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Minutes, closed session

Commerce City Council
July 26, 2022

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Minutes, closed session
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July 26, 2022
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Commerce City Council
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Text extracted from the city's file for reading and search. Open the original on cityofcommerce.legistar.com. That file is the official record.

City of Commerce
Meeting Minutes
Tuesday, July 26, 2022 - 5:00 PM

CALL TO ORDER
Mayor Rebollo called meeting to order at 5:24 p.m. via teleconferencing.

ROLL CALL
Mayor Rebollo
Mayor Pro Tem Argumedo
Councilmember Altamirano
Councilmember Garcia
Councilmember Lainez

Present: 5 -

PUBLIC COMMENT ON CLOSED SESSION ITEMS
There were no individual wishing to address the City Council on any items on Closed Session agenda.

RECESS TO CLOSED SESSION
City Council/Successor Agency recessed to Closed Session at 5:27 p.m.

1. Pursuant to Government Code §54956.8, the City Council will confer with its real property negotiator, Edgar Cisneros, with respect to real estate negotiations for:

A. 5476 Jillson St. (APN 6335-019-023), 5530 Jillson St. (APN 6335-019-042), 2500 S.

Eastern Ave. (APN 6335-024-046), (APN 6335-024-03), (APN 6335-024-039), (APN 6335-024-048), (APN 6335-024-04), (APN 6335-024-043), (APN 6335-024-044), (APN 6335-024-045), 5600 Jillson St. (APN 6335-023-049), (APN 6335-023-0), (APN 6335-023-054), 5611 E Washington Blvd. (APN 6335-023-048), 5571 E. Washington Blvd. (APN 6335-024-056), (APN 6335024057), and 5555 E. Washington, Commerce, CA 90040.

B. Wash-Tel Commerce, LLC concerning proposed price and other terms relating thereto, comprised of 6329 and 6355 Washington Boulevard, Commerce, California, commonly referred to as the Stahl Trust property.

2. Conference with Legal Counsel - Existing Litigation - Pursuant to Government Code Section 54956.9(d)(1). One (1) case: ZVI (aka) Harry Ryzman and Betty Ryzman, as Trustees of the Ryzman Family v the City of Commerce, acting in a separate limited capacity elected to serve as the Successor Agency to the Commerce Community Development Commission et al. - Superior Court of the State of California, County of Los Angeles, Case No. 19STCP02821.

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3. Conference with Legal Counsel - Existing Litigation - Pursuant to Government Code Section 54956.9(d)(1). One (1) case: From the Earth LLC v. City of Commerce et al. - Superior Court of the State of California, County of Los Angeles, Case No. 20STCV36221.

RECONVENE TO OPEN SESSION
City Council/Successor Agency reconvened to Open Session at 6:08 p.m.

ORAL CLOSED SESSION ANNOUNCEMENT
City Attorney Tapia reported on Closed Session items:

Item #1.B &#3 -staff made a presentation, feedback was provided and no reportable action was taken on any of these items.

Items #1A, and # 2 were not discussed in the Closed Session. 6:00 P.M. - CITY COUNCIL MEETING

CALL TO ORDER
Mayor Rebollo called regular City Council meeting to order at 6:10 p.m.

ROLL CALL
Mayor Rebollo
Mayor Pro Tem Argumedo
Councilmember Altamirano
Councilmember Garcia
Councilmember Lainez

Present: 5 -

APPEARANCES AND PRESENTATIONS

1. Presentation/Update from the Sheriff's Department Regarding Public Safety in the City of Commerce
Sergeant Duarte provided a status update on activities for the last two weeks.

Deputies conducted homeless clean-up and participated in food distribution.

Discussion took place about the motels' situation on Atlantic and criminal activity.

Sergeant Duarte stated that she had already done some research about five hotels in the area and will share information at the next council meeting. It was recommended to look at the last three years' statistics for the discussion.

Councilmember Argumedo asked to investigate the bar on Washington Boulevard due to some criminal activity and loud music. Sergeant Duarte confirmed that Department is working on that issue.

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Councilmember Garcia asked for an overview of the CORPs team at the upcoming meeting.

PUBLIC COMMENT
Director of Administrative Services and City Clerk Shumway read the following comments for the record:

Daniel asked that Bus 200 route be expanded to Cal State LA to stop near the City Hall.

Johncito Perazain opposition of parcel tax.

Gloria Nezahualcoyotl voiced her concerns about transportation pick-up and issues that arose with some seniors.

Leonard Mendoza spoke on items #15 and 16, and opposed ballot measure PS and term limits amendment.

CONSENT CALENDAR
Councilmember Altamirano moved, seconded by Councilmember Lainez, to approve the Consent Calendar minus items #3,#4, #5 and #6. The motion was carried by the following vote:

AYES: Councilmembers Altamirano, Garcia, Lainez, Vice Mayor Argumedo and Mayor Rebollo (5)
Councilmember Lainez asked to pull item #3 for discussion, Councilmember Garcia pulled item #4, Mayor Rebollo pulled item #5 and #6.

Item #3 - Councilmember Lainez asked to abstain from voting on the approval of the minutes of July 2, 2022.

Councilmember Altamirano moved, seconded by Vice Mayor Argumedo, to approve the minutes of July 2, 2022. The motion was carried by the following vote:

AYES: Councilmember Altamirano, Vice Mayor Argumedo and Mayor Rebollo (3) Abstained: Councilmembers Garcia and Lainez (2)
Councilmember Lainez moved, seconded by Vice Mayor Argumedo, to approve the City of Commerce Page 3 Printed on 8/9/2022
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minutes of July 12, 2022, and July 13, 2022. The motion was carried by the following vote:

AYES: Councilmembers Altamirano, Garcia, Lainez, Vice Mayor Argumedo and Mayor Rebollo (5)
Item #4 - Councilmember Garcia requested that under education experience, civil engineering certification is not modified to preferred but stays as a requirement.

According to the Director of Human Resources Pappo, the job specification was modified earlier to require a civil engineer license as a requirement, and staff is recommending reverting to the preferred requirement of the civil engineer license due to a limited pool of applicants following the recent recruitment. There was, in the end, only one qualified candidate, which makes it not a competitive process; therefore, the recommendation is to remove the civil engineer licensing requirement and make it preferred.

Discussion took place of the competitive cities and benchmarking with other agencies. Director Pappo said she could share benchmark information at the next Council meeting. Nearby cities would be Monterey, Bell Gardens, and Huntington Park.

City Manager Cisneros stated that due to the minimal pool of candidates, it is recommended to compromise the specification but give a higher rating to candidates with civil engineer licenses. Further discussion took place about higher years of experience in place of civil engineer licensing. In addition, there was a recommendation to hire Bob Murray & Associates to conduct the recruitment.

Following discussion, it was a consensus among the City Council to table this item for a later meeting to allow staff to provide benchmark information and answer most questions brought up during the discussion.

Item #5 - Mayor Rebollo recommended discussing these items related to Transportation in the scheduled matters, so the community understands. According to Director of Transportation McFerguson, the funds will be used for security cameras, covering some of the labor cost, or the City could get outside security services. Based on the allocation for five years period, the annual amount of $25,000 fluctuates based on the sales tax ratio and ridership. Most of these funds would be allocated to operating labor costs.

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Mayor Rebollo moved, seconded by Vice Mayor Argumedo, to adopt a Resolution approving the Memorandum of Understanding for Proposition C 5% Transit Security Funds. The motion was carried by the following vote:

AYES: Councilmembers Altamirano, Garcia, Lainez, Vice Mayor Argumedo and Mayor Rebollo (5)
Item #6 - Mayor Rebollo moved, seconded by Vice Mayor Argumedo, to adopt a Resolution approving the Memorandum of Understanding for Proposition C 40% Discretionary Funds. The motion was carried by the following vote:

AYES: Councilmembers Altamirano, Garcia, Lainez, Vice Mayor Argumedo and Mayor Rebollo (5)

2. Approval of Warrant Register Nos. 1A, 23A and 23B

3. Approval of Minutes

4. Amending the Director of Public Works Job Specification

5. Memorandum of Understanding with the Los Angeles County Metropolitan Transportation Authority for Proposition “C” 5% Transit Security Funds

6. Memorandum of Understanding with the Los Angeles County Metropolitan Transportation Authority for Proposition “C” 40% Discretionary Funds

7. State of Good Repair Funding Allocation for Fiscal Year 2022-2023

8. Professional Services Agreement with Hartzog & Crabill, Inc. for the Design Services of Class II Bike Lanes on Commerce Way, Eastern Avenue, and Harbor Street

9. Request for Proposals (RFP) for the Preparation of the Pavement Management Program Update

10. Agreement with Gateway Cities Council of Government for Telegraph Road Complete Street Study Implementation

PUBLIC HEARING

11. Confirmation of 2021-2022 Weed Abatement Charges
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Mayor Rebollo opened Public Hearing. There were no individuals wishing to address the City Council on this item. Mayor Rebollo closed Public Hearing.

Vice Mayor Argumedo moved, seconded by Councilmember Lainez to confirm the 2021-2022 weed abatement charges as recommended by the Los Angeles County Agricultural Commission. The motion was carried by the following vote:

AYES: Councilmembers Altamirano, Garcia, Lainez, Vice Mayor Argumedo and Mayor Rebollo (5)

SCHEDULED MATTERS

12. Appeal of Traffic Commission Denial of Disabled Blue Curb Parking Request at 2241 Strong Avenue
Following advice from City Attorney Tapia, Councilmember Lainez recused himself from participating in this item as he initially participated in the decision of this item as Traffic Commissioner.

Discussion took place.

Richardo Reyes, the resident residing at 2241 Strong Avenue, justified the need for the blue curb and asked that the City Council overturns the Traffic Commission decision.

Deputy Director of Operations Nila stated that the applicant obtained one more additional signature but still is missing one more required signature from neighboring property owners. The applicant was made aware of the need of obtaining two additional signatures.

Vice Mayor Argumedo stated that there is parking at the property, and the applicant could pull up in the driveway. According to Deputy Director Nila, the garage is also available for parking. Vice Mayor Argumedo added that this is a similar situation for the community of insufficient parking, and the City should follow existing guidelines and processes.

Further discussion took place regarding available parking on the property.

Vice Mayor Argumedo moved, seconded by Councilmember Garcia, to uphold the traffic commission action to deny the blue curb parking request at 2241 Strong Avenue based on parking concerns in the City and available parking on the City of Commerce Page 6 Printed on 8/9/2022
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property. The motion was carried by the following vote:

AYES: Councilmembers Altamirano, Garcia, and Vice Mayor Argumedo (3) NAY: Mayor Rebollo (1)
Recused: Councilmember Lainez (1)
Councilmembers asked that staff review and bring at a later date policy regarding driveway parking.

13. Parks and Recreation Department Budget Augmentation for Fiscal Year 2022-2023
Director Alaniz provided an overview of the staff report and powerpoint presentation. Director Alaniz provided an overview of the staffing levels and programming pre-covid, covid and post-covid.

Discussion occurred regarding employees versus positions, and Director Alaniz clarified that the Department lost 115 positions. Director Alaniz added that sports would be a priority, especially since a basketball league is starting in January, and they would need to get coaches on board by that time.

Councilmembers asked that staff provides an itemized budget for different programs.

Discussion took place on minimizing costs for sports, including the staffing cost, and utilizing volunteer coaches. Mayor Rebollo recommended using the Friends of Recreation list to see if any volunteers would be interested in running sports programs. Mayor Rebollo recommended moving away from clinics.

Councilmember Garcia recommended cross-training staff. It was a consensus among the City Council to table this item to a later date.

14. Committee and Commission Appointments
Councilmember Altamirano reappointed all previous commissioners.

Councilmember Lainez made the following appointments:

Library Commission - Deborah Villanueva
Parks & Recreation Commission - Nancy Becerra
Traffic Commission - Evelyn Serfozo
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Councilmember Garcia appointed Jorge Garcia to Traffic Commission.

Councilmembers and the Mayor reappointed Steve Craig and Jon Reno as business representatives for the Measure AA Advisory Committee and Mary Anne Griego Tally as a union representative for the Measure AA Advisory Committee.

Following discussion regarding terms for Special Needs Commission, Councilmember Garcia motioned not to extend the terms for the Special Needs Commissioners and allow the community to apply. The motion died for the lack of a second.

Mayor Rebollo moved, seconded by Councilmember Lainez, to extend the terms for three members of the Special Needs Commission whose terms expired during the pandemic, to extend their term for another year, and advertise for the vacancies and present to the City Council in 2023. The motion was carried by the following vote:

AYES: Councilmembers Altamirano, Lainez, Vice Mayor Argumedo and Mayor Rebollo (4)
NAYES: Councilmember Garcia

ORDINANCES

15. Introduction and First Reading of an Ordinance Enacting a Special Parcel Tax on Industrial Property to Maintain Essential Police, Fire, Paramedic Services, Emergency Service / Response Times, Environmental Services and Improve Community Safety
Assistant City Manager Domic provided an overview of the staff report.

Discussion took place of whether analyses were conducted of why this measure did not pass in the last election. According to Vice Mayor Argumedo, the business community presented a very sound argument and well-thought sentiment. For this measure to pass, there should be a better campaign on the City's side. Assistant City Manager Domic stated that this campaign would include more engaging the community, reaching out to the industrial community and commissioners, and having community meetings. According to Assistant City Manager Domic, the business community absorbs more resources than what they are bringing to the community. In addition, if the measure passes, implementation would begin on City of Commerce Page 8 Printed on 8/9/2022
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July 1, 2023, and those property taxes will not be recognized until 2024.

Further discussion took place on whether other sources of revenue are available.

Councilmember Lainez was concerned that it is very close to the election to allow for the proper campaign. Councilmember Lainez added that a better message should be developed and a better explanation of the benefits for the community.

City Manager Cisneros noted that for the measure to pass, they need the support of the entire Council.

Mayor Rebollo stated that this measure does not make a City not pro-business.

Mayor Rebollo recommended continuing this discussion to August 3, 2022. There was a consensus to adjourn this meeting to August 3, 2022.

16. Introduction and First Reading of an Ordinance Amending Section

2.08.160 of Chapter 2.08 of Title 1 of the Commerce Municipal Code Relating to Term Limitations; Resolution Calling a Special Municipal Election on November 8, 2022, for the Submission to Qualified Voters of the City of Commerce Ordinance No. ___Amending Section 2.08.160 of Chapter 2.08 of Title 1 of the Commerce Municipal Code, Regarding Term Limitations and Ordinance Enacting a Special Parcel Tax on Industrial Property to Maintain Essential Police, Fire, Paramedic Services, Emergency Service/Response Time, Environmental Services, and Improve Community Safety; and a Resolution Requesting the Los Angeles County Board of Supervisors to Consolidate the Special Municipal Election with the November 8, 2022 Statewide Election
City Manager Edgar Cisneros provided and overview of the staff report.

Discussion took place.

Vice Mayor Argumedo moved, seconded by Mayor Rebollo, to introduce for first reading by tittle only, and waiving the full reading, of an Ordinance of the City of Commerce amending Section 2.08.160, of Chapter 2.08, of Title 1 of the Commerce Municipal Code relating to term limitations; and to adopt two (2) resolutions: (1) Resolution calling a Special Municipal election on November 8, 2022, for the submission to qualified voters of the City of Commerce Ordinance amending Section 2.08.160, of Chapter 2.08, of Title 1 of the Commerce Municipal Code, relating to term limitations; and (2) a Resolution requesting the Los Angeles County Board of Supervisors to consolidate the Special Municipal Election with the November 8, 2022 statewide election; setting deadlines for filing written City of Commerce Page 9 Printed on 8/9/2022
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arguments for and against the measure, and rebuttals thereof; and directing the City Attorney to prepare impartial analysis. Director of Administrative Services and City Clerk Shumway read the title of the Ordinance. The motion was carried by the following vote:

AYES: Councilmembers Altamirano, Lainez, Vice Mayor Argumedo and Mayor Rebollo (4)
Abstained: Councilmember Garcia (1)

17. Introduction and First Reading of the Ordinance Changing Date of Election to Statewide General Election Date
City Manager Cisneros provided an overview of the staff report.

Councilmember Altamirano moved, seconded by Vice Mayor Argumedo, to introduce an Ordinance by title only, and waive further reading of same, amending Chapter 2.13 (Election Date) to Title 2 (Administration and Personnel) to hold the City's General Municipal Election on the Statewide General Election Date.

Director of Administrative Services and City Clerk Shumway read the title of the Ordinance. The motion was carried by the following vote:

AYES: Councilmembers Altamirano, Garcia, Lainez, Vice Mayor Argumedo and Mayor Rebollo (5)

CITY COUNCIL/SUCCESSOR AGENCY REPORTS
Councilmember Altamirano asked that staff investigate business off Bandini across from Home Depot due to some hazardous issues and requested staff to investigate the situation with the motels and how they could be upgraded to higher quality hotels.

Councilmember Lainez thanked Councilmember Garcia for joining him on Step Advisory Committee on tour. Councilmember Lainez congratulated the Crush and Aces program and water polo teams on Junior Olympics. Councilmember Lainez agreed they need to look at available options to re-imagine Atlantic and deal with the crime in those motels.

Vice Mayor Argumedo congratulated the traveling and aquatics teams and his granddaughter on a great volleyball season. Thanked all staff for doing a great job and exceeding the expectations. Vice Mayor Argumedo issued his condolences family of John Alvarez, former Parks and Recreation Commissioner, and Hector City of Commerce Page 10 Printed on 8/9/2022
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Viva Avila, father-in-law of Councilmember Altamirano.

Mayor Rebollo congratulated traveling teams, including crush volleyball, on their fantastic season, water polo placing high at Junior Olympics in San Jose, and congratulated on their success. Mayor Rebollo thanked all athletes and coaches.

Adjourned to August 3, 2022, at 10:21 pm

ADJOURNMENT
Meeting adjourned at 10:28 p.m. in memory of Hector Viva Avila, Father-in-law of Councilmember Altamirano, and John Alvarez, former Parks and Recreation Commissioner.

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