Please notify [email protected] with electronic payments or questions on this invoice.
Contract
17055
W357-001.01
Gardena ON CALL
Invoice
From: Jonathan Smith
To: Kevin Kwak; William Mendoza
Subject:
Date:
Attachments:
!70th Street Improvements Wednesday,
June 7, 2023 11:43:18 AM
image001.png
Good morning Kevin and William,
After additional review of the billing for this project, I have discovered that there was time charged by the CM that should have been time charged by the inspector.
We value our relationship with the City of Gardena and are thankful for the opportunities that you have provided to Anser.
With that said, I would like to offer a $10,000 reduction to the CO request.
Respectfully submitted,
Jonathan
Jonathan Smith, P.E., QSD
Senior Vice President / Managing Director
M 858-472-2212
anseradvisory.com
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 19.A
Section: COUNCIL ITEMS
Meeting Date: June 13, 2023
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:
RESOLUTION NO. 6632
: Amending City Council Meeting Agenda Policy
No. 03-01, as it Pertains to Council Directives.
COUNCIL ACTION REQUIRED:
Staff Recommendation: Adopt Resolution No. 6632
RECOMMENDATION AND STAFF SUMMARY:
During the May 23, 2023, City Council meeting, a directive was given to staff by Mayor Cerda and seconded by Councilmember Henderson to amend the current City Council Meeting Agenda Policy (“Policy”) to limit each Councilmember to make no more than one directive to staff at any Council meeting. In addition, under the proposed amended Policy any Councilmember making a directive to staff would also be required to: 1) state the purpose of the directive, (2) the reasons why the directive is warranted, and (3) the ways the directive would directly benefit the city, for example, economic development, job creation, raising the quality of life, or community safety. Directives would continue to require concurrence of at least one other Councilmember. Finally, the proposed amended Policy also provides for a clearer definition of a directive than that provided by the current policy. Under the proposed Policy, a directive would be defined as a request, pronouncement, or instruction to conduct research, prepare a report, letter, agenda item, resolution or ordinance, or otherwise initiate action on a designated project.
These changes will allow the City to continue to provide clear and effective direction to staff and allocate the use of City resources. The original policy was adopted on February 11, 2003, and amended on September 12, 2017.
Attached for Council consideration is Resolution 6632 which contains as an attachment the proposed amended City Council Meeting Agenda Policy. The proposed Policy has been drafted to show additions by
underscore
and deletions by
strikethrough
.
FINANCIAL IMPACT/COST:
N/A
ATTACHMENTS:
RESOLUTION No. 6632 with Proposed Amended Council Policy.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
RESOLUTION NO. 6632
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GARDENA, CALIFORNIA, AMENDING CITY COUNCIL
MEETING AGENDA POLICY NO. 03-01, AS IT PERTAINS
TO COUNCIL DIRECTIVES.
WHEREAS, the City Council has adopted a certain manual entitled Council Policy to define and ensure the proper conduct of the City’s business by the City Council and in compliance with State and City ordinances, and;
WHEREAS, the Council periodically revises its Council Policy to ensure clarity consistency and conformity with City ordinances.
WHEREAS, on May 23, 2023, a directive was provided to amend the City Council Meeting Agenda Policy No. 03-01, as it pertains to Council Directives.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDENA , CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE, AS FOLLOWS:
SECTION 1. Section I II.F.1.b. COUNCIL ITEMS AND DIRECTIVES – Council Items of the City Council Meeting Agenda Policy is amended to read, as follows:
1.b. Council Items may be placed on the agenda as a result of a directive given to staff at a Council meeting or as a recommendation or action of a Council subcommittee. A directive is a request, pronouncement, or instruction to conduct research, prepare a report, letter, agenda item, resolution , ordinance, or otherwise initiate action on a designated project. Each Councilmember shall make no more than one directive to staff at any Council meeting. Any Councilmember making a directive to staff shall (1) state the purpose of the directive, (2) the reasons why the directive is warranted, and (3) the ways the directive would directly benefit the city, for example, economic development, job creation, raising the quality of life, or community safety.
Directives require concurrence of at least one other Councilmember.
SECTION 2. Section I II.F.3. COUNCIL ITEMS AND DIRECTIVES – Council Directives of the City Council Meeting Agenda Policy is amended to read, as follows:
In order to provide clear direction to staff, and to ensure that staff resources are allocated efficiently, a clear directive and consensus from the Council is needed prior to adjournment of the meeting.
a. The City Clerk will maintain a list of all directives referenced during the meeting and, prior to the meeting’s adjournment, will review the items aloud to clarify any actions directed to staff.
b. A directive is a request, pronouncement, or instruction to conduct research, prepare a report, letter, agenda item, resolution , ordinance, or otherwise initiate action on a designated project.
DocuSign Envelope ID: A89C2596-6829-4ABF-B056-53FB4BBAC3A5 RESOLUTION NO. 6632
2 c. Each Councilmember shall make no more than one directive to staff at any Council meeting. Any Councilmember making a directive to staff shall:
(1) State the purpose of the directive, and;
(2) The reasons why the directive is warranted, and;
(3) The ways the directive would directly benefit the city, for example, economic development, job creation, raising the quality of life, or community safety.
Directives require concurrence of at least one other Councilmember. The City Clerk will record the action for follow-up.
d. In addition to the meeting minutes, the City Cle rk will prepare a list of all Council Actions and Directives and forward the list to the City Manager for review and assignment of tasks to the appropriate staff.
SECTION 3. That this Resolution shall be effective immediately.
BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage and adoption of this Resolution; shall cause the same to be entered among the original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records o f the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted.
Passed, approved, and adopted this 13th day of June, 2023.
TASHA CERDA, Mayor
ATTEST:
MINA SEMENZA, City Clerk
APPROVED AS TO FORM:
CARMEN VASQUEZ, City Attorney
Attachment: COUNCIL POLICY- City Council Meeting Agenda DocuSign Envelope ID: A89C2596-6829-4ABF-B056-53FB4BBAC3A5
COUNCIL POLICY
NO. 03-01 REV. _2___
SUBJECT: CITY COUNCIL MEETING AGENDA Effective Date: 06/13/2023 Tasha Cerda
Mayor
1 II. STATEMENT OF PURPOSE
a. The standardization of policies and procedures for the conduct of City business at Council Meetings will: facilitate the Council’s efficient handling of agenda matters; provide clear and effective direction to staff; allocate the use of City resources by a consensus of the members of the Council, and ensure that all Council actions are properly recorded and acted upon.
III. POLICY
a. GARDENA MUNICIPAL CODE
1. Chapter 2.04 of the Gardena Municipal Code shall set forth the adopted policies and proceedings for the conduct of business by the City Council (G.M.C. 2.04).
2. The establishment of any policy and/or procedure to clarify, expand or modify how City business is conducted shall be governed by and consistent with those policies and procedures set forth in the Gardena Municipal Code.
b. CITY COUNCIL MEETING DATES AND TIMES
1. City Council meetings (regular meetings) will be held the second and fourth Tuesdays of each month unless otherwise determined by Ordinance, Resolution, or Council Action.
2. Closed Session shall generally be scheduled from 7:00 p.m. to 7:30 p.m. and, if necessary, will be continued and resumed after all Open Session business has been concluded, and prior to adjournment of the meeting.
a. Closed Session agenda items are limited to matters regulated by State law and may include such issues as personnel, litigation, real property and labor negotiations, and liability claims.
b. Items will be placed under the Closed Session portion of the agenda at the direction of the City Manager or City Attorney.
3. Open Session shall be scheduled to commence at 7:30 p.m., or immediately following the conclusion of a Closed Session.
4. Special Council Meetings may be set at a date, time and location established by the Council as needed for the efficient conduct of City business, including, but not limited to, study sessions on special topics of discussion and/or action requiring immediate act ion. Special Council Meetings shall be noticed and conducted in compliance with all applicable laws and regulations.
DocuSign Envelope ID: A89C2596-6829-4ABF-B056-53FB4BBAC3A5
COUNCIL POLICY
NO. 03-01 REV. _2___
SUBJECT: CITY COUNCIL MEETING AGENDA Effective Date: 06/13/2023 Tasha Cerda
Mayor
2 c. CONTINUED AND RESCHEDULED AGENDA ITEMS
1. If at 11:00 p.m., the scheduled business has not been concluded, any member of the Council may request that the meeting be adjourned and with the concurrence of the other members of the Council, the meeting will be adjourned according to the following:
a. The meeting may be adjourned and reconvened as an “Adjourned Regular Meeting” at a specif ic date and time prior to the next regularly scheduled Council meeting, or
b. Each remaining item on the agenda may be tabled to the next regularly scheduled Council meeting.
2. If at any point during the meeting, the City Council wishes to continue or reschedule an agenda item, the Mayor will ask if there are any reasons why the item could not be deferred.
a. The City Attorney, City Manager, and/or the City Clerk will advise the Council if there are any conflicts, time restraints, or other factors that may affect the decision to postpone or reschedule an agenda item.
b. If no objections are noted, the Mayor will ask the City Clerk t o check the Council meeting calendar and announce the date on which the item will be considered.
d. GENERAL CONDUCT OF BUSINESS
1. Where no policy or procedure has been established, Robert’s Rules of Order, as interpreted by the City Attorney, shall prev ail and govern the order of business.
2. Speakers are to address the Mayor and City Council as a whole body and not direct questions or engage in dialogue with any individual member of the Council, staff person, or member of the audience. (G.M.C. 2.04.100)
3. All items to be considered by the City Council shall be placed on the agenda pursuant to the Ralph M. Brown Act and other legal noticing requirements. The agenda format shall be in a standard form adopted by Council resolution and all items shall be conducted in the same order as the publicly noticed agenda, unless the members of the Council agree and announce a change in order to the public. All agenda items shall be prepared in a standard format established by the City Manager.
Request by a Co uncilmember to place an item on the agenda requires concurrence of at least one other Councilmember
4. Staff reports and comments shall be coordinated through the City Manager. If the topic requires investigation and/or response, the Mayor will direct the City DocuSign Envelope ID: A89C2596-6829-4ABF-B056-53FB4BBAC3A5
COUNCIL POLICY
NO. 03-01 REV. _2___
SUBJECT: CITY COUNCIL MEETING AGENDA Effective Date: 06/13/2023 Tasha Cerda
Mayor
3 Manager to provide a report to the Council and to the interested parties making the inquiry.
e. ROLES AND RESPONSIBILITIES
1. Mayor – The Mayor is the presiding officer and shall preserve order at all regular and special meetings of the Council. He/She shall state every question that comes before the Council, announce the decisions of the Council on all subjects, and decide all questions of order, s ubject, however, to an appeal to the Council. In the event of such an appeal, a majority vote of the Council shall govern and conclusively determine such question of order.
2. City Clerk – The City Clerk prepares the final format of the agenda and is t he official record keeper of all actions taken by the Council. As such, the City Clerk will read motions, amendments, and other actions of the Council for clarification of action. The City Clerk is also responsible for ensuring proper notification of all Council meetings and actions.
3. City Attorney – The City Attorney is the legal advisor to the City Council and all other city officers, departments, boards and commissions and as such will advise the Council on the proper interpretation of law, of order, and action being considered by the City Council. (G.M.C. 2.16.020)
4. City Manager – The City Manager shall recommend to the Council for adoption such measures and ordinances as deemed necessary or expedient and exercise control over all departments and employees. The Council and its members shall address the matters on the agenda through the City Manager, except for the purposes of inquiry. (G.M.C. 2.12.060; 2.12.080)
5. City Treasurer – The City Treasurer is responsible for the city’s financial investments in accordance with applicable law and for the general oversight of the city’s financial affairs. The City Treasurer will attend Council meetings whenever needed, to provide advice on pertinent financial matters of the City.
6. Sergeant at Arms – The Police Chief, or designee, shall serve as the Sergeant at Arms at all Council Meetings and, as such, shall be in attendance at meetings held by the Council and shall take action at the dire ction of the Mayor or as deemed necessary to maintain order (G.M.C. 2.04.130).
DocuSign Envelope ID: A89C2596-6829-4ABF-B056-53FB4BBAC3A5
COUNCIL POLICY
NO. 03-01 REV. _2___
SUBJECT: CITY COUNCIL MEETING AGENDA Effective Date: 06/13/2023 Tasha Cerda
Mayor
4 IV. PROCEDURES
a. CLOSED SESSION
1. If there is a Closed Session scheduled, the Mayor will call the Council meeting to order at the designated time from the dais and ask the City Clerk to take Roll Call, or to note the presence of the Council members. All members of the Council are expected to be present at the dais for Roll Call.
2. After the City Clerk has taken roll call or noted the presence or absence of each Council member, the Mayor will recess the meeting to Closed Session. At the end of the Closed Session, the Mayor and Council members will return to the dais and the Mayor shall reconvene the meeting for the Open Session.
b. OPEN SESSION
1. In order to expedite meeting proceedings, official photographs and exchanges related to scheduled presentation items should be done prior to the 7:30 p.m. start of official business (Open Session) when possible.
2. All members of the City Council will be seated at the dais and the Mayor will call the meeting to order, or when there has been a Closed Session, reconvene the meeting, and ask the City Clerk to note the presence of the Council members, and the City Clerk will respond accordingly.
3. If there has been a Closed Session, the Mayor will ask the City Attorney to report on any actions taken during the Closed Session, pursuant to the Ralph M. Brown Act requirements, and the City Atto rney will respond accordingly.
The City Attorney will also note whether the Closed Session was concluded or will be resumed following the Open Session, but prior to Adjournment.
c. ORAL COMMUNICATIONS/PUBLIC COMMENTS
1. Each person addressing the Counci l shall stand and give his/her name in an audible tone of voice and provide his/her address audibly and/or in writing for the record. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the Council , shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the presiding officer. (G.M.C. 2.04.100)
2. The Mayor or any member of the Council, through the Mayor, may direct a question to the City Manager or City Attorney for clarification and/or discussion.
No member of the Council shall directly engage staff or any member of the audience in a public debate over an item. If the topic requires investigation and/or further analysis, the Mayor will direct staff, through the City Manager, as DocuSign Envelope ID: A89C2596-6829-4ABF-B056-53FB4BBAC3A5
COUNCIL POLICY
NO. 03-01 REV. _2___
SUBJECT: CITY COUNCIL MEETING AGENDA Effective Date: 06/13/2023 Tasha Cerda
Mayor
5 appropriate, to provide a report to the Council and to the interested parties making the inquiry.
3. To preserve a speaker’s right to freedom of speech and prevent any distraction from a speaker’s pr esentation, outbursts of applause, laughter, heckling, jeers, comments, or other such distractions will not be tolerated. The Mayor has the right and responsibility to have removed from the Council Chamber, any individual whose behavior interferes with the conduct of official City business or the ability of a speaker to express his/her opinion without interference.
4. The public will have the opportunity to address the Council at the following times:
a. Agenda Items: at the time the City Council considers the item;
b. Items Not Listed on the Agenda: during Oral Communications;
c. Oral Communications: heard for one-half hour at or before 8:30 p.m., or at the conclusion of the last agenda item commenced prior to the scheduled time. Oral Communications/public comments not concluded during the allotted time shall be resumed as the last order of business before the meeting is closed or recessed to a Closed Session.
d. Public Hearings: at the time of the Public Hearing.
5. At any time prior to or during the Council Meeting, persons desiring to address the Council shall complete a Speaker Request Form and present the form to the City Clerk.
a. Speakers will be called to speak in the order that the requests were received and shall be allowed a maximum of three (3) uninterrupted minutes, unless the Mayor extends the allotted time.
b. Time limits shall not apply to individuals providing testimony as part of a public hearing or to individuals invited by the City Council to make a public presentation on a particular item.
6. The Council will hear from the public on any item on the agenda or any item of interest that is not on the agenda, but cannot legally take action on any item not scheduled on the agenda. Any topic intr oduced during the Oral Communications/public comment period that is not listed on the meeting agenda may be referred by Council to staff for administrative action, or for scheduling on a future agenda.
DocuSign Envelope ID: A89C2596-6829-4ABF-B056-53FB4BBAC3A5
COUNCIL POLICY
NO. 03-01 REV. _2___
SUBJECT: CITY COUNCIL MEETING AGENDA Effective Date: 06/13/2023 Tasha Cerda
Mayor
6 d. PLANNING AND ENVIRONMENTAL QUALITY COMMISSION ACTION SHEET
1. The City Council may receive and file the actions of the Planning and Environmental Quality Commission reported on the Action Sheet, or the Council may call for review of a Commission action and set a hearing date for the item to be considered before the City Council.
2. If a member of the City Council calls for review of the action of the Commission, the Councilmember shall state specifically for the record the basis for the matter being review so that the applicant and City staff can prepare according ly for the hearing. The applicant may also appeal the action of the Commission to the City Council, pursuant to the respective statutes of the Gardena Municipal Code.
e. DEPARTMENTAL ITEMS
1. The City Manager will coordinate the introduction of all D epartmental Items as appropriate, and the Mayor will open discussion on the item.
2. Departmental Items will include any items needing discussion, and direction, and action by the City Council. Routine approvals and receive and file items will be considered under the Consent Calendar.
f. COUNCIL ITEMS AND DIRECTIVES
1. COUNCIL ITEMS
a. Reports and/or action items placed on the agenda at the direction of the Council will, unless otherwise assigned, be prepared and presented by the City Manager’s Office under “Council Items.”
b. Council Items may be placed on the agenda as a result of a directive given to staff at a Council meeting or as a recommendation or action of a Council subcommittee . A directive is a request, pronouncement, or instruction to conduct research, prepare a repo rt, letter, agenda item, resolution, ordinance, or otherwise initiate action on a designated project. Each Councilmember shall make no more than one directive to staff at any Council meeting. Any Councilmember making a directive to staff shall (1) state th e purpose of the directive, (2) the reasons why the directive is warranted, and (3) the ways the directive would directly benefit the city, for example, economic development, job creation, raising the quality of life, or community safety. ; Ddirectives require concurrence of at least one other Councilmember.
DocuSign Envelope ID: A89C2596-6829-4ABF-B056-53FB4BBAC3A5
COUNCIL POLICY
NO. 03-01 REV. _2___
SUBJECT: CITY COUNCIL MEETING AGENDA Effective Date: 06/13/2023 Tasha Cerda
Mayor
7 c. Items requested by only one member of the Council must have the concurrence of at least one other Councilmember in order to be placed on the agenda for Council consideration. This inc ludes adding items to future agendas, presentations, and any other business to be considered by at a City Council hearing.
2. COUNCIL REMARKS
a. All members of the Council will have an opportunity at each meeting to report on any activities attended or to discuss any topic of City business.
b. Each Councilmember will have five minutes to present a report, unless the Mayor extends the time.
c. Each succeeding Council agenda will rotate the order in which members of the Council are listed to speak.
3. COUNCIL DIRECTIVES:
In order to provide clear direction to staff, and to ensure that staff resources are allocated efficiently, a clear directive and consensus from the Council is needed prior to adjournment of the meeting.
a. The City Clerk will maintain a list of all directives items referenced during the meeting and, prior to the meeting’s adjournment, will review the items aloud to clarify any actions directed to staff.
b. A directive is a request, pronouncement, or instruction to conduct research, prepare a report, letter, agenda item, resolution, ordinance, or otherwise initiate action on a designated project . Routine items, such as sending a letter, general follow-up or questions on previously assigned tasks, or coordination of an appointment or travel for a particular Councilmember, will be directed to staff for action.
c. Each Councilmember shall make no more than one directive to staff at any Council meeting. Any Councilmember making a directive to staff shall:
(1) State the purpose of the directive, and;
(2) The reasons why the directive is warranted, and;
(3) The ways the directive would directly benefit the city, for example, economic development, job creation, raising the quality of life, or community safety.
Directives require concurrence of at least one other Councilmember.
For new assignmen ts, including projects, research and reports, the Mayor will, through the City Manager, determine if the task will require DocuSign Envelope ID: A89C2596-6829-4ABF-B056-53FB4BBAC3A5
COUNCIL POLICY
NO. 03-01 REV. _2___
SUBJECT: CITY COUNCIL MEETING AGENDA Effective Date: 06/13/2023 Tasha Cerda
Mayor
8 the dedication of substantial staff resources and time to complete. If so, the Mayor will ask for input from all of the Council and will direct staff based on the consensus of the Council; there needs to be a concurrence of at least one other Councilmember. The City Clerk will record the action for follow-up.
d. In addition to the meeting minutes, the City Clerk will prepare a list o f all Council Actions and Directives and forward the list to the City Manager for review and assignment of tasks to the appropriate staff.
V. SAMPLE OUTLINE – CITY COUNCIL MEETING AGENDA
DocuSign Envelope ID: A89C2596-6829-4ABF-B056-53FB4BBAC3A5