be participating in the Jingle Jog. Maria Belen Bernal, City Treasurer will also be participating in the Jingle Jog. Carmen Avalos, City Clerk will also be participating in the Jingle Jog. Randy Davis, Chief of Police mentioned Council Member Hurtado received the Life Time Achievement Award from the Youth Commission for his dedication to the youth services. Council Member Davila asked that this meeting be adjourned in Memory of Aurora Chavez a long time South Gate resident. Council Member Hurtado mentioned that during the Black Friday event at the azalea shopping center a CSO was trying to direct traffic and a gentleman was not obeying the directions. The CEO did a fantastic job of trying to explain the situation. Council Member Hurtado asked the Chief to please inform the CEO that he did a fantastic job. Council Member De Witt reported being in DC during Thanksgiving and participated in the Turkey Trot (which is also a 5-k). He mentioned the Bill Clinton Presidential Library in Little Rock, Arkansas and Douglas MacArthur. Vice Mayor Morales mentioned his wife had their baby, Jorge Santiago Morales, 9 1/2 pounds, 21 inches and born November at 2:34 p.m. th 20 Page 5 of 12

6 employees; and REGULAR CITY COUNCIL MEETING MINUTES OF DECEMBER 9, 2014 REPORTS AND COMMENTS FROM CITY OFFICIALS con r D Mayor Gonzalez mentioned a longtime good friend (Robert Flores) and South Gate resident passed away. He also mentioned that his wife s sister (Sarah Gomez) was buried on Saturday. He asked that the meeting be adjourned in Memory of Robert Flores and Sarah Gomez. Last Thursday Mayor Gonzalez and Theresa were presented with a great great grandson. wished to remove or pull an item from the Consent Calendar. There was CONSENT CALENDAR Mayor Gonzalez asked if any member of the City Council or the public no request from the public remove any items on the consent calendar. Staff requested to pull item 5 and Council requested to pull items 7 and 8. Agenda Items 3, 4, 9, 10 and 11 were unanimously approved during Consent Calendar by motion of Council Member Hurtado and seconded by Council Member Davila. 3 PERSONNEL ADMIN The City Council unanimously 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) creating the Police Custodian of Records position and job specification in the Police Department, and updating the hourly salary pay table, during consideration of the Consent Calendar. 4 PERSONNEL ADMIN The City Council unanimously 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) amending the job specification for the Water Lead Worker position, during consideration of the Consent Calendar. PERSONNEL BENEFITS/ RETifiEMENT ADMIN The City Council unanimously removed item 5 from the agenda by motion of Mayor Gonzalez and seconded by Council Member Hurtado. a. Approving Trust Agreement with Metropolitan Life Insurance c. Authorizing the current City s Plan Administrator to execute the Agreements in a form acceptable to the City Attorney. Page 6 of 12 Company to provide a 457(b) Deferred Compensation Plan for b. Approving the Agreement with MetLife for the restated 457(b) Deferred Compensation Plan; and

7 REGULAR CITY COUNCIL MEETING MiNUTES OF DECEMBER 9, PERSON1EL BENEF1TS/ RETIREMENT ADMIN CONT D Mike Had, City Manager stated that Met Life requested this item be pulled due to some corrects that need to be done. item. Seeing no one step forward; Mayor Gonzalez closed the audience 6 This Item was removed from the Agenda. 7 COMMUNICATIONS MEDIA/SYSTEMS The City Council unanimously continued Amendment No. 1 to Contract No with Time Warner NY Cable, LLC extending the Cable System Franchise Agreement to June 30, 2015 to the Regular City Council meeting of January 13, 2015, by motion of Council Member Davila and Council Member Hurtado. item. Seeing no one step forward; Mayor Gonzalez closed the audience 8 COMMIJNICATIONS MEDIAJSYSTEMS The City Council unanimously continued item 8 by motion of Vice Mayor Morales and seconded by Council Member Davila. a. Approving Amendment No. ito Contract No with Nextel Communications extending the term for an additional 25 years for a final expiration date of June 30, 2061, for additional installation and operation of cell tower antennas on City owned land located at South Gate Park; b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney; c. Directing staff to allocate proceeds from the lease and associated co location lease to the Park Enhancement Fund to be used for extraordinary maintenance needs and future park improvements at City parks; and d. Appointing the Director of Parks & Recreation as the City Agent to act on behalf of the City in matters required for the successful execution of Amendment No. 1. Page 7 of 12

8 8 COMMUNICATIONS MEDIA/SYSTEMS corrr D Mayor Gonzalez stated that upon reading the Staff Report he noted a discrepancy in what is being requested. The report states that the request is to extend five five-year extensions making it twenty-five- years. The report states that on October 2004 the Planning Commission had passed the recommendation for the cell company to place a cell tower at the park. Then on December 14, 2004 it was approved by the City Council. At the bottom of the report states a max of thirty-years. He reviewed the contract which was signed on August 2005 by then Mayor Greg Martinez and it doesn t state anything about thirty-years. The report states the contract expires in Mayor Gonzalez stated that Nextel pays $2,000 a month and then every month 3%. He then reviewed AT&T and they pay $2,200 a month and every month 4%. He has asked City Manager to review this item. Mike Had, City Manager stated having a conversation with Mayor Gonzalez this afternoon and its Staff s recommendation to continue this item and provide additional information to Council. Council Member De Witt stated having an interest in cell towers outside of the City with other companies and not with these two companies. 9 PARKS The City Council unanimously received and filed the Annual Update Report on the implementation of the Parks & Recreation Master Plan, during consideration of the Consent Calendar. 10 WARRANTS The City Council unanimously authorized the City Council Auditor to review and approve the second warrant register of December 22, 2014, in lieu of not having a City Council meeting, during consideration of the Consent Calendar. 11 MINUTES The City Council unanimously approved the Special Meeting minutes of November 10, 2014, during consideration of the Consent Calendar. Li Page 8 of 12

9 12 PURCHASING SERVICES The City Council considered: a. Authorizing the purchase of one Hybrid Flat Bed Truck from Carmenita Truck Center in the net amount of $66,173, to be paid for with Water Funds (Option A), replacing an older model truck for the City s Water Division; OR b. Authorizing staff to secure bids and to purchase one American-made Diesel Flat Bed Truck within an $80,000 dollar budget that is funded with Water Funds (Option B), replacing an older model truck for the City s Water Division; and c. Authorizing the Director of Public Works to execute any document on behalf of the City as required for the purchase of the selected Flat Bed Truck. Mayor Gonzalez asked City Manager to give an overview of item 12. City Manager stated that prior City Council direction on this item came before Council as a purchase of a hybrid truck for the water department. The truck being proposed by Staff was a Hybrid Truck to take advantage of a grant from the Air Quality Management District. Council took exception to the fact that there were no trucks of this type manufactured within the United States and priority direction was given for Staff to return with options that would allow for the purchase of a vehicle within the United States. What Staff has before Council is two options. item. Seeing no one step forward; Mayor Gonzalez closed the audience Mayor Gonzalez stated getting a hold of Jerry Feldman at Ford and also calling Chrysler in Detroit if they have any American made Hybrid Trucks. He was informed that this type of vehicle is not in demand because the gas prices are low. Council Member De Witt asked if these hybrid engines could become popular in the coming year. The City Council unanimously approved item 12(b) by motion of Vice Mayor Morales and seconded by Council Member De Witt Page 9 of 12

10 12 PURCHASING SERVICES CONT D a. Authorizing the purchase of one Hybrid Flat Bed Truck from c. Authorizing the Director of Public Works to execute any document on Truck. Hurtado, yes. case involving recovery of monies to the City of South Gate. Also, on a walk-on item are two matters of threaten litigation which have not been the subject of any filed claim yet but became apparent to the City Attorney s Office today after the posting of the agenda. Some actions need Page 10 of 12 Carmenita Truck Center in the net amount of $66,173, to be paid for with Water Funds (Option A), replacing an older model truck for the City s Water Division; OR b. Authorizing staff to secure bids and to purchase one American-made Diesel Flat Bed Truck within an $80,000 dollar budget that is funded with Water Funds (Option B), replacing an older model truck for the City s Water Division; and behalf of the City as required for the purchase of the selected Flat Bed ROLL CALL: Mayor Gonzalez, yes; Vice Mayor Morales, yes; Council Member De Witt, yes; Council Member Davila, yes; Council Member 13 WARRANTS AND CANCELLATIONS The City Council unanimously approved the Warrants and Cancellations for December 9, 2014, by motion of Council Member De Witt and seconded by Council Member Hurtado. Total of Checks: $2,752, Voids $ (3,308.28) Total of Payroll Deductions: $ (426,368.96) Grand Total: $2,323, Cancellations: 56362, 56794, 56823, item. Seeing no one step forward; Mayor Gonzalez closed the audience WALK-ON ITEMS Raul F. Salinas, City Attorney stated that three items need to be walkedon. One item involves Pending Litigation in matters entitled City of South Gate vs. DWR Construction. The City is required to take action on a proposed settlement and after conferring with City Manager it was determined that the matter needs to be brought before the City Council because the settlement has a deadline associated that cannot be held opened until the City Council meets again in January. This would be a

11 WALK-ON ITEMS CONT D to be taken and guidance given which cannot wait until the City Council meets again in January. Based on the representation to Council; Staff is asking Council to vote to walk-on the items and then allow the public an opportunity to consider the motion. Council Member De Witt motioned to walk-on these items for Councils consideration and seconded by Vice Mayor Morales. item. Seeing no one step forward; Mayor Gonzalez closed the audience ROLL CALL: Mayor Gonzalez, yes; Vice Mayor Morales, yes; Council Member De Witt, yes; Council Member Hurtado, yes; Council Member Davila, yes. The Council Members recessed into Closed Session at 9:41 p.m. and reconvened at 11:07 p.m. with all members of Council present. City Attorney Salinas reported the following: CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION City of South Gate vs. DWR Construction The City Council received a settlement proposal that the construction company defended had made in favor of the City. On a motion made by Council Member Hurtado and seconded by Council Member De Witt and on a vote of 5-0, City Council authorized the City Manager to accept a proposed settlement of this matter which would yield monies on a subrogation claim being paid to the City. The precise dollar amount of that shall be disclosed once an agreement has been executed between all parties. CONFERENCE WITH LEGAL COUNSEL - THREATENED LITIGATION Two (2) - Potential Cases The City Council discussed these two matters in closed session after a presentation. At the conclusion of the presentation there was no action taken. item. Seeing no one step forward; Mayor Gonzalez closed the audience Page 11 of 12

12 njouiir Mayor Gonzalez unanimously adjourned the meeting in Memory of Aurora Chavez & Robert Flores long time South Gate residents and Sarah Gomez, sister-in-law of Mayor Gonzalez at 11:08 p.m. and seconded by Council Member Hurtado. PASSED and APPROVED this 27 th day of January, ATfEST: Henry C. Gonzez, Mayor Carmen Avalos, City Cler Page 12 of 12