MINUTES. September 11, :30 P.M.

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1 MINUTES CUDAHY CITY COUNCIL REGUAR MEETING and CITY OF CUDAHY AS SUCCESSOR AGENCY and HOUSING SUCCESSOR AGENCYTO THE CUDAHY DEVELOPMENT COMMISSION AND CONCURRENT SPECIAL JOINT MEETING September 11, :30 P.M. 1. CALL TO ORDER Mayor/Chair Member Garcia called the meeting to order at 6:34 p.m. 2. ROLL CALL PRESENT: ALSO PRESENT: Council/Agency Member Guerrero Council/ Agency Member Markovich Vice Mayor/Vice Chair Hernandez Mayor/Chair Garcia Council/Agency Member Sanchez City Manager Jose E. Pulido, City Attorney Thomas Madruga, City Attorney Dave Gondek, Deputy City Clerk Richard Iglesias, Human Resources Manager, Jennifer Hernandez, and Finance Director Steven Dobrenen 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by the Kenneth L. Worley Young Marines (Color Guard). MAYOR GARCIA MOVED SECTION 6 TO THE BACK OF THE AGENDA, AND MOVED 12A AFTER PUBLIC COMMENTS WITH NO OPPOSITION 4. PRESENTATIONS A. Rules of decorum presented by Mayor Chris Garcia, and East Los Angeles County Sheriff s Department Mayor Chris Garcia and Sergeant Bearse presented the rules of decorum. B. LCpl Kenneth L. Worley Young Marines (Color Guard) Members of the color guard spoke about the importance of the organization as well as how it has positively impacted their lives. C. Presentation from aipod: The ultra-safe autonomous public transportation system. Peter Adaline, presented a potential partnership between the City and aipod in regards to autonomous public transportation system City Council/Successor Agency Minutes of 9/11/17 Page 1 of 9

2 5. PUBLIC COMMENTS William Tejada, spoke against item 12A. He went further to highlight the negative effects cannabis can have on the community. Alan Garcia, spoke in favor of item 12A. Maria Camacho, spoke in favor of item 12A. She went further to highlight the positive health effects cannabis can have to people suffering terminal diseases. Maria Hernandez, spoke in regards to 12A as well as the negative consequences the drug has brought to her family. Michelle Gessner, spoke in regards to the Council s decision to close Lugo Park gym. She asked the Council to reconsider closing the gym, and instead change operation hours as a compromise. Hector Jimenez, spoke in favor of item 12A. He argued that proposition 64 allows residents to cultivate cannabis. Arthur Schaper, urged residents to sign the initiative to repeal the Utility Users tax. Joseph Turner, spoke against Mayor Garcia for allegedly not holding the same rules of decorum to all residents. He also spoke against the Council s alleged poor attendance record. Margarita Medina, spoke against item 12A. She spoke against Mayor Garcia for allegedly falling back on his promise to help the youth. Nativo Lopez, spoke in favor of item 12A. He reminded residents that cities are required to create local ordinances to regulate cannabis use in the City. Jack Guerrero, denounced the Council for scheduling alleged last minute special meetings. He went on to speak against the Council for allegedly hiding their cannabis agenda in numerous ad hoc and commission meetings. He concluded his comments by condemning the council for alleged financial mismanagement and contracts that favor certain vendors. Silvia Merlos, spoke against an alleged anti-immigration group. She also asked residents to think rationally and consider the economic benefits the cannabis industry may have on the City before making a decision. Manuel V., spoke against item 12A. Georgina Jimenez, spoke against item 12A. She urged the Council for act as role models to the youth and vote against item 12A. Javier Flores, spoke against item 12A. He urged the Council to consider the youth in the community before making a decision in regards to item 12A. Carmen Hernandez, spoke in regards to Mayor Garcia and item 12A. Oscar Ruiz, commented about the potential tax revenues item 12A can bring to the City. Pamela Munguia, spoke against item 12A. She argued that the City is not prepared to host the cannabis industry. She also went on to speak against Mayor Garcia. City Council/Successor Agency Minutes of 9/11/17 Page 2 of 9

3 Crystal Keshawarz, spoke against an alleged anti-immigrant group. She asked residents to not sign any tax repeal initiative. Corina Castellano, spoke against item 12A. She also criticized the council s alleged petition methods. She went on to emphasize the negative effects cannabis has on the community. Cecilia Barajas, reminded the Council they were voted by the people to represent their interests, including not voting for the cannabis ordinance. She asked to look for alternative sources of revenue. America Ayala, spoke against item 12A. Felix Reyes, spoke against item 12A. He spoke against the City s high park reservation fees, deterioration of parks, and lack of park supervision. Patricia Covarrubias, showed City Council and members of the public signatures collected against item 12A. She also spoke against council s alleged suppression tactics during Council meetings. Patricia, spoke against item 12A. She expressed her concerns in regards to cannabis exposure in schools. She also spoke against Mayor Chris Garcia. Wilfredo M. Galdamaz, spoke against item 12A. He urged the Council to think about the youth before voting on the cannabis ordinance. He concluded by asking the Council to look for better alternative sources of revenue. Edin Enamorado, spoke in favor of item 12A. He clarified that the ordinance will not open up dispensaries, as well as the low severity of the drug compared to other legal drugs. He concluded his comments by emphasizing the economic impacts cannabis industry can bring to the City. Valentin Mezquita, spoke against item 12A. He went on to emphasize the negative impacts cannabis will have to the community. Alicia Caillas, spoke in favor of item 12A. She concluded her comments by providing City Council signed petitions in favor of Council s initiative to approve Ordinance No SIGNED PETITIONS WERE THEN AFTER TURNED IN BY A MEMBER OF THE PUBLIC AGAISNT ORDINANCE NO. 673 Jonathan Klein, asked the economic importance of regulating the cannabis industry. He clarified that there are no moral questions to the issue; rather it is important to analyze the economic benefits the industry can bring to the community. Silvia Rico, thanked Council Member Guerrero for his respectful demeanor. She spoke in favor of item 12A by highlighting the economic benefits the ordinance will bring to the community. Myra Casillas, spoke in favor of item 12A. She mentioned the economic opportunities the community can benefit with the ordinance. Mayor Garcia went over petitions that were submitted, and reopened public comment for a member of the public. City Council/Successor Agency Minutes of 9/11/17 Page 3 of 9

4 MAYOR GARCIA WENT OVER PETITIONS THAT WERE SUBMITTED, AND REOPENED PUBLIC COMMENT FOR A MEMBER OF THE PUBLIC Carmen Beltran, spoke in regards to individuals asking to sign a petition in favor of Council s initiative to approve Ordinance No. 673 were allegedly misleading the signer. ITEM 12A WAS MOVED AFTER PUBLIC COMMENT PERIOD 6. CITY COUNCIL COMMENTS NONE ITEM 6 WAS MOVED TO THE BACK OF THE AGENDA 7. CITY MANAGER REPORT (information only) 8. REPORTS REGARDING AD HOC, ADVISORY, STANDING OR OTHER COMMITTEE MEETINGS - NONE 9. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Recommendation: Approve the Waiver of Full Reading of Resolutions and Ordinances. Motion: It was moved by Council Member Markovich, and seconded by Vice Mayor Hernandez to waive full text reading of all Resolutions and Ordinances by single motion. 10. CONSENT CALENDAR (Items 10A through 10E) A. Approval of the City Demands and Payroll Including Cash and Investment Report for the Month of July 2017 Presented by the Financial Director The City Council is requested to approve the Demands and Payroll in the amount of $1,670, including Cash and Investment Report by Fund for the month of July to approve the Demands and Payroll in the amount of $1,670, including Cash and Investment Report by Fund for the month of July The motion carried (3-0-2) by the following roll call vote. B. Approval of the Local Agency Investment Fund (LAIF) for the Month of July 2017 Presented by the Finance Director The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of July 2017 in the amount of $5,287, to approve the Local Agency Investment Fund (LAIF) Report for the month of July 2017 in the amount of $5,287, The motion carried (3-0-2) by the following roll call vote. City Council/Successor Agency Minutes of 9/11/17 Page 4 of 9

5 C. Consideration to Approve a First Amendment to the County of Los Angeles Community Development Block Grant (CDBG) Program Cooperation Agreement for Presented by Human Resources Specialist The City Council is requested to consider and approve a First Amendment to the County of Los Angeles Community Development Block Grant Program Cooperation Agreement for Fiscal Year (FY) to consider and approve a First Amendment to the County of Los Angeles Community Development Block Grant Program Cooperation Agreement for Fiscal Year (FY) The motion carried (3-0-2) by the following roll call vote. D. Consideration to Approve a Second Amendment to the Legal Services Agreement (PSA) with Liebert Cassidy Whitmore (LCW) for Employment Matters Presented by Human Resources Manager The City Council is requested to approve a Second Amendment to the Legal Services Agreement with Liebert Cassidy Whitmore (LCW) for employment related matters. to approve a Second Amendment to the Legal Services Agreement with Liebert Cassidy Whitmore (LCW) for employment related matters. The motion carried (3-0-2) by the following roll call vote. E. Consideration to Review and Approve the Draft Minutes of August 14, 2017, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission Presented by Deputy City Clerk The City Council is requested to review and approve the City Council / Agency Draft minutes for August 14, to review and approve the City Council / Agency Draft minutes for August 14, The motion City Council/Successor Agency Minutes of 9/11/17 Page 5 of 9

6 carried (3-0-2) by the following roll call vote. 11. PUBLIC HEARING - NONE 12. BUSINESS SESSION ITEM 12A WAS APPROVED AFTER PUBLIC COMMENTS. A. Consideration of Second Reading of an Ordinance Amending Title 5 (Business Licenses and Regulations) and Title 20 (Zoning) of the Cudahy Municipal Code to Prohibit Cannabis Retailers/Dispensaries Citywide and to Establish Regulations and a Discretionary Review Process for the Allowance of Medicinal-Only Commercial Cannabis Activities (Cultivation, Distribution, Manufacturing, Deliveries, Microbusinesses, and Laboratory Testing) in a Specified Overlay Zone through a Development Agreement Presented by the City Attorney s Office It is recommended that the City Council of the City of Cudahy approve the attached ordinance for second reading by no fewer than three (3) affirmative votes, per Government Code Section 36936, and direct staff to prepare, for City Council review, the necessary forms, applications, processes, fees, and other documents necessary to effectuate the proposed ordinance. Motion: It was moved by Council Member Markovich, and seconded by Vice Mayor Hernandez to prohibit cannabis retailers/dispensaries citywide and to establish regulations and a discretionary review process for the allowance of medicinal-only commercial cannabis activities (cultivation, distribution, manufacturing, deliveries, microbusinesses, and laboratory testing) in a specified overlay zone through a development agreement. The motion carried (3-1-1) by the following roll call vote. Garcia, Markovich, Hernandez Guerrero Sanchez COUNCIL MEMBER GUERRERO LEFT THE MEETING AT 8:53 P.M. AFTER ITEM 12A ROLL CALL VOTE B. Approval of a Professional Services Agreement (PSA) with Human Services Association (HSA) to Provide a Case Manager for Senior Services for Fiscal Year (FY) Presented by City Manager The City Council is requested to approve a Professional Services Agreement (PSA) between the City and Human Services Association (HSA) to provide a part-time case manager for services to Cudahy senior citizens during Fiscal Year (FY) , with a not to exceed limit of $19,000. to approve a Professional Services Agreement (PSA) between the City and Human Services Association (HSA) to provide a part-time case manager for services to Cudahy senior citizens City Council/Successor Agency Minutes of 9/11/17 Page 6 of 9

7 during Fiscal Year (FY) , with a not to exceed limit of $19,000. The motion carried (3-0-2) by the following roll call vote. Garcia, Markovich, Hernandez Sanchez, Guerrero C. Adoption of a Proposed Resolution in Support of a Local Exide Community Plan Presented by Deputy City Clerk The City Council is requested to adopt a proposed Resolution in Support of a Local Exide Community Plan to adopt a proposed Resolution in Support of a Local Exide Community Plan. The motion carried (3-0-2) by the following roll call vote. Sanchez, Guerrero D. Consideration of Approval of City Council Economic Development Ad Hoc Committee Request to Approve a Fourth Amendment to the Agreement for City Attorney Services with Olivarez Madruga Lemieux O Neill, LLP To Facilitate the Engagement of Special Legal Counsel, Third Party Consultants and Investigators Through the City Attorney, Subject to Prior City Council Approval for Each Such Engagement Presented by City Attorney s Office It is recommended that the City Council approve a proposal of the Economic Development Ad Hoc Committee (i.e. Mayor Garcia, and Vice Mayor Hernandez) to authorize the Execution of a Fourth Amendment to the Agreement for City Attorney services with Olivarez Madruga Lemieux O Neill, LLP which will, among other things, authorize the engagement of special legal counsel, third party consultants and investigators through the Firm, subject to prior authorization of the City Manager or City Council, as appropriate, and subject to quarterly reporting. The Concurrent Special Meeting started after agenda item 12D. Item 12D was superseded by the two items (i.e., 5A and 5B) on the concurrent special meeting agenda. Council went on to item 12E after the conclusion of the concurrent special meeting agenda items. E. Consideration to Appoint Board Members to City Commissions Presented by Deputy City Clerk The City Council is requested to consider appointing Board Members to the following City Commissions: Parks and Recreation Commission; Public Safety Commission; Aging and Senior Citizens Commission; and Planning Commission. to consider appointing Board Members to the following City Commissions: Parks and Recreation Commission; Public Safety Commission; Aging and Senior Citizens Commission; and Planning City Council/Successor Agency Minutes of 9/11/17 Page 7 of 9

8 Commission. The motion carried (3-0-2) by the following roll call vote. Sanchez, Guerrero CONCURRENT SPECIAL MEETING AGENDA A CONCURRENT SPECIAL MEETING OF THE CUDAHY CITY COUNCIL and JOINT MEETING of the CITY OF CUDAHY AS SUCCESSOR AGENCY and HOUSING SUCCESSOR AGENCY TO THE CUDAHY DEVELOPMENT COMMISSION 5. BUSINESS SESSION Monday, September 11, :30 P.M. A. Consideration and Approval of a Professional Services Agreement with Macias Gini & O Connell LLP ( MGO ) to provide specialized, technical consulting services with respect to the City s efforts to develop, review, and implement regulations, policies and procedures for the regulation of certain cannabis-related activities in the City of Cudahy Presented by the City Manager/City Manager It is recommended that the City Council approve a negotiated professional services agreement with MGO pursuant to Section (A) of the Cudahy Municipal Code. to approve a negotiated professional services agreement with MGO pursuant to Section (A) of the Cudahy Municipal Code. The motion carried (3-0-2) by the following roll call vote., B. Consideration and Approval of an interim Professional Services Agreement with the Law Offices of Vincent E. Sarmiento ( Sarmiento ) to provide specialized legal services with respect to the City s efforts to develop, review, and implement regulations, policies, and procedures for the local regulation of certain cannabis-related activities in the City of Cudahy Presented by the City Manager/City Attorney It is recommended that the City Council approve a negotiated professional services agreement with Sarmiento pursuant to Section (A) of the Cudahy Municipal Code. to approve a negotiated professional services agreement with Sarmiento pursuant to Section (A) of the Cudahy Municipal Code. The motion carried (3-0-2) by the following roll call vote. City Council/Successor Agency Minutes of 9/11/17 Page 8 of 9

9 13. COUNCIL DISCUSSION Council Member Jack Guerrero i. Proposal to rescind Republic Services evergreen clause ii. Proposal to expand public comment to 3 minutes per speaker iii. Results of City s annual financial audit with questions and answers Mayor Garcia called for a motion to table Council Member Guerrero s Discussion items indefinitely. to table Council Member Guerrero s Discussion items indefinitely. 14. CLOSED SESSION - NONE 15. ADJOURNMENT The City Council / Agency meeting was adjourned at 9:34 p.m. Chris Garcia Mayor ATTEST: Richard Iglesias Deputy City Clerk City Council/Successor Agency Minutes of 9/11/17 Page 9 of 9