FOUNDED 1771
MINUTES OF SEPTEMBER 20, 2022
REGULAR MEETING OF THE SAN GABRIEL CITY COUNCIL
CALL TO ORDER
Mayor Ding called the regular meeting of the San Gabriel City Council to order at 6:47 P.M. on Tuesday, September 20, 2022, in the Council Chamber at City Hall, 425 South Mission Drive, San Gabriel, California, 91776.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Menchaca.
ROLL CALL
Council Members Present: Denise Menchaca, Carina Rivera, John Wu, Vice Mayor John R. Harrington, and Mayor Tony Ding.
Council Members Absent: None.
Staff Members Present: Acting City Manager/Police Chief Eugene Harris, City Attorney Keith Lemieux, Community Services Director
Rebecca Perez, Public Works Director/City Engineer
Greg de Vinck, Fire Chief Steven Wallace, Human
Resources/Risk Management Director Edward Macias,
Finance Director William Kaholokula, Community
Development Director Aldo Cervantes, Assistant City
Clerk Marilyn Bonus, and Management Assistant Adam
Yang.
CLOSED SESSION REPORT
Special City Council Meeting of September 20, 2022:
A. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL THREAT TO PUBLIC FACILITIES (GOVERNMENT CODE § 54957)
Consultation with Police Chief and IT Manager.
City Attorney Lemieux announced that no reportable action was taken.
B. CONFERENCE WITH LABOR NEGOTIATOR (GOVERNMENT CODE §54957.6) City Negotiators - City Manager Lazzaretto, City Attorney Lemieux, and Human Resources/Risk Management Director Macias, Labor Relations Counsel Steve Filarsky.
Regarding the following Employee Organizations - San Gabriel Police Officers' Association, San Gabriel Police Management Group, San Gabriel Firefighters' Association, San Gabriel Fire Management Group and all Unrepresented Employees.
City Attorney Lemieux announced that no reportable action was taken.
CITY COUNCIL REGULAR MEETING MINUTES Page 1 of 5 September 20, 2022
ANNOUNCEMENTS
Assistant City Clerk Bonus provided information for the public on how to view the meeting and how to request meeting agendas.
1. APPROVAL OF AGENDA ORDER
Consent Calendar Item I was removed from the Agenda by staff. A motion was made by Council Member Menchaca, seconded by Mayor Ding, to approve the agenda order with the removal of Item 4l.
Motion carried by a vote of 5-0 as follows:
AYES: MENCHACA, RIVERA, WU, HARRINGTON, DING
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
2. PRESENTATIONS - None.
3. PUBLIC COMMENT
Deborah Kilgore, resident, invited residents to attend a Candidate Forum for City candidates for the November 2022 election, tentatively scheduled for October 19, 2022, and moderated by the Pasadena League of Women Voters; and commented on the placement of campaign signs.
4. CONSENT CALENDAR
Assistant City Clerk Bonus announced that staff had requested that Item I be removed from the agenda.
A motion was made by Council Member Menchaca, seconded by Vice Mayor Harrington, to approve Consent Calendar Items 4A - 4H and 4J - 4K as presented.
Motion carried by a vote of 5-0 as follows:
AYES: MENCHACA, RIVERA, WU, HARRINGTON, DING
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
A. RESOLUTION NO. 22-57 REAUTHORIZING THE CITY COUNCIL AND THE
CITY'S COMMISSIONS TO IMPLEMENT TELECONFERENCE ACCESSIBILITY FOR CONDUCTING PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 The City Council adopted Resolution No. 22-57 regarding the use of teleconferencing for public meetings.
B. APPROVAL OF MINUTES
The City Council approved the following:
1. Minutes of the City Council Special Meeting of September 6, 2022.
2. Minutes of the City Council Regular Meeting of September 6, 2022.
C. MATERIAL DEMANDS
CITY COUNCIL REGULAR MEETING MINUTES Page 2 of 5 September 20, 2022 The City Council approved August 25, 2022, and September 1, 2022, Registers of Demands and Warrants for the payment of City expenditures.
D. MONTHLY BUDGET UPDATE - AUGUST 2022
The City Council received and filed the report.
E. CASH AND INVESTMENT REPORT - AUGUST 2022
The City Council received and filed the Cash and Investment Report for August 2022.
F. RENEWAL OF FACILITIES JOINT USE AGREEMENT WITH SAN GABRIEL
UNIFIED SCHOOL DISTRICT
The City Council approved the proposed Amended and Restated Facilities Joint Use Agreement and authorized the City Manager and Mayor to execute the agreement.
G. PURCHASE OF A CATERPILLAR MINI EXCAVATOR FOR THE WASTEWATER
OPERATIONS DIVISION
The City Council waived formal bidding and authorized the Cooperative Purchase Agreement consistent with the piggyback bidding requirements pursuant to Municipal Code Section 34.35; and authorized the City Manager to approve a Purchase Order with the Quinn Company in the amount not to exceed $99,173.30 from budget account 124- 800-38-66-405.
H. AWARD CONSTRUCTION CONTRACT NO. 22-05 TO PALP, INCORPORATED
DOING BUSINESS AS EXCEL PAVING COMPANY IN THE AMOUNT OF $4,866,957.50 FOR THE ANNUAL STREETS PROGRAM FISCAL YEAR 2022- The City Council:
1. Approved plans and specifications for the Annual Streets Program Fiscal Year 2022-2023, Contract No. 22-05;
2. Awarded the contract to Excel Paving Company as the lowest responsive and responsible bidder and authorized the City Manager to execute contract agreement for the total bid amount of $4,866,957.50; and
3. Authorized the City Manager to approve a Purchase Order with Excel Paving Company in the amount of $5,066,918, which includes a 4% construction contingency.
I. ORDINANCE NO. 685 DELETING TITLE III, CHAPTER 32, SECTION 32.70 FROM
THE SAN GABRIEL MUNICIPAL CODE TO REMOVE THE MISSION PLAYHOUSE
DEPARTMENT
This item was removed from the agenda.
J. APPROVAL OF SAN GABRIEL MISSION PLAYHOUSE FAÇADE AND PORTICO RESTORATION IN THE AMOUNT OF $52,150 AND APPROVAL OF
RESOLUTION NO. 22-58 AMENDING FISCAL YEAR 2022-2023 BUDGET TO
RECEIVE GRANT FUNDS AND ALLOCATE FUNDS FOR THE PROJECT
CITY COUNCIL REGULAR MEETING MINUTES Page 3 of 5 September 20, 2022 The City Council:
1. Authorized the City Manager to execute an Agreement with LeGrande Studios, Incorporated subject to formal approval by the City Attorney;
2. Accepted the grant from National Trust for Historic Preservation for $3,500; accepted the grant from The Ahmanson Foundation for $15,000; accepted donations from individual donors totaling $14,796.96; and transferred the remaining amount of $18,853.04 from the Mission Playhouse fund to cover the cost of the Phase II Façade Restoration;
3. Adopted Resolution No. 22-58 amending the Fiscal Year 2022-2023 budget to reflect the changes to the City's account; and
4. Approved the expenditures totaling $52,150 to Evan Wilson of LeGrande Studios, Incorporated for the work for the Façade Restoration.
5. PUBLIC HEARING - None.
6. CONTINUED BUSINESS - None.
7. NEW BUSINESS
A. DONATION OF ASSEMBLY BILL 481 MILITARY EQUIPMENT RESCUE VEHICLE Police Chief Harris made the presentation.
Clarifying discussion included maintenance costs and the type of situations in which the vehicle would be utilized.
There was no public comment.
Discussion included why San Gabriel is receiving the vehicle donation; the vehicle must be available for regional use; the vehicle does not have weaponry; and it has been designed for rescue missions.
A motion was made by Council Member Menchaca, seconded by Council Member Rivera, to approve and provide the City Manager the authority to accept the donation of a 2008 Ford armored rescue vehicle from the County of Los Angeles, Bureau of Investigations from the District Attorney's Office.
Motion carried by a vote of 5-0 as follows:
AYES: MENCHACA, RIVERA, WU, HARRINGTON, DING
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
B. DISCUSSION REGARDING THE INTERNAL PROSECUTION MISDEMEANOR
AND OTHER QUALITY-OF-LIFE CRIMES
Police Chief Harris made the presentation.
Dr. Chasity Jennings-Nunez provided comments requesting that the City Council not pursue this matter any further.
Discussion included that the goal is not to prosecute residents; the percentage of signatures that were disallowed during the recall process for District Attorney (DA) Gascon; the DA's failure to prosecute crimes and associated lack of deterrence; benefits of prosecution at the local level; having an analysis of the cost of crime CITY COUNCIL REGULAR MEETING MINUTES Page 4 of 5 September 20, 2022 and of local prosecution to the City; that non-special matter issues such as the staff reports related to this item are included in the City Attorney's retainer; infractions would be prosecuted by the City Attorney pursuant to the City's Municipal Code; case-by-case determination of what quality-of-life crimes will be prosecuted; analysis of the number of cases that would be prosecuted; DA's office will still prosecute some crimes; what the filing process would be; consideration of using regional prosecutors so costs can be shared; the City's process for arresting an offender; costs related to the City Attorney providing prosecution services; time- frame for research and execution of the plan; request to include other cities in the analysis for comparison purposes; and the process to draft an ordinance, including what the City will be enforcing and how it affects the City in terms of diversion and reform.
There was a consensus of the City Council to direct staff to prepare an ordinance consistent with the purposes in the staff report for City Council discussion as soon as possible.
8. PUBLIC COMMENT - None.
9. CITY MANAGER'S REPORT - None.
10. COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS
Council Member Menchaca reported on the Mental Health Awareness event and thanked the Human Equity, Access and Relations (HEAR) Commissioners for their work on the event; invited residents to attend the Police Department's 12-week Community Academy starting September 26, 2022; invited resident to attend the Kiwanis Club meeting on September 29, 2022, which will showcase the San Gabriel Educational Foundation and La Casa and their contributions in the Community; and announced new La Casa Board Member, Police Officer Gilbert Magana, who replaced former Police Captain Fabian Valdez after serving for decades at La Casa.
Council Member Rivera reported on the Mental Health Awareness Fair and thanked the HEAR Commissioners and staff for their work in putting the event together.
Mayor Ding reported on the Mental Health Expo and the various groups in attendance, and commented on crime diversion.
11. CLOSED SESSION - None.
12. ADJOURNMENT
The meeting was adjourned at 8:06 P.M
Respectfully submitted:
JULIE NGUYEN, City Clerk
Approved this 4*h day of October, 2022:
TONY DING, Mayor
CITY COUNCIL REGULAR MEETING MINUTES Page 5 of 5 September 20, 2022