CITY OF SOUTH GATE
SPECIAL CITY COUNCIL MEETING
MINUTES
TUESDAY, APRIL 25, 2023
CALL TO ORDER Maria del Pilar Avalos, Mayor called a Special City Council Meeting to order at 5:17 p.m.
ROLL CALL Yodit Glaze, City Clerk
PRESENT
Mayor Maria del Pilar Avalos, Council Member Joshua Barron, Council Member Maria Davila and Council Member Al Rios; City Treasurer Jose De La Paz, City Manager Chris Jeffers, City Attorney Raul F. Salina LATE Vice Mayor Gil Hurtado arrived at the dais at 5:56 p.m. 1 CERTIFICATES
The City Council issued a Certificate of Appreciation to Joshua Alvarado for receiving a $50,000 college scholarship from Southern California Edison.
2 ...I
CERTIFICATES The City Council issued Certificates of Appreciation to Girls Scouts of Troop 16325 in recognition of receiving the Presidential Volunteer Service Award and completing over 100 service hours during the 2022 Girl Scout year.
3 PROCLAMATIONS The City Council issued a Proclamation declaring the month of May 2023, as Older Americans Month.
4 PERSONNEL RECRUITMENT
& SELECTION The City Council received and filed the list of new full-time employees hired during the month of March 2023.
CLOSED SESSION The Council Members recessed into Closed Session at 6:14 p.m. and reconvened at 6:44 p.m. with all Members of Council present. 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 v. City of South Gate
b. Silvia Gonzalez v. City of South Gate
SPECIAL CITY COUNCIL MEETING MINUTES OF APRIL 25, 2023
Item 1(a) was not discussed in closed session.
On item 1(b) the City Attorney provided a report with respect to the outcome of the trial that occurred in that case. The report was that the city had prevailed in the defense of that civil litigation.
2. CONSIDER THE EVALUATION OF PERFORMANCE OF A
PUBLIC EMPLOYEE
Pursuant to Government Code Section 54957(b)(1)
a. City Manager
There was a brief discussion on item 2(a) and that item will be discussed further after the conclusion of the Regular City Council meeting.
Mayor Avalos asked if anyone in the audience and zoom wished to speak on this item.
Mario Dominguez, Jr. requested background information on the Silvia Gonzalez case.
Thomas Buckley asked for the case number and courthouse for the NR Development case. He also asked if the city is paying for legal services.
Having no one else come forward, Mayor Avalos closed the audience portion.
City Attorney Salinas stated that NR Development is pending in Los Angeles Superior Court, Norwalk branch. The claim was filed a year ago seeking a change order regarding the recovery of dirt taken off site by the contractor. The city disputes as to whether the additional charges for the removal of dirt are inside or outside of the contract.
City Attorney Salinas stated that Ms. Gonzalez sued the city claiming that she tripped on a city sidewalk and suffered personal injuries. The city took the position that it is not responsible for the injuries she sustained because the area of the sidewalk where she fell was trivial in nature and could not have been the approximate cause, as a matter of law, for her injuries. The city went to trial on that matter at the Van Nuys Branch of the Los Angeles Superior Court. The trial lasted approximately 3 days. The city requested that the judge split the trial in parts, which he did. The first part was a request to the judge that he rule whether or not the condition of the sidewalk, as a matter of law, was a trivial defect. The city prevailed during the trial and the remainder of the case was dismissed. Judgement will be entered in favor of the City of South Gate and no money will be paid in connection with that claim.
SPECIAL CITY COUNCIL MEETING MINUTES OF APRIL 25, 2023
RECESSED
CLOSED SESSION
At this time, 6:51 p.m., Mayor Avalos recessed the Closed Session meeting in order that the Council might hold the Regular City Council meeting. The Closed Session meeting was reconvened at 9:15 p.m. with all the Council presents.
The Council Members recessed into Closed Session at 9:15 p.m. and reconvened at 10:3 8 p.m. with all Members of Council present. City Attorney Salinas reported the following:
2. CONSIDER THE EVALUATION OF PERFORMANCE OF A
PUBLIC EMPLOYEE
Pursuant to Government Code Section 54957(b)(1)
a. City Manager
There was no reportable action taken on item 2(a).
ADJOURNMENT Vice Mayor Hurtado unanimously adjourned the meeting at 10:39 p.m. and seconded by Council Member Rios.
PASSED and APPROVED this 27 th day of June 2023.
ATTEST:
Maria del Pilar Avalos, Mayor
Yodit aze, City Clerk