SAN GABRIEL CITY COUNCIL MINUTES OF AUGUST 21, 2012 The regular meeting of the San Gabriel City Council convened on at 7:30p.m. in the Council Chambers at City Hall, 425 South Mission Drive, San Gabriel, California 91776 1. CALL TO ORDER Call to Order 2. PLEDGE OF ALLEGIANCE Pledge of Allegiance 3. ATTENDANCE Attendance PRESENT: Mayor Sawkins, Vice Mayor De La Torre, Councilmembers Costanzo, Gutierrez, and Harrington; City Manager Preston, City Attorney Kress, and Acting Deputy City Clerk Eggehorn. 4. PRESENTATIONS Presentations Chief Nestor introduced Fire Engineer Brad Davis with Acting Deputy City Clerk Eggehorn administering the Oath of Office. Mayor Sawkins introduced the Centennial Luncheon Committee; Mary Ann Baldonado, Mary Garcia, and Virginia Mullen and presented each with a Certifícate of Recognition. 5. PUBLIC COMMENT: PURSUANT TO GOVERNMENT CODE SECTION 54954.3, THIS IS THE TIME PROVIDED FOR MEMBERS OF THE PUBLIC TO ADDRESS THE COUNCIL ON ITEMS OF INTEREST THAT ARE NOT ON THE AGENDA WITHIN THE SUBJECT MATTER JURISDICTION OF THE SAN GABRIEL CITY COUNCIL. Public Comment Mayor Sawkins read a statement that the lawsuit against individual Councilmembers and staff by the Police Officers Association concerning the use of retirement funds has been dismissed and now has ten days to file an answer to the complaint. The Mayor thanked the Los Angeles County Superior Court s decision. Douglas Richter, a resident of San Gabriel, suggested different parking permits for residents near San Gabriel High School during school days. City Manager Preston will set up meeting of appropriate staff evaluate the parking situation. 6. CONSENT CALENDAR: ALL ITEMS LISTED UNDER THE CONSENT CALENDAR ARE CONSIDERED ROUTINE AND ENACTED IN ONE MOTION UNLESS A MEMBER OF THE CITY COUNCIL OR AUDIENCE REQUESTS SEPARATE DISCUSSION Consent Calendar Councilmember Costanzo moved to approve the consent calendar as presented; seconded by Vice Mayor De La Torre and passed by a vote on the board of five yes. A. MINUTES OF REGULAR COUNCIL MEETING OF JULY 17, 2012 Minutes Approved The minutes are a record of the official actions taken at the last Council meeting. Recommended Action: Approval B. MATERIAL DEMANDS 92796 93166 INCLUSIVE $6,397,227.09 Material Demands Approved This is the presentation of the Register of Demands and Warrants for the payment of City expenditures. Recommended Action: Approval
C. REQUEST FOR TEMPORARY STREET CLOSURE The City Clerk s Office received a request on July 18, 2012 from Ray Abeyta for a temporary street closure. The purpose of his event is to hold a block party on the Saturday, September 1, 2012 on the 300 block of Bridge and Sycamore from 3:30 p.m. to 8:30 p.m. Request for Street Closure Approved Recommended Action: That the City Council approve the request subject to the following conditions: 1. A minimum width of 20 feet of one side of the street shall remain unobstructed for access by public safety vehicles. 2. Fire hydrants shall remain unobstructed at all times. 3. There shall be no consumption of alcohol within the public right-of-way. 4. There shall be no fireworks or other pyrotechnic displays. 5. A resident shall be identified as the responsible party for all contacts by City agencies and for installing and removing the street barricades. 6. Parties are subject to disturbing the peace laws. 7. The street closure shall only be between the hours as indicated on the request form. D. TAXICAB PERMIT APPLICATION FOR CARLOS DINO CRESPO GARRIDO Taxicab permit Approved The City has received a request from Carlos Dino Crespo Garrido of Union Jr. Yellow Cab Co., for a permit to operate two taxicabs in San Gabriel. San Gabriel Municipal Code (SGMC) Section 119.02 requires City Council approval to issue such a permit. The applicant has submitted the required documentation pertaining to the vehicles and drivers. Further, Mr. Carlos Garrido has submitted a Business License Application along with the necessary insurance documentation to the Finance Department. Recommended Action: That the City Council approve the request submitted on behalf of Union Jr. Yellow Cab Co., and grant permission to operate a taxicab service in the City of San Gabriel subject to the condition that all provisions of San Gabriel Municipal Code, Chapter 119 are met. E. 2012-13 FISCAL YEAR RETIREMENT TAX RATE The City s retirement costs are funded by a special property tax levy authorized by the voters in 1948. The special property tax levy approved by the voters requires the City Council to annually establish a tax rate sufficient to meet the City s obligations to the retirement system. No change in the tax rate is recommended for the 2012-13 fiscal year and the City Council is asked to confirm the current rate and fix the amount of property taxes to be generated by adopted two Resolutions. 2012-2013 FY Retirement Tax Rate Approved Recommended Action: That the City Council adopt the Resolutions fixing the amount of property taxes to be generated for the City s employee retirement cost for the 2012-13 fiscal year and setting the tax rate at 14 cents per $100 assessed valuation. 2
F. USE OF USAR TRAINING PROPS AT ALHAMBRA TRAINING SITE The City of Alhambra has developed a Hold Harmless and Indemnification Agreement Relating to Use of the City of Alhambra s Urban Search and Rescue Training Props. There is no fiscal impact associated with this agreement. Use of USAR Training Props at Alhambra Training Site Approved Recommended Action: That the City Council authorize the Mayor to sign the Hold Harmless and Indemnification Agreement to Use the City of Alhambra s Urban Search and Rescue Training Props. G. CITY OF SAN GABRIEL S ROLE IN THE LOS POBLADORES WALK TO LOS ANGELES The reenactment of Los Pobladores Historic Walk to Los Angeles has been a collaborative event commencing in San Gabriel and culminating at the City of Los Angeles Olvera Street El Pueblo Historic Monument. San Gabriel s role in Los Pobladores-Walk to Los Angeles based on pending donation approved. The 2012 event is scheduled to take place on Saturday, September 1. Once again the City of Los Angeles is unable to support this year s event. As such and to ensure the safety of all participants, staff proposes following the procedures that we instituted last year. Additionally, staff recommends that the City of San Gabriel move forward with participation in the event only if the $5,000 donation from Supervisor Antonovich is secured. Recommended Action: 1. If the request to Supervisor Antonovich for a $5,000 donation is granted, host the 2012 Walk to Los Angeles activities on Saturday, September 1. 2. If the donation is not received, staff recommends that the cityorganized event not be held. H. 2009 SUBRECIPIENT STATE HOMELAND SECURITY GRANT PROGRAM (SHSGP) AUTOMATED LICENSE PLATE RECOGNITION SYSTEMS 2009 SHSGP Automated License Plate Recognition Systems Approved. The San Gabriel Police Department requests City Council authorization for the purchase of (3) Automated License Plate Recognition (ALPR) Systems for deployment in the Police Department s patrol vehicles. Funding under the 2009 Subrecipient State Homeland Security Grant Program (SHSGP) became available for this project and must be completed by September 30, 2012. Recommended Action: That the City Council waive compliance with the purchasing policies and authorize the Chief of Police to use the 2009 Subrecipient State Homeland Security Grant Program award of $61,779.38 to purchase (3) ALPR systems from PIPS Technology. 3
7. ANIMAL CARE AND CONTROL SERVICES AGREEMENT At the June 5, 2012 City Council meeting, the Council rejected to contract with Pasadena Humane Society and directed staff to perform a detailed Request for Proposal (RFP) process for animal care and control services. The Council approved an interim 60 day agreement with the existing provider, San Gabriel Valley Humane Society, and to allow staff sufficient time to complete the RFP process and evaluate proposals submitted to the City. Animal Care and Control Services Agreement with San Gabriel Valley Humane Society Approved. Recommended Action: That the City Council approve a 22 month agreement with the Pasadena Humane Society for Animal Care and Control Contract Services in the amount not to exceed $13,239.34 per month. Finance Director Marston presented the staff report. Mayor Sawkins directed Council into discussion. Finance Director Marston fielded questions from Councilmember Harrington concerning Item #29 of the Pasadena Humane Society agreement from the staff report. Mayor Sawkins asked Elizabeth Campos, a representative of Pasadena Humane Society to speak. Following a statement by the Mayor, several speakers addressed the Council regarding the Animal Care and Control Services Agreement between the City and the San Gabriel Valley Humane Society. Those speaking were: Pat Brayer, President, San Gabriel Valley Humane Society C.C. DeGraff Chris Valles Linda Josephian Lynne Collmann Craig B. Mahaghegl Cindy Rigney Emanuel Cabrales Sandra Bronson Frank Bossung Cynthia Juvinall Carla Olivares John Liu Thomas J. McCaffrey Barbara Spelbring Angie Cain Angela Trinh Nancy Baisch Jo Beckwith Doreen Hudson Fiona Chin Peg Bradley Councilmember Gutierrez moved to reject the recommended action and authorize the City Manager to enter into an agreement with San Gabriel Valley Humane Society for a 22- month agreement for Animal Care and Control Services; seconded by Vice Mayor De La Torre and passed by a vote on the board of four yes and one no vote by Councilmember Costanzo. At 10:20 p.m., Mayor Sawkins recessed the meeting for five minutes. 4
At 10:25 p.m., the Council meeting resumed. 8. COMPLETION OF VINCENT LUGO PARK SITE IMPROVEMENTS PROJECT PHASE 1 The construction of Vincent Lugo Park Site Improvements Project Phase 1 is complete. This project is the first of three phases of improvements to be completed as part of the 2007 Vincent Lugo Park Master Plan. This project was made possible through various grants and funding sources including: San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, state bonds and grants, county grants and city development impact fees. Completion of Vincent Lugo Park Site Improvements Project Phase 1 Approved. Recommended Action: That the City Council: 1. Authorize the expenditure of $70,267.09 from Park Development Impact Fund (Acct. No. 122-850-40-97-561) to cover the project overage and installation of the decorative fence along the Alhambra Wash. 2. Ratify the Contract Closeout and Settlement Agreement with Simgel Co., Inc. (Attachment No. 1). 3. Accept the project as complete and authorize the issuance of the Notice of Completion (Attachment No. 2). Parks and Recreation Director Perez presented the staff report. Jason Welday, RKA Consultant representative, answered Council questions. Mary Garcia, resident, asked if a Gazebo will be installed in the park by next June. Councilmember Gutierrez moved to approve the recommended action; seconded by Councilmember Costanzo and passed on the board of five yes. 9. REPORT ON INITIATIVE PETITIONS PURSUANT TO ELECTIONS CODE 9212 Report recommended action refused by City Council The City has received two initiative petitions that have sufficient signatures to qualify for the March, 2013 General Municipal Election. At the July 17, 2012 City Council meeting, the Council requested a report, pursuant to Elections Code 9212 regarding the impacts of the initiative measures. This report documents significant adverse financial impacts to the City if the initiative measures were approved by the voters. Recommended Action: That the City Council direct the City Clerk to prepare the required documents to place the Utility User Tax Suspension and Retirement Tax Suspension initiatives on the City s next general municipal elections to be held on March 5, 2013. City Attorney Kress presented the staff report. Mayor Sawkins directed Council into discussion. Upon legal advice from City Attorney Kress, the City Council moved to reject the recommended action. Vice Mayor De La Torre moved and with Councilmember Costanzo seconded, that in light of significant legal and Constitutional flaws associated with these measures, that the San Gabriel City Council refuse to place those initiative matters on the ballot described in the staff report dated 8-21-12. Motion passed by a vote on the board of five yes. 5
10. CITY MANAGER ITEMS City Manager Items A. Assignment of Councilmember Harrington as Council Liaison to Organizational Performance Assessment Project. There being no objections, it was so ordered. 11. COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS Each Council Member may address the Council and public on matters of general information and/or concern. This is also the time for Council members to report on conferences and/or meetings they have attended. 12. SUCCESSOR AGENCY MATTERS: RESOLUTION NO. 12-23 APPROVING THIRD RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE FISCAL PERIOD FROM JANUARY 1 TO JUNE 30, 2013 INCLUDING SUCESSOR AGENCY ADMINISTRATIVE BUDGET Council comments and conference/meeting reports Successor Agency Matters Resolution No. 12-23-3 rd Recognized Obligation Payment Schedule Approved The City Council as governing body of the Successor Agency needs to fulfill requirements of legislation to unwind affairs of the dissolved San Gabriel Redevelopment Agency. AB 1484 added significant actions and accelerated deadlines provided for in ABx126. Failure by the Successor Agency to submit the adoption of the Third ROPS by September 1, 2012 results in severe penalties. The Department of Finance has five business days to review the ROPS and deem it effective. Recommended Action: That the City Council as Successor Agency adopt Resolution No. 12-23 approving the Third ROPS for the fiscal period from January 1 to June 30, 2013 including the Successor Agency administrative budget totaling $125,000. Economic Development Manager Scherr presented the staff report. Councilmember Gutierrez moved to approve the recommended action; seconded by Councilmember Costanzo and passed by a vote on the board of five yes. 13. ADJOURN COUNCIL MEETING IN MEMORY OF DIXIE MARIE GIERING At 11:04 p.m., moved to adjourn meeting as stated above. Adjourn in memory of Dixie Marie Giering SAN GABRIEL CITY COUNCIL Donna Eggehorn, Acting Deputy City Clerk Kevin B. Sawkins, Mayor 6