CITY OF SOUTH GATE
SPECIAL CITY COUNCIL MEETING
MINUTES
MONDAY, FEBRUARY 6, 2023
CALL TO ORDER Maria del Pilar Avalos, Mayor called a Special City Council Meeting to order at 5:33 p.m.
ROLL CALL Yodit Glaze, City Clerk
PRESENT
Mayor Maria del Pilar Avalos, Vice Mayor Gil Hurtado, Council Member Maria Davila, Council Member Joshua Barron, and Council Member Al Rios; City Treasurer Jose De La Paz, City Manager Chris Jeffers, City Attorney Raul F. Salinas
CLOSED SESSION The Council Members recessed into Closed Session at 5:45 p.m. and reconvened at 6:23 p.m. with four (4) Members of Council present. Vice Mayor Hurtado recused from closed and open sessions. City Attorney Salinas reported the following:
1. CONFERENCE WITH LEGAL COUNSEL - PENDING
LITIGATION
Pursuant to Government Code Section 54956.9(a),
54954.9(b)(3)(c)
a. NR Development Inc., v. City of South Gate
There was a presentation made by City Staff and City Attorney's Office including City Manager and upon completion of that presentation, there was no reportable action taken by the City Council.
2. CONFERENCE WITH LEGAL COUNSEL - THREATENED
LITIGATION
Pursuant to Government Code Section 54956.9(b)(3)(D) & (E) One (1) - Potential Case
There was a presentation made by City Staff and City Attorney's Office including City Manager and upon completion of that presentation, there was no reportable action taken by the City Council.
Mayor Avalos asked if anyone in the audience and zoom wished to speak on this item.
Mario Dominguez does not understand how it's possible for NR Development to sue the city. He is asking Director Cervantes to pressure Los Angeles County to provide the city with permits. Mr. Dominguez asked for status on the tank and mural.
SPECIAL CITY COUNCIL MEETING MINUTES OF FEBRUARY 6, 2023 Thomas Buckley does not understand the city's lack of acumen.
Having no one else come forward, Mayor Avalos closed the audience portion.
City Attorney Salinas stated the reason why the City Council is having a special meeting is because this matter does require special attention by the Council. He also stated that the public agencies get sued by contractors all the time in case of construction law. The city has a low history of having lawsuits with its contractors.
City Attorney Salinas stated that during council meetings, its often the case individuals that are below eighteen, are listening on zoom or in the council chambers and he encourages all the speakers to refrain from using offensive language.
OPEN SESSION
1 STREETS/SIDEWALKS/
LANDSCAPING The City Council made a finding and adopted Resolution No. 2023-03- CC entitled - A Resolution of the City Council of the City of South Gate, State of California, declaring an emergency and authorizing repair, replacement or maintenance activities of public facilities related to Urban Orchard, City Project No. 539-PRK, without public bidding, pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code, by motion of Council Member Davila and seconded by Council Member Barron.
ROLL CALL: Mayor Avalos, yes; Vice Mayor Hurtado, recused; Council Member Davila, yes; Council Member Barron, yes; Council Member Rios, yes.
2 STREETS/SIDEWALKS/
LANDSCAPING The City Council approved items A & B by motion of Council Member Barron and seconded by Council Member Rios:
ROLL CALL: Mayor Avalos, yes; Vice Mayor Hurtado, recused; Council Member Davila, yes; Council Member Barron, yes; Council Member Rios, yes.
a. Resolution No. 2023-04-CC entitled - A Resolution of the City Council of the City of South Gate, State of California, terminating Contract No. 2021-66-CC with NR Development Inc., effective February 6, 2023 for the Urban Orchard, City Project No. 539- PRK, except for the requirements that NR Development Inc. continue to perform approved maintenance activities until such
SPECIAL CITY COUNCIL MEETING MINUTES OF FEBRUARY 6, 2023
ADJOURNMENT
time as a new contractor is procured to perform those maintenance activities; and
b. Directed the Mayor to execute a document in a form acceptable to the City Attorney advising NR Development Inc. that the contract has been terminated.
Mayor Avalos adjourned the meeting in memory of all the individuals' that lost their lives yesterday morning in a collision at 7:28 p.m. and seconded Council Member Davila.
PASSED and APPROVED this 28th day of March, 2023.
ATTEST:
Maria del Pilar Avalos, Mayor
Yodit e, City Clerk