SOUTH GATE CITY COUNCIL REGULAR MEETING AGENDA
Tuesday, March 8, 2016 at 6:30 p.m.
I. Call to Order/Roll Call with Invocation & Pledge CALL TO ORDER Jorge Morales, Mayor Pastor Bobby Scott, Community Faith Bible INVOCATION Church PLEDGE OF Esther L. Perez, Ed.D., Executive Director of ALLEGIANCE Valiente Charter School ROLL CALL Carmen Avalos, City Clerk
II. City Officials MAYOR CITY CLERK Jorge Morales Carmen Avalos
VICE MAYOR CITY TREASURER W.H. (Bill) De Witt Gregory Martinez
COUNCIL MEMBERS CITY MANAGER Maria Belen Bernal Michael Flad Maria Davila Gil Hurtado CITY ATTORNEY Raul F. Salinas
III. Meeting Compensation Disclosure Pursuant to Government Code Section 54952.3: Disclosure of compensation for meeting attendance by City Council Members is $600 monthly regardless of the amount of meetings. IV. Proclamations, Certificates, Introductions and Ceremonial Actions
1. Introduction Of Esther L. Perez, Ed.D., Executive Director Of Valiente College Prep Charter School, Located At 8691 California Avenue In South Gate The City Council and the public will be introduced to Esther L. Perez, recently hired as the Executive Director of Valiente College Prep Charter School. (ADMIN)
Documents: ITEM 1 REPORT 03082016.PDF 2. Certificate Of Appreciation To South Gate Resident Edwin Saucedo In Recognition Of Becoming The New Student Body President For The University Of Southern California a. The City Council and the public will be introduced to Edwin Saucedo, resident of South Gate and newly elected Student Body President for the University of Southern California; and
b. The City Council will present Edwin Saucedo with a Certificate of Appreciation in recognition of his accomplishment. (ADMIN)
Documents: ITEM 2 REPORT 03082016.PDF 3. Certificates Of Appreciation To South Gate High, South Gate Middle And Southeast Middle School Students Who Completed The Students Run LA Marathon On February 14, 2016 The City Council will present Certificates of Appreciation to South Gate students who completed the Students Run LA Marathon on Sunday, February 14, 2016. (ADMIN)
Documents: ITEM 3 REPORT 03082016.PDF V. Public Hearings 4. Resolution Approving Conditional Use Permit No. 822 Allowing The Sale Of Beer And Wine For Off-Site Consumption For Freddy's Market Located At 3433 Tweedy Boulevard Will Be Continued To The Regularly Scheduled City Council Meeting Of July 12, 2016 The City Council will consider continuing the Public Hearing for consideration of Conditional Use Permit No. 822 to allow the sale of beer and wine for off-site consumption for Freddy's Market located at 3433 Tweedy Boulevard to the regularly scheduled City Council meeting of July 12, 2016. (CD)
Documents: ITEM 4 REPORT 03082016.PDF 5. Citizens Advisory Committee's List Of Recommended Projects And Funding Amounts To Be Appropriated From Community Development Block Grant Funds For Fiscal Year 2016-2017 The City Council will conduct a Public Hearing to consider: (CD)
a. Selecting and approving from the recommended Citizen Advisory Committee's list of proposed projects and allocations; and
b. Determining the amount to be appropriated per project from the $1,673,132 Community Development Block Grant funding for Fiscal Year 2016-2017.
Documents: ITEM 5 REPORT 03082016.PDF VI. Comments from the Audience During this time, members of the public and staff may address the City Council regarding any items within the subject matter jurisdiction of the City Council. Comments from the audience will be limited to five (5) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law.
Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt or interfere with the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section 1.04.110. VII. Reports and Comments From City Officials During this time, members of the City Council will report on matters pertaining to their service on various intergovenmental boards and commissions as a representative of the City pursuant to Assembly Bill 1234. City Council Members will also have an opportunity to comment on matters not on the agenda.
Following the City Council Members, reports and comments will be heard by the City Clerk, City Treasurer, City Manager and Department Heads. VIII. Consent Calendar Items Agenda Items 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 are consent Calendar Items. All items including Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action.
Any Motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate. 6. Resolution Amending Resolution No. 7666 Extending The Mandatory Water Conservation Measures Through November 8, 2016 The City Council will consider adopting a Resolution ______amending Resolution No. 7666 extending the mandatory water conservation measures through November 8, 2016 in compliance with Emergency Regulatory Action 2016-0203-01 EE approved by the State of California, Office of Administrative Law (OAL) under the guidance of the State Water Resources Control Board. (PW)
Documents: ITEM 6 REPORT 03082016.PDF 7. Amendment No. 2 To Contract No. 2604, Second Amendment With LAUSD For Additional Public Improvements Benefiting The Community And Legacy High School The City Council will consider: (PW)
a. Approving the Amendment No. 2 to Contract No. 2604, Second Amendment to the Memorandum of Understanding and Public Improvements Agreement with LAUSD (LAUSD South Region High School #9), to secure $425,000 from LAUSD to fund certain additional Public Improvements that benefit both the community and Legacy High School; and
b. Appropriating $75,000 in Gas Tax Funds to a new account number to be assigned by Administrative Services/Finance; and
c. Authorizing the Mayor to execute the Second Amendment in a form acceptable to the City Attorney and Special Counsel.
Documents: ITEM 7 REPORT 03082016.PDF 8. Agreement With EnerNOC, Inc., Securing Services Needed To Participate In Southern California Edison's Energy Management Through Demand Response Program The City Council will consider: (PW)
a. Approving an Agreement (Contract ______) with EnerNOC, Inc., at no cost to the City, securing services needed to participate in Southern California Edison's Energy Management Through Demand Response Program (Program); and
b. Appropriating any incentive funds received from the Program to the Water Energy Savings, Grants and Reimbursement Account (Account No. 411-731-71-4907) to be utilized for maintenance of the City's water system; and
c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents: ITEM 8 REPORT 03082016.PDF 9. Amendment No. 1 To Contract No. 3069 With Vali Cooper & Associates, Inc., Adding Construction Management And Inspection Services For The Miller Way Street Improvements Project The City Council will consider: (PW)
a. Approving Amendment No.1 to Contract No. 3069 with Vali Cooper & Associates, Inc., to add Construction Management and Inspection Services for the Miller Way Street Improvement Project from Garfield Avenue to I-710 Undercrossing, City Project No. 454-ST, in an amount not to exceed $26,447; and
b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
Documents: ITEM 9 REPORT 03082016.PDF 10. Agreement With The Los Angeles County Flood Control District For Construction, Operation, Maintenance And Use Of Property Known As The East Compton Creek Drainage System No. 1 For Landscaping Improvements As Part Of The Firestone/Atlantic Intersection Improvements The City Council will consider: (PW)
a. Approving a Use Agreement (Contract ______) with Los Angeles County Flood Control District (County) for the construction, operation, maintenance and use of the property known as the East Compton Creek Drainage System No. 1 - Parcel 3, Assessor's No. 6216-009- 900, to accommodate the landscaping improvements that were a part of the Firestone Boulevard/Atlantic Avenue Phase 2 Intersection Improvement Project; and
b. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents: ITEM 10 REPORT 03082016.PDF 11. Agreement With National Auto Fleet Group For The Purchase Of Four Police Pursuit Vehicles And The Required Emergency Equipment To Outfit The Vehicles; And Appropriation Of Funds The City Council will consider: (PD)
a. Approving an Agreement (Contract ______) with National Auto Fleet Group for the purchase of four Police pursuit vehicles and the required emergency equipment to outfit the vehicles for a total amount not to exceed $169,489.82; and
b. Appropriating $43,573.84 from the unassigned Asset Seizure fund balance to Account No. 235-570-21-9005 to purchase the emergency equipment; and
c. Authorizing the Director of Administrative Services, or her designee, to purchase the vehicles and emergency equipment; and
d. Authorizing the Chief of Police to act as agent for the City under the Agreement and to execute any subsequent documents on behalf of the City as required, in forms acceptable to the City Attorney.
Documents: ITEM 11 REPORT 03082016.PDF 12. Amendment No. 1 To Contract No. 3094, MOU With The South Gate Division Management Association The City Council will consider: (ADMIN SERVICES)
a. Approving Amendment No. 1 to Contract No. 3094, the 2014-15 Memorandum of Understanding (MOU) between the City of South Gate and the South Gate Division Management Association (DMA);
b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
Documents: ITEM 12 REPORT 03082016.PDF 13. Response To The Civil Grand Jury Interim Report 2015-2016 Inadequate El Nino Planning For County Homeless Population The City Council will consider approving the response to the Civil Grand Jury Interim Report 2015-2016 Inadequate El Nino Planning for County Homeless Population and direct staff to submit the City's response as directed on or before the due date of March 29, 2016. (PARKS)
Documents: ITEM 13 REPORT 03082016.PDF 14. City's Annual Statement Of Investment Policy The City Council will consider adopting the City's Annual Statement of Investment Policy. (ADMIN SERVICES)
Documents: ITEM 14 REPORT 03082016.PDF 15. Quarterly Investment Report For The Quarter Ended December 31, 2015 The City Council will consider receiving and filing the Quarterly Investment Report for the quarter ended December 31, 2015. (ADMIN SERVICES)
Documents: ITEM 15 REPORT 03082016.PDF 16. Report Regarding The Conversion Of Gardendale Street From Garfield Avenue To The East City Limit To Accommodate A Road Diet In Accordance With The City's Bicycle Transportation Plan As Part Of The Gardendale Street Pavement Rehabilitation Project The City Council will consider receiving and filing a report regarding the conversion of Gardendale Street, from Garfield Avenue to the East City Limit, to accommodate a road diet in accordance with the City's Bicycle Transportation Plan as a part of the Gardendale Street Pavement Rehabilitation Project. (PW)
Documents: ITEM 16 REPORT 03082016.PDF 17. Special And Regular City Council Meeting Minutes Of January 12 And 26, 2016 The City Council will consider: (CLERK)
a. Approving the Special and Regular Meeting minutes of January 12, 2016;
b. Approving the Special and Regular Meeting minutes of January 26, 2016.
Documents: ITEM 17 REPORT 03082016.PDF IX. Reports, Recommendations and Requests 18. Report Regarding The Reduction Of Street Sweeping Parking Restrictions Citywide From 8.5 Hours To 5 Hours; And Appropriation Of Funds The City Council will consider: (PW)
a. Receiving and filing a report from the Director of Public Works/City Engineer regarding the reduction of street sweeping parking restrictions Citywide from 8.5 hours to 5 hours; and
b. Appropriating $150,000 in General Funds to replace and modify 6,000 street sweeping parking signs Citywide necessary to reduce the parking restrictions from 8.5 hours to five hours (Alternative 1).
Documents: ITEM 18 REPORT 03082016.PDF 19. Aztlan Foundation's Report Of The 2015 Jingle Road Run 5K/10K And Presentation Of Two Donation Checks To South Gate Police Activities League And Friends Of South Gate Parks The City Council will consider allowing Aztlan Foundation representatives to provide a brief report on the 2015 Jingle Road Run 5K/10K and present two donation checks to South Gate Police Activities League and the Friends of South Gate Parks. (PARKS)
Documents: ITEM 19 REPORT 03082016.PDF 20. Warrant Register For March 8, 2016 The City Council will consider approving the Warrants for March 8, 2016. (ADMIN SERVICES)
Total of Checks: $2,136,243.00 Voids: $ 0.00 Total of Payroll Deductions: $ (264,657.31) Grand Total: $1,871,585.69
Documents: ITEM 20 REPORT 03082016.PDF X. Adjournment I, Carmen Avalos, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted March 3, 2016, at 10:00 a.m., as required by law.
Carmen Avalos, City Clerk
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office
8650 California Avenue, South Gate, California 90280 (323) 563-9510 * fax (323) 563-5411 * www.cityofsouthgate.org
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk.
Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. SOUTH GATE CITY COUNCIL REGULAR MEETING AGENDA
Tuesday, March 8, 2016 at 6:30 p.m.
I. Call to Order/Roll Call with Invocation & Pledge CALL TO ORDER Jorge Morales, Mayor Pastor Bobby Scott, Community Faith Bible INVOCATION Church PLEDGE OF Esther L. Perez, Ed.D., Executive Director of ALLEGIANCE Valiente Charter School ROLL CALL Carmen Avalos, City Clerk
II. City Officials MAYOR CITY CLERK Jorge Morales Carmen Avalos
VICE MAYOR CITY TREASURER W.H. (Bill) De Witt Gregory Martinez
COUNCIL MEMBERS CITY MANAGER Maria Belen Bernal Michael Flad Maria Davila Gil Hurtado CITY ATTORNEY Raul F. Salinas
III. Meeting Compensation Disclosure Pursuant to Government Code Section 54952.3: Disclosure of compensation for meeting attendance by City Council Members is $600 monthly regardless of the amount of meetings. IV. Proclamations, Certificates, Introductions and Ceremonial Actions
1. Introduction Of Esther L. Perez, Ed.D., Executive Director Of Valiente College Prep Charter School, Located At 8691 California Avenue In South Gate The City Council and the public will be introduced to Esther L. Perez, recently hired as the Executive Director of Valiente College Prep Charter School. (ADMIN)
Documents: ITEM 1 REPORT 03082016.PDF 2. Certificate Of Appreciation To South Gate Resident Edwin Saucedo In Recognition Of Becoming The New Student Body President For The University Of Southern California a. The City Council and the public will be introduced to Edwin Saucedo, resident of South Gate and newly elected Student Body President for the University of Southern California; and
b. The City Council will present Edwin Saucedo with a Certificate of Appreciation in recognition of his accomplishment. (ADMIN)
Documents: ITEM 2 REPORT 03082016.PDF 3. Certificates Of Appreciation To South Gate High, South Gate Middle And Southeast Middle School Students Who Completed The Students Run LA Marathon On February 14, 2016 The City Council will present Certificates of Appreciation to South Gate students who completed the Students Run LA Marathon on Sunday, February 14, 2016. (ADMIN)
Documents: ITEM 3 REPORT 03082016.PDF V. Public Hearings 4. Resolution Approving Conditional Use Permit No. 822 Allowing The Sale Of Beer And Wine For Off-Site Consumption For Freddy's Market Located At 3433 Tweedy Boulevard Will Be Continued To The Regularly Scheduled City Council Meeting Of July 12, 2016 The City Council will consider continuing the Public Hearing for consideration of Conditional Use Permit No. 822 to allow the sale of beer and wine for off-site consumption for Freddy's Market located at 3433 Tweedy Boulevard to the regularly scheduled City Council meeting of July 12, 2016. (CD)
Documents: ITEM 4 REPORT 03082016.PDF 5. Citizens Advisory Committee's List Of Recommended Projects And Funding Amounts To Be Appropriated From Community Development Block Grant Funds For Fiscal Year 2016-2017 The City Council will conduct a Public Hearing to consider: (CD)
a. Selecting and approving from the recommended Citizen Advisory Committee's list of proposed projects and allocations; and
b. Determining the amount to be appropriated per project from the $1,673,132 Community Development Block Grant funding for Fiscal Year 2016-2017.
Documents: ITEM 5 REPORT 03082016.PDF VI. Comments from the Audience During this time, members of the public and staff may address the City Council regarding any items within the subject matter jurisdiction of the City Council. Comments from the audience will be limited to five (5) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law.
Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt or interfere with the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section 1.04.110. VII. Reports and Comments From City Officials During this time, members of the City Council will report on matters pertaining to their service on various intergovenmental boards and commissions as a representative of the City pursuant to Assembly Bill 1234. City Council Members will also have an opportunity to comment on matters not on the agenda.
Following the City Council Members, reports and comments will be heard by the City Clerk, City Treasurer, City Manager and Department Heads. VIII. Consent Calendar Items Agenda Items 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 are consent Calendar Items. All items including Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action.
Any Motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate. 6. Resolution Amending Resolution No. 7666 Extending The Mandatory Water Conservation Measures Through November 8, 2016 The City Council will consider adopting a Resolution ______amending Resolution No. 7666 extending the mandatory water conservation measures through November 8, 2016 in compliance with Emergency Regulatory Action 2016-0203-01 EE approved by the State of California, Office of Administrative Law (OAL) under the guidance of the State Water Resources Control Board. (PW)
Documents: ITEM 6 REPORT 03082016.PDF 7. Amendment No. 2 To Contract No. 2604, Second Amendment With LAUSD For Additional Public Improvements Benefiting The Community And Legacy High School The City Council will consider: (PW)
a. Approving the Amendment No. 2 to Contract No. 2604, Second Amendment to the Memorandum of Understanding and Public Improvements Agreement with LAUSD (LAUSD South Region High School #9), to secure $425,000 from LAUSD to fund certain additional Public Improvements that benefit both the community and Legacy High School; and
b. Appropriating $75,000 in Gas Tax Funds to a new account number to be assigned by Administrative Services/Finance; and
c. Authorizing the Mayor to execute the Second Amendment in a form acceptable to the City Attorney and Special Counsel.
Documents: ITEM 7 REPORT 03082016.PDF 8. Agreement With EnerNOC, Inc., Securing Services Needed To Participate In Southern California Edison's Energy Management Through Demand Response Program The City Council will consider: (PW)
a. Approving an Agreement (Contract ______) with EnerNOC, Inc., at no cost to the City, securing services needed to participate in Southern California Edison's Energy Management Through Demand Response Program (Program); and
b. Appropriating any incentive funds received from the Program to the Water Energy Savings, Grants and Reimbursement Account (Account No. 411-731-71-4907) to be utilized for maintenance of the City's water system; and
c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents: ITEM 8 REPORT 03082016.PDF 9. Amendment No. 1 To Contract No. 3069 With Vali Cooper & Associates, Inc., Adding Construction Management And Inspection Services For The Miller Way Street Improvements Project The City Council will consider: (PW)
a. Approving Amendment No.1 to Contract No. 3069 with Vali Cooper & Associates, Inc., to add Construction Management and Inspection Services for the Miller Way Street Improvement Project from Garfield Avenue to I-710 Undercrossing, City Project No. 454-ST, in an amount not to exceed $26,447; and
b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
Documents: ITEM 9 REPORT 03082016.PDF 10. Agreement With The Los Angeles County Flood Control District For Construction, Operation, Maintenance And Use Of Property Known As The East Compton Creek Drainage System No. 1 For Landscaping Improvements As Part Of The Firestone/Atlantic Intersection Improvements The City Council will consider: (PW)
a. Approving a Use Agreement (Contract ______) with Los Angeles County Flood Control District (County) for the construction, operation, maintenance and use of the property known as the East Compton Creek Drainage System No. 1 - Parcel 3, Assessor's No. 6216-009- 900, to accommodate the landscaping improvements that were a part of the Firestone Boulevard/Atlantic Avenue Phase 2 Intersection Improvement Project; and
b. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents: ITEM 10 REPORT 03082016.PDF 11. Agreement With National Auto Fleet Group For The Purchase Of Four Police Pursuit Vehicles And The Required Emergency Equipment To Outfit The Vehicles; And Appropriation Of Funds The City Council will consider: (PD)
a. Approving an Agreement (Contract ______) with National Auto Fleet Group for the purchase of four Police pursuit vehicles and the required emergency equipment to outfit the vehicles for a total amount not to exceed $169,489.82; and
b. Appropriating $43,573.84 from the unassigned Asset Seizure fund balance to Account No. 235-570-21-9005 to purchase the emergency equipment; and
c. Authorizing the Director of Administrative Services, or her designee, to purchase the vehicles and emergency equipment; and
d. Authorizing the Chief of Police to act as agent for the City under the Agreement and to execute any subsequent documents on behalf of the City as required, in forms acceptable to the City Attorney.
Documents: ITEM 11 REPORT 03082016.PDF 12. Amendment No. 1 To Contract No. 3094, MOU With The South Gate Division Management Association The City Council will consider: (ADMIN SERVICES)
a. Approving Amendment No. 1 to Contract No. 3094, the 2014-15 Memorandum of Understanding (MOU) between the City of South Gate and the South Gate Division Management Association (DMA);
b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
Documents: ITEM 12 REPORT 03082016.PDF 13. Response To The Civil Grand Jury Interim Report 2015-2016 Inadequate El Nino Planning For County Homeless Population The City Council will consider approving the response to the Civil Grand Jury Interim Report 2015-2016 Inadequate El Nino Planning for County Homeless Population and direct staff to submit the City's response as directed on or before the due date of March 29, 2016. (PARKS)
Documents: ITEM 13 REPORT 03082016.PDF 14. City's Annual Statement Of Investment Policy The City Council will consider adopting the City's Annual Statement of Investment Policy. (ADMIN SERVICES)
Documents: ITEM 14 REPORT 03082016.PDF 15. Quarterly Investment Report For The Quarter Ended December 31, 2015 The City Council will consider receiving and filing the Quarterly Investment Report for the quarter ended December 31, 2015. (ADMIN SERVICES)
Documents: ITEM 15 REPORT 03082016.PDF 16. Report Regarding The Conversion Of Gardendale Street From Garfield Avenue To The East City Limit To Accommodate A Road Diet In Accordance With The City's Bicycle Transportation Plan As Part Of The Gardendale Street Pavement Rehabilitation Project The City Council will consider receiving and filing a report regarding the conversion of Gardendale Street, from Garfield Avenue to the East City Limit, to accommodate a road diet in accordance with the City's Bicycle Transportation Plan as a part of the Gardendale Street Pavement Rehabilitation Project. (PW)
Documents: ITEM 16 REPORT 03082016.PDF 17. Special And Regular City Council Meeting Minutes Of January 12 And 26, 2016 The City Council will consider: (CLERK)
a. Approving the Special and Regular Meeting minutes of January 12, 2016;
b. Approving the Special and Regular Meeting minutes of January 26, 2016.
Documents: ITEM 17 REPORT 03082016.PDF IX. Reports, Recommendations and Requests 18. Report Regarding The Reduction Of Street Sweeping Parking Restrictions Citywide From 8.5 Hours To 5 Hours; And Appropriation Of Funds The City Council will consider: (PW)
a. Receiving and filing a report from the Director of Public Works/City Engineer regarding the reduction of street sweeping parking restrictions Citywide from 8.5 hours to 5 hours; and
b. Appropriating $150,000 in General Funds to replace and modify 6,000 street sweeping parking signs Citywide necessary to reduce the parking restrictions from 8.5 hours to five hours (Alternative 1).
Documents: ITEM 18 REPORT 03082016.PDF 19. Aztlan Foundation's Report Of The 2015 Jingle Road Run 5K/10K And Presentation Of Two Donation Checks To South Gate Police Activities League And Friends Of South Gate Parks The City Council will consider allowing Aztlan Foundation representatives to provide a brief report on the 2015 Jingle Road Run 5K/10K and present two donation checks to South Gate Police Activities League and the Friends of South Gate Parks. (PARKS)
Documents: ITEM 19 REPORT 03082016.PDF 20. Warrant Register For March 8, 2016 The City Council will consider approving the Warrants for March 8, 2016. (ADMIN SERVICES)
Total of Checks: $2,136,243.00 Voids: $ 0.00 Total of Payroll Deductions: $ (264,657.31) Grand Total: $1,871,585.69
Documents: ITEM 20 REPORT 03082016.PDF X. Adjournment I, Carmen Avalos, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted March 3, 2016, at 10:00 a.m., as required by law.
Carmen Avalos, City Clerk
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office
8650 California Avenue, South Gate, California 90280 (323) 563-9510 * fax (323) 563-5411 * www.cityofsouthgate.org
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk.
Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. SOUTH GATE CITY COUNCIL REGULAR MEETING AGENDA
Tuesday, March 8, 2016 at 6:30 p.m.
I. Call to Order/Roll Call with Invocation & Pledge CALL TO ORDER Jorge Morales, Mayor Pastor Bobby Scott, Community Faith Bible INVOCATION Church PLEDGE OF Esther L. Perez, Ed.D., Executive Director of ALLEGIANCE Valiente Charter School ROLL CALL Carmen Avalos, City Clerk
II. City Officials MAYOR CITY CLERK Jorge Morales Carmen Avalos
VICE MAYOR CITY TREASURER W.H. (Bill) De Witt Gregory Martinez
COUNCIL MEMBERS CITY MANAGER Maria Belen Bernal Michael Flad Maria Davila Gil Hurtado CITY ATTORNEY Raul F. Salinas
III. Meeting Compensation Disclosure Pursuant to Government Code Section 54952.3: Disclosure of compensation for meeting attendance by City Council Members is $600 monthly regardless of the amount of meetings. IV. Proclamations, Certificates, Introductions and Ceremonial Actions
1. Introduction Of Esther L. Perez, Ed.D., Executive Director Of Valiente College Prep Charter School, Located At 8691 California Avenue In South Gate The City Council and the public will be introduced to Esther L. Perez, recently hired as the Executive Director of Valiente College Prep Charter School. (ADMIN)
Documents: ITEM 1 REPORT 03082016.PDF 2. Certificate Of Appreciation To South Gate Resident Edwin Saucedo In Recognition Of Becoming The New Student Body President For The University Of Southern California a. The City Council and the public will be introduced to Edwin Saucedo, resident of South Gate and newly elected Student Body President for the University of Southern California; and
b. The City Council will present Edwin Saucedo with a Certificate of Appreciation in recognition of his accomplishment. (ADMIN)
Documents: ITEM 2 REPORT 03082016.PDF 3. Certificates Of Appreciation To South Gate High, South Gate Middle And Southeast Middle School Students Who Completed The Students Run LA Marathon On February 14, 2016 The City Council will present Certificates of Appreciation to South Gate students who completed the Students Run LA Marathon on Sunday, February 14, 2016. (ADMIN)
Documents: ITEM 3 REPORT 03082016.PDF V. Public Hearings 4. Resolution Approving Conditional Use Permit No. 822 Allowing The Sale Of Beer And Wine For Off-Site Consumption For Freddy's Market Located At 3433 Tweedy Boulevard Will Be Continued To The Regularly Scheduled City Council Meeting Of July 12, 2016 The City Council will consider continuing the Public Hearing for consideration of Conditional Use Permit No. 822 to allow the sale of beer and wine for off-site consumption for Freddy's Market located at 3433 Tweedy Boulevard to the regularly scheduled City Council meeting of July 12, 2016. (CD)
Documents: ITEM 4 REPORT 03082016.PDF 5. Citizens Advisory Committee's List Of Recommended Projects And Funding Amounts To Be Appropriated From Community Development Block Grant Funds For Fiscal Year 2016-2017 The City Council will conduct a Public Hearing to consider: (CD)
a. Selecting and approving from the recommended Citizen Advisory Committee's list of proposed projects and allocations; and
b. Determining the amount to be appropriated per project from the $1,673,132 Community Development Block Grant funding for Fiscal Year 2016-2017.
Documents: ITEM 5 REPORT 03082016.PDF VI. Comments from the Audience During this time, members of the public and staff may address the City Council regarding any items within the subject matter jurisdiction of the City Council. Comments from the audience will be limited to five (5) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law.
Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt or interfere with the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section 1.04.110. VII. Reports and Comments From City Officials During this time, members of the City Council will report on matters pertaining to their service on various intergovenmental boards and commissions as a representative of the City pursuant to Assembly Bill 1234. City Council Members will also have an opportunity to comment on matters not on the agenda.
Following the City Council Members, reports and comments will be heard by the City Clerk, City Treasurer, City Manager and Department Heads. VIII. Consent Calendar Items Agenda Items 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 are consent Calendar Items. All items including Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action.
Any Motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate. 6. Resolution Amending Resolution No. 7666 Extending The Mandatory Water Conservation Measures Through November 8, 2016 The City Council will consider adopting a Resolution ______amending Resolution No. 7666 extending the mandatory water conservation measures through November 8, 2016 in compliance with Emergency Regulatory Action 2016-0203-01 EE approved by the State of California, Office of Administrative Law (OAL) under the guidance of the State Water Resources Control Board. (PW)
Documents: ITEM 6 REPORT 03082016.PDF 7. Amendment No. 2 To Contract No. 2604, Second Amendment With LAUSD For Additional Public Improvements Benefiting The Community And Legacy High School The City Council will consider: (PW)
a. Approving the Amendment No. 2 to Contract No. 2604, Second Amendment to the Memorandum of Understanding and Public Improvements Agreement with LAUSD (LAUSD South Region High School #9), to secure $425,000 from LAUSD to fund certain additional Public Improvements that benefit both the community and Legacy High School; and
b. Appropriating $75,000 in Gas Tax Funds to a new account number to be assigned by Administrative Services/Finance; and
c. Authorizing the Mayor to execute the Second Amendment in a form acceptable to the City Attorney and Special Counsel.
Documents: ITEM 7 REPORT 03082016.PDF 8. Agreement With EnerNOC, Inc., Securing Services Needed To Participate In Southern California Edison's Energy Management Through Demand Response Program The City Council will consider: (PW)
a. Approving an Agreement (Contract ______) with EnerNOC, Inc., at no cost to the City, securing services needed to participate in Southern California Edison's Energy Management Through Demand Response Program (Program); and
b. Appropriating any incentive funds received from the Program to the Water Energy Savings, Grants and Reimbursement Account (Account No. 411-731-71-4907) to be utilized for maintenance of the City's water system; and
c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents: ITEM 8 REPORT 03082016.PDF 9. Amendment No. 1 To Contract No. 3069 With Vali Cooper & Associates, Inc., Adding Construction Management And Inspection Services For The Miller Way Street Improvements Project The City Council will consider: (PW)
a. Approving Amendment No.1 to Contract No. 3069 with Vali Cooper & Associates, Inc., to add Construction Management and Inspection Services for the Miller Way Street Improvement Project from Garfield Avenue to I-710 Undercrossing, City Project No. 454-ST, in an amount not to exceed $26,447; and
b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
Documents: ITEM 9 REPORT 03082016.PDF 10. Agreement With The Los Angeles County Flood Control District For Construction, Operation, Maintenance And Use Of Property Known As The East Compton Creek Drainage System No. 1 For Landscaping Improvements As Part Of The Firestone/Atlantic Intersection Improvements The City Council will consider: (PW)
a. Approving a Use Agreement (Contract ______) with Los Angeles County Flood Control District (County) for the construction, operation, maintenance and use of the property known as the East Compton Creek Drainage System No. 1 - Parcel 3, Assessor's No. 6216-009- 900, to accommodate the landscaping improvements that were a part of the Firestone Boulevard/Atlantic Avenue Phase 2 Intersection Improvement Project; and
b. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents: ITEM 10 REPORT 03082016.PDF 11. Agreement With National Auto Fleet Group For The Purchase Of Four Police Pursuit Vehicles And The Required Emergency Equipment To Outfit The Vehicles; And Appropriation Of Funds The City Council will consider: (PD)
a. Approving an Agreement (Contract ______) with National Auto Fleet Group for the purchase of four Police pursuit vehicles and the required emergency equipment to outfit the vehicles for a total amount not to exceed $169,489.82; and
b. Appropriating $43,573.84 from the unassigned Asset Seizure fund balance to Account No. 235-570-21-9005 to purchase the emergency equipment; and
c. Authorizing the Director of Administrative Services, or her designee, to purchase the vehicles and emergency equipment; and
d. Authorizing the Chief of Police to act as agent for the City under the Agreement and to execute any subsequent documents on behalf of the City as required, in forms acceptable to the City Attorney.
Documents: ITEM 11 REPORT 03082016.PDF 12. Amendment No. 1 To Contract No. 3094, MOU With The South Gate Division Management Association The City Council will consider: (ADMIN SERVICES)
a. Approving Amendment No. 1 to Contract No. 3094, the 2014-15 Memorandum of Understanding (MOU) between the City of South Gate and the South Gate Division Management Association (DMA);
b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
Documents: ITEM 12 REPORT 03082016.PDF 13. Response To The Civil Grand Jury Interim Report 2015-2016 Inadequate El Nino Planning For County Homeless Population The City Council will consider approving the response to the Civil Grand Jury Interim Report 2015-2016 Inadequate El Nino Planning for County Homeless Population and direct staff to submit the City's response as directed on or before the due date of March 29, 2016. (PARKS)
Documents: ITEM 13 REPORT 03082016.PDF 14. City's Annual Statement Of Investment Policy The City Council will consider adopting the City's Annual Statement of Investment Policy. (ADMIN SERVICES)
Documents: ITEM 14 REPORT 03082016.PDF 15. Quarterly Investment Report For The Quarter Ended December 31, 2015 The City Council will consider receiving and filing the Quarterly Investment Report for the quarter ended December 31, 2015. (ADMIN SERVICES)
Documents: ITEM 15 REPORT 03082016.PDF 16. Report Regarding The Conversion Of Gardendale Street From Garfield Avenue To The East City Limit To Accommodate A Road Diet In Accordance With The City's Bicycle Transportation Plan As Part Of The Gardendale Street Pavement Rehabilitation Project The City Council will consider receiving and filing a report regarding the conversion of Gardendale Street, from Garfield Avenue to the East City Limit, to accommodate a road diet in accordance with the City's Bicycle Transportation Plan as a part of the Gardendale Street Pavement Rehabilitation Project. (PW)
Documents: ITEM 16 REPORT 03082016.PDF 17. Special And Regular City Council Meeting Minutes Of January 12 And 26, 2016 The City Council will consider: (CLERK)
a. Approving the Special and Regular Meeting minutes of January 12, 2016;
b. Approving the Special and Regular Meeting minutes of January 26, 2016.
Documents: ITEM 17 REPORT 03082016.PDF IX. Reports, Recommendations and Requests 18. Report Regarding The Reduction Of Street Sweeping Parking Restrictions Citywide From 8.5 Hours To 5 Hours; And Appropriation Of Funds The City Council will consider: (PW)
a. Receiving and filing a report from the Director of Public Works/City Engineer regarding the reduction of street sweeping parking restrictions Citywide from 8.5 hours to 5 hours; and
b. Appropriating $150,000 in General Funds to replace and modify 6,000 street sweeping parking signs Citywide necessary to reduce the parking restrictions from 8.5 hours to five hours (Alternative 1).
Documents: ITEM 18 REPORT 03082016.PDF 19. Aztlan Foundation's Report Of The 2015 Jingle Road Run 5K/10K And Presentation Of Two Donation Checks To South Gate Police Activities League And Friends Of South Gate Parks The City Council will consider allowing Aztlan Foundation representatives to provide a brief report on the 2015 Jingle Road Run 5K/10K and present two donation checks to South Gate Police Activities League and the Friends of South Gate Parks. (PARKS)
Documents: ITEM 19 REPORT 03082016.PDF 20. Warrant Register For March 8, 2016 The City Council will consider approving the Warrants for March 8, 2016. (ADMIN SERVICES)
Total of Checks: $2,136,243.00 Voids: $ 0.00 Total of Payroll Deductions: $ (264,657.31) Grand Total: $1,871,585.69
Documents: ITEM 20 REPORT 03082016.PDF X. Adjournment I, Carmen Avalos, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted March 3, 2016, at 10:00 a.m., as required by law.
Carmen Avalos, City Clerk
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office
8650 California Avenue, South Gate, California 90280 (323) 563-9510 * fax (323) 563-5411 * www.cityofsouthgate.org
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk.
Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. SOUTH GATE CITY COUNCIL REGULAR MEETING AGENDA
Tuesday, March 8, 2016 at 6:30 p.m.
I. Call to Order/Roll Call with Invocation & Pledge CALL TO ORDER Jorge Morales, Mayor Pastor Bobby Scott, Community Faith Bible INVOCATION Church PLEDGE OF Esther L. Perez, Ed.D., Executive Director of ALLEGIANCE Valiente Charter School ROLL CALL Carmen Avalos, City Clerk
II. City Officials MAYOR CITY CLERK Jorge Morales Carmen Avalos
VICE MAYOR CITY TREASURER W.H. (Bill) De Witt Gregory Martinez
COUNCIL MEMBERS CITY MANAGER Maria Belen Bernal Michael Flad Maria Davila Gil Hurtado CITY ATTORNEY Raul F. Salinas
III. Meeting Compensation Disclosure Pursuant to Government Code Section 54952.3: Disclosure of compensation for meeting attendance by City Council Members is $600 monthly regardless of the amount of meetings. IV. Proclamations, Certificates, Introductions and Ceremonial Actions
1. Introduction Of Esther L. Perez, Ed.D., Executive Director Of Valiente College Prep Charter School, Located At 8691 California Avenue In South Gate The City Council and the public will be introduced to Esther L. Perez, recently hired as the Executive Director of Valiente College Prep Charter School. (ADMIN)
Documents: ITEM 1 REPORT 03082016.PDF 2. Certificate Of Appreciation To South Gate Resident Edwin Saucedo In Recognition Of Becoming The New Student Body President For The University Of Southern California a. The City Council and the public will be introduced to Edwin Saucedo, resident of South Gate and newly elected Student Body President for the University of Southern California; and
b. The City Council will present Edwin Saucedo with a Certificate of Appreciation in recognition of his accomplishment. (ADMIN)
Documents: ITEM 2 REPORT 03082016.PDF 3. Certificates Of Appreciation To South Gate High, South Gate Middle And Southeast Middle School Students Who Completed The Students Run LA Marathon On February 14, 2016 The City Council will present Certificates of Appreciation to South Gate students who completed the Students Run LA Marathon on Sunday, February 14, 2016. (ADMIN)
Documents: ITEM 3 REPORT 03082016.PDF V. Public Hearings 4. Resolution Approving Conditional Use Permit No. 822 Allowing The Sale Of Beer And Wine For Off-Site Consumption For Freddy's Market Located At 3433 Tweedy Boulevard Will Be Continued To The Regularly Scheduled City Council Meeting Of July 12, 2016 The City Council will consider continuing the Public Hearing for consideration of Conditional Use Permit No. 822 to allow the sale of beer and wine for off-site consumption for Freddy's Market located at 3433 Tweedy Boulevard to the regularly scheduled City Council meeting of July 12, 2016. (CD)
Documents: ITEM 4 REPORT 03082016.PDF 5. Citizens Advisory Committee's List Of Recommended Projects And Funding Amounts To Be Appropriated From Community Development Block Grant Funds For Fiscal Year 2016-2017 The City Council will conduct a Public Hearing to consider: (CD)
a. Selecting and approving from the recommended Citizen Advisory Committee's list of proposed projects and allocations; and
b. Determining the amount to be appropriated per project from the $1,673,132 Community Development Block Grant funding for Fiscal Year 2016-2017.
Documents: ITEM 5 REPORT 03082016.PDF VI. Comments from the Audience During this time, members of the public and staff may address the City Council regarding any items within the subject matter jurisdiction of the City Council. Comments from the audience will be limited to five (5) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law.
Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt or interfere with the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section 1.04.110. VII. Reports and Comments From City Officials During this time, members of the City Council will report on matters pertaining to their service on various intergovenmental boards and commissions as a representative of the City pursuant to Assembly Bill 1234. City Council Members will also have an opportunity to comment on matters not on the agenda.
Following the City Council Members, reports and comments will be heard by the City Clerk, City Treasurer, City Manager and Department Heads. VIII. Consent Calendar Items Agenda Items 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 are consent Calendar Items. All items including Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action.
Any Motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate. 6. Resolution Amending Resolution No. 7666 Extending The Mandatory Water Conservation Measures Through November 8, 2016 The City Council will consider adopting a Resolution ______amending Resolution No. 7666 extending the mandatory water conservation measures through November 8, 2016 in compliance with Emergency Regulatory Action 2016-0203-01 EE approved by the State of California, Office of Administrative Law (OAL) under the guidance of the State Water Resources Control Board. (PW)
Documents: ITEM 6 REPORT 03082016.PDF 7. Amendment No. 2 To Contract No. 2604, Second Amendment With LAUSD For Additional Public Improvements Benefiting The Community And Legacy High School The City Council will consider: (PW)
a. Approving the Amendment No. 2 to Contract No. 2604, Second Amendment to the Memorandum of Understanding and Public Improvements Agreement with LAUSD (LAUSD South Region High School #9), to secure $425,000 from LAUSD to fund certain additional Public Improvements that benefit both the community and Legacy High School; and
b. Appropriating $75,000 in Gas Tax Funds to a new account number to be assigned by Administrative Services/Finance; and
c. Authorizing the Mayor to execute the Second Amendment in a form acceptable to the City Attorney and Special Counsel.
Documents: ITEM 7 REPORT 03082016.PDF 8. Agreement With EnerNOC, Inc., Securing Services Needed To Participate In Southern California Edison's Energy Management Through Demand Response Program The City Council will consider: (PW)
a. Approving an Agreement (Contract ______) with EnerNOC, Inc., at no cost to the City, securing services needed to participate in Southern California Edison's Energy Management Through Demand Response Program (Program); and
b. Appropriating any incentive funds received from the Program to the Water Energy Savings, Grants and Reimbursement Account (Account No. 411-731-71-4907) to be utilized for maintenance of the City's water system; and
c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents: ITEM 8 REPORT 03082016.PDF 9. Amendment No. 1 To Contract No. 3069 With Vali Cooper & Associates, Inc., Adding Construction Management And Inspection Services For The Miller Way Street Improvements Project The City Council will consider: (PW)
a. Approving Amendment No.1 to Contract No. 3069 with Vali Cooper & Associates, Inc., to add Construction Management and Inspection Services for the Miller Way Street Improvement Project from Garfield Avenue to I-710 Undercrossing, City Project No. 454-ST, in an amount not to exceed $26,447; and
b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
Documents: ITEM 9 REPORT 03082016.PDF 10. Agreement With The Los Angeles County Flood Control District For Construction, Operation, Maintenance And Use Of Property Known As The East Compton Creek Drainage System No. 1 For Landscaping Improvements As Part Of The Firestone/Atlantic Intersection Improvements The City Council will consider: (PW)
a. Approving a Use Agreement (Contract ______) with Los Angeles County Flood Control District (County) for the construction, operation, maintenance and use of the property known as the East Compton Creek Drainage System No. 1 - Parcel 3, Assessor's No. 6216-009- 900, to accommodate the landscaping improvements that were a part of the Firestone Boulevard/Atlantic Avenue Phase 2 Intersection Improvement Project; and
b. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents: ITEM 10 REPORT 03082016.PDF 11. Agreement With National Auto Fleet Group For The Purchase Of Four Police Pursuit Vehicles And The Required Emergency Equipment To Outfit The Vehicles; And Appropriation Of Funds The City Council will consider: (PD)
a. Approving an Agreement (Contract ______) with National Auto Fleet Group for the purchase of four Police pursuit vehicles and the required emergency equipment to outfit the vehicles for a total amount not to exceed $169,489.82; and
b. Appropriating $43,573.84 from the unassigned Asset Seizure fund balance to Account No. 235-570-21-9005 to purchase the emergency equipment; and
c. Authorizing the Director of Administrative Services, or her designee, to purchase the vehicles and emergency equipment; and
d. Authorizing the Chief of Police to act as agent for the City under the Agreement and to execute any subsequent documents on behalf of the City as required, in forms acceptable to the City Attorney.
Documents: ITEM 11 REPORT 03082016.PDF 12. Amendment No. 1 To Contract No. 3094, MOU With The South Gate Division Management Association The City Council will consider: (ADMIN SERVICES)
a. Approving Amendment No. 1 to Contract No. 3094, the 2014-15 Memorandum of Understanding (MOU) between the City of South Gate and the South Gate Division Management Association (DMA);
b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
Documents: ITEM 12 REPORT 03082016.PDF 13. Response To The Civil Grand Jury Interim Report 2015-2016 Inadequate El Nino Planning For County Homeless Population The City Council will consider approving the response to the Civil Grand Jury Interim Report 2015-2016 Inadequate El Nino Planning for County Homeless Population and direct staff to submit the City's response as directed on or before the due date of March 29, 2016. (PARKS)
Documents: ITEM 13 REPORT 03082016.PDF 14. City's Annual Statement Of Investment Policy The City Council will consider adopting the City's Annual Statement of Investment Policy. (ADMIN SERVICES)
Documents: ITEM 14 REPORT 03082016.PDF 15. Quarterly Investment Report For The Quarter Ended December 31, 2015 The City Council will consider receiving and filing the Quarterly Investment Report for the quarter ended December 31, 2015. (ADMIN SERVICES)
Documents: ITEM 15 REPORT 03082016.PDF 16. Report Regarding The Conversion Of Gardendale Street From Garfield Avenue To The East City Limit To Accommodate A Road Diet In Accordance With The City's Bicycle Transportation Plan As Part Of The Gardendale Street Pavement Rehabilitation Project The City Council will consider receiving and filing a report regarding the conversion of Gardendale Street, from Garfield Avenue to the East City Limit, to accommodate a road diet in accordance with the City's Bicycle Transportation Plan as a part of the Gardendale Street Pavement Rehabilitation Project. (PW)
Documents: ITEM 16 REPORT 03082016.PDF 17. Special And Regular City Council Meeting Minutes Of January 12 And 26, 2016 The City Council will consider: (CLERK)
a. Approving the Special and Regular Meeting minutes of January 12, 2016;
b. Approving the Special and Regular Meeting minutes of January 26, 2016.
Documents: ITEM 17 REPORT 03082016.PDF IX. Reports, Recommendations and Requests 18. Report Regarding The Reduction Of Street Sweeping Parking Restrictions Citywide From 8.5 Hours To 5 Hours; And Appropriation Of Funds The City Council will consider: (PW)
a. Receiving and filing a report from the Director of Public Works/City Engineer regarding the reduction of street sweeping parking restrictions Citywide from 8.5 hours to 5 hours; and
b. Appropriating $150,000 in General Funds to replace and modify 6,000 street sweeping parking signs Citywide necessary to reduce the parking restrictions from 8.5 hours to five hours (Alternative 1).
Documents: ITEM 18 REPORT 03082016.PDF 19. Aztlan Foundation's Report Of The 2015 Jingle Road Run 5K/10K And Presentation Of Two Donation Checks To South Gate Police Activities League And Friends Of South Gate Parks The City Council will consider allowing Aztlan Foundation representatives to provide a brief report on the 2015 Jingle Road Run 5K/10K and present two donation checks to South Gate Police Activities League and the Friends of South Gate Parks. (PARKS)
Documents: ITEM 19 REPORT 03082016.PDF 20. Warrant Register For March 8, 2016 The City Council will consider approving the Warrants for March 8, 2016. (ADMIN SERVICES)
Total of Checks: $2,136,243.00 Voids: $ 0.00 Total of Payroll Deductions: $ (264,657.31) Grand Total: $1,871,585.69
Documents: ITEM 20 REPORT 03082016.PDF X. Adjournment I, Carmen Avalos, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted March 3, 2016, at 10:00 a.m., as required by law.
Carmen Avalos, City Clerk
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office
8650 California Avenue, South Gate, California 90280 (323) 563-9510 * fax (323) 563-5411 * www.cityofsouthgate.org
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk.
Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. SOUTH GATE CITY COUNCIL REGULAR MEETING AGENDA
Tuesday, March 8, 2016 at 6:30 p.m.
I. Call to Order/Roll Call with Invocation & Pledge CALL TO ORDER Jorge Morales, Mayor Pastor Bobby Scott, Community Faith Bible INVOCATION Church PLEDGE OF Esther L. Perez, Ed.D., Executive Director of ALLEGIANCE Valiente Charter School ROLL CALL Carmen Avalos, City Clerk
II. City Officials MAYOR CITY CLERK Jorge Morales Carmen Avalos
VICE MAYOR CITY TREASURER W.H. (Bill) De Witt Gregory Martinez
COUNCIL MEMBERS CITY MANAGER Maria Belen Bernal Michael Flad Maria Davila Gil Hurtado CITY ATTORNEY Raul F. Salinas
III. Meeting Compensation Disclosure Pursuant to Government Code Section 54952.3: Disclosure of compensation for meeting attendance by City Council Members is $600 monthly regardless of the amount of meetings. IV. Proclamations, Certificates, Introductions and Ceremonial Actions
1. Introduction Of Esther L. Perez, Ed.D., Executive Director Of Valiente College Prep Charter School, Located At 8691 California Avenue In South Gate The City Council and the public will be introduced to Esther L. Perez, recently hired as the Executive Director of Valiente College Prep Charter School. (ADMIN)
Documents: ITEM 1 REPORT 03082016.PDF 2. Certificate Of Appreciation To South Gate Resident Edwin Saucedo In Recognition Of Becoming The New Student Body President For The University Of Southern California a. The City Council and the public will be introduced to Edwin Saucedo, resident of South Gate and newly elected Student Body President for the University of Southern California; and
b. The City Council will present Edwin Saucedo with a Certificate of Appreciation in recognition of his accomplishment. (ADMIN)
Documents: ITEM 2 REPORT 03082016.PDF 3. Certificates Of Appreciation To South Gate High, South Gate Middle And Southeast Middle School Students Who Completed The Students Run LA Marathon On February 14, 2016 The City Council will present Certificates of Appreciation to South Gate students who completed the Students Run LA Marathon on Sunday, February 14, 2016. (ADMIN)
Documents: ITEM 3 REPORT 03082016.PDF V. Public Hearings 4. Resolution Approving Conditional Use Permit No. 822 Allowing The Sale Of Beer And Wine For Off-Site Consumption For Freddy's Market Located At 3433 Tweedy Boulevard Will Be Continued To The Regularly Scheduled City Council Meeting Of July 12, 2016 The City Council will consider continuing the Public Hearing for consideration of Conditional Use Permit No. 822 to allow the sale of beer and wine for off-site consumption for Freddy's Market located at 3433 Tweedy Boulevard to the regularly scheduled City Council meeting of July 12, 2016. (CD)
Documents: ITEM 4 REPORT 03082016.PDF 5. Citizens Advisory Committee's List Of Recommended Projects And Funding Amounts To Be Appropriated From Community Development Block Grant Funds For Fiscal Year 2016-2017 The City Council will conduct a Public Hearing to consider: (CD)
a. Selecting and approving from the recommended Citizen Advisory Committee's list of proposed projects and allocations; and
b. Determining the amount to be appropriated per project from the $1,673,132 Community Development Block Grant funding for Fiscal Year 2016-2017.
Documents: ITEM 5 REPORT 03082016.PDF VI. Comments from the Audience During this time, members of the public and staff may address the City Council regarding any items within the subject matter jurisdiction of the City Council. Comments from the audience will be limited to five (5) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law.
Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt or interfere with the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section 1.04.110. VII. Reports and Comments From City Officials During this time, members of the City Council will report on matters pertaining to their service on various intergovenmental boards and commissions as a representative of the City pursuant to Assembly Bill 1234. City Council Members will also have an opportunity to comment on matters not on the agenda.
Following the City Council Members, reports and comments will be heard by the City Clerk, City Treasurer, City Manager and Department Heads. VIII. Consent Calendar Items Agenda Items 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 are consent Calendar Items. All items including Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action.
Any Motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate. 6. Resolution Amending Resolution No. 7666 Extending The Mandatory Water Conservation Measures Through November 8, 2016 The City Council will consider adopting a Resolution ______amending Resolution No. 7666 extending the mandatory water conservation measures through November 8, 2016 in compliance with Emergency Regulatory Action 2016-0203-01 EE approved by the State of California, Office of Administrative Law (OAL) under the guidance of the State Water Resources Control Board. (PW)
Documents: ITEM 6 REPORT 03082016.PDF 7. Amendment No. 2 To Contract No. 2604, Second Amendment With LAUSD For Additional Public Improvements Benefiting The Community And Legacy High School The City Council will consider: (PW)
a. Approving the Amendment No. 2 to Contract No. 2604, Second Amendment to the Memorandum of Understanding and Public Improvements Agreement with LAUSD (LAUSD South Region High School #9), to secure $425,000 from LAUSD to fund certain additional Public Improvements that benefit both the community and Legacy High School; and
b. Appropriating $75,000 in Gas Tax Funds to a new account number to be assigned by Administrative Services/Finance; and
c. Authorizing the Mayor to execute the Second Amendment in a form acceptable to the City Attorney and Special Counsel.
Documents: ITEM 7 REPORT 03082016.PDF 8. Agreement With EnerNOC, Inc., Securing Services Needed To Participate In Southern California Edison's Energy Management Through Demand Response Program The City Council will consider: (PW)
a. Approving an Agreement (Contract ______) with EnerNOC, Inc., at no cost to the City, securing services needed to participate in Southern California Edison's Energy Management Through Demand Response Program (Program); and
b. Appropriating any incentive funds received from the Program to the Water Energy Savings, Grants and Reimbursement Account (Account No. 411-731-71-4907) to be utilized for maintenance of the City's water system; and
c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents: ITEM 8 REPORT 03082016.PDF 9. Amendment No. 1 To Contract No. 3069 With Vali Cooper & Associates, Inc., Adding Construction Management And Inspection Services For The Miller Way Street Improvements Project The City Council will consider: (PW)
a. Approving Amendment No.1 to Contract No. 3069 with Vali Cooper & Associates, Inc., to add Construction Management and Inspection Services for the Miller Way Street Improvement Project from Garfield Avenue to I-710 Undercrossing, City Project No. 454-ST, in an amount not to exceed $26,447; and
b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
Documents: ITEM 9 REPORT 03082016.PDF 10. Agreement With The Los Angeles County Flood Control District For Construction, Operation, Maintenance And Use Of Property Known As The East Compton Creek Drainage System No. 1 For Landscaping Improvements As Part Of The Firestone/Atlantic Intersection Improvements The City Council will consider: (PW)
a. Approving a Use Agreement (Contract ______) with Los Angeles County Flood Control District (County) for the construction, operation, maintenance and use of the property known as the East Compton Creek Drainage System No. 1 - Parcel 3, Assessor's No. 6216-009- 900, to accommodate the landscaping improvements that were a part of the Firestone Boulevard/Atlantic Avenue Phase 2 Intersection Improvement Project; and
b. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents: ITEM 10 REPORT 03082016.PDF 11. Agreement With National Auto Fleet Group For The Purchase Of Four Police Pursuit Vehicles And The Required Emergency Equipment To Outfit The Vehicles; And Appropriation Of Funds The City Council will consider: (PD)
a. Approving an Agreement (Contract ______) with National Auto Fleet Group for the purchase of four Police pursuit vehicles and the required emergency equipment to outfit the vehicles for a total amount not to exceed $169,489.82; and
b. Appropriating $43,573.84 from the unassigned Asset Seizure fund balance to Account No. 235-570-21-9005 to purchase the emergency equipment; and
c. Authorizing the Director of Administrative Services, or her designee, to purchase the vehicles and emergency equipment; and
d. Authorizing the Chief of Police to act as agent for the City under the Agreement and to execute any subsequent documents on behalf of the City as required, in forms acceptable to the City Attorney.
Documents: ITEM 11 REPORT 03082016.PDF 12. Amendment No. 1 To Contract No. 3094, MOU With The South Gate Division Management Association The City Council will consider: (ADMIN SERVICES)
a. Approving Amendment No. 1 to Contract No. 3094, the 2014-15 Memorandum of Understanding (MOU) between the City of South Gate and the South Gate Division Management Association (DMA);
b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
Documents: ITEM 12 REPORT 03082016.PDF 13. Response To The Civil Grand Jury Interim Report 2015-2016 Inadequate El Nino Planning For County Homeless Population The City Council will consider approving the response to the Civil Grand Jury Interim Report 2015-2016 Inadequate El Nino Planning for County Homeless Population and direct staff to submit the City's response as directed on or before the due date of March 29, 2016. (PARKS)
Documents: ITEM 13 REPORT 03082016.PDF 14. City's Annual Statement Of Investment Policy The City Council will consider adopting the City's Annual Statement of Investment Policy. (ADMIN SERVICES)
Documents: ITEM 14 REPORT 03082016.PDF 15. Quarterly Investment Report For The Quarter Ended December 31, 2015 The City Council will consider receiving and filing the Quarterly Investment Report for the quarter ended December 31, 2015. (ADMIN SERVICES)
Documents: ITEM 15 REPORT 03082016.PDF 16. Report Regarding The Conversion Of Gardendale Street From Garfield Avenue To The East City Limit To Accommodate A Road Diet In Accordance With The City's Bicycle Transportation Plan As Part Of The Gardendale Street Pavement Rehabilitation Project The City Council will consider receiving and filing a report regarding the conversion of Gardendale Street, from Garfield Avenue to the East City Limit, to accommodate a road diet in accordance with the City's Bicycle Transportation Plan as a part of the Gardendale Street Pavement Rehabilitation Project. (PW)
Documents: ITEM 16 REPORT 03082016.PDF 17. Special And Regular City Council Meeting Minutes Of January 12 And 26, 2016 The City Council will consider: (CLERK)
a. Approving the Special and Regular Meeting minutes of January 12, 2016;
b. Approving the Special and Regular Meeting minutes of January 26, 2016.
Documents: ITEM 17 REPORT 03082016.PDF IX. Reports, Recommendations and Requests 18. Report Regarding The Reduction Of Street Sweeping Parking Restrictions Citywide From 8.5 Hours To 5 Hours; And Appropriation Of Funds The City Council will consider: (PW)
a. Receiving and filing a report from the Director of Public Works/City Engineer regarding the reduction of street sweeping parking restrictions Citywide from 8.5 hours to 5 hours; and
b. Appropriating $150,000 in General Funds to replace and modify 6,000 street sweeping parking signs Citywide necessary to reduce the parking restrictions from 8.5 hours to five hours (Alternative 1).
Documents: ITEM 18 REPORT 03082016.PDF 19. Aztlan Foundation's Report Of The 2015 Jingle Road Run 5K/10K And Presentation Of Two Donation Checks To South Gate Police Activities League And Friends Of South Gate Parks The City Council will consider allowing Aztlan Foundation representatives to provide a brief report on the 2015 Jingle Road Run 5K/10K and present two donation checks to South Gate Police Activities League and the Friends of South Gate Parks. (PARKS)
Documents: ITEM 19 REPORT 03082016.PDF 20. Warrant Register For March 8, 2016 The City Council will consider approving the Warrants for March 8, 2016. (ADMIN SERVICES)
Total of Checks: $2,136,243.00 Voids: $ 0.00 Total of Payroll Deductions: $ (264,657.31) Grand Total: $1,871,585.69
Documents: ITEM 20 REPORT 03082016.PDF X. Adjournment I, Carmen Avalos, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted March 3, 2016, at 10:00 a.m., as required by law.
Carmen Avalos, City Clerk
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office
8650 California Avenue, South Gate, California 90280 (323) 563-9510 * fax (323) 563-5411 * www.cityofsouthgate.org
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk.
Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. SOUTH GATE CITY COUNCIL REGULAR MEETING AGENDA
Tuesday, March 8, 2016 at 6:30 p.m.
I. Call to Order/Roll Call with Invocation & Pledge CALL TO ORDER Jorge Morales, Mayor Pastor Bobby Scott, Community Faith Bible INVOCATION Church PLEDGE OF Esther L. Perez, Ed.D., Executive Director of ALLEGIANCE Valiente Charter School ROLL CALL Carmen Avalos, City Clerk
II. City Officials MAYOR CITY CLERK Jorge Morales Carmen Avalos
VICE MAYOR CITY TREASURER W.H. (Bill) De Witt Gregory Martinez
COUNCIL MEMBERS CITY MANAGER Maria Belen Bernal Michael Flad Maria Davila Gil Hurtado CITY ATTORNEY Raul F. Salinas
III. Meeting Compensation Disclosure Pursuant to Government Code Section 54952.3: Disclosure of compensation for meeting attendance by City Council Members is $600 monthly regardless of the amount of meetings. IV. Proclamations, Certificates, Introductions and Ceremonial Actions
1. Introduction Of Esther L. Perez, Ed.D., Executive Director Of Valiente College Prep Charter School, Located At 8691 California Avenue In South Gate The City Council and the public will be introduced to Esther L. Perez, recently hired as the Executive Director of Valiente College Prep Charter School. (ADMIN)
Documents: ITEM 1 REPORT 03082016.PDF 2. Certificate Of Appreciation To South Gate Resident Edwin Saucedo In Recognition Of Becoming The New Student Body President For The University Of Southern California a. The City Council and the public will be introduced to Edwin Saucedo, resident of South Gate and newly elected Student Body President for the University of Southern California; and
b. The City Council will present Edwin Saucedo with a Certificate of Appreciation in recognition of his accomplishment. (ADMIN)
Documents: ITEM 2 REPORT 03082016.PDF 3. Certificates Of Appreciation To South Gate High, South Gate Middle And Southeast Middle School Students Who Completed The Students Run LA Marathon On February 14, 2016 The City Council will present Certificates of Appreciation to South Gate students who completed the Students Run LA Marathon on Sunday, February 14, 2016. (ADMIN)
Documents: ITEM 3 REPORT 03082016.PDF V. Public Hearings 4. Resolution Approving Conditional Use Permit No. 822 Allowing The Sale Of Beer And Wine For Off-Site Consumption For Freddy's Market Located At 3433 Tweedy Boulevard Will Be Continued To The Regularly Scheduled City Council Meeting Of July 12, 2016 The City Council will consider continuing the Public Hearing for consideration of Conditional Use Permit No. 822 to allow the sale of beer and wine for off-site consumption for Freddy's Market located at 3433 Tweedy Boulevard to the regularly scheduled City Council meeting of July 12, 2016. (CD)
Documents: ITEM 4 REPORT 03082016.PDF 5. Citizens Advisory Committee's List Of Recommended Projects And Funding Amounts To Be Appropriated From Community Development Block Grant Funds For Fiscal Year 2016-2017 The City Council will conduct a Public Hearing to consider: (CD)
a. Selecting and approving from the recommended Citizen Advisory Committee's list of proposed projects and allocations; and
b. Determining the amount to be appropriated per project from the $1,673,132 Community Development Block Grant funding for Fiscal Year 2016-2017.
Documents: ITEM 5 REPORT 03082016.PDF VI. Comments from the Audience During this time, members of the public and staff may address the City Council regarding any items within the subject matter jurisdiction of the City Council. Comments from the audience will be limited to five (5) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law.
Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt or interfere with the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section 1.04.110. VII. Reports and Comments From City Officials During this time, members of the City Council will report on matters pertaining to their service on various intergovenmental boards and commissions as a representative of the City pursuant to Assembly Bill 1234. City Council Members will also have an opportunity to comment on matters not on the agenda.
Following the City Council Members, reports and comments will be heard by the City Clerk, City Treasurer, City Manager and Department Heads. VIII. Consent Calendar Items Agenda Items 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 are consent Calendar Items. All items including Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action.
Any Motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate. 6. Resolution Amending Resolution No. 7666 Extending The Mandatory Water Conservation Measures Through November 8, 2016 The City Council will consider adopting a Resolution ______amending Resolution No. 7666 extending the mandatory water conservation measures through November 8, 2016 in compliance with Emergency Regulatory Action 2016-0203-01 EE approved by the State of California, Office of Administrative Law (OAL) under the guidance of the State Water Resources Control Board. (PW)
Documents: ITEM 6 REPORT 03082016.PDF 7. Amendment No. 2 To Contract No. 2604, Second Amendment With LAUSD For Additional Public Improvements Benefiting The Community And Legacy High School The City Council will consider: (PW)
a. Approving the Amendment No. 2 to Contract No. 2604, Second Amendment to the Memorandum of Understanding and Public Improvements Agreement with LAUSD (LAUSD South Region High School #9), to secure $425,000 from LAUSD to fund certain additional Public Improvements that benefit both the community and Legacy High School; and
b. Appropriating $75,000 in Gas Tax Funds to a new account number to be assigned by Administrative Services/Finance; and
c. Authorizing the Mayor to execute the Second Amendment in a form acceptable to the City Attorney and Special Counsel.
Documents: ITEM 7 REPORT 03082016.PDF 8. Agreement With EnerNOC, Inc., Securing Services Needed To Participate In Southern California Edison's Energy Management Through Demand Response Program The City Council will consider: (PW)
a. Approving an Agreement (Contract ______) with EnerNOC, Inc., at no cost to the City, securing services needed to participate in Southern California Edison's Energy Management Through Demand Response Program (Program); and
b. Appropriating any incentive funds received from the Program to the Water Energy Savings, Grants and Reimbursement Account (Account No. 411-731-71-4907) to be utilized for maintenance of the City's water system; and
c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents: ITEM 8 REPORT 03082016.PDF 9. Amendment No. 1 To Contract No. 3069 With Vali Cooper & Associates, Inc., Adding Construction Management And Inspection Services For The Miller Way Street Improvements Project The City Council will consider: (PW)
a. Approving Amendment No.1 to Contract No. 3069 with Vali Cooper & Associates, Inc., to add Construction Management and Inspection Services for the Miller Way Street Improvement Project from Garfield Avenue to I-710 Undercrossing, City Project No. 454-ST, in an amount not to exceed $26,447; and
b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
Documents: ITEM 9 REPORT 03082016.PDF 10. Agreement With The Los Angeles County Flood Control District For Construction, Operation, Maintenance And Use Of Property Known As The East Compton Creek Drainage System No. 1 For Landscaping Improvements As Part Of The Firestone/Atlantic Intersection Improvements The City Council will consider: (PW)
a. Approving a Use Agreement (Contract ______) with Los Angeles County Flood Control District (County) for the construction, operation, maintenance and use of the property known as the East Compton Creek Drainage System No. 1 - Parcel 3, Assessor's No. 6216-009- 900, to accommodate the landscaping improvements that were a part of the Firestone Boulevard/Atlantic Avenue Phase 2 Intersection Improvement Project; and
b. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents: ITEM 10 REPORT 03082016.PDF 11. Agreement With National Auto Fleet Group For The Purchase Of Four Police Pursuit Vehicles And The Required Emergency Equipment To Outfit The Vehicles; And Appropriation Of Funds The City Council will consider: (PD)
a. Approving an Agreement (Contract ______) with National Auto Fleet Group for the purchase of four Police pursuit vehicles and the required emergency equipment to outfit the vehicles for a total amount not to exceed $169,489.82; and
b. Appropriating $43,573.84 from the unassigned Asset Seizure fund balance to Account No. 235-570-21-9005 to purchase the emergency equipment; and
c. Authorizing the Director of Administrative Services, or her designee, to purchase the vehicles and emergency equipment; and
d. Authorizing the Chief of Police to act as agent for the City under the Agreement and to execute any subsequent documents on behalf of the City as required, in forms acceptable to the City Attorney.
Documents: ITEM 11 REPORT 03082016.PDF 12. Amendment No. 1 To Contract No. 3094, MOU With The South Gate Division Management Association The City Council will consider: (ADMIN SERVICES)
a. Approving Amendment No. 1 to Contract No. 3094, the 2014-15 Memorandum of Understanding (MOU) between the City of South Gate and the South Gate Division Management Association (DMA);
b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
Documents: ITEM 12 REPORT 03082016.PDF 13. Response To The Civil Grand Jury Interim Report 2015-2016 Inadequate El Nino Planning For County Homeless Population The City Council will consider approving the response to the Civil Grand Jury Interim Report 2015-2016 Inadequate El Nino Planning for County Homeless Population and direct staff to submit the City's response as directed on or before the due date of March 29, 2016. (PARKS)
Documents: ITEM 13 REPORT 03082016.PDF 14. City's Annual Statement Of Investment Policy The City Council will consider adopting the City's Annual Statement of Investment Policy. (ADMIN SERVICES)
Documents: ITEM 14 REPORT 03082016.PDF 15. Quarterly Investment Report For The Quarter Ended December 31, 2015 The City Council will consider receiving and filing the Quarterly Investment Report for the quarter ended December 31, 2015. (ADMIN SERVICES)
Documents: ITEM 15 REPORT 03082016.PDF 16. Report Regarding The Conversion Of Gardendale Street From Garfield Avenue To The East City Limit To Accommodate A Road Diet In Accordance With The City's Bicycle Transportation Plan As Part Of The Gardendale Street Pavement Rehabilitation Project The City Council will consider receiving and filing a report regarding the conversion of Gardendale Street, from Garfield Avenue to the East City Limit, to accommodate a road diet in accordance with the City's Bicycle Transportation Plan as a part of the Gardendale Street Pavement Rehabilitation Project. (PW)
Documents: ITEM 16 REPORT 03082016.PDF 17. Special And Regular City Council Meeting Minutes Of January 12 And 26, 2016 The City Council will consider: (CLERK)
a. Approving the Special and Regular Meeting minutes of January 12, 2016;
b. Approving the Special and Regular Meeting minutes of January 26, 2016.
Documents: ITEM 17 REPORT 03082016.PDF IX. Reports, Recommendations and Requests 18. Report Regarding The Reduction Of Street Sweeping Parking Restrictions Citywide From 8.5 Hours To 5 Hours; And Appropriation Of Funds The City Council will consider: (PW)
a. Receiving and filing a report from the Director of Public Works/City Engineer regarding the reduction of street sweeping parking restrictions Citywide from 8.5 hours to 5 hours; and
b. Appropriating $150,000 in General Funds to replace and modify 6,000 street sweeping parking signs Citywide necessary to reduce the parking restrictions from 8.5 hours to five hours (Alternative 1).
Documents: ITEM 18 REPORT 03082016.PDF 19. Aztlan Foundation's Report Of The 2015 Jingle Road Run 5K/10K And Presentation Of Two Donation Checks To South Gate Police Activities League And Friends Of South Gate Parks The City Council will consider allowing Aztlan Foundation representatives to provide a brief report on the 2015 Jingle Road Run 5K/10K and present two donation checks to South Gate Police Activities League and the Friends of South Gate Parks. (PARKS)
Documents: ITEM 19 REPORT 03082016.PDF 20. Warrant Register For March 8, 2016 The City Council will consider approving the Warrants for March 8, 2016. (ADMIN SERVICES)
Total of Checks: $2,136,243.00 Voids: $ 0.00 Total of Payroll Deductions: $ (264,657.31) Grand Total: $1,871,585.69
Documents: ITEM 20 REPORT 03082016.PDF X. Adjournment I, Carmen Avalos, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted March 3, 2016, at 10:00 a.m., as required by law.
Carmen Avalos, City Clerk
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office
8650 California Avenue, South Gate, California 90280 (323) 563-9510 * fax (323) 563-5411 * www.cityofsouthgate.org
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk.
Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. SOUTH GATE CITY COUNCIL REGULAR MEETING AGENDA
Tuesday, March 8, 2016 at 6:30 p.m.
I. Call to Order/Roll Call with Invocation & Pledge CALL TO ORDER Jorge Morales, Mayor Pastor Bobby Scott, Community Faith Bible INVOCATION Church PLEDGE OF Esther L. Perez, Ed.D., Executive Director of ALLEGIANCE Valiente Charter School ROLL CALL Carmen Avalos, City Clerk
II. City Officials MAYOR CITY CLERK Jorge Morales Carmen Avalos
VICE MAYOR CITY TREASURER W.H. (Bill) De Witt Gregory Martinez
COUNCIL MEMBERS CITY MANAGER Maria Belen Bernal Michael Flad Maria Davila Gil Hurtado CITY ATTORNEY Raul F. Salinas
III. Meeting Compensation Disclosure Pursuant to Government Code Section 54952.3: Disclosure of compensation for meeting attendance by City Council Members is $600 monthly regardless of the amount of meetings. IV. Proclamations, Certificates, Introductions and Ceremonial Actions
1. Introduction Of Esther L. Perez, Ed.D., Executive Director Of Valiente College Prep Charter School, Located At 8691 California Avenue In South Gate The City Council and the public will be introduced to Esther L. Perez, recently hired as the Executive Director of Valiente College Prep Charter School. (ADMIN)
Documents: ITEM 1 REPORT 03082016.PDF 2. Certificate Of Appreciation To South Gate Resident Edwin Saucedo In Recognition Of Becoming The New Student Body President For The University Of Southern California a. The City Council and the public will be introduced to Edwin Saucedo, resident of South Gate and newly elected Student Body President for the University of Southern California; and
b. The City Council will present Edwin Saucedo with a Certificate of Appreciation in recognition of his accomplishment. (ADMIN)
Documents: ITEM 2 REPORT 03082016.PDF 3. Certificates Of Appreciation To South Gate High, South Gate Middle And Southeast Middle School Students Who Completed The Students Run LA Marathon On February 14, 2016 The City Council will present Certificates of Appreciation to South Gate students who completed the Students Run LA Marathon on Sunday, February 14, 2016. (ADMIN)
Documents: ITEM 3 REPORT 03082016.PDF V. Public Hearings 4. Resolution Approving Conditional Use Permit No. 822 Allowing The Sale Of Beer And Wine For Off-Site Consumption For Freddy's Market Located At 3433 Tweedy Boulevard Will Be Continued To The Regularly Scheduled City Council Meeting Of July 12, 2016 The City Council will consider continuing the Public Hearing for consideration of Conditional Use Permit No. 822 to allow the sale of beer and wine for off-site consumption for Freddy's Market located at 3433 Tweedy Boulevard to the regularly scheduled City Council meeting of July 12, 2016. (CD)
Documents: ITEM 4 REPORT 03082016.PDF 5. Citizens Advisory Committee's List Of Recommended Projects And Funding Amounts To Be Appropriated From Community Development Block Grant Funds For Fiscal Year 2016-2017 The City Council will conduct a Public Hearing to consider: (CD)
a. Selecting and approving from the recommended Citizen Advisory Committee's list of proposed projects and allocations; and
b. Determining the amount to be appropriated per project from the $1,673,132 Community Development Block Grant funding for Fiscal Year 2016-2017.
Documents: ITEM 5 REPORT 03082016.PDF VI. Comments from the Audience During this time, members of the public and staff may address the City Council regarding any items within the subject matter jurisdiction of the City Council. Comments from the audience will be limited to five (5) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law.
Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt or interfere with the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section 1.04.110. VII. Reports and Comments From City Officials During this time, members of the City Council will report on matters pertaining to their service on various intergovenmental boards and commissions as a representative of the City pursuant to Assembly Bill 1234. City Council Members will also have an opportunity to comment on matters not on the agenda.
Following the City Council Members, reports and comments will be heard by the City Clerk, City Treasurer, City Manager and Department Heads. VIII. Consent Calendar Items Agenda Items 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 are consent Calendar Items. All items including Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action.
Any Motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate. 6. Resolution Amending Resolution No. 7666 Extending The Mandatory Water Conservation Measures Through November 8, 2016 The City Council will consider adopting a Resolution ______amending Resolution No. 7666 extending the mandatory water conservation measures through November 8, 2016 in compliance with Emergency Regulatory Action 2016-0203-01 EE approved by the State of California, Office of Administrative Law (OAL) under the guidance of the State Water Resources Control Board. (PW)
Documents: ITEM 6 REPORT 03082016.PDF 7. Amendment No. 2 To Contract No. 2604, Second Amendment With LAUSD For Additional Public Improvements Benefiting The Community And Legacy High School The City Council will consider: (PW)
a. Approving the Amendment No. 2 to Contract No. 2604, Second Amendment to the Memorandum of Understanding and Public Improvements Agreement with LAUSD (LAUSD South Region High School #9), to secure $425,000 from LAUSD to fund certain additional Public Improvements that benefit both the community and Legacy High School; and
b. Appropriating $75,000 in Gas Tax Funds to a new account number to be assigned by Administrative Services/Finance; and
c. Authorizing the Mayor to execute the Second Amendment in a form acceptable to the City Attorney and Special Counsel.
Documents: ITEM 7 REPORT 03082016.PDF 8. Agreement With EnerNOC, Inc., Securing Services Needed To Participate In Southern California Edison's Energy Management Through Demand Response Program The City Council will consider: (PW)
a. Approving an Agreement (Contract ______) with EnerNOC, Inc., at no cost to the City, securing services needed to participate in Southern California Edison's Energy Management Through Demand Response Program (Program); and
b. Appropriating any incentive funds received from the Program to the Water Energy Savings, Grants and Reimbursement Account (Account No. 411-731-71-4907) to be utilized for maintenance of the City's water system; and
c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents: ITEM 8 REPORT 03082016.PDF 9. Amendment No. 1 To Contract No. 3069 With Vali Cooper & Associates, Inc., Adding Construction Management And Inspection Services For The Miller Way Street Improvements Project The City Council will consider: (PW)
a. Approving Amendment No.1 to Contract No. 3069 with Vali Cooper & Associates, Inc., to add Construction Management and Inspection Services for the Miller Way Street Improvement Project from Garfield Avenue to I-710 Undercrossing, City Project No. 454-ST, in an amount not to exceed $26,447; and
b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
Documents: ITEM 9 REPORT 03082016.PDF 10. Agreement With The Los Angeles County Flood Control District For Construction, Operation, Maintenance And Use Of Property Known As The East Compton Creek Drainage System No. 1 For Landscaping Improvements As Part Of The Firestone/Atlantic Intersection Improvements The City Council will consider: (PW)
a. Approving a Use Agreement (Contract ______) with Los Angeles County Flood Control District (County) for the construction, operation, maintenance and use of the property known as the East Compton Creek Drainage System No. 1 - Parcel 3, Assessor's No. 6216-009- 900, to accommodate the landscaping improvements that were a part of the Firestone Boulevard/Atlantic Avenue Phase 2 Intersection Improvement Project; and
b. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents: ITEM 10 REPORT 03082016.PDF 11. Agreement With National Auto Fleet Group For The Purchase Of Four Police Pursuit Vehicles And The Required Emergency Equipment To Outfit The Vehicles; And Appropriation Of Funds The City Council will consider: (PD)
a. Approving an Agreement (Contract ______) with National Auto Fleet Group for the purchase of four Police pursuit vehicles and the required emergency equipment to outfit the vehicles for a total amount not to exceed $169,489.82; and
b. Appropriating $43,573.84 from the unassigned Asset Seizure fund balance to Account No. 235-570-21-9005 to purchase the emergency equipment; and
c. Authorizing the Director of Administrative Services, or her designee, to purchase the vehicles and emergency equipment; and
d. Authorizing the Chief of Police to act as agent for the City under the Agreement and to execute any subsequent documents on behalf of the City as required, in forms acceptable to the City Attorney.
Documents: ITEM 11 REPORT 03082016.PDF 12. Amendment No. 1 To Contract No. 3094, MOU With The South Gate Division Management Association The City Council will consider: (ADMIN SERVICES)
a. Approving Amendment No. 1 to Contract No. 3094, the 2014-15 Memorandum of Understanding (MOU) between the City of South Gate and the South Gate Division Management Association (DMA);
b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
Documents: ITEM 12 REPORT 03082016.PDF 13. Response To The Civil Grand Jury Interim Report 2015-2016 Inadequate El Nino Planning For County Homeless Population The City Council will consider approving the response to the Civil Grand Jury Interim Report 2015-2016 Inadequate El Nino Planning for County Homeless Population and direct staff to submit the City's response as directed on or before the due date of March 29, 2016. (PARKS)
Documents: ITEM 13 REPORT 03082016.PDF 14. City's Annual Statement Of Investment Policy The City Council will consider adopting the City's Annual Statement of Investment Policy. (ADMIN SERVICES)
Documents: ITEM 14 REPORT 03082016.PDF 15. Quarterly Investment Report For The Quarter Ended December 31, 2015 The City Council will consider receiving and filing the Quarterly Investment Report for the quarter ended December 31, 2015. (ADMIN SERVICES)
Documents: ITEM 15 REPORT 03082016.PDF 16. Report Regarding The Conversion Of Gardendale Street From Garfield Avenue To The East City Limit To Accommodate A Road Diet In Accordance With The City's Bicycle Transportation Plan As Part Of The Gardendale Street Pavement Rehabilitation Project The City Council will consider receiving and filing a report regarding the conversion of Gardendale Street, from Garfield Avenue to the East City Limit, to accommodate a road diet in accordance with the City's Bicycle Transportation Plan as a part of the Gardendale Street Pavement Rehabilitation Project. (PW)
Documents: ITEM 16 REPORT 03082016.PDF 17. Special And Regular City Council Meeting Minutes Of January 12 And 26, 2016 The City Council will consider: (CLERK)
a. Approving the Special and Regular Meeting minutes of January 12, 2016;
b. Approving the Special and Regular Meeting minutes of January 26, 2016.
Documents: ITEM 17 REPORT 03082016.PDF IX. Reports, Recommendations and Requests 18. Report Regarding The Reduction Of Street Sweeping Parking Restrictions Citywide From 8.5 Hours To 5 Hours; And Appropriation Of Funds The City Council will consider: (PW)
a. Receiving and filing a report from the Director of Public Works/City Engineer regarding the reduction of street sweeping parking restrictions Citywide from 8.5 hours to 5 hours; and
b. Appropriating $150,000 in General Funds to replace and modify 6,000 street sweeping parking signs Citywide necessary to reduce the parking restrictions from 8.5 hours to five hours (Alternative 1).
Documents: ITEM 18 REPORT 03082016.PDF 19. Aztlan Foundation's Report Of The 2015 Jingle Road Run 5K/10K And Presentation Of Two Donation Checks To South Gate Police Activities League And Friends Of South Gate Parks The City Council will consider allowing Aztlan Foundation representatives to provide a brief report on the 2015 Jingle Road Run 5K/10K and present two donation checks to South Gate Police Activities League and the Friends of South Gate Parks. (PARKS)
Documents: ITEM 19 REPORT 03082016.PDF 20. Warrant Register For March 8, 2016 The City Council will consider approving the Warrants for March 8, 2016. (ADMIN SERVICES)
Total of Checks: $2,136,243.00 Voids: $ 0.00 Total of Payroll Deductions: $ (264,657.31) Grand Total: $1,871,585.69
Documents: ITEM 20 REPORT 03082016.PDF X. Adjournment I, Carmen Avalos, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted March 3, 2016, at 10:00 a.m., as required by law.
Carmen Avalos, City Clerk
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office
8650 California Avenue, South Gate, California 90280 (323) 563-9510 * fax (323) 563-5411 * www.cityofsouthgate.org
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk.
Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. SOUTH GATE CITY COUNCIL REGULAR MEETING AGENDA
Tuesday, March 8, 2016 at 6:30 p.m.
I. Call to Order/Roll Call with Invocation & Pledge CALL TO ORDER Jorge Morales, Mayor Pastor Bobby Scott, Community Faith Bible INVOCATION Church PLEDGE OF Esther L. Perez, Ed.D., Executive Director of ALLEGIANCE Valiente Charter School ROLL CALL Carmen Avalos, City Clerk
II. City Officials MAYOR CITY CLERK Jorge Morales Carmen Avalos
VICE MAYOR CITY TREASURER W.H. (Bill) De Witt Gregory Martinez
COUNCIL MEMBERS CITY MANAGER Maria Belen Bernal Michael Flad Maria Davila Gil Hurtado CITY ATTORNEY Raul F. Salinas
III. Meeting Compensation Disclosure Pursuant to Government Code Section 54952.3: Disclosure of compensation for meeting attendance by City Council Members is $600 monthly regardless of the amount of meetings. IV. Proclamations, Certificates, Introductions and Ceremonial Actions
1. Introduction Of Esther L. Perez, Ed.D., Executive Director Of Valiente College Prep Charter School, Located At 8691 California Avenue In South Gate The City Council and the public will be introduced to Esther L. Perez, recently hired as the Executive Director of Valiente College Prep Charter School. (ADMIN)
Documents: ITEM 1 REPORT 03082016.PDF 2. Certificate Of Appreciation To South Gate Resident Edwin Saucedo In Recognition Of Becoming The New Student Body President For The University Of Southern California a. The City Council and the public will be introduced to Edwin Saucedo, resident of South Gate and newly elected Student Body President for the University of Southern California; and
b. The City Council will present Edwin Saucedo with a Certificate of Appreciation in recognition of his accomplishment. (ADMIN)
Documents: ITEM 2 REPORT 03082016.PDF 3. Certificates Of Appreciation To South Gate High, South Gate Middle And Southeast Middle School Students Who Completed The Students Run LA Marathon On February 14, 2016 The City Council will present Certificates of Appreciation to South Gate students who completed the Students Run LA Marathon on Sunday, February 14, 2016. (ADMIN)
Documents: ITEM 3 REPORT 03082016.PDF V. Public Hearings 4. Resolution Approving Conditional Use Permit No. 822 Allowing The Sale Of Beer And Wine For Off-Site Consumption For Freddy's Market Located At 3433 Tweedy Boulevard Will Be Continued To The Regularly Scheduled City Council Meeting Of July 12, 2016 The City Council will consider continuing the Public Hearing for consideration of Conditional Use Permit No. 822 to allow the sale of beer and wine for off-site consumption for Freddy's Market located at 3433 Tweedy Boulevard to the regularly scheduled City Council meeting of July 12, 2016. (CD)
Documents: ITEM 4 REPORT 03082016.PDF 5. Citizens Advisory Committee's List Of Recommended Projects And Funding Amounts To Be Appropriated From Community Development Block Grant Funds For Fiscal Year 2016-2017 The City Council will conduct a Public Hearing to consider: (CD)
a. Selecting and approving from the recommended Citizen Advisory Committee's list of proposed projects and allocations; and
b. Determining the amount to be appropriated per project from the $1,673,132 Community Development Block Grant funding for Fiscal Year 2016-2017.
Documents: ITEM 5 REPORT 03082016.PDF VI. Comments from the Audience During this time, members of the public and staff may address the City Council regarding any items within the subject matter jurisdiction of the City Council. Comments from the audience will be limited to five (5) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law.
Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt or interfere with the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section 1.04.110. VII. Reports and Comments From City Officials During this time, members of the City Council will report on matters pertaining to their service on various intergovenmental boards and commissions as a representative of the City pursuant to Assembly Bill 1234. City Council Members will also have an opportunity to comment on matters not on the agenda.
Following the City Council Members, reports and comments will be heard by the City Clerk, City Treasurer, City Manager and Department Heads. VIII. Consent Calendar Items Agenda Items 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 are consent Calendar Items. All items including Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action.
Any Motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate. 6. Resolution Amending Resolution No. 7666 Extending The Mandatory Water Conservation Measures Through November 8, 2016 The City Council will consider adopting a Resolution ______amending Resolution No. 7666 extending the mandatory water conservation measures through November 8, 2016 in compliance with Emergency Regulatory Action 2016-0203-01 EE approved by the State of California, Office of Administrative Law (OAL) under the guidance of the State Water Resources Control Board. (PW)
Documents: ITEM 6 REPORT 03082016.PDF 7. Amendment No. 2 To Contract No. 2604, Second Amendment With LAUSD For Additional Public Improvements Benefiting The Community And Legacy High School The City Council will consider: (PW)
a. Approving the Amendment No. 2 to Contract No. 2604, Second Amendment to the Memorandum of Understanding and Public Improvements Agreement with LAUSD (LAUSD South Region High School #9), to secure $425,000 from LAUSD to fund certain additional Public Improvements that benefit both the community and Legacy High School; and
b. Appropriating $75,000 in Gas Tax Funds to a new account number to be assigned by Administrative Services/Finance; and
c. Authorizing the Mayor to execute the Second Amendment in a form acceptable to the City Attorney and Special Counsel.
Documents: ITEM 7 REPORT 03082016.PDF 8. Agreement With EnerNOC, Inc., Securing Services Needed To Participate In Southern California Edison's Energy Management Through Demand Response Program The City Council will consider: (PW)
a. Approving an Agreement (Contract ______) with EnerNOC, Inc., at no cost to the City, securing services needed to participate in Southern California Edison's Energy Management Through Demand Response Program (Program); and
b. Appropriating any incentive funds received from the Program to the Water Energy Savings, Grants and Reimbursement Account (Account No. 411-731-71-4907) to be utilized for maintenance of the City's water system; and
c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents: ITEM 8 REPORT 03082016.PDF 9. Amendment No. 1 To Contract No. 3069 With Vali Cooper & Associates, Inc., Adding Construction Management And Inspection Services For The Miller Way Street Improvements Project The City Council will consider: (PW)
a. Approving Amendment No.1 to Contract No. 3069 with Vali Cooper & Associates, Inc., to add Construction Management and Inspection Services for the Miller Way Street Improvement Project from Garfield Avenue to I-710 Undercrossing, City Project No. 454-ST, in an amount not to exceed $26,447; and
b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
Documents: ITEM 9 REPORT 03082016.PDF 10. Agreement With The Los Angeles County Flood Control District For Construction, Operation, Maintenance And Use Of Property Known As The East Compton Creek Drainage System No. 1 For Landscaping Improvements As Part Of The Firestone/Atlantic Intersection Improvements The City Council will consider: (PW)
a. Approving a Use Agreement (Contract ______) with Los Angeles County Flood Control District (County) for the construction, operation, maintenance and use of the property known as the East Compton Creek Drainage System No. 1 - Parcel 3, Assessor's No. 6216-009- 900, to accommodate the landscaping improvements that were a part of the Firestone Boulevard/Atlantic Avenue Phase 2 Intersection Improvement Project; and
b. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents: ITEM 10 REPORT 03082016.PDF 11. Agreement With National Auto Fleet Group For The Purchase Of Four Police Pursuit Vehicles And The Required Emergency Equipment To Outfit The Vehicles; And Appropriation Of Funds The City Council will consider: (PD)
a. Approving an Agreement (Contract ______) with National Auto Fleet Group for the purchase of four Police pursuit vehicles and the required emergency equipment to outfit the vehicles for a total amount not to exceed $169,489.82; and
b. Appropriating $43,573.84 from the unassigned Asset Seizure fund balance to Account No. 235-570-21-9005 to purchase the emergency equipment; and
c. Authorizing the Director of Administrative Services, or her designee, to purchase the vehicles and emergency equipment; and
d. Authorizing the Chief of Police to act as agent for the City under the Agreement and to execute any subsequent documents on behalf of the City as required, in forms acceptable to the City Attorney.
Documents: ITEM 11 REPORT 03082016.PDF 12. Amendment No. 1 To Contract No. 3094, MOU With The South Gate Division Management Association The City Council will consider: (ADMIN SERVICES)
a. Approving Amendment No. 1 to Contract No. 3094, the 2014-15 Memorandum of Understanding (MOU) between the City of South Gate and the South Gate Division Management Association (DMA);
b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
Documents: ITEM 12 REPORT 03082016.PDF 13. Response To The Civil Grand Jury Interim Report 2015-2016 Inadequate El Nino Planning For County Homeless Population The City Council will consider approving the response to the Civil Grand Jury Interim Report 2015-2016 Inadequate El Nino Planning for County Homeless Population and direct staff to submit the City's response as directed on or before the due date of March 29, 2016. (PARKS)
Documents: ITEM 13 REPORT 03082016.PDF 14. City's Annual Statement Of Investment Policy The City Council will consider adopting the City's Annual Statement of Investment Policy. (ADMIN SERVICES)
Documents: ITEM 14 REPORT 03082016.PDF 15. Quarterly Investment Report For The Quarter Ended December 31, 2015 The City Council will consider receiving and filing the Quarterly Investment Report for the quarter ended December 31, 2015. (ADMIN SERVICES)
Documents: ITEM 15 REPORT 03082016.PDF 16. Report Regarding The Conversion Of Gardendale Street From Garfield Avenue To The East City Limit To Accommodate A Road Diet In Accordance With The City's Bicycle Transportation Plan As Part Of The Gardendale Street Pavement Rehabilitation Project The City Council will consider receiving and filing a report regarding the conversion of Gardendale Street, from Garfield Avenue to the East City Limit, to accommodate a road diet in accordance with the City's Bicycle Transportation Plan as a part of the Gardendale Street Pavement Rehabilitation Project. (PW)
Documents: ITEM 16 REPORT 03082016.PDF 17. Special And Regular City Council Meeting Minutes Of January 12 And 26, 2016 The City Council will consider: (CLERK)
a. Approving the Special and Regular Meeting minutes of January 12, 2016;
b. Approving the Special and Regular Meeting minutes of January 26, 2016.
Documents: ITEM 17 REPORT 03082016.PDF IX. Reports, Recommendations and Requests 18. Report Regarding The Reduction Of Street Sweeping Parking Restrictions Citywide From 8.5 Hours To 5 Hours; And Appropriation Of Funds The City Council will consider: (PW)
a. Receiving and filing a report from the Director of Public Works/City Engineer regarding the reduction of street sweeping parking restrictions Citywide from 8.5 hours to 5 hours; and
b. Appropriating $150,000 in General Funds to replace and modify 6,000 street sweeping parking signs Citywide necessary to reduce the parking restrictions from 8.5 hours to five hours (Alternative 1).
Documents: ITEM 18 REPORT 03082016.PDF 19. Aztlan Foundation's Report Of The 2015 Jingle Road Run 5K/10K And Presentation Of Two Donation Checks To South Gate Police Activities League And Friends Of South Gate Parks The City Council will consider allowing Aztlan Foundation representatives to provide a brief report on the 2015 Jingle Road Run 5K/10K and present two donation checks to South Gate Police Activities League and the Friends of South Gate Parks. (PARKS)
Documents: ITEM 19 REPORT 03082016.PDF 20. Warrant Register For March 8, 2016 The City Council will consider approving the Warrants for March 8, 2016. (ADMIN SERVICES)
Total of Checks: $2,136,243.00 Voids: $ 0.00 Total of Payroll Deductions: $ (264,657.31) Grand Total: $1,871,585.69
Documents: ITEM 20 REPORT 03082016.PDF X. Adjournment I, Carmen Avalos, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted March 3, 2016, at 10:00 a.m., as required by law.
Carmen Avalos, City Clerk
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office
8650 California Avenue, South Gate, California 90280 (323) 563-9510 * fax (323) 563-5411 * www.cityofsouthgate.org
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk.
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of 3 RECEIVED Item No. 4 MAR1 Z016 cityof South Gate CITYOFSOUTHGATE CITY COUNCIL OFFiCEOFTHECITYMANAGER AINIA llTDTD For the Regular meeting of March 8, 2016 Originating Depart ent: Communi Develo t Department Head: City Manager: /??z7’ ichael F d
SUBJECT: CONDITIONAL USE PERMIT NO. 822 FOR THE SALE OF BEER AND WINE FOR OFF-SITE CONSUMPTION FOR FREDDY’S MARKET LOCATED AT 3433 TWEEDY BOULEVARD
PURPOSE: Chapter 11.42 of the South Gate Municipal Code requires a ConditionalUse Permit (CUP) for establishments offering the sale of alcoholic beverages and requires Planning Commission approval. If the decision of the Planning Commission is appealed, the CUP application must be presented to the City Council for a final decision.
RECOMMENDED ACTION: Continue the Public Hearing for consideration of Conditional Use Permit No. 822 to allow the sale of beer and wine for off-site consumption for Freddy’s Market located at 3433 Tweedy Boulevard to the regularly scheduled City Council meeting of July 12, 2016.
FISCAL IMPACT: No fiscal impact.
NOTICING PROCEDURES: Advertising and notification of the public hearing for the application was conducted in compliance with Chapter 11.50, Title 11of the South Gate Municipal Code.Notice of the hearing was posted and published in the “Los Angeles Wave” newspaper and mailed to the surrounding properties on February 11, 2016.
ANALYSIS: None
BACKGROUND: This item is an appeal to the Planning Commission’s denial of Conditional Use Permit No. 822. On its regularly scheduled City Councilmeeting of February23,2016, the City Council opened the public hearing for consideration of Conditional Use Permit No. 822to allow the sale of beer and wine for off-site consumption for Freddy’s Market located at 3433 Tweedy Boulevard and continued the hearing to March 8, 2016. The applicant is requesting the item be continued to the regularly scheduled City Council meeting of July 12, 2016 to allow for additional analysis ofthe appeal.
ATTACHMENT: Public Hearing Notice
1 PUBLIC NOTICE CITY OF SOUTH GATE CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of South Gate will hold a public hearing on Conditional Use Permit No. 822
DATE OF HEARING: Tuesday February 23, 2016 TIME OF HEARING: 6:30 pm LOCATION OF HEARING: City Hall Council Chamber, City of South Gate 8650 California Avenue South Gate, California
PROJECT LOCATION: 3433 Tweedy Boulevard, South Gate, CA 90280
PROJECT DESCRIPTION: A request to allow the operation of a Type 20 (Off-Sale Beer and Wine) alcohol license at an existing neighborhood market.
ENVIRONMENTAL REVIEW: This project is Categorically Exempt under Class 1 Existing Facilities
Section 15301 of the California Environmental Quality Act. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination.
INVITATION TO BE HEARD: All interested persons are invited to the public hearing to be heard in favor of or in opposition to the proposed project or to provide comments. In addition, written comments may be submitted to the Community Development Department prior to the hearing. If you challenge the action taken on this proposal in court, you may be limited to raising only those issues you or someone else raised at the public hearing, described in this Notice, or in written correspondence delivered to the City of South Gate prior to or at the public hearing.
Those desiring a copy of the staff report or further information related to this project should contact:
CARMEN AVALOS, City Clerk
ESPA1OL InformaciOn en Español acerca de esta junta puede ser obtenida llamando al 323-563-9514.
Published: February 11, 2016
2 RECEIVED City of South Gate Item No. 5 MAR 2 2016 CITY COUNCIL
CITY OF SOUTH GATE OFFIC1 OF NE CITY MA GEN :10afq For the R ular Meeting of March 8, 2016 rigin rtment: Community Develop Department Head: 161 City Manager: Joe Perez Michael Flad
SUBJECT: PROJECTS AND ALLOC TIONS ELIGIBLE FOR FUNDING FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 2016-2017
PURPOSE: To consider the Citizens Advisory Committee's recommended projects and funding amounts to be appropriated from Community Development Block Grant (CDBG) funds for Fiscal Year 2016-2017.
RECOMMENDED ACTIONS: Following the conclusion of the Public Hearing: a. Select and approve from the recommended Citizen Advisory Committee's list of proposed projects and allocations; and b. Determine the amount to be appropriated per project from the $1,673,132 Community Development Block Grant funding for Fiscal Year 2016-2017.
ISCAL IMPACT: The fiscal impact will be the expenditure of approximately $1,673,132 in regular Community Development Block Grant (CDBG) funds during fiscal year 2016-2017. However, funding amounts are subject to change due to Congressional restrictions. There is no impact to the General Fund.
NOTICING PROCEDURES: Advertising and notification of the Public Hearing was conducted in compliance with municipal code 11.50.020. Notice of the Hearing was posted and published in the Los Angeles WAVE on February 25, 2016.
ANALYSIS: The action before the City Council is part of the established CDBG funding allocation process. The Department of Housing and Urban Development (HUD) generally informs cities of their CDBG funding in July or August of each year. Since this occurs after the date the City begins the application process, staff estimated the CDBG allotment based on the previous year funding. HUD allows 20% ($221,790) of the CDBG allocation to go towards administrative costs including salaries, training, benefits, postage, maintenance of equipment, etc. and $24,000 for the Fair Housing Foundation allocation. Only 15% ($166,342) of the total allocation is allowed for Public Service Projects. This leaves $1,520,820 for Non-Public Service Projects. If less monies are received, they are applied to Council approved projects on a pro-rata basis, as per past practice.
BACKGROUND: During the month of October, letters were sent to non-profit organizations and city departments and a legal notice of funding availability was published on October 8, 2015 to inform prospective applicants of the availability of CDBG funds for fiscal year 2016-2017. Applications were made available to applicants at mandatory meetings held in November where the application process was explained in detail and questions answered. Completed applications were accepted in the City Clerk's office up until the deadline date of December 3, 2015. The Citizens Advisory Committee (CAC) then received and reviewed the applications and later heard presentations from representatives of all applicants at their meetings on January 27, February 3, and February 10, 2016. On February 17, 2016, the CAC discussed and recommended approval of the attached list of projects and allocations.
The CAC's recommendations differ slightly from those of staff, and are summarized in the attached tables. As you will note, under the Public Service Projects the CAC made recommendations for all services which were funded last year utilizing the full $166,342 available. The CAC also recommended $1,185,000 for Non-Public Services which allows the City to reserve $335,820 of the $1,520,820 available for the Courthouse rehabilitation project at a later date.
Upon approval of the CDBG projects and allocations, the Annual Action Plan Update will be finalized for submittal to HUD on or before May 13, 2016. The Annual Action Plan Update is both an application and a plan required by HUD for cities receiving funding from the CDBG program. Any changes made on projects or allocations after that date can only be approved pursuant to a Substantial Amendment which requires a public hearing process.
ATTACHMENTS: a) List of CAC and staff recommended projects and allocations b) Public Notice for CAC's recommended projects and allocations c) Public Notice of Availability of Funds CITY OF SOUTH GATE NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City of South Gate, California may receive approximately $1,108,952.00 dollars in Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD). Additionally, the City will carry over approximately $900,000.00 from prior years to fund projects during Fiscal Year 2016-2017. As part of this process, the City Council of South Gate will be conducting a Public Hearing to consider approving the Citizens Advisory Committee's (CAC) list of recommended projects and allocations.
DATE OF HEARING: Tuesday, March 8, 2016
TIME OF HEARING: 6:30 p.m.
LOCATION OF HEARING: City Hall Council Chamber City of South Gate 8650 California Avenue South Gate, CA 90280
The CAC's recommendations are as follows:
CDBG Allocation Total = $1,108,952: Program Administration Cap at 20%: +$221,790 Fair Housing Foundation: +$24,000 Public Service Allocation Cap at 15%: $166,342 Program Delivery $100,000 Carry-over from prior years $900,000 Public Facility & Improvement Projects Available = $1,520,820: Code Enforcement: $300,000 Commercial Façade Improvement $120,000 South Gate Park - Fence Restoration: $400,000 Public Works - Sidewalk Improvement Phase III: $260,000 Public Works - Walking Trail at Hollydale Park $75,000 GRID Alternatives - Affordable Solar Project $0 South Gate Arts Revival - Allen Theater Rehabilitation $0 Tweedy Mile - Window/Door Repair/Replacement: $30,000
Public Service Projects Available = $166,342: Police Department - Violence Prevention & Education: $7,000 Police Department - Police Explorers: $3,000 Public Works Department - Graffiti Abatement: $110,342 St. Francis Medical Center of Lynwood - Senior Services $0 The Salvation Army - Homeless Shelter $40,000 Hub-Cities Career Center - Second Chance Program $0 Police Department - Crime Prevention: $0 Southern California Rehabilitation Services: $6,000 National American Red Cross - Safety Campaign $0
INVITATION TO BE HEARD: All interested persons are invited to the Public Hearing to be heard. In addition, written comments may be submitted to the City Council prior to the hearing. Comments may be submitted in writing by mailing comments to City of South Gate, Community Development Department, Attn: Vivian M. Garcia, Housing Administrator, 8650 California Avenue, South Gate, CA 90280.
ESPANOL InformaciOn en Espanol acerca de esta junta puede ser obtenida llamando al (323) 563-9592.
/s/ Vivian M. Garcia, Housing Administrator /s/ Carmen Avalos, City Clerk Published: February 25, 2016 Los Angeles WAVE SOUTH GATE PRESS This space for filmy stamp only Office of the 3731 WILSHIRE BLVD STE 840, LOS ANGELES, CA 90015 c..nuth Gate City Clerk Telephone (323) 556-5720 / Fax (213) 834-0584 OCT 1 5 2015 FILED
Carmen Avalos SOUTH GATE CITY CLERK PRE #: 2802066
8650 CALIFORNIA AVE PUBLIC NOTICE CITY OF SOUTH GATE AVAILABILITY OF FUNDS AND REQUEST SOUTH GATE, CA - 90280 FOR PROPOSALS NOTICE IS HEREBY GIVEN that the City of South Gate is entitled to receive an estimated $1,400,000 dollars in Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) for Fiscal Year 2016-17. Of the total estimated amount, a maximum of fifteen percent (15%) or approximately $210,000 will be PROOF OF PUBLICATION available to applicants for Public Service projects. Proposed Public Service projects are required to benefit low to moderate-income City residents (2015.5 C.C.P.) and meet a HUD eligible activity, induding but not limited to those concerned with crime prevention, child care, health, drug abuse, education, fair State of California housing counseling, senior services, youth at-risk assistance or recreational needs . A complete list County of LOS ANGELES ) ss of the eligible activities is available at South Gate City Hall in the Housing Division of the Community Development Department or online at the U.S Government Printing Office website: Notice Type: GPN - GOVT PUBLIC NOTICE www.ecfr.gov, Title 24 - CFR 570 —CDBG, Subpart C §570.201(e). Organizations interested in applying for CDBG funding must attend the mandatory workshop to be eligible to Ad Description: receive an application on: DATE OF WORKSHOP: Tuesday, November 3, 2015 2016-17 CAC Allocations TIME: 11:00AM LOCATION: South Gate Civic Center Museum 8680 California Avenue South Gate, CA 90280 Applicant personnel who will be designated on the proposed application as responsible for writing the grant application and I am a citizen of the United States and a resident of the State of California; I am managing the project are required to attend the over the age of eighteen years, and not a party to or interested in the above workshop, and submit an RSVP confirmation to Haydee Becerra, Management Analyst, at entitled matter. I am the principal clerk of the printer and publisher of the [email protected] by Thursday, October 29, SOUTH GATE PRESS, a newspaper published in the English language in the 2015 with the following information: 1. Name of organization; city of SOUTH GATE, county of LOS ANGELES, and adjudged a newspaper of 2. Name of the proposed project; general circulation as defined by the laws of the State of California by the 3. Name and title of each attendee; and, 4. Contact information for each attendee Superior Court of the County of LOS ANGELES, State of California, under date Those desiring further information should contact Haydee Becerra, Management Analyst, (323) 04/19/1929, Case No. 273415. That the notice, of which the annexed is a 563-9592/hbecerra sogate.org, Community printed copy, has been published in each regular and entire issue of said Development Department, City of South Gate, 8650 California Avenue, South Gate, CA newspaper and not in any supplement thereof on the following dates, to-wit: 90280-3075. The South Gate Citizens Advisory Committee and City Coundl will hold a series of Public Heanngs to determine and approve the funding recommendations for each Public Service project. ESPANOL: lnformacidn en Espanol scarce de esta junta puede ser obtenida Ilartlando at (323) 563-9592. /s/ Vivian M. Garcia, Housing Administrator 10/8/15 PRE-28020661 SOUTH GATE PRESS
10/08/2015
Executed on: 10/08/2015 At Los Angeles, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Signature
*IIIA 1111) 0111111118 11111 711,11111*1 1 Fiscal Year 2016-2017 Community Development Block Grant Funding Breakdown CDBG Allocation Total for FY 2016-2017 $1,108,952 Program Administration Allocation (20`)/o cap of FY allocation): $221,790 Minus funding allocation for Fair Housing Foundation Allocation ($24,000) Funding available for Public Service Projects -$166,342 (15% cap of FY allocation) Program Delivery -$100,000 Carry-Over +$900,000 Funding available for Non-Public Service Projects ,=$1,520,820 Total Funding $2,008,952 Non-Public Service Allocations Program New Council for Request Management CAC Funding Approved Projects FY 2015-16 FY 2016-17 Recommendations Recommendations City Sponsored Projects: Community Dev. Community Dev. Department: $300,000 Department: $300,000 $300,000 $300,000 Code Enforcement Division Code Enforcement Divrilion Parks & Recreation Parks & Recreation Department: $400,000 Department: $400,000 $400,000 $400,000 South Gate Park Improvements, Phase I ' Park Fence Restoration c,' Replacement Public Works Department: Public Works Department: $171,024 $260,000 $260,000 $260,000 Sidewalk Improvement Project, Phase in Sidewalk Improvement Project, Phase II ' Public Works Department: [Walking Trail at Hollydale Park $75,000 $75,000 $75,000 Community Dev. Department: $150,000 $150,000 $120,000 Commercial Facade Improvement Non-profit Sponsored Project: Tweedy Mile Association South Gate Arts Revival $o $40,000 $0 $0 Building Rehabilitation Building Rehabilitation Tweedy Mile Association Tweedy Mile Association $30,000 $60,000 $0 $30,000 Repairepair of Windows and Doors Repair of Windows and Doors Grid Alternatives South (;ate Solar Affordable I tome $50,000 $0 $0 Projects Total Amount Requested/Recommended $1,335,000 $1,185,000 $1,185,000 Total Funding Available: $1,520,820 Balance available after CAC allocations : $335,820
Current Program New Request Management Council Public Service Allocation FY 2015-16 Recommendations CAC Funding Approved Projects: FY 201344 Recommendations "High Priority" Compatior, Inc. Not funded $0 South Gate Counseling Center $ $ Police Department Police Activities League $8,000 $ $ $0 Police Department Police Department Family I 'iolence Prevention and Education $10,000 Family I 'iolence Prevention and Education $10,000 $10,000 $7,000 Program Program Police Department Police Department $5,000 $15,000 $5,000 $3,000 Police Explorers Police Explorers Public Works Department Public Works Department $286,945 $106,342 $110,342 Graffiti Abatement Program $151,928 Graffiti Abatement Program Steelworkers Oldtimers Foundation $20,000 $ $ $0 Senior Nutrition Program Teen Challenge Ministry Institute $10,000 $ $ $0 After School Learning Center REALgirl Foundation The Salvation Arm y Not funded $45,625 $40,000 $40,000 Youth Empowerment & Education COSG Community Services Program St. Francis Medical Center of St. Francis Medical Center of Lynwood Not funded Lynwood $5,473 $0 $0 Health Benefits Resource Center Health Benefits Resource Center "Medium Priority" Police Department Police Department Not funded $30,925 $0 $0 Crime Prevention Crime Prevention Southern California Southern California Rehabilitation Services $3,000 Rehabilitation Services $6,000 $5,000 $6,000 Assistive Technology Program Assistioe Technology Program Hub Cities Career Center $50,000 $0 $0 Second Chances "Low Priority" National American Red Cross $20,000 $0 $0 Home Fire Preparedness Campaign Total Amount Requested/Recommended: $469,968 $166,342 $166,342 Total Funding Available: $166,342 Balance available after CAC allocations : $0
‘— ‘5 Attachment Level BACKGROUND: Council’s conservation Resolution November City’s additional water 02 reduce 01 enforce ANALYSIS: FISCAL RECOMMENDED Regulatory Law Regulatory conservation to PURPOSE: mandatory an RECVED 8, Department SUBJECT: 2016. reduce Emergency EE EE. MAR ( (OAL) consumption water 1, water (Attachment These 5prfl water IMPACT: 3. Water actions water water 2016 No. water Action, Action under D). Head: district; measures measures consumption zci conservation water On On ACTION NOVEMBER STATE OFFICE MANDATORY RESOLUTION Regulatory 7666 equates conservation On consumption Supply were conservation June the February decreased 2016-0203-01 Resolution B). ACTION: must this June conservation On A guidance since in expired WATER 23, to As Ar OF resolution Shortage 12% April response 2016-0203-01 now Action 23, by an
2015, City urvn measures a 11, the by For measures estimated ADMINISTRATIVE 8, part 12% Statewide 2015, No. r be measures reduction of on 28, 2016, rigin City 2016 13% RESOURCES the the the to amended AMENDING EE measures February WATER of to and as 7666 2015, was Adopt has extend City the between the Regular State this within the IN initially
approved of with ting reduction to effective satisfied CITY EE must by through Executive COMPLIANCE State City Council the process. in implement Water to Resolution mandatory Department: a 13, have 25%. the
APPROVED South City potable comply Meeting June goal be required Council of CONSERVATION 2016. by COUNCIL CONTROL City’s the amended of from Resources November California, adopted been Resolution Council it RESOLUTION of 2015 Order the $1.4 City mandate LAW is reducing with To water mandatory oJ amending May water by water sufficient State adopted not and million Manager: Public adopted be March Resolution Emergency to Emergency WITH adopted necessary UNDER BY Control fl\ 18, January 8, Office in conservation BOARD consumption of extend to district
No. Gate water 2016 compliance 2015 reduce in California, Works Resolution THE Resolution to 8. water rm7 by EMERGENCY 7666 Water Resolution of 2016 Board. meet the 2016. consumption in Governor to No. to THE ich Regulatory to NO. Regulatory Administrative MEASURES water STATE compliance February comply expiration authorizing conservation implement Fund 7666 the measures from with Office No. GUIDANCE No. consumption 7666 la mandate No. revenue. (see Jerry with OF the 7666 7666 Action February 13, Action by Item date of REGULATORY 7657 Attachment with that additional additional new Brown CALIFORNIA 2016. the 12% Law, EXTENDING Administrative measures to extending since to THROUGH are to 2015-0506- 20 mandate Emergency Emergency implement by November within OF approved declare The 16-0203- 2016 on in potable 12%. effect water water No. April THE E) City (see the the to to to a 6 1, 2015 to implement mandatory water conservation measures to reduce statewide potable water usage by 25 percent, and in response to Emergency Regulatory Action 2015-0506-02 EE.
With drought conditions persisting throughout California, on November 13, 2015, Governor Brown issued Executive Order B-36-15 to extend the mandatory water conservation measures which previously expired on February 13, 2016 (see Attachment C). On February 2, 2016, the SWRCB adopted an emergency regulation to implement the executive order. Then on February 11, 2016, the OAL approved Emergency Regulatory Action 2016-0203-O1EE to extend the mandatory water conservation measures through November 8, 2016. While the new legislations offer minor changes, most of the previous water conservation measures remain in effect.
The City may comply with the new regulations by amending Resolution No. 7666 to extend mandatory water conservation measures through November 8, 2016.
Below are a few examples of the water conservation measures that are currently in place:
1. A prohibition against irrigating (with potable water) outdoor landscapes during and within 48 hours after measurable rainfall; 2. A prohibition against irrigating (with potable water) ornamental turf on public street medians. 3. A prohibition against irrigating (with potable water) landscapes outside of newly constructed homes and buildings in a maimer inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development; 4. Washing motor vehicles with a hose is prohibited, unless the hose is fitted with an automatic shut-off nozzle. 5. City to provide prompt notice to a water customer wherever the City obtains information indicating that a leak may exist within the customer’s exclusive control. 6. City will prepare and submit to the State Water Resources Control Board a monitoring report containing a variety of specified information by the 15th day of each month, on forms provided. 7. Watering or irrigating of lawn, landscape or other vegetated areas with potable water is limited to three (3) days per week from March through October and one (1) day per week from November through February.
Public outreach efforts to notify the City’s water customers that the mandatory water conservations measures continue to be in effect will be communicated through a water conservation flyer which will be distributed via mail (see Attachment G), social media, the City’s website and email blasts. A water conservation message will also be included in utility water bill inserts. Staff will also promote water conservation at various community events as opportunities arise.
ATTACHMENTS: A. Proposed Resolution B. Office of Emergency Law Publication February 11, 2016 C. Executive Order B-36-15 of November 13, 2015 D. Resolution No. 7657 adopted on April 28, 2015 E. Resolution No. 7666 adopted on June 23, 2015 F. Water Conservation Ordinance No. 2263 G. Sample Water Conservation Flyer
AA:lc
2 RESOLUTION NO.
CITY OF SOUTH GATE LOS ANGELES COUNTY, CALIFORNIA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE AMENDING RESOLUTION NO. 7666 EXTENDING THE MANDATORY WATER CONSERVATION MEASURES THROUGH NOVEMBER 8, 2016 INCOMPLIANCE WITH EMERGENCY REGULATORY ACTION 2016-0203-01 EE APPROVED BY THE STATE OF CALIFORNIA, OFFICE OF ADMINISTRATIVE LAW UNDER THE GUIDANCE OF THE STATE WATER RESOURCES CONTROL BOARD
WHEREAS, the State of California is in a severe drought and mandatory water conservation measures are currently in effect to reduce water consumption Statewide by 25 percent as required in the State of California, Office of Administrative Law (OAL) File No. 2015-0506-02 EE; and
WHEREAS, on April28, 2015 the CityCouncil adopted Resolution No. 7657 entitled “A Resolution of the City Council of the City of South Gate Declaring a Level 1 Water Supply Shortage Condition and Implement the Mandatory Level I Conservation Measures Identified in Section 6.64.070 (Level I Water Supply Shortage) of Chapter 6.64 (Water Conservation Ordinance) of the South Gate Municipal Code”; and
WHEREAS, on June 23, 2015 the City Council adopted Resolution No. 7666 entitled “AResolution of the City of South Gate Authorizing Additional Water Conservation Measures in Compliance with the New Statewide Water Conservation Mandates Set in the Office of Administrative Law File No. 201 5-0506-02 EE as Necessary to Achieve a 12 Percent Potable Water Usage Reduction Within the City’s Water District”;and
WHEREAS, on November 13, 2015, Governor Edmund G. Brown Jr. issued Executive Order B-36-15 calling for an extension of the mandatory water conservation measures until October 31, 2016. The executive order directs the State Water Resources Control Board (“SWRCB”) to consider modifying the mandatory water conservation measures if drought conditions persist through January of 2016; and
WHEREAS, on February 2, 2016 the SWRCB submitted to the CAL for approval, a modified and updated emergency water conservation regulation, amending and adopting Sections 863, 864, 865 and 866 of Article 22.5 (Drought Emergency Water Conservation) of Article 22 of the SWRCB’s regulations (the “Emergency Regulatory Action”); and
WHEREAS, on February 11, 2016, the CAL approved Emergency Regulatory Action 2016-0203-01 EE thereby extending mandatory water conservation efforts to reduce water consumption Statewide by 25 percent. The effective period is from February 11, 2016 to November 8, 2016; and
1 3 WHEREAS, the water conservation measures required in Resolution No. 7666 expired on February 13, 2016; and
WHEREAS, to comply with Emergency Regulatory Action 2016-0203-01 EE, the City Council now wishes to amend Resolution No. 7666 to change the expiration date to November 8, 2016 in order to extend the mandatory water conservation measures.
NOW, THEREFORE, THE CITYCOUNCIL OF THE CITYOF SOUTH GATE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are alltrue and correct and incorporated herein by this reference.
SECTION 2. The Section 7 of the Resolution No. 7666 adopted by the CityCouncil on June 23, 2015 is hereby amended to read as follows:
“SECTION 7. The prohibitions, requirements, and authorizations contained herein and identified in Emergency Regulatory Action 2016-0203-01 EE shall expire on November 8, 2016 or such later date as the Emergency Regulatory Action may be extended by the SWRCB, the OAL,the Governor of California, or any other State Agency having jurisdiction over the City and the water use within the City.”
SECTION 3. The City Clerk shall certify to the adoption of this Resolution, which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 8th day of March 2016.
CITY OF SOUTH GATE:
Jorge Morales, Mayor
ATTEST:
Carmen Avalos, City Clerk (SEAL)
APPROVE STO FORM:
F. Salinas, City Attorney
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is 13 Authority: Section 1058.5,Water Code. References: ArticleX, Section 2, CaliforniaConstitution; Sections 102, 104, 105,275, 350, 1846, 10617and 10632, Water Code; Light v. State WaterResources Control Board (2014) 226 Cal.App.4th 1463.
Sec. 866. AdditionalConservation Tools. (a)(l) To prevent the waste and unreasonable use of water and to promote conservation, when a water supplier does not meet its conservation standardrequiredby section 865the ExecutiveDirector, or the Executive Director’s designee,may issue conservation ordersrequiring additional actions by the supplier to come into compliance with its conservationstandard. (2) A decisionor order issued under this article by the boardBoardor an officer or employee of the boardBoard is subjectto reconsideration under article 2 (commencing with section 1122)of chapter 4 of part 1 of division 2 of the Water Code. (b) The ExecutiveDirector, or his designee, may issue an informationalorder requiring water suppliers,or commercial,industrial or institutional propertiesthat receive any portion of their supply from a source other than a water supplier subjectto section 865, to submitadditional informationrelating to water production, wateruse or water conservation. The failure to provide the informationrequested within 30 days or any additional time extension granted is a violation subject to civil liability of up to $500 per day for each day the violation continues pursuant to Water Codesection 1846. (c) Ordersissued under previous versions of this subdivision shallremain in effect and shall be enforceableas if adopted under this version..
Authority: Section 1058.5, Water Code. References: Article X, Section 2, California Constitution; Sections 100, 102, 104, 105, 174, 186, 187,275, 350, 1051, 1122, 1123, 1825, 1846, 10617 and 10632,Water Code; Light v. State WaterResources Control Board (2014) 226 Cal.App.4th 1463.
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of 17 RESOLUTION NO. 7657
CITYOF SOUTH GATE LOS ANGELES COUNTY,CALIFORNIA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE DECLARING A LEVEL I WATER SUPPLY SHORTAGE CONDITIONAND IMPLEMENTTHE MANDATORY LEVEL I CONSERVATION MEASURES IDENTIFIED IN SECTION 6.64.070 (LEVEL I WATER SUPPLY SHORTAGE) OF CHAPTER 6.64 (WATER CONSERVATION ORDINANCE) OF THE SOUTH GATE MUNICIPALCODE
WHEREAS, the State of California is in the fourth year of a severe drought; and
WHEREAS, one impact of that drought is that on March 18, 2015 the State Water Resources Control Board (SWRCB) issued an expanded and extended emergency water conservation regulation which, among other things. requires every urban water supplier such as the City of South Gate to “implement all requirements and actions of the stage of its water shortage contingency plan that includes mandatory restrictions on the number of days that outdoor irrigation of ornamental landscapes or turf with potable water is allowed’; and
WHEREAS, the City can comply with that SWRCB regulation by implementing the water conservation measures set forth in Section 6.64.070 of the South Gate MunicipalCode; and
WHEREAS, pursuant to Section 6.64.070.A of the South Gate Municipal Code, the City has determined that a water supply shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are all true and correct and incorporated herein by this reference.
SECTION 2. Pursuant to Sections 6.64.070.A and 6.64.100 of the South Gate Municipal Code, the South Gate City Council hereby declares that a “Level 1 water supply shortage condition” exists.
4247956 I — t235i3 18 SECTION 3. The City Council hereby orders that all of the mandatory Level I conservation measures identified in Chapter 6 64 of the South Gate Municipal Code be implemented as soon as reasonably possible, including without limitation prohibitions on water uses identified in Section 6.64.060 of the South Gate Municipal Code and the additional water conservation measures listed in Section 6.64.070.8 of the South Gate Municipal Code.
SECTION 4. The City Manager, the Director of Public Works, and their designees are hereby authorized and directed to take all acts which they deem necessary or appropriate to implement and enforce the conservation measures identified in Section 3 above.
SECTION 5. The City Clerk shall certIfyto the adoption of this Resolution, which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this th28 day of April,2015.
CITYOF SOUTH GATE:
—
Jorge Mayor
ATTEST:
Carmen Avalos, City Clerk (SEAL)
APPROVED TO FORM:
F. Salinas, CityAttorney
4247956 I .. L23553 19 - -. J- aa... a.. #. -
RESOLUTION CERTIFICATION PAGE
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF SOUTH GATE )
I, Carmen Avalos, City Clerk of the City of South Gate, California,herebycertifj that the whole numberof Membersof the City Councilof said City is five;that ResolutionNo. 7657 was adopted by the City Councilat their Regular Meetingheldon April28, 2015, by the following vote:
Ayes: CouncilMembers: Morales, Dc Witt, Davila,Hurtado and Bernal
Noes: CouncilMembers: None
Absent: CouncilMembers: None
Abstain: CouncilMembers: None
Witnessmyhand and the seal of said City on April30, 2015.
Carmen Avalos,CityClerk City of South Gate, California
20 RESOLUTION NO. 7666
CITY OF SOUTH GATE LOS ANGELES COUNTY, CALIFORNIA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE AUTHORIZING ADDITIONAL WATER CONSERVATION MEASURES IN COMPLIANCE WITH THE NEW STATEWIDE WATER CONSERVATION MANDATES SET IN THE OFFICE OF ADMINISTRATIVE LAW FILE NO. 2015-0506-02 EE AS NECESSARY TO ACHIEVE A 12 PERCENT POTABLE WATER USAGE REDUCTION WITHIN THE CITY’S WATER DISTRICT
WHEREAS, the State of California is in the fourth year of a severe drought; and
WHEREAS, one impact of the drought is that on May 6, 2015 the State Water Resources Control Board (‘SWRCB”) issued, and submitted to the State Office of Administrative Law (‘OAL”) for approval, a modified and updated emergency water conservation regulation, amending and adopting Sections 863864. 865 and 866 of Article 22.5 (Drought Emergency Water Conservation) of Article 22 of the SWRCB’s (the “Emergency Regulation’); and regulationsWHEREAS, the OAL approved the Emergency Regulation on May 18. 2015, stating that it shall be effective from that date until the expiration date of February 13, 2016; and
WHEREAS, the Emergency Regulation, at Section 865(c)(4), requires the City of South Gate to reduce its total potable water production by twelve percent (12%); and
WHEREAS, the Emergency Regulation sets forth various mandatory conservation measures intended to help the City achieve that 12% reduction; and
WHEREAS, most, but not all, of those conservation measures required by the Emergency Regulation are already addressed in the City’s permanent water conservation requirements codified at Section 6.64.060 of the South Gate Municipal Code; and
WHEREAS, the City Council wishes to ensure that the City and water users within the City fully comply with all requirements of the Emergency Regulations, including those not already contained in the above-referenced City ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE DOES HEREBY RESOLVE AS FOLLOWS:
21 SECTION 1. The above recitals are all true and correct and incorporated herein by this reference.
SECTION 2. Pursuant to subsections 5, 7 and 8 of Section 864(a) of the Emergency Regulation, the following are prohibited within the City of South Gate. except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency:
2.1 The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall,
2.2 The irrigation with potable water of ornamental turf on public street medians; and
2.3 The irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development
SECTION 3. Pursuant to Section 865(b)(1) of the Emergency Regulation. with respect to each person and entity to whom the City provides potable water, the City shall provide prompt notice to such person or entity whenever the City obtains information that indicates that a leak may exist within the end-user’s exclusive control.
SECTION 4. Pursuant to Section 865(b)(2) of the Emergency Regulation, the City shall submit to the SWRCB, by the 15th day of each month, a monitoring report on forms provided by the SWRCB. containing the information required by the Emergency Regulation.
SECTION 5. The City Manager, the Director of Public Works, and their designees are hereby authorized and directed to take all actions which they deem necessary or appropriate to implement and enforce the conservation measures and other requirements identified in this Resolution.
[Remainder of page left blank intentionally]
7 22 6. Without limiting the generality of Section 5, if the City Manager or the Director of Public Works determines that the Emergency Regulations require the SECTIONCity to take other actions not addressed in Sections 2, 3 and 4 of this Resolution and not addressed in South Gate Municipal Code Section 6.64060, then the City Manager, the Director of Public Works, and their designees are hereby authorized and directed to take such other actions as necessary to comply with the Emergency Regulations
SECTION 7. The prohibitions, requirements and authorizations contained herein shall expire on the later of February 13, 2016 or such later date as the Emergency Regulations may be extended by the SWRCB, the OAL, the Governor of California, or any other State Agency having jurisdiction over the City and water use within the City.
SECTION 8. The City Clerk shall certify to the adoption of this Resolution. which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 23 day of June 2015
CITY OF SOUTH GATE: L.. —) ( Jorgës, Mayor
ATTEST: I t /
Carmen Avalos, City Clerk (SEAL)
APPROVED STOFORM:
R ul F. Salinas, City Attorney
3 23 RESOLUTION CERTIFICATION PAGE
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF SOUTH GATE )
1,Carmen Avalos, City Clerk of the Cityof South Gate, California,hereby certifythat the whole number of Members of the CityCouncilof saidCity is five; that Resolution No. was adopted by the City Councilat their RegularMeetingheld on June 23, 2015, by the following vote:
Ayes: CouncilMembers: Morales,De Witt, DavilaandBernal
Noes: CouncilMembers: None
Absent: CouncilMembers: Hurtado
Abstain: Council Members: None
Witnessmy hand and the seal of said City on June 24, 2015.
Carmen Avalos, CityClerk City of South Gate, California
24 ORDINANCE NO. 2263
CITY OF SOUTH GATE LOS ANGELES COUNTY, CALIFORNIA
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE AMENDING TITLE 6 (HEALTH AND SANITATION), CHAPTER 6.64 (WATER CONSERVATION) OF THE SOUTH GATE MUNICIPAL CODE IN ITS ENTIRETY
WHEREAS, the purpose of this ordinance is to modify water conservation regulations and water shortage contingency measures consistent with the State law; and
WHEREAS, California enters its third consecutive year of drought; and
WHEREAS, the City’s policy promotes conservation and efficient use of water; and
WHEREAS, mandatory conservation will begin replacing voluntary efforts at the local government level; and
WHEREAS, cities must begin implementing local efforts through partnerships, ordinances, and tiered rate systems in order to meet pending state requirements and qualify for much-needed funding through the Metropolitan Water District; and
WHEREAS, The Metropolitan Water District (MWD) Board of Directors has adopted a policy requiring cities in its jurisdiction to have a water conservation ordinance in place by June 30, 2009, as a prerequisite for funding through the Public Sector Program (PSP) and Enhanced Conservation Program (ECP); and
WHEREAS, this ordinance has been determined to be Categorically Exempt pursuant to Section 15308, Class 8 of the California Environmental Quality Act (CEQA);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE DOES HEREBY ORDAIN AS FOLLOWS:
CAHPTER 6.64 (WATER CONSERVATION) Sections: 6.64.010 Title. 6.64.020 Findings. 6.64.030 Declaration of Purpose and Intent.
25 6.64.040 Definitions. 6.64.050 Application. 6.64.060 Permanent Water Conservation Requirements — Prohibition Against Waste. 6.64.070 Level 1 Water Supply Shortage. 6.64.080 Level 2 Water Supply Shortage. 6.64.090 Level 3 Water Supply Shortage — Emergency Condition. 6.64.1 00 Procedures for DeterminationlNotification of Water Supply Shortage. 6.64.110 Level 3 Alternate Provisions. 6.64.120 Hardship Waiver. 6.64.130 Penalties and Violations. 6.64.140 Severability.
SECTION 1. Title 6 (Health and Sanitation) of the South Gate Municipal Code is amended by adding Chapter 6.64 (Water Conservation Ordinance) as follows:
6.64.010. Title. This chapter will be known as the City of South Gate Water Conservation and Water Supply Shortage Program.
6.64.020. Findings. A. A reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the City of South Gate and Southern California region. B. Southern California is a semi-arid region and is largely dependent upon imported water supplies. A growing population, climate change, environmental concerns, and other factors in other parts of the State of and western United States, make the region highly susceptible to water supply reliability issues. C. Careful water management that includes active water conservation measures not only in times of drought, but at all times, is essential to ensure a reliable minimum supply of water to meet current and future water supply needs. D. Article Xl, Section 7 of the California Constitution declares that a City or County may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws. E. Article X, Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof. F. California Water Code Section 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies. G. The adoption and enforcement of a water conservation and supply shortage program is necessary to manage the City’s potable water supply in the short and long-term and to avoid or minimize the effects of drought and shortages within the
2 26 City. Such program is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare.
6.64.030. Declaration of Purpose and Intent. A. The purpose of this chapter is to establish a water conservation and supply shortage program that will reduce water consumption within the City of South Gate through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the City of South Gate to avoid and minimize the effect and hardship of water shortage to the greatest extent possible. B. This chapter establishes permanent water conservation standards intended to alter behavior related to water use efficiency for non-shortage conditions and further establishes three levels of water supply shortage response actions to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies.
6.64.040. Definitions. A. The following words and phrases whenever used in this chapter have the meaning defined in this section:
1. “City”means the City of South Gate. 2. “Person” means any natural person or persons, corporation, public or private entity, governmental agency or institution, or any other user of water provided by the City. 3. “Landscape Irrigation System” means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system. 4. “Large Landscape Areas” means a lawn, landscape, or other vegetated area, or combination thereof, equal to more than one (1) acre of irrigable land. 5. “Single Pass Cooling Systems” means equipment where water is circulated only one to cool equipment before being disposed. 6. “Potable Water” means water which is suitable for drinking. 7. “Recycled Water” means the reclamation and reuse of non-potable water for beneficial use. 8. “BillingUnit” means the unit of water used to apply water rates for purposes of calculating water charges for a persons water usage and equals one hundred (100) cubic feet or seven hundred forty-eight (748) gallons of water.
6.64.050. Application. A. The provisions of this chapter apply to any person in the use of any potable water provided by the City. B. The provisions of this chapter do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services.
3 27 C. The provisions of this chapter do not apply to the use of recycled water, with the exception of Section VI (a). D. The provisions of this chapter do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale. E. This chapter is intended solely to further the conservation of water, It is not intended to implement any provision of federal, state, or local statues, ordinances, or regulations relating to protection of water quality or control of drainage or runoff. Refer to the local jurisdiction or Regional Water Quality Control Board for information on any storm water ordinances and storm water management plan.
6.64.060. Permanent Water Conservation Requirements- Prohibition Against Waste. The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water.
A. Limits on Watering Hours: Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 9 a.m. and 6 p.m. Pacific Standard Time on any day, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. B. Limit on Watering Duration: Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than fifteen (15) minutes watering per day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. C. No Excessive Water Flow or Runoff: Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. D. No Washing Down hard or Paved Surfaces: Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device or a low- volume, high pressure cleaning machine equipped to recycle any water used. E. Obligation to Fix Leaks, Breaks or Malfunctions: Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user’s plumbing or distribution system for any period of time after such escape of water should have reasonable been discovered and corrected and in no event more than days of receiving notice from the City is prohibited.
4 28 whether
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29 B. Additional Water Conservation Measures: In addition to the prohibited uses of water identified in Section VI, the following water conservation requirements apply during a declared Level 1 Water Supply Shortage:
1. Limits on Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to three days per week on a schedule established and posted by the City. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the City. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. 2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within seventy-two (72) hours of notification by the City unless other arrangements are made with the City. 3. Other Prohibited Uses: The City may implement other prohibited water uses as determined by the City, after notice to customers.
6.64.080. Level 2 Water Supply Shortage. A. A Level 2 Water Supply Shortage exists when the City determines, in its sole discretion, that due to drought or other supply reductions, a water supply shortage exists and a consumer demand reduction is necessary to make more efficient use of water and respond to existing water conditions. Upon the declaration by the City of a Level 2 Water Supply Shortage condition, the City willimplement the mandatory Level 2 conservation measures identified in this section.
A Level 2 Water Supply Shortage condition exists when the City notifies its water users that due to drought or other supply reductions, a consumer demand reduction of up to 15% is necessary to make more efficient use of water and respond to existing water conditions. Upon the declaration of Level 2 Water Supply Shortage condition, the City shall implement the mandatory Level 2 conservation measures identified in this Ordinance.
B. Additional Conservation Measures: In addition to the prohibited uses of water identified in Section VI and VII, the following additional water conservation requirements apply during a declared Level 2 Water Supply Shortage.
1. Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to two days per week on a schedule established and posted by the City. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the City. This
6 30 provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self- closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. 2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within forty-eight (48) hours of notification by the city unless other arrangements are made with the City. 3. Limits on Filling Ornamental Lakes or Ponds: Filling or re-filling ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to declaration of a supply shortage level under this ordinance. 4. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not limited to, any automobile, truck, van, bus motorcycle, boat or trailer, whether motorized or not, is prohibited except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, by high pressure/low volume wash systems, or at a commercial car washing facility that utilizes a re-circulating water system to capture or reuse water. 5. Limits on Filling Residential Swimming Pools and Spas: Refilling of more than one foot and initial filling of residential swimming pools or outdoor spas with potable water is prohibited. 6. Other Prohibited Uses: The City may implement other prohibitions on water uses as determined by the City, after notice to customers.
Other Options at Level II:
1. Water Allocations! Water Budget: The City may establish a water allocation for property served by the City using a method that does not penalize persons for the implementation of conservation methods or the installation of water saving devices. The City must provide notice of the allocation by including it in the regular billing statement for the fee or charge or by any other mailing to the address to which the City customarily mails the billing statement for fees or charges for on-going water service. Following the effective date of the water allocation as established by the City, any person that uses water in excess of the allocation will be subject to a penalty in the amount of $2.50 for each billing unit of water in excess of the allocation or an amount established by the Resolution of City Council whichever is greater. The penalty for excess water usage will be cumulative to any other remedy or penalty that may be imposed for violation of this Ordinance. 2. Water Supply Shortage Rates: During a Level 2 Water Supply Shortage condition, the City may increase water rates, other than Tier I Lifeline rates of 15 units per residential household.
7 31 3. Mandatory % Use Reductions: During a Level 2 Water Supply Shortage condition, all customers will be required to reduce water consumption by a percentage determined by the City.
6.64.090. Level 3 Water Supply Shortage- Emergency Condition. A. A Level 3 Water Supply Shortage condition is also referred to as an “Emergency” condition. A Level 3 condition exists when the City declares a water shortage emergency and notifies its residents and businesses that a significant reduction in consumer demand is necessary to make more efficient use of water and respond to existing water conditions. Upon the declaration of a Level 3 Water Supply Shortage Emergency condition, the City will implement the mandatory Level 3 conservation measures identified in this section.
A Level 3 Water Supply Shortage Emergency exists when the City declares a water shortage emergency condition pursuant to California Water Code Section 350 and notifies its residents and businesses that more than a 40% consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code Section 350.
B. Additional Conservation Measures: In addition to the prohibited uses of water identified in Section VI, VII, and VIII, the following water conservation requirements apply during a declared Level 3 Water Supply Shortage Emergency: 1. No Watering or Irrigating: Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. This restriction does not apply to the following categories of use unless the City has determined that recycled water is available and may be lawfullyapplied to the use:
Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container, hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or a very low-flow drip type irrigation system when no emitter produces more than two (2) gallons of water per hour subject to the hour restrictions in Section VI (a); ii. Maintenance of existing landscape necessary for fire protection; iii. Maintenance of existing landscape for soil erosion control; iv. Maintenance of plant materials identified to be rare or essential to the well being of rare animals: v. Maintenance of landscape within active public parks and playing fields, day care centers, school grounds, cemeteries, and golf course greens, provided that such irrigation does not exceed two (2) days per week according to the schedule established in Section VIII(b) (1) and time restrictions in Section VI (a) and (b)(1); vi. Public Works projects and actively irrigated environmental mitigation projects.
8 32 2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within twenty four (24) hours of notification by the City unless other arrangements are made with the City. 3. No new Potable Water Service: Upon declaration of a Level 3 Water Supply Shortage Emergency condition, no new potable water service will be provided, no new temporary meters or permanent meters will be provided, and no statements of immediate ability to serve or provide potable water service (such as, will serve letters, certificates, or letters of availability) will be issued, except under the following circumstances: a. A valid, unexpired building permit has been issued for the project; or b. The project is necessary to protect the public’s health, safety, and welfare; or c. The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the City. This provision does not preclude the resetting or turn-on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one year or less. d. Discontinue Service: The City, in its sole discretion, may discontinue service to consumers who willfullyviolate provisions of this section. e. Other Prohibited Uses: The City may implement other prohibited water uses as determined by the City, after notice to customers.
6.64.1 00. Procedures for Determination/Notification of Water Supply Shortage. A.. Declaration and Notification of Level I and 2 Water Supply Shortage: The existence of Level I and Level 2 Water Supply Shortage conditions may be declared by resolution of the City adopted at a regular or special public meeting held in accordance with State law. The mandatory conservation requirements applicable to Level I or Level 2 conditions will take effect on the tenth day after the date the shortage level is declared. Within five days following the declaration of the shortage level, the City must publish a copy of the resolution in a newspaper used for publication of official notices. if the City establishes a water allocation, it must provide notice of the allocation by including it in the regular billing statement for fees or charges for ongoing water service. A water allocation will be effective on the fifth day following the date of mailing or at such later date as specified in the notice. B. Declaration and Notification of Level 3 Water Supply Shortage: The existence of a Level 3 Water Supply Shortage Emergency condition may be declared in accordance with the procedures specified in Water Code Sections 351 and 352. The mandatory conservation requirements applicable to the Level 3 conditions will take effect on the tenth (10) day after the date the shortage level is declared. Within five (5) days following the declaration of the shortage level, the City must publish a copy of the Resolution in a newspaper used for the publication of official notices. If the City establishes a water allocation, it willprovide notice of the allocation by including it in the regular billing statement or by any other mailing to the address to which the City
9 33 customarily mails the billing statement or by any other mailing to the address to which the City customarily mails the billing statement for fees or charges for ongoing water service. A water allocation will be effective on the fifth day following the date of mailing or at such later date as specified in the notice.
6.64.110. Level 3 Alternate Provisions. A. Commercial Car Wash Systems: Effective on January 1, 2011, all commercial conveyor car wash systems must have installed and operational re circulating water systems, or must have secured a waiver of this requirement from the City. B. Large Landscape Areas- Rain Sensors: Large landscape areas, such as parks, cemeteries, golf courses, school grounds, and playing fields, that use landscape irrigation systems to water or irrigate, must use landscape irrigation systems with rain sensors that automatically shut off such systems during periods of rain or irrigation timers which automatically use information such as evapotranspiration sensors to set an efficient water use schedule. C. Construction Purposes: Recycled or non-potable water must be used for construction purposes when available. D No New Annexations: Upon the declaration of a Level 3 Water Supply Shortage condition, the City will suspend consideration of annexations to its service area. This subsection does not apply to boundary corrections and annexations that will not result in any increased use of water. E. Limits on Building Permits: The City may limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the City’s adopted conservation offset requirements. F. Water Recycling Required if Alternative Available: The use of potable water, other than recycled water, is prohibited for specified uses after the City has provided to the customer an analysis showing that recycled water is a cost-effective alternative to potable water for such uses and the customer has had a reasonable time, as determined by the City Manager, to make the conversion to recycled water. G. Water Recycling- New Service: Prior to the connection of any new water service, an evaluation must be done by the City to determine whether recycled water exists to supply all or some of the water needed and recycled water must be utilize to the extent feasible. H. City Conservation Reports: Upon request of the City Manager, City Departments must prepare and submit quarterly reports on their water conservation efforts. The reports will be consolidated by the City Manager and reported to the City Council at a minimum of once a year. Customer Water Conservation Reports: The City may be written request require all commercial, residential and industrial customers using twenty five thousand (25,000) or more billing units per year to submit a water conservation plan and to submit quarterly progress reports on such plan. The conservation plan must include recommendations for increased water savings, including increased water recycling based on feasibility, and the reports must include progress to date on implementation of such recommendations.
10 34 J. Reporting Mechanism- Hotline: The City will establish a water waste hotline for residents to report violation of this chapter.
6.64.120. Hardship Waiver A. Undue and Disproportionate Hardship: if, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a waiver to the requirements as provided in this section. B. Written Finding: The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user’s property.
1. Application: Application for a waiver must be on a form prescribed by the City and accompanied by a non-refundable processing fee in an amount of five hundred dollars ($500) or as established by the Resolution by the City Council whichever is greater. 2. Supporting Documentation: The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant. 3. Required Findings for Waiver: An application for a waiver will be denied unless the Water Division Manager finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the City or its Agent, all of the following:
That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses; ii. That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally; iii. That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the City to effectuate the purpose of this chapter and will not be detrimental to the public interest; and iv. That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature. 4. Approval Authority: The City Manager or Water Division Manager must act upon any completed application no later than ten (10) business days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless
11 35 specified otherwise at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition. The decision of the City Manager or Water Division Manager will be final.
6.64.130. Penalties and Violations. A. Misdemeanor: Any violation of this chapter may be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than thirty (30) days, or by a fine not exceeding one thousand dollars ($1,000) or as established by Resolution of the City Council whichever is greater, or by both. B. Civil Penalties: Civil penalties for failure to comply with any provisions of the Ordinance are as follows:
1. First Violation: The City will issue a written warning and deliver a copy of this Ordinance by certified mail. 2. Second Violation: A second violation within the preceding twelve (12) calendar months is punishable by a fine not to exceed one hundred dollars ($100) or as established by Resolution of the City Council whichever is greater. 3. Third Violation: A third violation within the preceding twelve (12) calendar months is punishable by a fine not to exceed two hundred and fifty ($250) or as established by Resolution of the City Council whichever is greater. 4. Fourth and Subsequent Violations: A fourth and any subsequent violation is punishable by a fine not to exceed five hundred ($500) or as established by Resolution of the City Council whichever is greater Water Flow Restrictor: In addition to any fines, the City may install a services water flow restrictor device of approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services after written notice of intent to install a flow restrictor for a minimum of forty eight (48) hours. ii. Termination of Service: In addition to any fines and the installation of a water flow restrictor, the City may disconnect and/or terminate a customer’s water service. C. Cost of Flow Restrictor and Disconnecting Service: A person or entity that violates this Ordinance is responsible for payment of the City’s charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the City’s schedule of charges then in effect. This charge for installing or removing a flow restriction device will be set at one hundred dollars ($100) each or as established by Resolution of the City Council whichever is greater. The charge for installing and/or removing any flow restricting device must be paid to the City before the device is removed. Nonpayment willbe subject to the same remedies as nonpayment of basic water rates. D. Separate Offenses: Each day that violation of this Ordinance occurs is a separate offense. E. Notice and Hearing:
12 36 1. The City will issue a Notice of Violation by certified mail or personal delivery at least ten (10) days before taking enforcement action. Such notice must describe the violation and the date by which corrective action must be taken. A customer may appeal the Notice of Violation by filing a written notice of appeal with the City no later than the close of business on the day before the date scheduled for enforcement action. Any Notice of Violation not timely appealed will be final. Upon receipt of a timely appeal, a hearing on the appeal will be scheduled, and the City will mail written notice of the hearing date to the customer at least ten (10) days before the date of the hearing. 2. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the City may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water Level condition.
6.64.140. Severability. If any section, subsection, sentence, clause or phrase in this chapter is for any reason held invalid, the validity of the remainder of the chapter will not be affected. The City Council hereby declares it would have passed this chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phases or is declared invalid.
[Remainder of page left blank intentionally]
13 37 lSt) SECTION 2. This Ordinance shall take effect and be in force on the thirty-first (3 day after its adoption. SECTION 3: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law.
PASSED, APPROVED and ADOPTED this 28th day of July, 2009.
CITYOF SOUTH GATE: Ifr . Henry C. Gonzalez, Mayor
ATT ST: 4
Carmen Avalos, City Clerk (SEAL)
APPROVED AS TO FORM:
ul F. Salinas, City Attorney
H 38 COUNTY STATE CITY
number I,
adopted vote: Ayes: Noes: Absent:
Abstain: Witness
City Carmen
Carmen
of
OF
South
of
by
OF
my Avalos,
Avalos,
SOUTH Members
OF
the
hand
CALIFORNIA
Gate,
Council Council Council City Council
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City
and
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GATE
California
of ANGELES
Clerk
the
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Members: Clerk
seal
ORDINANCE
City
at
of
of
their
Council
the
said
Regular City
) ) )
None None Gonzalez, None
City
of
of
CERTIFICATION
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South
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August
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2009.
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PAGE
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39 Water Conservation is a New Way of Living!
The State of California is in its second driest year in recorded history and is in its fourth year of a record drought. Governor Jerry Brown enacted a drought emergency and has made it mandatory for South Gate water customers to reduce water consumption by 12 percent. The Cityof South Gate has enacted its“Level1, Water Shortage Plan”to implement limitations and restrictions on certain behaviors on water wasting and outdoor irrigation. This measure willhelp meet the Governor’sdemands for water conservation. Here’swhat this means for you:
Level 1 Water Shortage Plan
Mandatory Watering Schedute
During the Spring and Summer Months (March2 to October 31) outdoor watering is restricted to three (3)days per week. Watering is permitted on Tuesdays, Thursdays, and Saturdays.
During the Winter Months (November 1 to March 1)outdoor watering is restricted to one (1)day a C week. Watering is permitted on Saturdays. Outdoor watering is not allowed between the hours of 9 a.m. and 6 p.m. on approved days. Outdoor watering is not allowed any time on Mondays,Wednesdays, Fridays,and Sundays. CdoorWaterConrvation
- Identifyand fixwater leaks.
- Refrainfrom washing down sidewalks and driveways.
- Avoidirrigating outdoor landscapes in a manner that causes excess run off.
- Do not wash a motor vehicle with a hose, unless the hose isfitted with a shut-off nozzle.
- Shut offfountains or decorative water features, unless the water is part of a recirculation system.
- Avoidwatering turf or ornamental landscapes during and 48 hours after measurable precipitation.
i Indoor Water Conservatkm
- Reduce shower time.
- Turn offwater while brushing teeth.
- Washonly full loads of laundry and dishes. I W - Buywater-saving devices such as high-efficiencytoilets and clothes washers.
Forfloe p.•’ ci he L)VOfl at (i 563 7) or vsJt Www :tV f 40 REOEVED City of South Gate Item No. 7 MAR1 2O1 CITY COUNCIL CrrVOFSOUTHGATEA /7 jflT OFFICEOFTHECITYMANAG\JJIL For the Regular Meeting oft March3jj 8, 2016 igina ng Department: Public Works A Department Head: City j Manager. - ‘Puro eriiJi es hael Flad
SUBJECT: SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING (CONTRACT NO. 2604) WITH THE LOS ANGELES UNIFIED SCHOOL DISTRICT FOR LEGACY HIGH SCHOOL
PURPOSE: The Second Amendment will provide up to $425,000 flmding by LAUSD for additional Public Improvements in connection with Legacy High School. This Amendment will also obligate the City to contribute $75,000 for public improvements.
RECOMMENDED ACTIONS: a. Approve the Amendment No. 2 to Contract No. 2604, Second Amendment to the Memorandum of Understanding and Public Improvements Agreement with LAUSD (LAUSD South Region High School #9), to secure $425,000 from LAUSD to fund certain additional Public Improvements that benefit both the community and Legacy High School; and b. Appropriate $75,000 in Gas Tax Funds to a new account number to be assigned by Administrative Services/Finance; and c. Authorize the Mayor to execute the Second Amendment in a form acceptable to the City Attorney and Special Counsel.
FISCAL IMPACT: Under the Second Amendment, LAUSD will provide up to $425,000 to fund the “ additional Public Improvements that include roadway and storm water quality improvements in \J connection with the Legacy High School Project, and the City will provide $75,000 in matching funds for these improvements. At the City’s discretion, the City may implement and fully fund the Optional Additional Work that exceeds the $500,000 budget. At a future time, staff will present a funding strategy that includes the scope of work and budget for the City Council’s consideration.
ANALYSIS: As a result of the construction of Legacy High School, some of the local streets surrounding the school were damaged and need to be repaired. Said funds by LAUSD will provide funding to accomplish said repairs along with the construction of drainage devices to improve the overall drainage in the area.
BACKGROUND: The Memorandum of Understanding (MOU) between the City and LAUSD, dated December 8, 2009, obligated LAUSD to contribute up to $425,000 to certain Undergrounding Work for Southern California Edison’s (SCE) overhead facilities located on Tweedy Boulevard, east of Atlantic Avenue. The Amendment No. 2 relieves LAUSD of this responsibility and in consideration LAUSD agrees to shift the $425,000 into an Escrow Account to pay for eligible costs for certain roadway and storm water quality additional public improvements.
1 l’he original MOU between the City and LAUSD pertains to the construction and operation of Legacy high School and related offsite improvements, which obligated LAUSD to: (a) secure the necessary right-of-way to, (b) widen and realign Tweedy Boulevard, and (c) provide up to $425,000 toward certain Underground Work on the SCE-owned overhead facilities along Tweedy Boulevard.
On February 10, 2015, the City Council authorized LAUSD to complete the Tweedy Boulevard roadway improvements without moving forward with the Undergrounding Work and based on an analysis, demonstrating that work was cost-prohibitive for the City. Under the MOU, the $425,000 would have reverted to LAUSD; however, by approving Amendment No. 2, LAUSD agrees to reprogram the funds for certain additional Public Improvements to mitigate impacts from the construction and operation of Legacy High School; and, in consideration, LAUSD is relieved from funding the undergrounding work.
The additional Public Improvements will include design and construction of certain priority additional work that include: (i) roadway improvements on Adella Avenue to better support heavy truck passage, (ii) a storm water filtration system downstream of Legacy High School near Imperial Highway to comply with the ‘Green Streets” requirements of the MS4 Permit, and (iii) the design of the optional additional work. Depending on the outcome of design and cost estimating for the priority additional work, if adequate monies remain from the $500,000 of escrowed funds committed under the Amendment No. 2, the optional additional work would include: (a) resurfacing Wood Street from the east side of Atlantic Avenue to the west side of Adella Avenue, and (b) resurfacing Chakemco Street from the east side of Atlantic Avenue to the west side of Legacy Lane. The City will be responsible for the management and implementation of the additional Public Improvements, and upon completion, the City will be responsible for the operation and maintenance of the improvements.
For historical reference, on August 26, 2014, the City Council approved Amendment No. 1 which accomplished the following: (a) City accepted a monetary compensation in the amount of $115,000 in lieu of receiving the 7,040 square-foot parcel of land; (b) City required LAUSD to deposit $350,000 into an escrow account to fund the undergrounding of SCE overhead facilities in conjunction with the Tweedy Boulevard Street Widening and Realignment Project. Furthermore, it was agreed that if undergrounding costs were greater than $350,000, then the City and LAUSD would each deposit an additional $75,000. This established that the City’s total cost share would be $75,000, plus 100% of all undergrounding costs that exceed $500,000 and provides that if the City cannot fund its cost share, then the undergrounding work would be eliminated from the Project. For additional information, copies of the executed MOU and Amendment No. 1 can he obtained from the Public Works Department.
ATTACHMENTS: A. Proposed Second Amendment to the MOU B. Location Map
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F. The “Priority Additional Work” shall mean collectively the following: (a) the design, construction and completion of new roadway improvements on Adella Avenue (between the south side of Southern Avenue and the point at which Adella Avenue terminates one-half block south of Wood Avenue) in the City to better enable such portion of Adella Avenue to support passage thereon by heavy trucks, (b) the design, construction and completion of one storm water filtration system at a point or points downstream of the School Project near Imperial Highway in connection with and complying with the “Green Streets” requirements of the MS4 Permit and using the Best Management Practice (BMP) standards of such Green Streets program, and (c) the design of the Optional Additional Work.
G. The “Optional Additional Work” shall mean collectively: (a) the resurfacing of Wood Street from the east side of Atlantic Avenue to the west side of Adella Avenue, and (b) the resurfacing of Chakemco Street from the east side of Atlantic Avenue to the west side of Legacy Lane.
H. The City will retain design engineering consultant(s) to prepare plans/specifications necessary to produce engineering and construction costs estimates for both the Priority Additional Improvements and the Optional Additional Improvements, which plans/specifications the City anticipates will be ready by the preparation of fifty percent (50%) complete design drawings (“Cost Estimate Stage”).
I. Then, at this Cost Estimate Stage, the City (in cooperation with LAUSD as described in the next recital) will determine and select the scope of the Additional Public Improvements that can and will be undertaken, constructed, completed and fully funded with the Escrowed Funds (both LAUSD and other funds available and committed to the City), then the consultant(s) will complete the design through one hundred percent (100%) complete design drawings (“Construction Drawings”) for all of such selected Additional Public Improvements.
J. The Public Works Director/City Engineer shall reasonably consult with LAUSD’s Asset Development Director in making the City’s reasonable determination of the scope of the Additional Public Improvements that will be completed under this Second Amendment, which scope of work will include the Priority Additional Work and some or all of the Optional Additional Work; provided however, the City hereby and hereunder retains full, sole but reasonable discretion to select and elect which portion of the Optional Additional Work of the will be undertaken with the Escrowed Funds.
K. After completion of the Construction Drawings in accordance herewith, the City’s Public Works Director/City Engineer shall finalize the scope of the Additional Public Improvements that shall be constructed and completed with the Escrowed Funds and other federal, state and local funding sources committed to such work (which scope shall comply with the terms of these Recitals and this Second Amendment).
L. Thereafter, the City will bid and construct all of the selected Additional Public Improvements in compliance with the terms of these Recitals and this Second Amendment.
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to of in
By:
APPROVED
By:
ATTEST:
Memorandum
School
Raul
#9)
Carmen
______
IN
WITNESS
as
F.
AS
of
of
Salinas,
Avalos,
the
Understanding
TO date
U
FORM;
WHEREOF,
Esq.,
City
first
Clerk
City
set
and
forth
Attorney
the
Public
above.
City
Improvements
Name: and
Its:
By:
a LOS
laws “LAUSD”
By:
a
CITY
“CITY”
school
California
7 LAUSD
______
______
of
ANGELES
OF
the
Jorge
______
district
SOUTH
State
municipal
have
Agreement
Morales,
duly
of
UNIFIED
executed
California
GATE,
organized
corporation
Mayor
(LAUSD
this
SCHOOL
and
Second
South
existing
Amendment
DISTRICT,
Region
under
High
the to EXHIBIT “A”
LICENSE AGREEMENT
[to be attached]
8 10 ______,
LICENSE AGREEMENT
The City of South Gate (“CITY”) and (“LICENSEE”), (CITY and LICENSEE together are “PARTIES”) agree as follows:
(1) RECITALS. This Agreement is made and entered into with respect to the following facts:
(a) CITY is the owner of certain public rights of way, to wit: PROVIDE STREET LOCATION, located within the City of South Gate, County of Los Angeles, State of California, a portion of which is the subject of this Agreement as described in Exhibit “A” (hereinafter “Property” or “Encroachment Area”); and,
(b) LICENSEE seeks an encroachment upon CITY Property to implement the remedial action required pursuant to and any subsequent orders relating thereto, all of which are incorporated by reference herein (the “Purpose”). The Purpose of this License is to permit LICENSEE to install and operate a groundwater extraction well under the Property and to directionally drill piping under LOCATION in order to convey extracted groundwater to the former LOCATION property, located at ADDRESS; and,
(c) The LICENSEE shall be limited to the above-described Purpose and to the alignment in Exhibit “A” (“Encroachment Area”).
(2) ENCROACHMENT. LICENSEE is hereby granted the right for the above-described Purpose only in and upon the Encroachment Area, subject to the provisions contained herein and subject to the CITY’s Public Works Conditions of Approval attached hereto as Exhibit “B”. LICENSEE shall not construct or install any building, structure, facility or pipeline in the Encroachment Area unless and until LICENSEE has submitted plans therefor to the CITY for written approval. No use of any kind shall commence pursuant to this Agreement until the said plans have been approved, in writing, by the CITY, which approval shall not be unreasonably withheld. This Agreement shall not be construed to allow encroachment of any building or structure other than that approved by the CITY pursuant to this paragraph.
(3) ADMINISTRATIVE FEE. LICENSEE shall pay to CITY an annual license fee of $______for the use of the Encroachment Area. This fee will cover the City’s costs associated with reviewing plans and monitoring and inspecting the work associated with the Purpose.
(4) INDEMNITY.
(a) LICENSEE agrees to hold CITY, its elected and appointed officers, agents, representatives and employees (collectively, “CITY PARTIES”) free and harmless from, and indemnify and defend City from, any and all liabilities, claims, demands, lawsuits, judgments, expenses, and/or attorney’s fees including, but not limited to those relating to environmental contamination or hazardous materials, which result from the Purpose of this Agreement, and/or the activities and use thereunder by LICENSEE, except to the extent said liabilities, claims, demands, lawsuits, judgments, expenses, and/or
11 attorney’s fees arise out of and relate to the reckless or intentional conduct or criminal acts of the CITY PARTIES (an “Indemnifiable Claim”). CITY and LICENSEE agree that LICENSEE’s indemnity obligation shall be secondary to the insurance carrier’s obligations pursuant to the insurance policy purchased and maintained pursuant to paragraph (5) below, and LICENSEE shall proceed to defend and indemnify such claim only after such insurance coverage is exhausted. Should the insurance carrier decline coverage, LICENSEE will indemnify and hold harmless the CITY as set out above, it being the intent of the PARTIES that the CITY shall not be financially exposed for Indemnifiable Claims. CITY agrees to notify LICENSEE within thirty (30) days of the CITY’s notice of any claim. CITY shall have the right to select counsel to defend CITY in connection with any claim or demand that LICENSEE is obligated to indemnify and defend pursuant to this paragraph.
(b) This indemnity shall survive for a period of two (2) years from the date LICENSEE permanently ceases operation of the groundwater treatment facility. The indemnity in this paragraph (4) shall not require an advance showing of negligence or wrongdoing by LICENSEE, except as required bylaw.
(c) At all times during LICENSEE’S indemnity obligations to CITY as set forth herein, LICENSEE, through its consultants and contractors, shall maintain insurance as set out below.
(5) INSURANCE. LICENSEE, during construction and during any other times LICENSEE’s contractors perform work under this license, shall require that its contractors take out and maintain in full force and effect Pollution Liability Insurance coverage relating to its activities pursuant to this Agreement. Such liability insurance coverage shall be in a minimum amount of Five Million Dollars ($5,000,000) and shall name the CITY as an additional insured. LICENSEE shall file with the City Clerk, contemporaneously with the execution of this Agreement, a certificate of insurance evidencing the existence of the insurance coverage required pursuant to this paragraph. LICENSEE shall maintain on file with the City Clerk, current valid certificates at all times during the term of this Agreement. All policies of insurance required to be maintained by LICENSEE’s contractors shall be endorsed to provide that any other insurance maintained by the CITY shall be excess and that neither the CITY nor any of its insurers shall be required to contribute to any loss, except as set forth in this Agreement. The additional insured coverage required pursuant to this paragraph shall also be primary to the indemnification provided by LICENSEE pursuant to paragraph (4) of this Agreement. The minimum amount of insurance shall be reviewed each five (5) years, and the coverage may be adjusted as necessary.
(6) EXISTING FACILITIES. Prior to commencing any work pursuant to this Agreement, LICENSEE shall make a complete and diligent inquiry with Underground Service Alert of Southern California (“Dig Alert”) to identify and mark all existing facilities within the alignment affected by this Agreement. LICENSEE shall also immediately register with Dig Alert to be notified of proposed underground facilities excavation. LICENSEE or
12 its contractors shall maintain membership with Dig Alert at all times during the term of this Agreement.
(7) MAINTENANCE AND RESTORATION OF ENCROACHMENT AREA.
(a) The LICENSEE shall during the life of the Agreement and any extension thereof:
comply with the City’s Public Works Conditions of Approval, a copy of which is attached as Exhibit “B”;
2. construct, install, operate, maintain, and repair any pipes and/or appurtenances in accordance and in conformity with any and all of the ordinances, resolutions, rules and regulations heretofore or hereafter adopted by the City Council of the CITY in the exercise of its police powers and not in conflict with the paramount authority of the United States of America, the State of California and, as to state highways, subject to the provisions of general laws relating to the location and maintenance of such facilities which have general application to pipelines of this nature throughout the City not directed specifically at only this pipeline;
3. repair, or pay to the CITY on demand the reasonable cost of all reasonable repairs to, public property of the CITY made necessary by any operations of the LICENSEE in carrying out the Purpose under this Agreement;
4. Remove or relocate, at the request of CITY and without expense to the CITY, any pipes or appurtenances installed, used and/or maintained under this Agreement if and when such removal or relocation is made necessary by any change of grade, alignment or width of any public street, way, alley or place, including the construction of any subway or viaduct by the CITY; provided, however, that LICENSEE shall not be required to bear the expense of any removal or relocation made at the request of the CITY on behalf of, or for the benefit of, any developer or other third party. Such relocation may only occur after a new pipeline and any appurtenances thereto have been approved by the EPA, have been constructed in a new location, and are operational.
5. Except in the case of emergency, LICENSEE shall, prior to the construction, installation, inspection, repair, replacement, removal or other modification of any pipeline or appurtenances within a CITY right of way, obtain an excavationlgrading Agreement therefor (“Excavation Agreement”). Such construction shall be performed in accordance with the requirements of the Excavation Agreement and in compliance with any and all Federal, State and/or CITY rules, regulations, ordinances, resolutions, standards,
13
(b)
(d)
(c)
to Agreement
pipes improvement,
reason damage
the maintained andlor
damaged all
If
legal
incurred. Agreement
The
to
shall any operations terminated, provisions
days Except
commencement
or the Within
furnish
location, laid,
be
any
initiate
LICENSEE
rules,
completion,
LICENSEE
such
done
constructed
CITY after
cause
or
the
be
portion
of
as
public ninety
thereafter. between the
appropriate
LICENSEE,
any
approval
flush
surface for openings
specifications
and
appurtenances
size,
by
suit municipal
any
regulations,
entitled
may
subject
written
was
communications
or
or
CITY
or
underground
it
in
pipeline
and
may
restore
uses
reason may
with
or conditions
to
other
depth
the
(90)
constructed
harm,
be
of
issued
shall,
of
of
the
the
shall
other LICENSEE
as
of
or
of
as-built
to
specifically
any
event pursuant
sue
assert demand
the
to
days
the
work,
Excavation
relocated
the good
code
such
cause
and
curb
traps,
approval
be
CITY
of
at or
LICENSEE
or
surface
reimbursement
fail,
street,
and/or
legal
in
ordinances,
streets
its
constructed
CITY.
performed
following
of
appurtenance
the
in
traps,
as
defect
hereof,
of
and
plans/Record
street
shall
a
its
arising
vaults,
under
own
breach for
good
to agreed
neglect
with
the
length
condition
proceeding,
may
will
the of
facility
this under
provided
of
own
municipal
when
compliance,
vaults
not
CITY.
cost
Agreement
or
in
In
the
and
faith
the
the
property
this
declare
Agreement.
shall
and
from
the
by
in
immediately
of
portion
the prosecute
immediately
any
or
name
resolutions,
or CITY
this
and
streets;
writing
shall
CITY
said
the
and
or the
against
date
Agreement
manholes must,
as
refuse
of
case
maintained
Drawings
for
perform
the
of
Agreement,
the
expense,
any
facilities
LICENSEE
code. existed
manholes
vents
line,
its
not, and
this
on for
elsewhere
of
begin
regarding
therefore
the
operation
of
provided,
substantially
with
in
the
other
LICENSEE.
which
to
street,
reasonable
in
emergency
(a)
within
subject
Agreement
close
the
pipes
such
are
due
shall
standards,
comply
same
accordance
which
immediately
All
the
the
immediately
on
installed.
under
the
improvement
may
sole
any
located
the
facility
in
to
CITY.
work
the
as
work
or
and
or
same,
thirty
street
at
however,
and
with
to
this
forfeiture
show
risk
pipeline
LICENSEE soon
(b)
all discretion
extend
existence
with
Property
prevailing
this
the
where attorneys’
discontinue
In
of
appurtenances
and
Agreement,
forfeited
due
specifications
times
(30)
for
or
in
with
coverings Such
of
or
prior
the
the
compliance Agreement,
as
repair
before
any
after
parkways,
danger
any
any
that
above
obtain
diligence
has
business
practical
event
accurate
work
shall
any
work
of
be
written
of
of
of
or
party
other
other
vents
been
shall
such
such
fees
kept
this
and
this
and
any
the
the
the
all
by
of
be
on
an
14
or
or
if is
(11)
(10)
(9)
(8)
the
NOTICES. may
remit
Postal under
Alternatively,
PARTIES
by fails
CITY, applicable writing.
PARTIES
TERMINATION.
and
from existed
expiration a manner
fifteen
all TERM.
set or
years
BINDING
successors
Consent
any
EPA
legal
forth
party
pipes
undertake
to
to
or
from
this
Service,
removal
successor
remove
(15)
at
CITY
or
herein
means
decommission
This
herein
LICENSEE
to
the
hereto
of or
placed
LICENSEE.
City
in
paragraph
Decree
EFFECT.
the
Notices
years
be
upon
the
time
Attention:
interest
LICENSEE:
South City
CITY:
8650
Agreement
the
all
to
effective
such
available
notified
or
provided.
of
and
ordinances
as
agency
term
reasonable
do
LICENSEE
thereon
beyond
of
of
the
its
the
California
with
follows:
This Gate,
upon
pursuant
structures,
so
the
South
to
shall
by
lawful
hereof,
lines
receipt
This
at
at
the
Director
or
date
the with execution
to
Agreement shall
abandoning
approval CA
the
the
the
by
by
reasonably
This Gate
PARTIES
it
is
governing
Agreement
sums
US
successor
unless
to
expense
Avenue
90280
to
comparable
it by
LICENSEE
Property initial
not
may,
deposit
be
lines
this
shall
extend
of
Agreement
EPA.
LICENSEE
in
incurred
required.
of
of
Public
by
terminated
full
Agreement
and
twenty-five
this
be
may
the
the
hereto.
of
of
restore
the
written
at
postage
the
shall
force
Upon
the
pipes
the
the
South
Agreement
jurisdiction
lines
its
Works/City
pursuant
be
by
same
term
responsibility
LICENSEE
If
may
sole
same
of
be
and
CITY
the
terminated
within
removal notice
termination
sooner
and
shall
Gate
prepaid,
a
of
(25)
binding
if,
Certificate
Property
be effect
cost
this
in
to
wells
in
in
or
be
City
a
years
extended
or
to
the
Engineer
with
performance
reasonable
this
and
the
Agreement
as
is
given
for
unless
and
the
or
upon
by
Council.
custody
required of
in
agreed
reasonable
to
of
expense
Agreement
unless the
a
by
CITY,
LICENSEE
the
of
place
mutual period
the
by
this
the
sooner
concurrence
email,
for
Completion
LICENSEE
personal
in
condition
period
of
earlier
if
heirs,
Agreement
and
meet
in
additional
of
writing.
CITY
all
of
requested
the
agreement
judgment
such
terminated
addressed compliance
twenty-five
or
structures,
the
shall
of
its
United
assignees
terminated
agrees
service
as
work. LICENSEE
time,
pursuant
of
in
obligations
to
agreed
promptly
terms
which
the
or
to
remove
of
of
to
States
to
CITY
in
do
upon
upon
lines
EPA
with
(25)
and
the
use
the
the
the
15
so
in
as
of
to it ______,
Notices given pursuant to this Agreement shall be deemed given as of the date of personal service or email or two (2) consecutive calendar days following the deposit for the same in the custody of the United States Postal Service.
(12) BllJDING EFFECT. This Agreement shall be binding upon the successors in interest of the PARTIES hereto.
(13) EFFECTIVE DATE. This Agreement shall be effective on 20_.
CITY OF SOUTH GATE: LICENSEE:
By: By:_ Mayor Print:
ATTEST: Title:
City Clerk (SEAL)
APPROVED AS TO FORM: \; City Attorneç) .
16 OFFICE
POST LOCATION TWEEDY
BOULEVARD
MAP 17 RECEIVED City of South Gate Item No. 8 MAR 1 2016 CITY COUNCIL
CITY OF SOUTH GATEAG OFFICE OF THE CITY MAN :P5fenet For the Regular Meeting of: March 8, 2016 Ori Mating Department: Public Wo s Department Head: City Manager: Arturo Cervantes Michael Flad
SUBJECT: AGREEMENT WITH ENERNOC, INC. TO PARTICIPATE IN THE SOUTHERN CALIFORNIA EDISON ENERGY MANAGEMENT THROUGH DEMAND RESPONSE PROGRAM
PURPOSE: To secure a professional services consultant, at no cost to the City, which is necessary to participate in Southern California Edison's Energy Management Through Demand Response Program.
ACTIONS: a. Approve Agreement with EnerNOC, Inc., at no cost to the City, securing services needed to participate in Southern California Edison's Energy Management Through Demand Response Program (Program); and b. Appropriate any incentive funds received from the Program to the Water Energy Savings, Grants and Reimbursement Account (Account No. 411-731-71-4907) to be utilized for maintenance of the City's water system; and c. Authorize the Mayor to execute the Agreement in a form acceptable to the City Attorney.
FISCAL IMPACT: The Agreement is at no cost to the City. EnerNOC will be compensated through Southern California Edison's (SCE) Energy Management Through Demand Response Program. The City could receive up to $29,000 in incentive funds by participating in the program. Said funds must be deposited into a Water Fund account because the municipal water system is the City asset that will be enrolled in the program.
ANALYSIS: The Program requires the City to make an energy reduction commitment. Based on EnerNOC's evaluation, the City will commit to curtailing 450 KW during each Demand Response event. There are no penalties enforced in this Program; however, if the City does not reduce energy levels by at least 75% of its monthly energy reduction commitment, then the monetary incentives will be reduced.
EnerNOC Inc.'s proposed Energy On-Demand Program suggests that the City's water facilities can combine to provide a 450 KW energy reduction during each demand response event. Such a reduction could translate to an annual incentive of approximately $29,000. Below is a summary of the potential grant incentives that the City could receive for each demand response event.
Actual KW reduced: Payment: Less than 337 KW Zero payment More than 337 KW Paid at $5.33 per KW
1 BACKGROUND: The City has been enrolled in Southern California Edison's Energy Management Through Demand Response Program (Program) since August 2009. Under the Program, agencies can qualify for monetary incentives by contracting with third party aggregators (consultants with expertise in energy programs). In 2014, North America Power Partners, Inc., (the City's prior aggregator) terminated its contract due to financial reasons. As such, the City Council is recommended to authorize EnerNOC, Inc. to be the City's new aggregator.
The Program is an energy savings solution implemented by Southern California Edison (SCE) to reduce stress on the energy grid system during hours of peak demand. Through the Program, SCE can optimize its supply of energy, reduce the likelihood of rotating outages and avoid the need of building new power plants.
Parties that participate in the Program receive monetary incentives by reducing energy consumption during a demand response event — an event designated by SCE in an area where energy demand is peaking. Demand response events can occur between the hours of 11 a.m. to 7 p.m., Monday through Friday, year-round.
The City's water system is the asset enrolled in the Demand Response Program. Noteworthy incentives have been achieved by operating the water system's major water pump facilities between the hours of 7 p.m. and 6 a.m., when demand response events do not occur. Financial incentives can be successfully secured each time a demand response event is avoided.
Together with SCE, the Public Works Department interviewed third party aggregators to replace North America Power Partners, Inc. The team interviewed Energy Curtailment Specialist, Inc., Energy Connect, and EnerNOC, Inc. received the highest ranking.
EnerNOC Inc., which is a publicly traded company on the NASDAQ and a Global Demand Response and Energy Management Software company, provides energy saving services to its customers with thousands of facilities throughout New England, New York, the Mid-Atlantic, the Mid-West, the Southwest and California. They specifically work with healthcare facilities, university sites, schools, hi-tech companies and municipal governments throughout the United States and globally. The company is headquartered in Boston, MA with the.West Coast headquarters is located in San Francisco with a local office in Irvine, CA.
ATTACHMENTS: A. Proposed Agreement B. Demand Response Profile
DT:ar/lc
2 ENERNOC
Energy Management Agreement
This Energy Management Agreement (this "EMA"), entered into on (the "Effective Date"), is made by and between EnerNOC, Inc., located at One Marina Park Drive, Suite 400, Boston, MA 02210 ("EnerNOC"), and City of South Gate, located at 4244 Santa Ana Street, South Gate, CA 90280 ("Customer"). EnerNOC and Customer are referred to herein collectively as the "Parties" and each individually as a "Party" to this EMA.
1. Solutions. This EMA is a master agreement between the Parties and sets forth the terms and conditions that will govern the rights. responsibilities, and obligations of the Parties with respect to the provision of the solutions (the "Solutions"), the scope of which are described in the applicable statements of work attached hereto (each a "SOW" and together with this EMA, the "Agreement"). EnerNOC will provide the Solutions in accordance with the Agreement and the applicable SOW. Each time Customer desires to procure any of the Solutions from EnerNOC, EnerNOC and Customer will execute a SOW that specifies, among other things, a description of the Solutions to be provided, the compensation for those Solutions, and any other details related to the engagement.
2. Use and Access License. For the duration of the term of any duly executed SOW, EnerNOC grants to Customer a limited, revocable, non- transferrable (except as set forth herein) and non-exclusive right to use and access (including through remote means) the Solutions solely for Customer's internal business operations and subject to the terms of this EMA and the applicable SOW. Without limiting the terms of the Agreement, Customer agrees not to decompile, disassemble, reverse engineer or otherwise attempt to perceive the source code relating to the Solutions or any web-based portal relating thereto or assign, sublicense, sell, resell, lease or otherwise transfer, convey, or pledge as security or encumber, any right in the Solutions. Except as expressly permitted herein, Customer agrees that it shall not receive any right, title or interest in, or any license or right to use or access, the Solutions or any patent, copyright, trade secret, trademark or other intellectual property rights therein by implication or otherwise.
3. Term. This EMA shall commence on the Effective Date and continue until terminated in accordance with the terms herein (the "Term").
4. EnerNOC Use of Confidential Information. Customer acknowledges that EnerNOC may receive information of Customer that may be considered confidential from the applicable independent system/grid operator and/or utility, through data collected through the Solutions or otherwise, which may be used or disclosed by EnerNOC as necessary for the performance of the Agreement.
5. Aggregate Data Collection and Usage. Customer acknowledges and agrees that EnerNOC may: (i) collect, process and aggregate any data used with, stored in, or related to the Solutions, including, without limitation, end-user energy usage and demand data, and create aggregate data records ("Aggregate Data") by removing any personally identifiable information ("PII-) from the underlying data; (ii) use such Aggregate Data to improve the Solutions, develop new solutions, understand actual energy usage and demand trends and general industry trends, develop white papers, reports, or databases summarizing the foregoing, and generally for any legitimate purpose related to EnerNOC's business; and (iii) share Aggregate Data with third parties or publish any reports, white papers, or other summaries based on Aggregate Data.
6. Limitation on Liability. Except for breaches of confidentiality, EnerNOC's liability hereunder is limited to direct actual damages as the sole and exclusive remedy, and total damages under the Agreement shall not exceed $200,000.00. In no event shall either Party, its parent. officers. directors, partners, shareholders, employees or affiliates, or any contractor or subcontractor or its employees or affiliates, be liable to the other Party for special, indirect, exemplary, punitive, incidental or consequential damages of any nature whatsoever connected with or resulting from the Solutions or from performance or non-performance of obligations under the Agreement, including without limitation, damages or claims in the nature of lost revenue, income or profits, loss of use, or cost of capital, irrespective of whether such damages are reasonably foreseeable and irrespective of whether such claims are based upon negligence, strict liability contract, operation of law or otherwise.
7. Warranty Limitations. IF THE SOLUTIONS BECOME OR ARE LIKELY TO BECOME THE SUBJECT OF ANY THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIM OR ACTION, ENERNOC MAY, AT ENERNOC'S SOLE OPTION, EITHER: (I) REPLACE SUCH SOLUTIONS WITH AN EQUALLY SUITABLE SOLUTION FREE OF INFRINGEMENT; (II) MODIFY OR OBTAIN A LICENSE FOR THE SOLUTIONS SO THAT THEY NO LONGER INFRINGE ON ANY RIGHTS; OR (III) AFTER ENERNOC HAS DEMONSTRATED ITS GOOD FAITH EFFORTS TO ACHIEVE THE FOREGOING WITHOUT SUCCESS, TERMINATE THE APPLICABLE SOW. EXCEPT AS PROVIDED HEREIN, THE SOLUTIONS (AND ANY SOFTWARE, HARDWARE, OR OTHER COMPONENT THEREOF) ARE PROVIDED AS IS WITHOUT ANY WARRANTY OF ANY KIND. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
8. Choice of Law. The Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California, without giving effect to choice of law rules. Venue shall be in state or federal court in the County of Los Angeles, State of California.
9. Miscellaneous. Customer may not assign any of its rights or delegate any of its performance obligations hereunder without the prior written consent of EnerNOC; except that Customer may assign the Agreement to its successor or any entity acquiring all or substantially all of the assets of Customer by providing EnerNOC with written notice promptly following the acquisition date. The Agreement, including all exhibits, attachments and SOWs, constitutes the entire agreement between Customer and EnerNOC and may only be amended in writing signed by each of the Parties. In the event of any conflict between this EMA and a SOW, the terms of this EMA shall control with respect to the applicable SOW. If any of its provisions shall be held invalid or unenforceable, the Agreement shall be construed as if not containing those provisions and 4334083.1 -- L235.0 3
ENERNOC
the rights and obligations of the Parties hereto shall be construed and enforced accordingly. The Agreement shall be binding upon the Parties together with their successors and permitted assigns. Each Party shall be responsible for its Representatives' compliance with the Agreement. Customer shall promptly notify EnerNOC in writing of any changes occurring during the Term to the Customer address(es) set forth in this EMA.
10. Taxes. Fees, costs, and expenses described in the Agreement do not include any sales, use, personal property, duty, levy, or similar governance charge, value added or good/services taxes. EnerNOC may include applicable taxes as separate items on Customer's invoice, and Customer shall be responsible to pay and/or reimburse EnerNOC for all taxes (other than taxes based on EnerNOC's income), unless Customer has provided adequate evidence of exemption upon execution of this EMA or the applicable SOW. If withholding of taxes is required by any government, Customer shall remit such taxes in accordance with applicable law, gross up the applicable payment amounts so that EnerNOC receives the full amount of fees invoiced, and provide EnerNOC with applicable evidence of withholding.
11. Force Majeure. The Parties shall be excused for any failure or delay in the performance of their obligations hereunder due to acts of God or any other legitimate cause beyond their reasonable control.
12. Termination. Either Party may terminate this EMA (i) in the event of the other Party's material breach of this EMA or any SOW, provided that the breaching Party fails to cure the specific breach within thirty (30) days following date of written notice from the non-breaching Party specifying the purported breach; (ii) immediately upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other Party's debts; or (iii) for convenience by giving the other Party sixty (60) days prior written notice; provided, however, that neither Party may terminate this EMA so long as any SOW executed by the Parties hereunder remains in effect.
13. Notices. Any notices required or permitted to be given hereunder by either Party to the other Party shall be given in writing by: (i) personal delivery; (ii) bonded courier or nationally recognized overnight delivery company; or (iii) electronic mail. If notice is given by personal delivery, bonded courier or nationally recognized overnight delivery company, such notice shall be addressed to the Parties as follows (or to such other addresses as the Parties may request in writing by notice given pursuant to this Section): to EnerNOC at EnerNOC, Inc., Attn: Legal Department, One Marina Park Drive, Suite 400, Boston, MA 02210; and to Customer at City of South Gate, 4244 Santa Ana Street, South Gate, CA 90280. If notice is sent by electronic mail, such notice shall be sent to EnerNOC at [email protected]; and/or to Customer at [email protected], with a copy to the City Attorney for South Gate at [email protected].
14. COUNTERPARTS. This Agreement may be executed in one or more counterparts. When executed, each counterpart shall be deemed an original irrespective of date of execution. Said counterparts shall together constitute one and the same Agreement.
IN WITNESS WHEREOF, and intending to be legally bound, the Parties have duly executed this EMA by their authorized representatives as of the Effective Date.
EnerNOC, Inc. City of South Gate
Name: Michael J. Berdik Name: Jorge Morales
Title: Deputy General Counsel Title: Mayor
Signature: Signature:
ATTEST:
Carmen Avalos, City Clerk (SEAL)
TO FORM:
aul F. Salina W ty Attorney
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Demand Response Statement of Work
This Statement of Work (this "SOW"), entered into on (the "SOW Effective Date"), is made by and between EnerNOC, Inc., located at One Marina Park Drive, Suite 400, Boston, MA 02210 ("EnerNOC"), and City of South Gate, located at 4244 Santa Ana Street, South Gate, CA 90280 ("Customer"). Unless otherwise defined herein, capitalized terms in this SOW shall have the meanings given to them in the Energy Management Agreement by and between the Parties effective as of (the "EMA"), the terms and conditions of which are hereby incorporated by reference.
1. Term. This SOW shall commence on the SOW Effective Date and continue until the last day of the month that is 48 months following the SOW Effective Date, unless earlier terminated in accordance with the terms herein (the "SOW Term").
2. Enablement. If required by EnerNOC for Customer's use and access to the Solutions, Customer shall, within twelve (12) days following execution by the Parties of this SOW, provide EnerNOC with reasonable access to install an EnerNOC site server ("ESS") that allows for Internet-based power metering, data collection, near real-time data communication, and Internet-based reporting and analytics for each Customer facility address identified on the Site Address Attachment attached hereto (each a "Site Address"). In the event that cellular connectivity is required but not feasible, Customer shall provide either a static or non-static, as applicable, Internet Protocol (IP) address and Local Area Network (LAN) access that allows for Internet-based communication of a Site Address' energy consumption and/or any other required performance or building management system data. Customer agrees to collaborate with EnerNOC in a timely manner in testing, enabling and maintaining the installed ESS, the Solutions, and any other components of the EnerNOC system ("EnerNOC System"). If required for any Site Address(es), as determined solely by EnerNOC and indicated on the Site Address Attachment, the Parties shall execute an EnerNOC System enablement plan ("Enablement Plan") for such Site Address(es), the terms of which shall be attached to this SOW.
3. Demand Response Solutions. EnerNOC agrees to provide Customer with the following Solutions at each Site Address:
a. Demand Response. EnerNOC will manage Customer's participation in the demand response programs further described in the Program Rule Attachment(s) attached hereto ("Programs") by: • working with Customer to develop an appropriate energy curtailment plan for Customer's business; • working with Customer to facilitate necessary air regulatory filings on Customer's behalf as required by federal or national law, as applicable, in order to utilize on-site generation in connection with Customer's participation in the Program(s); • registering Customer's Accepted Capacity (as defined in the Program Rule Attachment(s)); • managing Customer's curtailable electrical capacity in the Programs and upon notification by EnerNOC and acceptance by Customer, provide real-time support to Customer during demand response events ("Demand Response Events"); • reconciling all Program payments; • enabling data transfer, monitoring and reporting of meter data through the EnerNOC System and providing technical assistance, maintenance, repair and hosting of the EnerNOC System; and • as necessary, coordinating with Customer's host utility to capture kilowatt-hour (kWh) pulses from Customer's primary utility meter to provide Customer near real-time, Internet-enabled power monitoring.
4. Payments.
a. Enablement Fee. For each Site Address, Customer shall pay to EnerNOC a one-time enablement fee equal to the following (the "Enablement Fee"):
i. If the Site Address does not have an associated Enablement Plan, then the Enablement Fee shall be the amount set forth opposite each Site Address on the Site Address Attachment. Such Enablement Fee is calculated according to the number of electric utility meters to be installed as listed in the Site Address Attachment. If additional meters are required to provide the Solutions herein, then the Enablement Fee shall be increased by $5,000.
ii. If the Site Address does have an associated Enablement Plan, then the Enablement Fee shall be the amount agreed to in such Enablement Plan and both Parties acknowledge and agree that the Enablement Fee listed in the Site Address Attachment is a good faith best estimate only.
b. Demand Response Payments. In connection with Customer's participation in the Programs, EnerNOC shall make payments to Customer in the amounts and in accordance with the payment terms set forth in the Program Rule Attachment(s); provided that the Enablement Fee shall be amortized in equal monthly installments over the SOW Term and offset against any demand response payments owed by EnerNOC to Customer, and provided further that, upon termination or expiration of this SOW, Customer shall remit the balance, if any, of the Enablement Fee to EnerNOC within thirty (30) days following date of invoice.
5. Customer Support Requirements.
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a. Representations and Warranties. Customer holds all applicable licenses and/or permits not otherwise facilitated by EnerNOC pursuant to the Agreement that are required for the proper participation in the Program, including any local licenses and/or permits necessary to utilize on-site electric generation.
b. Demand Response Performance. Customer has the intent and ability to generate and/or reduce electrical demand to achieve Accepted Capacity at each Site Address when notified by EnerNOC during Demand Response Events. Customer and EnerNOC understand that the curtailable electrical capacity identified in the Site Address Attachment does not represent Accepted Capacity and is solely the Parties' best estimate of performance and that Accepted Capacity may vary.
c. Genera! Support Requirements. Customer agrees to provide or cause to be provided to EnerNOC contact, billing and energy usage data, and facility information concerning each Site Address ("Customer Data") as is necessary to support the Solutions, including, but not limited to: (i) at least twelve (12) months of historical utility bills and supply contracts; (ii) any account/supply point data including, without limitation, account numbers, meter serial numbers, meter identifiers, and change of tenancy information; (iii) square footage, operating hours (including holiday schedules) and average occupancy for each Site Address; (iv) major heating ventilation and air conditioning equipment, lighting type used, and any other significant equipment for each Site Address; (v) a contact list for all key personnel; and (vi) a letter of authorization or such other form as may be necessary for EnerNOC to act on behalf of Customer and interface directly with Customer's utility companies. Customer (x) represents that it has the right to provide Customer Data to EnerNOC and will provide Customer Data to EnerNOC in compliance with applicable legal requirements; (y) authorizes EnerNOC to use, copy, store, modify and display Customer Data for Customer's benefit and as expressly set forth in Section 5 of the EMA; and (z) authorizes EnerNOC to access Customer Data to provide quality assurance, perform software maintenance, and deliver customer service and technical support. During the SOW Term and for thirty (30) days following expiration or termination of this SOW, EnerNOC will preserve and maintain Customer Data. Thereafter, EnerNOC will have no obligation to preserve or return any Customer Data.
6. General Terms.
a. Provider Limitation. Customer agrees not to contract with any other provider of the Solutions during the SOW Term.
b. Payments to Utilities or Other Suppliers. In no event shall EnerNOC or its affiliates, directors, employees and agents (collectively, the "Indemnified Parties") be responsible or liable for payment of any utility bill of Customer or any amount Customer may owe to any utility or other supplier. To the fullest extent permitted by law, Customer shall defend and indemnify, at its own expense, any third party claim against the Indemnified Parties, that arise due to any allegation that the Indemnified Parties are responsible for payment of any utility bill of Customer or a portion thereof, or any other amounts due by Customer to any utility or other supplier. In connection with the foregoing indemnification obligations, Customer shall pay reasonable legal fees as incurred and such damages or costs as are finally awarded against EnerNOC or agreed to in settlement for such claim.
c. Termination. Either Party may terminate this SOW (i) in the event of the other Party's material breach of this SOW, provided that the breaching Party fails to cure the specific breach within thirty (30) days following date of written notice from the non-breaching Party specifying the purported breach; (ii) immediately upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other Party's debts; (iii) if the Program is materially altered, suspended or ended; or (iv) with respect to a Program in accordance with the terms set forth in the Program Rule Attachment for such Program.
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ENERNOC
IN WITNESS WHEREOF, and intending to be legally bound, the Parties have duly executed this EMA by their authorized representatives as of the Effective Date.
EnerNOC, Inc. City of South Gate
Name: Michael J. Berdik Name: Jorge Morales
Title: Deputy General Counsel Title: Mayor
Signature: Signature:
ATTEST:
Carmen Avalos, City Clerk (SEAL)
TO FORM:
aul F. Salinas, City Attorney
4334083.1 -- L235.0 7 ENERNOC
Program Rule Attachment A Southern California Edison
1. Program Description. The Program compensates electricity users for reducing consumption when demand for electricity is high and system reliability is at risk. The Program is meant to help alleviate the potential for blackouts and brownouts by providing Southern California Edison "SCE") with a resource to call upon in situations of system stress and high energy prices.
2. Program Rules. The terms of this SOW will reflect the Program terms and conditions of SCE or the California Public Utilities Commission (" CPUC"), which may be amended from time to time. The current terms are summarized in the below:
Demand Response Events may be called year round during non-holiday weekdays from 11:00 AM to Program Availability 7:00 PM (the "Program Period"). Enrollment for the Program takes place on the first of every month during the Program Period (" Program Enrollment Enrollment Period"). Demand Response Events can be called at SCE's discretion, but are usually prompted by repeated days Event Trigger of elevated temperatures or high energy prices. Customer is expected to reduce demand by the start of the Demand Response Event and EnerNOC will use commercially reasonable efforts to provide Customer with thirty (30) minute advance notice. In addition to providing Demand Response Event notification, EnerNOC agrees to use commercially Advanced Notification reasonable efforts to inform Customer that Demand Response Events are likely several hours or the day before based upon weather conditions, spot market prices, day-ahead Program activations and other relevant information. Demand Response Events may last one (1) to six (6) hours. The annual hourly limitation is one hundred Event Frequency & Duration fifty (150) hours per year. Testing Requirement SCE may conduct test demand response events.
Customer shall be considered enrolled in the Program and eligible to earn demand response payments upon the later of (i) the next Enrollment Period following execution of this SOW by the Parties; or (ii) the date indicated in the Program enrollment notification email sent by EnerNOC to Customer.
3. Customer Capacity.
a. Accepted Capacity. For purposes of this SOW, "Accepted Capacity" shall represent the best estimate of Customer's performance based on analysis of consumption data and pre-enrollment testing. Customer agrees that the Accepted Capacity may be adjusted by EnerNOC in the future to reflect actual performance, changes in facility operations, Program rules, regulations and/or other relevant information.
b. Delivered Capacity. For purposes of this SOW, "Delivered Capacity" shall be defined as the average difference between the measured energy demand (in kW) and baseline energy usage over each hourly interval of such Demand Response Event as measured by SCE. If Delivered Capacity is not greater than 75% of Accepted Capacity for any given Demand Response Event hour, then Delivered Capacity for said Demand Response Event hour will equal zero (0) kW.
4. Payments.
a. Payments to Customer.
i. Capacity Payments. EnerNOC will pay Customer $64.00 per kilowatt per year (price for each month during the Program Period varies) multiplied by either (i) Customer's Accepted Capacity if no Demand Response Events have been initiated, or (ii) Customer's Delivered Capacity following a Demand Response Event ("Capacity Payments").
ii. Energy Payments. In months when one or more Demand Response Events are called, EnerNOC will pay Customer 100.00% of the energy payments available from SCE to EnerNOC in connection with Customer responding to a Demand Response Event when notified by EnerNOC ("Energy Payments").
iii. Payment Cap. Capacity Payments are capped at 125% of Accepted Capacity and Energy Payments are capped at 150% of Accepted Capacity. EnerNOC may, at its discretion, remove minimum and maximum caps for a single Demand Response Event on a case-by- case basis as conditions warrant.
iv. Underperformance. In no event shall Customer be penalized for underperformance or non-performance, other than to have future and/or event-month payments reduced to reflect Delivered Capacity as described in Section 3(b) above.
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b. Payment Timing. EnerNOC shall make quarterly payments to Customer of Customer's share of all payments received by EnerNOC from SCE during the preceding quarter in connection with Customer's participation in the Program. All payments will be made within forty-five (45) days of EnerNOC's receipt of total payment from SCE.
c. Timing of First Payment. EnerNOC shall make all payments associated with Customer's participation in the Program to Customer on a quarterly basis, and such payments shall be made within forty-five (45) days of EnerNOC's receipt of total payment from SCE.
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Site Address Attachment Site Addresses
# of # of Enablement Demand Response Estimated Enablement Electric Ancillary Plan Site Name Site Address Program Capacity Fee Utility Data Required Attachment (kW) Meters Streams (Yes/No)? City of South Gate - 9021 W Frontage Road $0 0 0 No A 100 9021 W Frontage South Gate, CA 90280
City of South Gate - 3400 Ardmore Ave $0 0 0 No A 150 3400 Ardmore Ave South Gate, CA 90280
City of South Gate - 9615 Pinehurst Avenue $0 0 0 No A 200 9615 Pinehurst South Gate, CA 90280