City of Commerce
Meeting Minutes
Tuesday, February 21, 2023 - 5:00 PM
Special City Council Meeting
5:00 P.M. CLOSED SESSION
CALL TO ORDER
Mayor Rebollo called meeting to order at 5:03 p.m.
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 individuals wishing to address the City Council on any items on the Closed Session agenda.
RECESS TO CLOSED SESSION
City Council/Successor Agency recessed to Closed Session at 5:05 p.m.
1. Pursuant to Government Code §54957.6 the City Council will confer with its labor negotiator, Edgar P. Cisneros, with respect to labor negotiations pertaining to:
A. The Memoranda of Understanding between the City and the City of Commerce Employees Association on behalf of the part -time employees.
B. The Memoranda of Understanding between the City and the City of Commerce Employees Association on behalf of the mid-management and non-management full-time employees.
C. Compensation and benefits for the unrepresented full-time executive management employees.
2. 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. Wash-Tel Commerce, LLC concerning proposed price and other terms relating thereto, comprised of 6329 and 6355 Washington Boulevard, Commerce, City of Commerce Page 1 Printed on 2/23/2023
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California, commonly referred to as the Stahl Trust property.
B. Craig Realty Corporation concerning proposed price and other terms relating thereto, comprised of the former Commerce Community Development Commission-owned real property located along the Telegraph Road Corridor, south of Gaspar Avenue and north of the Commerce Casino [Tubeway Avenue], formerly known as 5809, 5819, 5823, 2901/2903, 5933, 5901, 5959, 6000, 6003 and 6233 Telegraph Road and 2240 Gaspar Avenue; 2311, 2322 and 2366 Travers Avenue, Commerce, California.
3. Conference with Legal Counsel Pursuant to Government Code Sections 54956.9(d)(2) & (e)(2) - Regarding Anticipated/Potential Litigation - Two (2) Matters.
4. CITY COUNCIL CONFERENCE REGARDING PUBLIC EMPLOYEE
RECRUITMENT/EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957 (b) (1)
Employee Title: Director of Library Services
5. Conference with Legal Counsel - Existing Litigation - Pursuant to Government Code Section 54956.9(d)(1). One (1) case: the City of Commerce v Carlos Galvan Jr. et al. -Superior Court of the State of California, County of Los Angeles, Case No. 21STCV20773.
RECONVENE TO OPEN SESSION
City Council/Successor Agency reconvened to open session at 6:20 p.m.
ORAL CLOSED SESSION ANNOUNCEMENT
City Attorney Tapia reported on Closed session items:
Items #2 and #5 were not discussed
Item #1 and #4 - The staff made a presentation, the City Council provided feedback, and no reportable action was taken on these items.
Item #3 - only one matter was discussed. The staff made a presentation, the City Council provided feedback, and no reportable action was taken on this item. 6:00 P.M. - CITY COUNCIL MEETING
CALL TO ORDER
Mayor Rebollo called regular meeting to order at 6:22 p.m.
ROLL CALL
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Mayor Rebollo
Mayor Pro Tem Argumedo
Councilmember Altamirano
Councilmember Garcia
Councilmember Lainez
Present: 5 -
PLEDGE OF ALLEGIANCE
Assistant City Manager Domic led the Pledge of Allegiance.
INVOCATION
Vice Mayor Argumedo offered the invocation.
PUBLIC COMMENT
There were no individuals wishing to address the City Council on any items within their jurisdiction.
CONSENT CALENDAR
Councilmember Altamirano asked to pull item #14, and Councilmember Garcia asked to pull item #13 from the Consent Calendar for discussion.
Item #13 - Councilmember Garcia inquired about how the companies are selected for the on-call list and, once they are approved, how projects are assigned to specific companies. City Manager Cisneros responded that RFP was issued to meet staff augmentation as needed and provide specialized services, and companies were selected based on their qualifications. These companies are invited to participate in RFP for specific projects, and the project is presented to the City Council for approval.
Councilmember Altamirano moved, seconded by Vice Mayor Argumedo, to adopt a Resolution amending the On-Call Professional Services Agreements by extending terms of agreements through February 1, 2024, with an automatic month-to-month extension for Building and Tenant Improvement Plan Check, Landscape Architecture, Park Planning and Design, Planning Services, Environmental Science, Planning, Analysis & Assessment, and Regulatory Compliance, General Civil Engineering, Traffic Engineering, Real Estate and Right Of Way, Civil Plan Check, Construction Management & Inspection, Surveying, Staff Augmentation, and Building and Safety. The motion was carried by the following vote:
AYES: Councilmembers Altamirano, Garcia, Lainez, Vice Mayor Argumedo and Mayor Rebollo (5)
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Item #14 - Councilmember Altamirano thanked Councilmember Garcia for inviting them to a meeting that provided many ideas about this topic. Councilmember Altamirano had discussions with US Forest Service about affordable housing, and the City would like to bring Gateway Cities on this subject as well. There is an upcoming conference in Oregon that could provide opportunities for affordable housing. City Manager Cisneros added that there is a possibility of exploring affordable housing trust. This partnership with Gateway Cities Housing Trust does not compel the City to support specific projects but only those that the City believes are good.
In response to Councilmember Garcia on how Board Members would be selected, City Manager Cisneros responded that the Gateway Council of Government Board appoints seven elected members, and the City Council would choose a representative to serve on the Board as the City of Commerce representative.
Councilmember Argumedo moved, seconded by Councilmember Garcia, to adopt a Resolution approving the City of Commerce’s execution of the Joint Exercise of Powers Agreement relating to membership in the Gateway Cities Affordable Housing Trust. The motion was carried by the following vote:
AYES: Councilmembers Altamirano, Garcia, Lainez, Vice Mayor Argumedo and Mayor Rebollo (5)
Councilmember Lainez moved, seconded by Councilmember Altamirano, to approve the Consent Calendar minus items #13 and #14. The motion was carried by the following vote:
Ayes: Mayor Rebollo, Mayor Pro Tem Argumedo, Councilmember Altamirano, Councilmember Garcia, and Councilmember Lainez
5 -
6. Approval of Warrant Register Nos. 13A, 13B, and 13C
7. Approval of Minutes
8. Re-Ratifying the Proclamation of a State of Emergency by Governor Newsom, and Re-Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Commerce for the 30-Day Period
9. Participation in the Central Basin Demonstration Garden Funding Opportunity
10. Request for Proposals to Provide Auditing Services to the City of City of Commerce Page 4 Printed on 2/23/2023
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Commerce
11. Award of Construction Contract to Trueline Construction & Surfacing, Inc. for the Basketball/Volleyball Courts Resurfacing at Various City Parks Project
12. Rejection of Bids for the Class II Bicycle Facility Improvements on Eastern Avenue, Commerce Way, and Harbor Street
13. Amendments to On-Call Professional Services Consultant Agreements
14. Joint Powers Agreement Relating to the Membership in the Gateway Cities Affordable Housing Trust
15. Weed Abatement - Declaring that Weeds, Brush, Rubbish are a Public Nuisance
SCHEDULED MATTERS
16. Presentation/Update from the Sheriff's Department Regarding Public Safety in the City of Commerce
Sergeant Duarte provided statistics for the last two weeks regarding crime numbers and arrests made, as well as COPS team assignments overview for the last two weeks.
Councilmember Garcia asked about homeless encampments. Sergeant Duarte responded that Deputies go to the site, provide resources and information to the homeless individuals, contact Bell Shelter if needed then post a notice to vacate and request relocation. As for the Mixmaster encampment, it is not on the City's property but will be cleared within the next week.
Mayor Rebollo asked to compare crime and arrest statistics to the previous month.
17. Modelo Project Update
Assistant City Manager Domic provided an introduction, and Adrian Comstock provided a PowerPoint presentation regarding Modelo Project. Since the approval of the project, the final EIR was recorded, Commerce schematic design was developed, and private funds were raised to finance the project. Mr. Comstock provided a timeline of the future construction work and different construction phases.
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No action was taken on this item. It is informational only.
18. Authorize Contract Increase for Exclusive Franchise Agreement with Athens Services for Residential Refuse and Recycling Services and Provide Direction Related to a Potential Second Amendment Jim Smith, the Union representative, spoke in support of agenda items #18 and #19. Union Members support the reduction of trash haulers and moving to the more efficient and exclusive or semi-exclusive franchise, and supported the extension of the agreement for additional two years.
Acting Director of Public Works Nila provided an overview of the item.
Vice Mayor Argumedo moved, seconded by Councilmember Lainez, to adopt a Resolution authorizing a 9.57% contract increase for Athens for the 2022-2023 Fiscal Year, which equates to $86,383.53 from the current monthly rate of $78,839.36 under the existing residential waste hauling services agreement. The motion carried by the following vote:
Ayes: Mayor Rebollo, Mayor Pro Tem Argumedo, Councilmember Altamirano, Councilmember Garcia, and Councilmember Lainez
5 -
19. Commercial Refuse Hauler Update
Shelline Katangian, a Key Disposal employee, stated that the company had served commercial customers for over 30 years. With a small number of employees at the company, the customer service provided is outstanding. Ms. Katangian asked that the Key Disposal is added to eight commercial haulers.
Tom Nitti stated that he represents Key Disposal. Mr. Nitti noted that the previous staff report a couple of years ago included an option that allowed Key Disposal to operate. Still, the current staff report does not have this option. Mr. Nitti also warned about Proposition 218 and other legislation that could lead to litigation.
John Katangian, Key Disposal, stated that they worked with their customers to bring them to comply with the new law.
Allan Babashoff has been operating in the City for years. Mr. Babashoff stated that the number of haulers was reduced to 15 and not to eight haulers. Mr. Babashoff also noted that some licenses were transferred and should not be around or allowed.
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Elizabeth Romero, a Key Disposal employee, talked about their customer service and services provided.
Pedo Ullva spoke for the record.
Acting Public Works Director Nila provided an overview of the staff report and stated that the agreements expire by October 2023.
According to Acting Director Nila, the City's best interest is to protect the City from mandates and requirements, and there have been more and more regulations. Five years ago, the City received a compliance order, and the City had to address the haulers that were not compliant with orders. RFP was released for semi-exclusive agreements, and the number was limited to eight providers to provide balance and maintain a competitive environment for businesses to choose from. Eight haulers that presented the best proposals were selected, and other haulers received a legal notice to plan their exit from the City five years ago. Haulers that received a five-year notice have until next month to release their customers.
Further discussion took place on whether legal obligations with the noticing were met. It was also stated that the accounts that would be released by haulers no longer licensed to operate in the City would be picked up by the eight remaining haulers.
Mayor called a break at 7:44 pm. The City Council returned from a break at 7:59 pm.
Mayor Pro Tem Argumedo moved, seconded by Councilmember Lainez, to approve Option #1 and #2 as recommended by staff to Option #1 to extend term of all current seven semi-exclusive agreements for two additional years and release a new RFP and reduce the number of waste haulers under semi-exclusive or exclusive agreements effective November 1, 2023 for improved oversight and environmental reporting as well as maximizing the collection of franchise fees. The motion carried by the following vote:
Ayes: Mayor Rebollo, Mayor Pro Tem Argumedo, Councilmember Altamirano, Councilmember Garcia, and Councilmember Lainez
5 -
20. Telegraph Corridor Improvements Concept Plan from West City Limit to Atlantic Boulevard
Acting Public works Director Nila provided an overview of the staff report. Mr.
Gibson provided an overview of a traffic study and proposed improvements.
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According to Mr. Gibson, recommendations and improvements are based on extensive data collection.
Discussion took place on whether the Mixmaster would be affected by lane merging on Telegraph and how far from the intersection it is recommended. In response to Vice Mayor Argumedo regarding whether the HOV lane would be a good solution for this stretch of Telegraph Rd, Mr. Gilson stated that the traffic flow is not that heavy to justify the HOV lane and also, the cost of it is relatively high.
Further discussion took place about the turn lane to go to the highway. According to Mr. Gibson, it is a conceptual design, and the conceptual design could be modified to include suggestions and recommendations from the City Council.
In response to Mayor Rebollo questions about coordinating improvements to Telegraph Road with the County, Acting Director Nila responded that the County reviewed their conceptual design and did not see a significant impact.
Discussion took place about taking more time for the City Council to review this conceptual design before voting on this item. According to Acting Director Nila, improvements to Telegraph Road would take about six to eight months from approval. Acting Director Nila stated that staff could come back with more visuals for the conceptual design and also identify funding sources for this project.
No Action was taken on this item; it was a consensus to bring this item back later and provide an opportunity for the City Council to meet with staff.
21. Professional Services Agreement for the Preparation of Plans, Specifications, and Engineer’s Estimate for the Sidewalk Improvements on Ferguson Drive
Acting Public Works Director Nila provided an overview of the staff report. Director Nila explained that outreach was done in late summer or early fall, and residents and businesses affected received a letter/notice.
Councilmember Lainez asked that staff include Ferguson and Gaspar stop sign design in the project as visibility is not very good.
Mayor Pro Tem Argumedo moved, seconded by Mayor Rebollo, to adopt a Resolution awarding a Professional Services Agreement to Elie Farah, Inc. for the preparation of Plans, Specifications, and Engineer's Estimate for the Sidewalk Improvements on Ferguson Drive and various Cul-de-sacs from Gerhart Avenue to Concourse Avenue Project and authorizing project management services by Transtech Engineers, Inc. The motion carried by City of Commerce Page 8 Printed on 2/23/2023
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the following vote:
Ayes: Mayor Rebollo, Mayor Pro Tem Argumedo, Councilmember Altamirano, Councilmember Garcia, and Councilmember Lainez
5 -
22. Approval of the 60% Design Concept for the New Transit Maintenance Facility Project
Director of Transportation McFerguson provided a brief introduction, and William Todd, Stantec Project Coordinator, provided a presentation. Discussion took place about the 200 visitor and employee dedicated parking spaces, the relatively large lobby area, and the training conference room. According to Director McFerguson, the City could participate in regional area training, host at the City, and rotate hosting with other organizations, which would benefit the City.
Councilmember Lainez stated that this facility is being built for the future and potential expansion. Director McFerguson added that by applying for federal funding and other funding sources, the City has to justify expansion, ridership, improving connectivity, and present a solid and efficient project.
In response to Councilmember Garcia's questions about the number of buses, Director McFerguson stated that currently, the City has 40 buses.
Councilmember Altamirano moved, seconded by Councilmember Lainez, to adopt a Resolution approving the 60% Design Concept for the Transit Maintenance Facility Project. The motion carried by the following vote:
Ayes: 4 - Mayor Rebollo, Mayor Pro Tem Argumedo, Councilmember Altamirano, and Councilmember Lainez Abstain:1 - Councilmember Garcia
23. Third Amendment to the Professional Services Agreement with Stantec Architecture, Inc
Mayor Pro Tem Argumedo moved, seconded by Councilmember Altamirano, to adopt a Resolution approving the Third Amendment to the Professional Service Agreement with Stantec Architecture Inc. for architecture and engineering services. The motion carried by the following vote:
Ayes: Mayor Rebollo, Mayor Pro Tem Argumedo, Councilmember Altamirano, Councilmember Garcia, and Councilmember Lainez
5 -
24. Revisions to the Personnel Classification and Compensation Plan by Amending the Recreation Leader Job Specifications
The Director of Parks and Recreation Alaniz provided an overview of the staff report.
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Discussion took place about the challenges staff encountered with hiring Recreation Leaders. Out of 54 candidates, only four were hired for the position. On March 11, 2023, staff will conduct job fair/interviews for multiple Parks and Recreation positions. Staff will be utilizing Facebook, Fun Evening at the Senior Center is planned to promote Parks and Recreation positions and provide an overview of the department. Each household will receive a flyer regarding the upcoming job fair. In response to Councilmember Garcia, whether applicants/participants would be hired on the spot at the Job Fair, Director Alaniz explained that background and medical clearance would be required, but this would cut several weeks of the hiring process.
Further discussion took place about promotional opportunities for Recreation Aids.
Councilmember Garcia inquired whether existing recreation Aids would be qualified for Recreation Leader positions, and Director Alaniz stated that s long they have the required hours, they could apply today. Further discussion took place regarding training for Parks and Recreation Leaders.
Mayor Rebollo moved, seconded by Councilmember Garcia, to adopt a Resolution approving revisions to the Personnel Classification and Compensation Plan by amending the Recreation Leader job specifications.
The motion carried by the following vote:
Ayes: Mayor Rebollo, Mayor Pro Tem Argumedo, Councilmember Altamirano, Councilmember Garcia, and Councilmember Lainez
5 -
PUBLIC HEARING
25. Allocation of the 49th year of Community Development Block Grant (CDBG) funds for Fiscal Year 2023/2024
Acting Director of Economic Development and Planning Molinar provided a brief overview of the staff report. Mayor Rebollo opened Public Hearing. There were no individuals wishing to address the City Council on this item. Mayor Rebollo Closed Public Hearing.
Mayor Pro Tem Argumedo moved, seconded by Councilmember Garcia, to adopt a Resolution authorizing the allocation for the 49th year of Community Development Block Grant (CDBG) funds for Fiscal Year 2023/2024. The motion carried by the following vote:
Ayes: Mayor Rebollo, Mayor Pro Tem Argumedo, Councilmember Altamirano, Councilmember Garcia, and Councilmember Lainez
5 -
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26. Amending the Small Wireless Facility Fee Schedule to Include an Annual Permit Application Fee Adjustment Based On the Consumer Price Index Acting Public Works Director Nila provided a brief overview of the staff report.
Mayor Rebollo opened Public Hearing. There were no individuals wishing to address the City Council on this item. Mayor Rebollo Closed Public Hearing.
Mayor Rebollo moved, seconded by Vice Mayor Argumedo, to adopt a Resolution modifying the Small Wireless Facility Fee Schedule to include a Consumer Price Index-based annual adjustment to the Permit Application Fees. The motion carried by the following vote:
Ayes: Mayor Rebollo, Mayor Pro Tem Argumedo, Councilmember Altamirano, Councilmember Garcia, and Councilmember Lainez
5 -
CITY COUNCIL/SUCCESSOR AGENCY REPORTS
Councilmember Garcia reported that she had a meeting with Assemblywoman Garcia, attended the ICA conference, and Senior Valentine Dance.
Mayor Rebollo thanked Contract Cities for recognizing a local hero Brandon Tsay who disarmed a mass shooter. Mayor Reboolo reported that she attended the Contract Cities event for Brandon Tsay's recognition.
ADJOURNMENT
Meeting adjourned at 9:45 p.m. in memory of the victims of the mass shooting that took place on January 21, 2023, in the City of Monterey Park.
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