CITY OF SOUTH GATE
REGULAR CITY COUNCIL MEETING
MINUTES
TUESDAY, NOVEMBER 28, 2023
CALL TO ORDER Maria del Pilar Avalos, Mayor called a Regular City Council Meeting to order to 7:58 p.m.
INVOCAanON Pastor Marta Moscoso, Faith and Hope Lutheran Church
PLEDGE OF
ALLEGIANCE Chris Jeffers, City Manager
ROLL CALL Sonia Guerrero, Recording Secretary
PRESENT Mayor Maria del Pilar Avalos, Vice Mayor Hurtado, 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. Salinas and Special Counsel Craig Hardwick ABSENT/EXCUSED Yodit Glaze, City Clerk
l
PROPERTY USE
ADMIN/PERMITS The City Council considered:
a. Conduct a public hearing, pursuant to South Gate Municipal Code Table 11.51-1 and Section 11.50.040 (B);
b. Consider accepting the determination that this matter is exempt from the California Environmental Quality Act;
C. Consider adopting the findings as outlined in City Council Resolution (Attachment A); and
d. Consider accepting Staffs strong recommendation to overturn the Planning Commission's decision to deny Conditional Use Permit No. 857, and to adopt City Council Resolution, issuing that Permit.
ALTERNATIVE ACTION:
e. Staff strongly recommends that the City Council take the action and adopt the Resolution specified in paragraph "d" above.
However, if the majority of the City Council chooses not to adopt that Resolution, then in order to establish a definitive record of the City Council's action on the matter, the City Council can express its decision to uphold the Planning Commission's decision to deny Conditional Use Permit No. 857 by adopting alternative City Council Resolution (Attachment B).
REGULAR CITY COUNCIL MEETING MINUTES OF NOVEMBER 28, 2023 I
PROPERTY USE ADMIN/
PERMITS CONT'D Yalini Siva, Senior Planner explained the appeal as well as the licenses and permits that were issued. She also explained the concerns of many regarding traffic congestion that would occur.
Tim Hou, Economic Development Policy for Amazon, demonstrated areas with existing locations of Amazon use and recognized their staff present for this council meeting. He explained the delivery station characteristics and how packages travel until delivered.
Jim Pew, Attorney representing Amazon, explained the administrative chronology and when Amazon began in that warehouse. He went over the South Gate Municipal Code that permits Amazon in the city as well as the justification for approval of Conditional Use Permit 857.
Mayor Avalos asked if anyone in the audience and zoom wished to speak on this item.
Bill, resident and business owner, voiced concerns on traffic congestion around the Amazon facility.
Silvia, resident, echoed concerns of their health and safety of having the warehouse in South Gate.
Kathy Mesa, resident, echoed the concerns of the traffic division and the pollution as well as damaged roads.
Rosalia, resident of Wood and Adella, echoed the traffic congestion and damaged roads.
ClaudiaAleman, resident, voiced her disagreement on having the Amazon facility.
Richard Lu echoed the traffic congestion that could potentially get worse.
Carlos, Resident, agreed with prior speaker on focusing on the light of the good and asks for Amazon to go through the right process.
Spencer, owner of the property of facility, explained that Amazon has been operating since 2019 and liow much they have invested in this community.
Irma Lopez, Cudahy Resident, voiced disagreement of Amazon facility due to environmental and health concerns.
Heruy Gonzalez voiced disagreement due to the traffic concerns that have not been looked over.
REGULAR CITY COUNCIL MEETING MINUTES OF NOVEMBER 28, 2023 1 PROPERTY USE ADMIN/
PERMITS CONT'D Mike, Business owner, echoed the traffic concerns and how much this location cannot add more vehicles.
Dana Williamson, employee on Rayo Ave, echoed her experience trying to get on to Firestone Blvd and how difficult it is.
Jeff Palmer, employee across from Amazon, expresses that this area is already at capacity.
Jorge Sanchez echoed concerns for the traffic congestion although agrees with the Amazon business.
Mario Dominguez voiced concerns that Amazon claims that they will not be expanding but expresses that it should be a contract.
Thomas Buckley explained legal rules on how council members are to be recused from voting on this item. He also expressed the safety issue as the fire station is located across the street and is concerned how fire trucks will be able to get through the traffic.
Enith Cardenas, resident, expressed that she has not encountered unusual traffic since Amazon started back in 2019.
Ms. Ruiz echoed the traffic concerns but voiced that there are other factors and not just this Amazon project.
Robert Montalvo echoed the traffic concerns and not doing a traffic study before approving this project. He states there should be driver logs because he has witnessed trucks at times outside of their delivery times.
Paula, resident, expressed how much opportunity and business Amazon has brought to the city.
Yuritzi, employee on Rayo Ave, voiced that she has not encountered any unusual traffic when she leaves her job and council should approve as it would benefit the city.
Having no one else come forward, Mayor Avalos closed the audience portion.
Mr. Pew reiterated that they have been in business for the past 3 years and are asking for approval for existing business to be conducted. There is no change in operations or change in the building. They explained that they have followed the city's process and followed the code.
REGULAR CITY COUNCIL MEETING MINUTES OF NOVEMBER 28, 2023 I
PROPERTY USE ADMIN/
PERMITS CONT'D Mr. Hou addressed the staiting wage and the benefits that Amazon provides to their employees. He also spoke on howAmazon created the Climate pledge to respond to environmental concerns.
Chris Jeffers, City Manager, confirmed that this operation is operating at the capacity that is limited by the CUP in front of council. He also explained how the traffic analysis works and they are projections as to what the traffic would look like.
Mayor Avalos asked for clarification of the SB 1439.
Raul F. Salinas, City Attorney, clarified what the speaker was asking about and explained that the Levine Act he was referring to came into effect January 1, 2023.
Vice Mayor Hurtado echoes the residents' concerns of the traffic congestion and expresses his support for the Planning Commission.
Council Member Barron asked why the permit for the CUP has not been used yet if it was issued 3 years ago and how far the packages are delivered to. He also asked how many delivery vans are currently offsite.
He followed if there is a speci'fic route that they follow. He explained that based on the questions, there is a lot of congestion on their route to Lynwood.
Mr. Pew explained that it takes infrastructure improvements to let the distribution facility exist and they need legal certainty before doing those completions.
Mr. Hou responded that it serves a radius of approximately 10 miles.
When checking the report, he reported there are 259 deliveries that are off- site from the current Rayo location. There is a predefined route that they follow but is specific to change.
Vice Mayor Hurtado asked how many delivery vans were making trips when they started in 2019.
Mr. Jeffers responded with 180 delivery vans.
Vice Mayor Hurtado responded by saying that this is why it is a concern due to the rise in delivery vans since that time.
Council Member Barron asked Art Cervantes if residents can make a left turn on the street exiting the Amazon facility.
REGULAR CITY COUNCIL MEETING MINUTES OF NOVEMBER 28, 2023 I
PROPERTY USE ADMI?SI/
PERMITS CONT'D Art Cervantez, Director of Public Works, that there is a legal left turn on that street.
Council Member Barron explained that other businesses will be expanding and that will add on to the congestion currently happening so the goal would be to fix the traffic issue.
Council Member Rios voiced that the delivery vans are rising due to the high demand of consumers. His main concerns are the traffic, but he understands that Amazon is in high demand. He would like the traffic study to take place before going forward with approval.
Mr. Pew clarified the delivery van numbers and the number of buffers they used. He stated that they will do whatever they need in order to comply.
Council Member Davila requested a 5-minute recess.
Council Member Davila asked Amazon how many electric delivery vans they currently have.
Mr. Hou stated that in order to have electric delivery vehicles, they would need the electric infrastructure which is put on hold until the city can move forward.
Council Member Davila continued by saying that the residents need to be heard with their concerns.
Mr. Pew explained that the fixtures of streets would be subsequent to the approval.
Mayor Avalos explained that had Amazon taken a different approach when joining the community then maybe the community would have a different perspective. She supports doing the traffic study before approving.
Mr. Salinas explained that because both sides agree that they can continue the appeal until the completion of a traffic report.
Mayor Avalos asked what the original proposal for the CUP of how many vehicles were going to be electric.
Mr. Hou stated that the intent of the project of electric delivery vans would be all of the delivery vans. The number of proposed delivery vans were 330 vans back in 2020.
Mr. Salinas explained the motion to continue the hearing to an indefinite date in order to have the traffic report completed.
REGULAR CITY COUNCIL MEETING MINUTES OF NOVEMBER 28, 2023 I
PROPERTY USE ADMIN/
PERMITS CONT'D Vice Mayor Hurtado motioned. Motion died for lack of support.
Council Member Barron asked if this is moved until the traffic report is completed, can the city put a timeline on when that needs to be completed by.
Mr. Salinas can provide a target date by when the traffic study would be completed and if not completed then an update can be provided to council about any delays.
Council Member Barron made a motion to move this hearing with a timeline provided by the city for the traffic report completion.
Mayor Avalos asked if it would be the same company that did the first traffic report.
Mr. Jeffers explained that it may not as it could be a conflict and it would probably start in the middle of January.
Mr. Salinas explained the timeline is typical if it needs to be accurate.
Mr. Salinas reiterated the motion to continue the hearing to an indefinite date made by the city in order to have the traffic report completed by the city. Moved by Council Member Barron and seconded by Council Member Davila.
Council Member Barron clarified that the traffic study will provide solutions to the traffic issues and ways to alleviate traffic.
Mayor Avalos added if tlie traffic report would allow Amazon to be able to remedy a lot of the unla'iown issues that will need to be going on the CUP.
Mr. Jeffers explained that Amazon would be making improvements based on that study.
Council Member Rios commented that the city was overseen by Amazon.
Mr. Jeffers explained that the city allowed applicants to do the study and the problem with that was that the consultant could not have been accurate. So, on major types of studies now, the applicant will deposit the money with the city and the city will hire and conduct the study.
Vice Mayor Hurtado thanked Mr. Jeffers for sharing.
REGULAR CITY COUNCIL MEETING MINUTES OF NOVEMBER 28, 2023 l
PROPERTY USE ADMIN/
PERMITS CONT'D ROLL CALL: Council Member Barron, yes; Council Member Davila, yes; Council Member Rios, yes; Vice Mayor Hurtado, No; Mayor Avalos, yes.
mLK-ON ITEM
(CLOSED SESSION) City Attorney, Raul F. Salinas spoke in regard to walk-on item. The city is one of a number of municipalities that are involved with multi-district litigation that they refer to as Pfas litigation. There are two major corporations that have proposed a class settlement. The purpose of going into discussion is to evaluate that settlement and to hear from the outside counsel. He mentioned that there is a deadline, and for that reason this discussion cannot take place in the next council meeting. He asked for a motion to be walked upon those two presentations and a roll call.
Mayor Avalos motioned to walk-on the item and seconded by Council Member Davila.
ROLL CALL: Council Member Barron, yes; Council Member Davila, yes; Council Member Rios, yes; Vice Mayor Hurtado, yes; Mayor Avalos, yes.
The Council Members recessed into Closed Session at 11:19 p.m. and reconvened at 11:40 p.m. with all Members of Council present. City Attorney Salinas reported the following:
City Attorney's Office received a call from outside counsel in Chicago regarding the matter. The city is involved in a class act lawsuit with a hundred other water providers. Counsel wanted to know if the city wanted to opt into the settlement. Due to the shortened deadline of December 1 s', this item was walked-on. He continued to explain that the council went into a closed session where a presentation was given by our outside lawyer, Mr. Taylor. A motion was made by Mayor Avalos and second by Vice Mayor Hurtado and the vote was 5-0, to opt into the settlement.
EXCUSED FROM
MEETING At this time, 11:36 p.m., Vice Mayor Hurtado was excused from the meeting and departed from the Council Chambers.
COMMENTS FROM THE
AUDIENCE (NON-AGENDA
ITEMS) Mario Dominguez expressed his concerns regarding the parking study. He later asked Mr. Salinas to clarify the case. He asked why this matter was not on the agenda.
REGULAR CITY COUNCIL MEETING MINUTES OF NOVEMBER 28, 2023
COMMENTS FROM THE
AUDIENCE (NON-AGENDA
ITEMS) CONT'D Armando Velasquez shared his gratitude for the council's hard work and support. However, he waxited to speak about his disapproval of the decision that was made not to have cameras in the council chambers during meetings. He mentioned that he had attended a neighboring city's council meeting and found that they had cameras.
Mario Dominguez explained his disproval of the motion that was passed against the cameras in the chambers. What is the public access fund for? Andrea Paulino asked what could be done for the property located at 5767 Imperial Hwy. She notes that she has contacted code enforcement of her concerns.
Mr. Montalvo stated that he is putting together a class-action lawsuit. He also wanted to ask where the 'funding went for the people who were overcharged. Lately, he stated that the agendas lack information. As a resident too, follows the meetings, he would appreciate more detailed information on the items.
Thomas Buckley spoke about some traffic light issues along the walking paths along southern between Long Beach Blvd and State St. He requested that the council extend the people's time to speak during the meeting.
REPORTS AND COMMENTS
FROMCITYOFFICIALS ParksandRecreationDirectorSteveCostlymentionedthattheRecreation Supervisor at the Girl's Club House, Paulina Davila, is retiring after serving our city for forty-two years.
CONSENTCALENDAR Agenda Items 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 were approved by motion of Council Member Rios and seconded by Council Member Davila.
ROLL CALL: Council Member Barron, yes; Council Member Davila, yes; Council Member Rios, yes; Vice Mayor Hurtado, excused; Mayor Avalos, yes.
2 PERSONNEL BENEFITS/
RETIREMENT ADMIN The City Council waived the reading in full and adopted Ordinance No. 2023-05-CC entitled Ordinance of the City Council of the City of South Gate, California, authorizing an amendment to the contract between the City and the Board of Administration of the California Public Employees' Retirement System implementing Section 20516 (Employees Sharing Additional Cost) to provide employee cost sharing of 1% for local Executives effective on December 31, 2023, during consent calendar.
REGULAR CITY COUNCIL MEETING MINUTES OF NOVEMBER 28, 2023 3 STREETS/SIDEWALKS/
LANDSCAPING The City Council made a finding and adopted Resolution No. 2023-80-CC entitled Resolution of the City Council of the City of South Gate, State of California, declaring an emergency still exists and authorizing repair, replacement or maintenance activities of public facilities related to the 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, was approved during consent calendar.
4 PERSONNEL ADMIN The City Council adopted Resolution No. 2023-81-CC entitled A Resolution of the City Council of the City of South Gate directing staff to amend the City's consolidated pay schedule to update the hourly pay rates for Intern, Recreation Leader I, Recreation Leader II, Recreation Leader III, Recreation Leader IV, and Student Worker to conform to the minimum wage law effective January 1, 2024, during consent calendar. 5 SOLID WASTE MGMT The City Council approved items A, B & C during consent calendar:
a. Amendment No. 5 to Contract No. 2021-70-CC with HF&H Consultants, LLC., to extend the contract term through June 30, 2024, and to provide solid waste management services in an amount not-to-exceed $60,000;
b. Appropriated $60,000 from the Refuse Fund balance to fund Amendment No. 5 to Contract No. 2021-70-CC; and
c. Authorized the Mayor to execute Amendment No. 5 to Contract No. 2021-70-CC in a form acceptable to the City Attorney. 6 HOLLYDALE PARK
ADMIN The City Council approved items A & B during consent calendar:
a. Amendment No. 2 to Contract No. 2022-77-CC with Z&K Consultants, Inc., to provide additional construction management and inspection services for the Hollydale Community Park Renovation, City Project No. 607-PRK, at a not to exceed cost of $74,816; and
b. Authorized the Mayor to execute Amendment No. 2 in a form acceptable to the City Attorney.
REGULAR CITY COUNCIL MEETING MINUTES OF NOVEMBER 28, 2023 7 STREETS/SIDEWALKS/
LANDSCAPING The City Council approved items A, B & C during consent calendar:
Contract Change Order No. 2 to Contract No. 2023-66-CC with WGJ Enterprises, Inc., dba PCI, to stripe additional crosswalks and pavement markings as a part of the Thermoplastic Striping of Streets Citywide, City Project No. 654-8T, in the amount of $56,600;
Transferred $30,000 in Measure M Funds from the Public Works Department, Streets Division Operating Budget to the Thermoplastic Striping of Streets Citywide, City Project No. 654- ST to fully fund the Project; and
Authorized the City Manager to execute Contract Change Order No. 2.
s
PARKS The City Council approved items A, B & C during consent calendar:
Change Order No. 1 in the amount of $36,075 to Contract No. 2023-58-AC with Executive Management Security Services; Change Order No. 2 in the amount of $43,290 to Contract No. 2023-58-AC with Executive Management Security Services; and Authorized the Director of Administrative Services to execute both Change Orders in a form acceptable to the City Attorney. 9 LAW ENFORCEMENT The City Council approved items A & B during consent calendar:
Agreement (ContractNo. 2023-162-CC) with Convergint Technologies, LLC., to replace security cameras in the amount of $97,248; and
Authorized the Mayor to execute the Agreement in a form acceptable to the City Attorney.
REGULAR CITY COUNCIL MEETING MINUTES OF NOVEMBER 28, 2023 LAW ENFORCEMENT The City Council approved items A, B & C during consent calendar:
Authorized utilization of the 2023-2024 Selective Traffic Enforcement Program ("STEP") Grant Funds in the amount of $130,000 for overtime, equipment, and training expenses; Amended the Fiscal Year 2023/24 Law Enforcement Grants Fund Budget by appropriating $123,132 for overtime salaries, $2,875 for equipment, and $3,993 for training expenses; and
Authorized the Chief of Police to execute the STEP Grant Agreement in a form acceptable to the City Attorney.
LAW ENFORCEMENT The City Council approved items A, B, C & D during consent calendar:
Authorized utilization of 2021 Homeland Security Grant Program Funds in the amount of $72,000 for law enforcement equipment to address civil unrest, crowd control and active shooters; Increased the Fiscal Year 2023/24 revenue projection in Account Number 232-541 (Law Enforcement Grants - Homeland Security Grant) to $72,000;
Amended the Fiscal Year 2023/24 Law Enforcement Grants Fund Budget by appropriating $72,000 to Account Number 232-541-21- 6204 (Law Enforcement Grants - Homeland Security Grant - Small Tools and Equipment); and
Authorized the City Manager to execute the State Homeland Security Grant Program Subrecipient Agreement (Contract No. 2023-163-CC) for Grant Year 2021.
12 DEEDS & EASEMENTS The City Council approved items A & B during consent calendar:
Accepted a Grant Deed from Aces Restaurant Corp, a California corporation, to secure right-of-way for street purposes as part of the development located 8012 Long Beach Boulevard, at no cost to the City; and
Authorized the Mayor to execute the Certificate of Acceptance in a form acceptable the City Attorney.
REGULAR CITY COUNCIL MEETING MINUTES OF NOVEMBER 28, 2023 13 HOMELESS SERVICES The City Council tabled receiving and filing a report on the South Gate 2023 Homeless Census Report by City Net to the City Council Meeting of January 23, 2024, by motion of Mayor Avalos and seconded by Council Member Rios.
ROLL CALL: Council Member Barron, yes; Council Member Davila, yes; Council Member Rios, yes; Vice Mayor Hurtado, excused; Mayor Avalos, yes.
14 WAR)RANTS AND
CANCELLATIONS The City Council approved the Warrants and Cancellations for November 28, 2023, by motion of Mayor Avalos and seconded by Council Member Davila:
Total of Checks:
Voids:
Total Payroll Deductions:
Grand Total:
Cancellations: 103079, 103587
$2,985,989.09
($ 48.18)
($ 417,987.20)
$2,567,953.71
ROLL CALL: Council Member Barron, yes; Council Member Davila, yes; Council Member Rios, yes; Vice Mayor Hurtado, excused; Mayor Avalos, yes.
ADJOURNMENT Council Member Davila adjourned the meeting in memory of all victims that have lost their lives due to the war happening half around the world at 10:05 p.m. and seconded by Council Member Rios.
PASSED and APPROVED this 9I'1 day of January 2024.
ATTEST:
)ti-
Gil Hurtado, Mayor Yodit aze, City Clerk