1 MINUTES
Regular Meeting of the
Gardena City Council
Tuesday, September 27, 2022
In order to minimize the spread of the COVID 19 virus, Governor Newsom has signed Assembly Bill 361. Please be advised that the Council Chambers are closed to the public and that some, or all, of the Gardena City Council Members may attend this meeting telephonically.
The Regular Meeting Notice and Agenda of the Gardena City Council of the City of Gardena, California, was called to order at 7:03 PM on Tuesday, June 14, 2022, Mayor Tasha Cerda presiding.
1. ROLL CALL
Present: Mayor Tasha Cerda; Mayor Pro Tem Paulette C. Francis; Council Member Mark E. Henderson; Council Member Rodney G. Tanaka; and Council Member Wanda Love; Other City Officials and Employees present: City Manager Clint Osorio; City Attorney Carmen Vasquez; and City Clerk Mina Semenza.
At 7:04 p.m., the City Council recessed into Closed Session via Microsoft Teams, with the following in attendance: Mayor Tasha Cerda; Mayor Pro Tem Paulette C. Francis; Council Member Mark E. Henderson; Council Member Rodney G. Tanaka; Council Member Wanda Love. Other City Officials and Employees present; City Manager Clint Osorio; and City Attorney Carmen Vasquez. Attorney James Oldendorph was in attendance for Item 2.A.
PUBLIC COMMENT ON CLOSED SESSION - None
2. CLOSED SESSION
2.A CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION Gov. Code Section 54956.9(d)(1)
Monica Sutton, et al. v. City of Gardena, et
al. L.A. Sup. Ct. Case No. 21STCV03544
2.B CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION Gov. Code Section 54956.9(d)(1)
David Zetino-Aragon; Robert Fernandez; Aquilez Rivas, et al. v. City of Gardena, et al.
L.A. Sup. Ct. Case No. 20STCVJ 8169
2.C CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9
(One [1] Matter)
2 Mayor Cerda reconvened the meeting to the Regular Open Session at 7:36 p.m., and the City Clerk noted the return of all Council Members, who were present at the meeting. When City Attorney Vasquez was asked if there wa s any reportable action from Closed Session, she stated that with regards to Item 2.A : Monica Sutton, et al. v. City of Gardena, L.A. Sup. Ct. Case No. 21STCV03544 – Council was provided with an update and staff was provided with direction. Item 2.B : David Zetino -Aragon; Robert Fernandez; Aquilez Rivas, v. City of Gardena, L.A. Sup. Ct. Case No. 20STCVJ 8169 – parties presently attended a mediation, this is a GTrans bus versus an auto accident, Council and parties reached a settlement: David Zetino- Aragon – settlement amount of $32,500; Robert Fernandez – settlement amount of $62,500; Aquilez Rivas – settlement amount of $20,000. Item 2.C:
Conference
with Legal Counsel Anticipated Litigation the Council was provided with an update, no further action to report.
3. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Paulette C. Francis led the Pledge of Allegiance
4. INVOCATION
Presented by Council Member Rodney G. Tanaka
5. PRESENTATIONS
5.A Los Angeles Community College District (LACCD) Presentation - Mayor Cerda announced that the presentation was tabled to an October meeting.
6. PROCLAMATIONS - None
7. APPOINTMENTS – No Appointments were made
Mayor Cerda asked that we take Item 12.A out of order.
Council Member Tanaka made the motion and Mayor Pro Tem Francis seconded it.
It was moved by Council Member Tanaka, seconded by Mayor Pro Tem Francis, and carried by the following roll call vote to Move Item 12.A Out of Order:
Ayes: Council Member Tanaka, Mayor Pro Tem Francis, Council Members Henderson and Love, and Mayor Cerda
Noes: None
Absent: None
3 12. DEPARTMENTAL ITEMS - COMMUNITY DEVELOPMENT
12.A PUBLIC HEARING: INTRODUCTION OF ORDINANCE NO. 1844 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDENA,
CALIFORNIA, AMENDING THE ZONING CODE TO PROHIBIT SHORT -TERM
RENTALS
ORDINANCE NO. 1844
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GARDENA, CALIFORNIA, AMENDING THE ZONING CODE TO
PROHIBIT SHORT-TERM RENTALS
City Manager Osorio presented the Staff Report.
Community Development Director, Greg Tsujiuchi gave a PowerPoint presentation. Assistant City Attorney, Lisa Kranitz and Senior Planner, Amanda Acuna were present and available for any questions.
Mayor Cerda opened the Public Hearing at 7:59 p.m. and asked if there were any comments from the public.
Public Speakers:
The following people came into the meeting and spoke in opposition of Ordinance No. 1844 : Masha, Vera Provetina asked if any dialogue was going to happen , Anatoly.Kidder; Yegor Kochetov ; Raymond Dennis ; Katherine Wrightsman; Marc P; Clara CT ; Alex Wrightsman; Kevin Davidson; Kathleen Tsai ; Victoria; Celina; Jordan; Brooke W; Stephanie M.
City Clerk Mina Semenza, noted for the record the 13 emails received regarding STRs and have been forwarded to the City Council.
There was no further comment, Mayor Cerda closed the Public Hearing at 9:16 p.m.
There was a discussion which included all members of the City Council, City Manager Osorio, City Attorney Vasquez, Assistant City Attorney Kranitz, and CDD Director Greg Tsujiuchi. Some of the issues discussed were: the financial impact, the impact to hotels in our City; that it seems like it’s more about profit; how we go about setting regulations since we are already allowing them in our city , how we would regulate the ban; notifying all the platforms that we do not allow them; Notice of Violations; when Rentalscape would will be providing us with the other data; that there are more than 57 STRs in our city; how STRs destroy s the be auty and significance of being a small town; if we were to put a cap on the number of STRs ; STRs are a threat to the city; how much would it cost to get a Code Enforcement officer to regulate the number of complaints; and how all of these STR’s landlords could still go back to long term rentals.
4 Director Tsujiuch i, Assistant City Attorney Kranitz and City Attorney Vasquez answered all of Council’s questions and explained the processes.
Mayor Pro Tem Francis made the motion to Introduce Ordinance No. 1844 – there was no second.
It was moved by Mayor Pro Tem Francis, seconded by no one, and carried by the following roll call vote to Introduce Ordinance No. 1844:
Ayes: Mayor Pro Tem Francis
Noes: Council Members Henderson, Tanaka, and Love, and Mayor Cerda
Absent: None
It was then moved by Council Member Henderson, seconded by Mayor Pro Tem Francis and carried by the following roll call vote to move the i tem for discussion to the November 8, 2022 Council Meeting:
Ayes: Council Member Henderson, Mayor Pro Tem Francis, Council Members Tanaka and Love, and Mayor Cerda
Noes: None
Absent: None
8. CONSENT CALENDAR
8.A Waiver of Reading in Full of All Ordinances Listed on This Agenda and that they Be read by Title Only
CONTACT: CITY CLERK
8.B Approve Minutes:
Regular Meeting of the City Council, September 13, 2022 CONTACT: CITY CLERK
8.C Approval of Warrants/Payroll Register, September 27, 2022 CONTACT: CITY TREASURER
September 27, 2022: Wire Transfer: 12233-12242; Prepay: 168904- 168913; Check Nos: 168914 -169099 – for a total Warrants issued in the amount of $4,074,054.24; Total Payroll Issued for September 23, 2022: $2,291,800.30.
8.D Monthly Investment Portfolio, July 2022
CONTACT: CITY TREASURER
8.E Monthly Investment Portfolio, August 2022
CONTACT: CITY TREASURER
8.F Personnel Report P-2022-17 9-27-22
CONTACT: HUMAN RESOURCES
8.G RESOLUTION NO. 6604 , Re affirming Proclamation and Resolution No. 6441, which declared the Existence of a Local Emergency
CONTACT: CITY MANAGER
5 RESOLUTION NO. 6604
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GARDENA, CALIFORNIA, REAFFIRMING PROCLAMATION AND
RESOLUTION 6441 WHICH DECLARED THE EXISTENCE OF A
LOCAL EMERGENCY
8.H RESOLUTION NO. 6605, Making the legally required findings to Re- Authorize the use of Teleconferencing in accordance with Assembly Bill 361 for meetings of the Gardena City Council and other Commissions, Committees and Boards subject to State open meeting laws
CONTACT: CITY MANAGER
RESOLUTION NO. 6605
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GARDENA, CALIFORNIA, MAKING THE LEGALLY REQUIRED
FINDINGS TO RE -AUTHORIZE THE USE OF
TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY
BILL 361 FOR MEETINGS OF THE GARDENA CITY COUNCIL
AND OTHER COMMISSIONS, COMMITTEES AND BOARDS
SUBJECT TO STATE OPEN MEETING LAWS
8.I Billiard Establishment Permit from Seoul Billiard located at 1851 W Redondo Beach Boulevard Gardena, California 90247 - Seeking Approval to Operate an Existing Billiard Hall Under a Change of Ownership to Conduct Business Seve n Days a Week from 12:00 p.m. - 12:00 a.m.
CONTACT: COMMUNITY DEVELOPMENT
8.J Acceptance and Notice of Completion for the City Hall and Nakaoka Community Center Roof Rehabilitation Project, JN 501 & 502.
CONTACT: PUBLIC WORKS
8.K Approve Carnival Contract with Baque Bros./Classic Rides, Inc. for Fall Carnival at Mas Fukai Park on Friday, October 28 through Sunday, October 30, 2022 CONTACT: RECREATION AND HUMAN SERVICES
8.L Approve City of Gardena's GTrans Public Transportation Agency Safety Plan CONTACT: TRANSPORTATION
8.M Approve Paratransit Service Agreement with Los Angeles County CONTACT: TRANSPORTATION
8.N Approve City of Gardena's GTrans 2022 Title VI Program CONTACT: TRANSPORTATION
6 It was moved by Council Member Henderson, seconded by Mayor Pro Tem Francis, and carried by the following roll call vote to Approve all Items on the Consent Calendar with the exception of Items 8.G, 8.H and 8.K:
Ayes: Council Member Henderson, Mayor Pro Tem Francis, Council Members Tanaka and Love, and Mayor Cerda
Noes: None
Absent: None
9. EXCLUDED CONSENT CALENDAR
8.G CITY MANAGER - RESOLUTION NO. 6604, Re affirming Proclamation and Resolution No. 6441, which declared the Existence of a Local Emergency
Council Member Love asked for clarification of this item. City Attorney Vasquez explained in detail and answered her questions.
It was moved by Council Member Love, seconded by Mayor Pro Tem Francis, and carried by the following roll call vote to Approve Item 8.G:
Ayes: Council Member Love , Mayor Pro Tem Francis, Council Member s Henderson and Tanaka, and Mayor Cerda
Noes: None
Absent: None
8.H CITY MANAGER - RESOLUTION NO. 6605 , Making the legally required findings to Re-Authorize the use of Teleconferencing in accordance with Assembly Bill 361 for meetings of the Gardena City Council and other Commissions, Committees, and Boards subject to State open meeting laws
Mayor Pro Tem Francis asked when we are going back to in-person meetings.
Mayor Cerda said the County has gone back to in person meetings as well as other cities; mask mandate has been lifted. She feels like we are at a safer spot a nd feels safe enough to go back in-person.
City Attorney Vasquez explained Resolution No. 6605 and stated that on August 30, Council voted to stay via Zoom and will continue until September 29, - if tonight Council does not approve Resolution No. 6605, after September 29 – all Commissions as well as the Council Meetings will have to go back to in -person meetings. So, for clarification, Council will be doing the negative, Council will not be approving and letting the motion expire. Council was made aware that if their intent is to go back in- person - do not approve Resolution No. 6605; meaning that the Special Study Session Meeting on September 29, will be the last meeting we will have via Zoom, since it has been noticed and agenda has been posted.
Council Member Love stated she is in favor of going back to in- person meetings and asked about having hybrid meetings for those individuals who cannot attend.
7 Mayor Cerda had additional hybrid questions and Council Member Henderson voiced his opinion and knowledge about hybrid setup and cost.
Mayor Pro Tem Francis asked for some type of presentation so she can better understand what is required for hybrid meetings.
City Manager Osorio answered all Council questions.
It was moved by no one, seconded by no one , and the motion dies for Item
8.H:
Ayes: None
Noes: None
Absent: None
8.K RECREATION AND HUMAN SERVICES - Approve Carnival Contract with Baque Bros./Classic Rides, Inc. for Fall Carnival at Mas Fukai Park on Friday, October 28 through Sunday, October 30, 2022
Mayor Pro Tem Francis expressed her concerns about not having enough security.
She asked what the security protocol is and how many GPD officers will be onsite.
City Manager Osorio answered her questions.
It was moved by Mayor Pro Tem Francis, seconded by Council Member Love, and carried by the following roll call vote to Approve Item 8.K:
Ayes: Mayor Pro Tem Francis and Council Members Love, Henderson, Tanaka, and Mayor Cerda
Noes: None
Absent: None
10. PLANNING & ENVIRONMENTAL QUALITY COMMISSION ACTION SHEET
10.A SEPTEMBER 20, 2022 MEETING - Meeting Cancelled
ORAL COMMUNICATIONS
City Clerk Mina Semenza, noted for the record the emails received from the public and that they have been forwarded to the City Council, they are as follows:
1) Marilyn Sanabria regarding the Power of Hope Event.
2) Martha Torres regarding the Fair Housing Services.
3) Casimir Gatekeepers Network regarding two incidents that occurred in their neighborhood this week.
11. DEPARTMENTAL ITEMS - ADMINISTRATIVE SERVICES – No Items
8 13. DEPARTMENTAL ITEMS - ELECTED & CITY MANAGER'S OFFICES
13.A COVID-19 Update
City Manager Osorio presented the update.
14. DEPARTMENTAL ITEMS – POLICE – No Items
15. DEPARTMENTAL ITEMS - PUBLIC WORKS – No Items
16. DEPARTMENTAL ITEMS - RECREATION & HUMAN SERVICES – No Items
17. DEPARTMENTAL ITEMS – TRANSPORTATION – No Items
18. COUNCIL ITEMS
18.A Discussion on the Development of a Policy to Donate Buses to Local Non-Profits
Discuss donating buses to local non- profits and provide staff direction regarding a Bus Donation Policy
This item was brought forward by a directive from Council Member Love to discuss donating buses to local non- profits. There was a discussion which included all members of the City Council, City Manager Osorio, City Attorney Vasquez, and Director of Transportation, Ernie Crespo. Some of the matters discussed were:
notifying our local non-profits that we have retired buses available to see if there is an interest and see if they have the resources to maintain them; the type of fleet that was available and in the future; removing the Gardena signage from all buses before donating; the difficulty o n doing maintenance on hybrid electric buses; liability once the buses are donated; sending the retired vehicles to auction after our sister city refused them; making sure the donated buses didn’t become a burden; how are sister city is putting the buses donated to good use, our Mayor was able to see that first hand.
City Attorney Vasquez explained that a motion would need to be made to direct staff to create a policy.
It was moved by Council Member Love , seconded by no one, and the motion dies to provide direction to staff regarding a Bus Donation Policy:
Ayes: Council Member Love
Noes: None
Absent: None
9 19. COUNCIL DIRECTIVES
Council Member Henderson
1) Asked for a timeline of the Wi -Fi pilot project at Rowley Park – was seconded by Mayor Pro Tem Francis
Mayor Pro Tem Francis
1) Asked staff to take a look at semi-cab trucks being allowed to park on our residential streets and driveways – City Attorney Vasquez provided clarification of our Ordinance which states they cannot park on the street, but can park on private property – this is not considered a directive, there was no second
Council Member Love
1) Asked if a flyer can be emailed to our federal, state and local officials that govern our jurisdiction whenever we have a city event; she also asked if the Mayors from Carson, Hawthorne, Lawndale, Inglewood and Torrance could be included as well – was seconded by Mayor Pro Tem Francis
2) Asked if we could require contractors to notify nearby residents about any demolition / construction of a project within a two- week period – was seconded by Mayor Pro Tem Francis
3) Asked if we could get an update on the dog park at our next meeting – was seconded by Council Member Henderson
20. CITY MANAGER REMARKS RE: DIRECTIVES / COUNCIL ITEMS
City Manager Osorio gave a verbal report of information to follow-up on matters that had been directed or requested by the Mayor and Members of Council. Those items were, as follows:
1. Memo regarding the directive on upgrading to the audio system to conduct hybrid meetings. After RFP is conducted a presentation will be given to City Cou ncil and a cost shall be considered.
2. Flyers – Tree Planting Project and Spring 2023 Bulky Item Pick-up.
3. Video – Keep Gardena Beautiful Day.
4. Video – Aquatics and Senior Center Progress.
5. Video presentation highlighting the Recreation and Human Services Department current and future events.
6. City Manager Osorio wished Council Member s Tanaka and Henderson a Happy Birthday.
10 21. COUNCIL REMARKS
1) MAYOR PRO TEM FRANCIS – Since the last council meeting Mayor Pro Tem Francis attended Food, Wine and Brew event with Council Member Al Muratsuchi, 9/11 commemorative program, homeless session, community clean up, thanked all Beautification Commissioners, Pat Worthy, Esther Trujillo, Paula May, Dan Medina, Ochuwa Oghie, especially to Alex Orozco and Public Works, Parks and Recreation staff, sponsors, and Gardena Valley Baptist Church. It was the largest event ever there were over 400 volunteers. Council member Francis thanked Mr. Romero and Ms. Martinez from LAUSD. She is looking forward to the next clean up. 2) CO
UNCIL MEMBER TANAKA – Since the last meeting Council Member Tanaka attended the SBCCOG Legislative meeting, two Board meetings, two Steering Committee meetings, SPA 8 meetings, donated blood with UCLA, City Employe e mixer, City Employee Recognition, PD Coffee with a Cop, Jane Hall’s funeral, Jazz Festival, congratulated GTrans for receiving a check from Maxine Waters, Chief Rachel Johnson’s swearing in at Manhattan Beach PD, League of California Cities meeting, Peter Wallin’s celebration of life, Patriots Day remembrance, CAL cities conference in Long Beach, Ethics and Harassment training. 3) CO
UNCIL MEMBER LOVE – Since the last Council Member Love attended the Jazz Festival, GTrans Tailgate Party, 9/11 Memorial, Gardena Beautiful Day had a great time, Employee Recognition, Food, Wine, and Beer Festival, and LA County Business Federation Policy Maker.
4) M
AYOR CERDA - Since the last meeting Mayor Cerda attended the monthly CCGA meeting, re- grand opening of Kinecta, retirement of Chief D aryl Osby with the County Fire Department, presentation to the second time around club, Gardena Homeless Task Force, local heroes' event, Jane Hall’s memorial, Study Session, Jazz Festival, Jones and Mayer dinner, and presentation of the financial dashboard.
Mayor Cerda gave a special shoutout to Khoi from the finance department. Mayor Cerda attended the 9/11 Commemoration Ceremony, Peter Wallin’s memorial, presentation to the Serra High School PTA, Gardena High School’s homecoming, Keep Gardena Beautification Day, GEBAC meeting, Sanitation meeting, Elk’s meeting recognizing the district deputy grand exalter ruler and first lady, employee recognition day, BizFed meeting, conference that was held by supervisor Holy Mitchel, presentation presented by Economic Development manager and thanked staff for the presentation. She also attended the Food Wine and Brew event, and career day event at a local church. Mayor Cerda thanked the Fire Department, Public Works staff Rob, and Gardena PD. Lastly, attended the Tailgate Party and was happy to see one staff Pauline Moses.
5) CO
UNCIL MEMBER HENDERSON – Since the last meeting Council Member Henderson attended the League of Cities Conference, BizFed Responsible Business Committee meeting, Centinela Youth Services, 9/11 Acknowledgement Ceremony, SCAG Racial Equality Committee, and Coffee with Assembly Me mber Al Muratsuchi. Thanked his colleagues for attending the Food Wine and Brew, shared he was unable to attend due to prearranged trip where he visited his ancestral homeland. Council Member Henderson thanked city staff for their hard work. 11 22. ANNOUNCEMENT(S)
Mayor Cerda announced:
1) October 1, 2022 – Book Sale at Mayme Dear Library; 10:00 a.m. – 12:00 p.m. 2) FurBaby LoveFest, Saturday, October 1, 2022; 1:00 p.m. to 6:00 p.m. , at Gardena City Hall Lawn.
3) Harvest Festival, Saturday, October 8, 2022; 10:00 a.m. – 3:00 p.m., at Gardena City Hall Lawn.
4) K- 9 22nd Annual Pancake Breakfast, Saturday, October 8, 2022; 7:00 a.m. to 10:00 a.m.
5) Coffee with a Cop, October 5, 2022, at Chick-fil-A; 8:00 a.m. to 10:00 a.m. 6) Freeman Park Fall Games, Thursday, September 29, 2022, at 5:00 p.m. – 7:00 p.m. 7) Gardena Police Department Listening Tour, October 15, 2022 ; 10:00 a.m. – 11:00 a.m. at the Nakaoka Community Center.
8) Senior Citizen Health & Wellness Fair, Friday, November 4, 2022; 9:00 a.m. – 12:00 p.m., at the Nakaoka Community Center Auditorium.
9) Casino Night, Friday, November 18, 2022; 5:00 p.m. – 9:00 p.m. , at the Nakaoka Community Center Auditorium.
23. REMEMBRANCES
All those who lost their lives as a result of the terrorist attacks within the United States on September 11, 2001; LaTanya "LT" Meadors , 61 years of age. LT worked for the South Bay Regional Communications Authority as a Dispatcher. In 2015 she retired as an Acting Supervisor, but she continued supporting the Gardena Police Department and every South Bay Police Department because she loved what she did. She was greatly involved with the community, and she will be missed; Alejandra Perez , 33 years of age, beloved sister of Nathalie Perez, Human Resources Coordinator in the Human Resources Department ; Alice A kune, beloved mother of Karen A kune retired Administrative Secretary for the Gardena Police Department. Mrs. A kune and her husband moved to Gardena in 1955 and had five children - all attended Gardena schools. Mrs. A kune worked at Gardena Memorial Hospital in the 60’s and 70’s as an Emergency Room Clerk, she passed away at the age of 97 years old; Linda Jackson, beloved wife of retired police officer Al Johnson. Mr. and Mrs. Johnson enjoyed their retirement in southwest Washington and have 2 daughters, 11 grandchildren and 7 great- grandchildren.