Cudahy City Council
July 5, 2022

AGENDA

A REGULAR MEETING

OF THE CUDAHY CITY COUNCIL
and JOINT MEETING of the
CITY OF CUDAHY AS SUCCESSOR AGENCY and HOUSING SUCCESSOR AGENCY

TO THE CUDAHY DEVELOPMENT COMMISSION
Tuesday, July 5, 2022 – 6:30 P.M.

Written materials distributed to the City Council within 72 hours of the City Council meeting shall be available for public inspection at www.cityofcudahy.com In compliance with the Americans with Disabilities Act (ADA) if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at (323) 773-5143 at least 72 hours in advance of the meeting.

Rules of Decorum
Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.

Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.

When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.

If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.)
Elizabeth Alcantar, Mayor
Jose R. Gonzalez, Vice Mayor
Jack M. Guerrero, Council Member
Blanca Lozoya, Council Member
Daisy Lomelí, Council Member

REMOTE TELECONFERENCE AND

ELECTRONICALLY
This meeting will be conducted telephonically
and electronically pursuant to Government
Code § 54953
Teleconference Phone Number:
1 (669) 900-6833
Meeting ID: 883 8731 9190
https://us02web.zoom.us/j/88387319190

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
July 5, 2022, at 6:30 P.M.

1. CALL TO ORDER

2. ROLL CALL
Council / Agency Member Guerrero
Council / Agency Member Lozoya
Council / Agency Member Lomelí
Vice Mayor / Vice Chair Gonzalez
Mayor / Chair Alcantar

3. PLEDGE OF ALLEGIANCE

4. LAND ACKNOWLEDGEMENT
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

5. PRESENTATIONS

6. CLOSED SESSION PUBLIC COMMENTS
(Each member of the public may provide a public comment telephonically or electronically if he or she wishes to address the City Council on closed session matters by clicking the hand icon on Zoom or pressing star (*) nine (9) on the telephone. During this time, members of the public are permitted to speak for three (3) minutes concerning only items on closed session.)

RECESS TO CLOSED SESSION
At this time, City Council will meet in closed session to go over items of business on the closed session agenda. Closed session discussion will end at 7:30 p.m. At that time, City Council will have the option to continue discussing closed session items after deliberating on all agenda items or continue the discussion to the next regular meeting. Once closed session is complete and the City Council returns from closed session into open session, members of the public may then rejoin the proceedings.

7. CLOSED SESSION
A. Closed Session Pursuant to Government Code Section 54956.9(d)(2) – Conference with Legal Counsel to Discuss Matter Involving Potential Litigation – One Matter

8. CLOSED SESSION ANNOUNCEMENT

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
July 5, 2022, at 6:30 P.M.

9. PUBLIC COMMENTS
(Each member of the public may provide a public comment telephonically or electronically by clicking the hand icon on Zoom or pressing star (*) nine (9) on the telephone, if he or she wishes to address the City Council. Members of the public are permitted to speak for three (3) minutes concerning items under the City Council’s jurisdiction, including items on the council agenda.) (Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403).)

10. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS (Each Council Member is limited to three minutes.)
(This is the time for the City Council / Agency to comment on any topics related to “City Business,” including announcements, reflections on city / regional events, response to public comments, suggested discussion topics for future council meetings, general concerns about particular city matters, questions to the staff, and directives to the staff (subject to approval / consent of the City Council majority members present, regarding staff directives). Each Council / Agency Member will be allowed to speak for a period not to exceed three (3) minutes. Notwithstanding the foregoing, the City Council Members shall not use this comment period for serial discussions or debate between members on City business matters not properly agendized. The City Attorney shall be responsible for regulating this aspect of the proceeding.)

11. CITY MANAGER REPORT (information only)

12. REPORTS REGARDING AD HOC, ADVISORY, STANDING, OR OTHER COMMITTEE

MEETINGS

13. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES (Consideration to waive full text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.) (COUNCIL / AGENCY)
Recommendation: Approve the Waiver of Full Reading of Resolutions and Ordinances.

14. CONSENT CALENDAR
(Items under the Consent Calendar are considered routine and will be enacted by one motion, prior to the vote to approve the Consent Calendar, each Council Member shall have a maximum of three (3) minutes to comment on the Consent Calendar as a whole. There will be no separate discussion of these items unless a Council / Agency Member so requests specific item(s) be removed from the Consent Calendar for separate action. Items may only be considered as a separate action if either (1) a Council

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
July 5, 2022, at 6:30 P.M.

Member must recuse themselves due to a conflict of interest or (2) a Council Member has specific questions for City Staff. Items called for separate discussion will be heard as the next order of business.) A. Consideration to Review and Approve the Draft Minutes of June 7, 2022 for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission (page 7) Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for June 7, 2022.

B. Consideration to Receive and File City Council Calendar for Fiscal Year 2022-23 (page 21) Presented by the City Clerk
Recommendation: The City Council is requested to receive and file the City Council Calendar, which indicates the Fiscal Year (FY) 2022-23 council meeting dates, draft staff report and attachments due date, draft council agenda packet delivery dates and the City’s designated holidays.

15. PUBLIC HEARING – NONE

16. BUSINESS SESSION
A. Resolution of public interest and convenience, declaring the city’s intent to sell real property at 5256 Elizabeth Street and 5260 Elizabeth Street (APN 6224-001-901 and APN 6224-001-902) for the construction of a multifamily residential development (page 25) Presented by the Interim Community Development Director Recommendation: Staff recommends that the City Council of the City of Cudahy (the “City”):

1. Adopt the Resolution of Public Interest and Convenience No. 22-39, declaring the City’s intent to sell the real property located at 5256 Elizabeth Street and 5260 Elizabeth Street, Cudahy, California with the following Los Angeles County Assessor Parcel Numbers: 6224- 001-901 and 6224-001-902, in order to allow for the development of multifamily residential development (“Project”).

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
July 5, 2022, at 6:30 P.M.

B. Declaration of surplus property pursuant to Government Code 54220 et. seq. in the City of Cudahy, California, County of Los Angeles, (APNs: 6226-022-904, 6226-022-905, 6226-022-906, 6226-022-907, 6226-022-908, 6226-022-909, 6226-022-910, 6226-022-911) (page 33) Presented by the Interim Community Development Director Recommendation: Staff recommends that the City Council of the City of Cudahy (the “City”), sitting as Successor Agency to the former Redevelopment Agency of the City of Cudahy (“Successor Agency”):

Find that the declaration of surplus property is exempt from environmental review pursuant to the California Environmental Quality Act; and adopt a resolution declaring that the properties located at 4613 Clara Street, 4615 Clara Street, 7638 Atlantic Ave., 7660 Atlantic Ave., 7644 Atlantic Ave., 7630 Atlantic Ave. (APNs: 6226-022-904, 6226-022-905, 6226- 022-906, 6226-022-907, 6226-022-908, 6226-022-909, 6226-022-910 6226-022- 911) are surplus land and are no longer necessary for the Successor Agency’s use, and directing the Executive Director, or their designee, to follow the procedures set forth in the Surplus Land Act, California Government Code Section 54220, et seq., for the sale of surplus land.

C. Adoption of Proposed Ordinance Amending Section 20 (Appointment, Reappointment, and Removal) of Chapter 2.32 (City Commissioners) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code (page 45)
Presented by the City Attorney
Recommendation: The City Council is requested to approve an Ordinance by first reading, amending Section 20 of Chapter 2.32 (City Commissioners) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code.

D. Adoption of Proposed Resolution No. 22-40 Establishing the Objectives and Policies for the Planning Commission (page 51)
Presented by the City Attorney
Recommendation: The City Council is requested to adopt proposed Resolution No. 22-40 establishing the objectives and policies for the Planning Commission.

E. Consideration to Adopt a Proposed Urgency Ordinance of the City Council of the City of Cudahy Establishing an Interim Prohibition on Residential Rent Increases and Creating an Ad Hoc Rent Control City Council Subcommittee (page 57)
Presented by the City Attorney

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
July 5, 2022, at 6:30 P.M.

Recommendation: It is staff’s recommendation that the City Council take one of the following actions:

1. Adopt Urgency Ordinance No. 724 establishing a temporary prohibition on residential rent increases for a period of 90 days with the ability to extend further; or

2. Take no further action, and receive and file this report.

17. COUNCIL DISCUSSION
A. Council Member Guerrero
i. Resolution to declare the City of Cudahy a sanctuary city for unborn children.

B. Council Member Lomelí
i. Support of Countywide pilot project to expand and improve access to sexual and reproductive health care services via LA County Abortion Access Safe Haven Pilot Program.

18. ADJOURNMENT
I, Richard Iglesias, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City’s Website, City Hall, Bedwell Hall, Clara Park, and Lugo Park not less than 72 hours prior to the meeting. A copy of said Agenda is on file in the City Clerk’s Office.

Dated this 30th day of June 2022
Richard Iglesias
City Clerk

“Serving the People” "Sirviendo A La Comunidad"
Staff Report
07/05/2022 Page 1 of 2

STAFF REPORT
Date: July 5, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Consideration to Review and Approve the Draft Minutes of June 7, 2022 for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission

RECOMMENDATION
The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for June 7, 2022.

BACKGROUND / ANALYSIS
On December 12, 2016, the City Council of the City of Cudahy adopted Resolution No. 16-38, approving the use of summary action minutes, meant to allow the City Clerk's Office to write the minutes in brief, assuring a record of Council's actions, due to having a recording of the full Council Meeting on the City’s website.

Historically
The Municipal Clerk is one of the oldest professions in government, dating back to 1272 A.D., originating in England. The record keeper then was called Remembrancer, an English official whose job was to remind the Lord Treasurer and Barons of Court, of business pending.

Years later, in the 1600s, when early colonists came to America, the office of the Clerk was one of the first offices to be established. Over the years, the City Clerk’s office has become the core for local government, and the liaison to the residents of the Community. The Municipal Clerk (City Clerk) is the record keeper of a City’s recorded history.

Item Number
14A

“Serving the People” "Sirviendo A La Comunidad"
Staff Report
07/05/2022 Page 2 of 2
William Bennett Munro, a Canadian historian, and political scientist, who taught at Harvard University and the California Institute of Technology, stated in one of his first textbooks written: “No other office in municipal service has so many contacts. It serves the Mayor, the City Council, the City Manager (when there is one), and all administrative departments, without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience.

The public does not realize how many loose ends of city administration this office pulls together.”
Moving forward to the present time, the City Clerk’s office today is generally responsible for keeping a record of City Council meetings; agreements; recordings of official documents; legal advertisements; municipal elections; commissions and committees current files; claims against the city; and other legal or official documents.

City Clerks are required to keep record of the proceedings (minutes) of Council meetings (Government Code Sections 36814 and 40801). Minutes are the official record of a meeting which provides a history of the Council’s decisions and actions.

CONCLUSION
City Council is requested to approve the attached City Council / Agency Draft Minutes of the proceedings of June 7, 2022.

FINANCIAL IMPACT
No Financial Impact.

ATTACHMENT
A. Draft Minutes June 7, 2022
B. Resolution No. 16-38, approving the City Clerk’s use of Summary Action Minutes as the Official Record of the City Council proceedings.

City Council/Successor Agency Minutes of 06/07/22 Page 1 of 9

MINUTES
CUDAHY CITY COUNCIL REGUAR MEETING and
CITY OF CUDAHY AS SUCCESSOR AGENCY and

HOUSING SUCCESSOR AGENCY TO THE CUDAHY

DEVELOPMENT COMMISSION JOINT MEETING
June 7, 2022 6:30 P.M.

1. CALL TO ORDER
Mayor / Chair Alcantar called the meeting to order at 6:36 p.m.

2. ROLL CALL
PRESENT: Council / Agency Member Daisy Lomelí
Vice Mayor / Vice Chair Jose R. Gonzalez
Mayor / Chair Elizabeth Alcantar
ABSENT: Council / Agency Member Jack M. Guerrero
Council / Agency Member Blanca Lozoya
ALSO PRESENT: City Manager, Alfonso Noyola, City Attorney, Victor Ponto, Deputy City Attorney, Susie Altamirano, City Clerk, Richard Iglesias, Finance Director, Joshua Calhoun, Director of Administrative Services, Brenda Rodriguez, Human Resources Manager, Noel Barajas, Public Works Director, Aaron Hernandez, Interim
Community Development Director, Salvador Lopez, and Junior Deputy City Clerk, Estefania Zamora.

3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Lomelí.

4. LAND ACKNOWLEDGEMENT
The Land Acknowledgment was led by Council Member Lomelí.

We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

5. PRESENTATIONS
A. Proclamation - Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual (LGBTQIA) Pride Month
Attachment A Page 9 of 66
City Council/Successor Agency Minutes of 06/07/22 Page 2 of 9 B. Proclamation - Immigrant Heritage Month

6. CLOSED SESSION PUBLIC COMMENTS – NONE

7. CLOSED SESSION – NONE

8. CLOSED SESSION ANNOUNCEMENT – NONE

9. PUBLIC COMMENTS
Irene Silvestre commented on a group of people being a nuisance, trashcans left out for serval days, trash on the streets, people speeding, street racing, and baseballs going over to her property during games.

Susie de Santiago commented on the marijuana initiative, asked to implement measures that will avoid having dispensaries near schools, churches, and residential, also asked to have a counterinitiative, and hopes the council votes no on item 15A because of increases and struggling families.

Public Commented sent via email
My name is Victor Frias and I am a special education teacher at Teresa Hughes Elementary. We are thriving despite the horrendous words and actions of Jack. Again, we invite all council members to visit our school next school year so you can actually see the good work that the teachers do for the community.

Lastly, I want to address Item 16A. Any retailers or dispensaries should be constructed away from churches, schools, and residential areas. Having dispensaries visible around schools where there are children is not the right move.

10. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS
Council Member Lomeli thanked everyone for attending and voting, encouraged everyone to vote, expressed excitement about her and the mayor being with students from Bell High School, commented on a student club that focuses on feminism, and congratulated graduating seniors.

Vice Mayor Gonzalez encouraged everyone to go out to vote.

Mayor Alcantar commented that she visited Bell High School, and Legacy High School, participated in the mural revel of Ellen Ochoa, responded to a public comment made regarding the issue at the riverbed, and encouraged everyone to vote.

11. CITY MANAGER REPORT (information only)

12. REPORTS REGARDING AD HOC, ADVISORY, STANDING OR OTHER COMMITTEE MEETINGS – NONE

13. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES

City Council/Successor Agency Minutes of 06/07/22 Page 3 of 9 Motion: Vice Mayor Gonzalez motioned to waive full reading of resolutions and ordinances, seconded by Council Member Lomelí. Motion passed 3-0-2 by the following roll call vote:

AYES: Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Lozoya and Guerrero
ABSTAIN: None

14. CONSENT CALENDAR
A. Consideration to Review and Approve the Draft Minutes of May 10, 2022, Special Meeting and May 17, 2022, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for May 10, 2022, and May 17, 2022.

B. Adoption of Proposed Resolution No. 22-25 Proclaiming a Local Emergency, Ratifying the Proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and Re-Authorizing Remote Teleconference Meetings of the City Council, City Boards, and all Commissions of the City of Cudahy, for the Period from June 7, 2022, through July 7, 2022, Pursuant to Brown Act Provisions
Recommendation: The City Council is requested to approve proposed Resolution No. 22-25 proclaiming a local emergency, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and re-authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Cudahy, for the period from June 7, 2022, through July 7, 2022, pursuant to Ralph M. Brown Act provisions.

C. Adoption of Proposed Resolution No. 22-26 Electing the Population and Inflation Factors and Establishing the City’s Fiscal Year (FY) 2022-2023 Appropriations Limit (GANN Limit)
Recommendation: The City Council is requested to adopt proposed Resolution No. 22- 26 confirming the population and inflation factors used to calculate the annual Appropriation Limit (GANN Limit) and establish the City’s GANN Limit for Fiscal Year (FY) 2022-2023.

D. City Council consideration of Fourth Amendment to the Exclusive Negotiating Agreement, by and between the City of Cudahy and Camerra Capital for the LongRange Property Management Plan Parcel Site No. 1 Recommendation: The City Council is recommended to approve the proposed a fourth amendment to the Exclusive Negotiation Agreement, by and between the City of Cudahy and Camerra Capital for Site 1.

City Council/Successor Agency Minutes of 06/07/22 Page 4 of 9 E. City Council consideration of First Amendment to the Exclusive Negotiating Agreement, by and between, the City of Cudahy and Prima Development for the LongRange Property Management Plan Parcel Site No. 5.

Recommendation: The City Council is recommended to approve the proposed First Amendment to the Exclusive Negotiation Agreement, by and between the City of Cudahy and Prima Development for Site 5.

F. Adoption of Resolution 22-27 Approving the Local Streets and Road Funding Program Project List for Fiscal Year (FY) 2022-23 to comply with the Road Repair and Accountability Act of 2017 (SB1 BEALL
Recommendation: The City Council is requested to adopt Resolution 22-27, approving the Local Streets and Road Funding Program Project List for Fiscal Year (FY) 2022-23 to comply with the Road Repair and Accountability Act of 2017 (SB1 Beall).

Motion: Vice Mayor Gonzalez motioned to approve consent items 14A through 14F, seconded by Council Member Lomelí. Motion passed 3-0-2 by the following roll call vote:

AYES: Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Lozoya and Guerrero
ABSTAIN: None

15. PUBLIC HEARING
A. Public Hearing Regarding Increased Fees for the Handling of Solid Waste and Recyclable Materials for Residential and Commercial Properties within the City and Adoption of proposed Resolution No. 22-28 levying fees for the handling of solid waste and recyclable materials
Presented by the Finance Director
Recommendation: The City Council is requested to receive and file the request from Republic Services to increase fees for the handling of solid waste and recyclable materials against residential properties by 5.30% or $1.18 per dwelling unit per month from $22.27 to $23.45 per month and commercial/industrial customers within the City by

5.83% to be applied to commercial and roll-off service rates; and adopt proposed Resolution No. 22-28 levying fees for handling solid waste and recyclable materials, also known as rubbish collection charge, against residential properties within the City.

Public Comment
Susie de Santiago reiterated her comment from earlier to consider the situation many are going through because of the increases, adding that every increase adds up and affects families, especially those struggling.

City Council/Successor Agency Minutes of 06/07/22 Page 5 of 9 Mr. Garcia asked the council how mobile park homes are charged whether they are calculated monthly because currently, residents living there are charged $40 each, which seems like too much, and mentioned issues with trash bins pick-ups.

Motion: Council Member Lomelí motioned to receive and file the request from Republic Services to increase fees for the handling of solid waste and recyclable materials against residential properties by 5.30% or $1.18 per dwelling unit per month from $22.27 to $23.45 per month and commercial/industrial customers within the City by 5.83% to be applied to commercial and roll-off service rates; and adopt proposed Resolution No. 22- 28 levying fees for handling solid waste and recyclable materials, also known as rubbish collection charge, against residential properties within the City, seconded by Vice Mayor Gonzalez. Motion passed 3-0-2 by the following roll call vote:

AYES: Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Lozoya and Guerrero
ABSTAIN: None
B. Adoption of Resolution No. 22-29 Memorializing a Public Hearing and Levying the Annual Assessment to Maintain the City of Cudahy Street Lighting District and Direct Staff to Forward the Resolution to the Los Angeles County Assessor Presented by the Public Works Director
Recommendation: The City Council is requested to adopt Resolution No. 22-29; memorializing a Public Hearing and Levying the Annual Assessment to maintain the City of Cudahy Street Lighting District for Fiscal Year (FY) 2022/23; and direct staff to forward Resolution No. 22-29 to the Los Angeles County Assessor before the August 10, 2022, deadline.

Public Comment
Mr. Garcia asked for an explanation of the topic and what it pertains to.

Motion: Vice Mayor Gonzalez motioned to adopt Resolution No. 22-29; memorializing a Public Hearing and Levying the Annual Assessment to maintain the City of Cudahy Street Lighting District for Fiscal Year (FY) 2022/23; and direct staff to forward Resolution No. 22-29 to the Los Angeles County Assessor before the August 10, 2022, deadline, seconded by Council Member Lomelí. Motion passed 3-0-2 by the following roll call vote:

AYES: Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Lozoya and Guerrero
ABSTAIN: None

City Council/Successor Agency Minutes of 06/07/22 Page 6 of 9

16. BUSINESS SESSION
A. Consideration to Review Report on the Effect of the Proposed Initiative "The Cudahy Marijuana Retail Sales Regulation and Taxation Measure" Presented by the City Attorney
Recommendation: It is recommended that the City Council review the report prepared by City Staff on the effect of the proposed initiative "The Cudahy Marijuana Retail Sales Regulation and Taxation Measure" pursuant to Elec. Code §9212 No Motion made to Review Report on the Effect of the Proposed Initiative "The Cudahy Marijuana Retail Sales Regulation and Taxation Measure B. Consideration to Replace and Supersede Resolution No. 19-30 and Approve a Resolution No. 22-30 Adopting the Memorandum of Understanding (MOU) Between the City of Cudahy and the Cudahy Miscellaneous Employee’s Association (CMEA) (July 1, 2022 - June 30, 2025)
Presented by the Human Resources Manager
Recommendation: The City Council is requested to replace and supersede Resolution 19-30 and adopt Resolution No. 22-30 approving the Memorandum of Understanding (MOU) between the City of Cudahy and the Cudahy Miscellaneous Employee’s Association (CMEA) for July 1, 2022 - June 30, 2025.

Motion: Vice Mayor Gonzalez motioned to replace and supersede Resolution 19-30 and adopt Resolution No. 22-30 approving the Memorandum of Understanding (MOU) between the City of Cudahy and the Cudahy Miscellaneous Employee’s Association (CMEA) for July 1, 2022 - June 30, 2025, seconded by Council Member Lomelí. Motion passed 3-0-2 by the following roll call vote:

AYES: Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Lozoya and Guerrero
ABSTAIN: None
C. Adoption of Resolution No. 22-31, Approving Proposed Fiscal Year 2022-23 City Budget
Presented by the Finance Director
Recommendation: The City Council is requested to adopt Resolution No. 22-31, adopting the Proposed FY 2022-23 City Budget.

Motion: Vice Mayor Gonzalez motioned to adopt Resolution No. 22-31, adopting the Proposed FY 2022-23 City Budget, seconded by Council Mayor Lomelí. Motion passed 3-0-2 by the following roll call vote:

City Council/Successor Agency Minutes of 06/07/22 Page 7 of 9 AYES: Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Lozoya and Guerrero
ABSTAIN: None
D. Consideration to Replace and Supersede prior Resolutions No. 16-01 and Approve a Resolution No. 22-32 Adopting the General Fund Reserve Policy Presented by the Finance Director
Recommendation: The City Council is requested to replace and supersede prior Resolution No. 16-01 and approve Resolution No. 22-32 adopting the General Fund Reserve Policy.

Motion: Vice Mayor Gonzalez motioned to replace and supersede prior Resolution No. 16-01 and approve Resolution No. 22-32 adopting the General Fund Reserve Policy, seconded by Council Mayor Lomelí. Motion passed 3-0-2 by the following roll call vote:

AYES: Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Lozoya and Guerrero
ABSTAIN: None
E. Consideration to Adopt Statement of Investment Policy Presented by the Finance Director
Recommendation: The City Council is requested to adopt Resolution No. 22-33 approving the Statement of Investment Policy.

Motion: Vice Mayor Gonzalez motioned to adopt Resolution No. 22-33 approving the Statement of Investment Policy, seconded by Council Mayor Lomelí. Motion passed 3-0- 2 by the following roll call vote:

AYES: Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Lozoya and Guerrero
ABSTAIN: None
F. Adoption of a Proposed Resolution No. 22-34, A Resolution of the City Council of the City of Cudahy Amending the Classification Plan for City Employees Presented by the Human Resources Manager
Recommendation: The City Council is requested to approve Resolution No. 22-34 of the City Council of the City of Cudahy amending the Classification Plan for City employees.

City Council/Successor Agency Minutes of 06/07/22 Page 8 of 9 Motion: Vice Mayor Gonzalez motioned to approve Resolution No. 22-34 of the City Council of the City of Cudahy amending the Classification Plan for City employees, seconded by Council Mayor Lomelí. Motion passed 3-0-2 by the following roll call vote:

AYES: Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Lozoya and Guerrero
ABSTAIN: None
G. Adoption of a Proposed Resolution Superseding and Repealing Resolution No. 21- 42, and Amending the Adopted Fringe Benefits and Salary Plan Establishing Provisions for All Full-time Employees, and Hourly Employees Presented by the Human Resources Manager
Recommendation: The City Council is requested to approve the proposed Resolution No. 22-35, amending the fringe benefits and salary plan establishing provisions for all fulltime employees, hourly employees, and appointed officials and repealing Resolution No. 21-42.

Motion: Vice Mayor Gonzalez motioned to approve the proposed Resolution No. 22-35, amending the fringe benefits and salary plan establishing provisions for all full-time employees, hourly employees, and appointed officials and repealing Resolution No. 21- 42, seconded by Council Mayor Lomelí. Motion passed 3-0-2 by the following roll call vote:

AYES: Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Lozoya and Guerrero
ABSTAIN: None
H. Consideration to Appoint Board Members to City Commissions Presented by the City Clerk
Recommendation: The City Council is requested to consider Re-appointing Board Members to the following City Commissions: Parks and Recreation Commission; Public Safety Commission; Planning Commission; and Aging and Senior Citizens Commission; review and appoint commission applicants to the Parks and Recreation Commission; Public Safety Commission; Planning Commission; and Aging and Senior Citizens Commission; and provide staff with direction regarding any changes to the City’s Commission Board Member appointments.

Motion: Vice Mayor Gonzalez motioned to table item 16H to a future council meeting, seconded by Council Mayor Lomelí. Motion passed 3-0-2 by the following roll call vote:

AYES: Lomelí, Gonzalez, and Alcantar
NOES: None

City Council/Successor Agency Minutes of 06/07/22 Page 9 of 9 ABSENT: Lozoya and Guerrero
ABSTAIN: None

17. COUNCIL DISCUSSION – NONE

18. ADJOURNMENT
Motion: Mayor Alcantar motioned to adopt adjourn the meeting at 7:38 p.m., seconded by Vice Mayor Gonzalez. Motion passed 3-0-2 by the following roll call vote:

AYES: Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Lozoya and Guerrero
ABSTAIN: None

Elizabeth Alcantar
Mayor
ATTEST:

Richard Iglesias
City Clerk

Attachment
B

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STAFF REPORT
Date: July 5, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Consideration to Receive and File City Council Calendar for Fiscal Year 2022-23

RECOMMENDATION
The City Council is requested to receive and file the City Council Calendar, which indicates the Fiscal Year (FY) 2022-23 council meeting dates, draft staff report and attachments due date, draft council agenda packet delivery dates and the City’s designated holidays.

BACKGROUND / ANALYSIS
The City Clerk's Office has created the City Council Calendar as a visual aide to help keep track of upcoming council meetings, deadlines, and holidays that may land on council meeting days.

CONCLUSION
City Council is requested to receive and file the City Council Calendar FY 2022-23.

FINANCIAL IMPACT
No Financial Impact.

ATTACHMENT
A. City Council Calendar for FY 2022-23
Item Number
14B

Cudahy City Council Calendar 2022 to 2023
City Council Meeting Dates
July 5, 2022, through June 20, 2023
Final Draft Staff Reports and Attachments Due Dates
July 8, 2022, through June 13, 2023
Final Council Agenda Packet Draft Emailed to City Council July 12, 2022, through June 26, 2023
City Hall Closed
Every Friday and Designated City Holidays
July 2022

M T W T F S S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
August 2022

M T W T F S S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
September 2022

M T W T F S S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
October 2022

M T W T F S S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 November 2022

M T W T F S S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
December 2022

M T W T F S S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
January 2023

M T W T F S S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
February 2023

M T W T F S S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28
March 2023

M T W T F S S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
April 2023

M T W T F S S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
May 2023

M T W T F S S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
June 2023

M T W T F S S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
Attachment A Page 22 of 66
Designated City Holidays
If a designated holiday from above falls on a Friday or Saturday, the city will observe the holiday on the prior Thursday, and if the holiday falls on a Sunday the City will observe the holiday on the following Monday.

1. New Year's Day - January 1

2. The third Monday in January
(Martin Luther King Jr. Day)

3. The third Monday in February
(Presidents' Day)

4. Cesar Chavez Day (March 31)

5. The last Monday in May
(Memorial Day)

6. Juneteenth (June 19th)

7. Independence Day (July 4th)

8. The first Monday in September
(Labor Day)

9. Veterans Day- Observed on
November 11th

10. Thanksgiving Day

11. Christmas Eve- December 24

12. Christmas Day- December 25

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STAFF REPORT
Date: July 5, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Salvador Lopez Jr., Interim Community Development Director Brian Byun, Of Counsel, BBK Law
Subject: Resolution of public interest and convenience, declaring the city’s intent to sell real property at 5256 Elizabeth Street and 5260 Elizabeth Street (APN 6224-001- 901 and APN 6224-001-902) for the construction of a multifamily residential development

RECOMMENDATION
Staff recommends that the City Council of the City of Cudahy (the “City”):

1. Adopt the Resolution of Public Interest and Convenience No. 22-39, declaring the City’s intent to sell the real property located at 5256 Elizabeth Street and 5260 Elizabeth Street, Cudahy, California with the following Los Angeles County Assessor Parcel Numbers: 6224- 001-901 and 6224-001-902, in order to allow for the development of multifamily residential development (“Project”).

BACKGROUND/PROJECT DESCRIPTION
City has been in negotiations with Camerra Capital, Inc., a California corporation (the “Developer”) regarding the sale and purchase of that certain property commonly known as 5256 and 5260 Elizabeth Street, Cudahy, California with the following Los Angeles County Assessor Parcel Numbers: 6224-001-901 and 6224-001-902 (the “Property”). The Property would be sold by the City by entering into a Purchase and Sale Agreement (“PSA”) with the Developer whereby Developer would develop the property into a multifamily residential development project after purchase.

The Project includes the construction of up to 24 multifamily residential units located on a 40,880 square foot (.94 acre) lot. The zoning of the Property is Medium Density Residential (MDR).

The City declares its intent to convey the Property pursuant to the terms of the PSA (subject to a finding by the Planning Commission that the sale is in conformance with the City’s General Plan), fixes a time for the hearing of any protests to the disposition, provides for publication of Item Number
16A

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the notice of said hearing, and fixes the time for final action on the disposition of the Property and approval of the PSA.

ATTACHMENT
A. Resolution No. 22-39

RESOLUTION NO. 22-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUDAHY,

CALIFORNIA, FINDING THAT THE PUBLIC INTEREST AND CONVENIENCE REQUIRE THE SALE OF CERTAIN REAL PROPERTY (5256 ELIZABETH STREET AND 5260 ELIZABETH STREET), DECLARING ITS INTENT TO SELL

SUCH PROPERTY, FINDING SUCH PROPERTY TO BE EXEMPT FROM THE

SURPLUS LAND ACT, SETTING A HEARING DATE FOR CONSIDERATION

OF PROTESTS, AND FINDING THE SAME CATEGORICALLY EXEMPT FROM

CEQA REVIEW
WHEREAS, the City of Cudahy (“City”) currently owns in fee that certain real property generally located at 5256 Elizabeth Street and 5260 Elizabeth Street, in the City of Cudahy (APNs:
6224-001-901 and 6224-001-902) and legally described in Exhibit “A” attached to this resolution and incorporated by reference herein (the “Property”); and WHEREAS, the City desires to sell the Property by entering into a Purchase and Sale Agreement (“PSA”) with Camerra Capital, Inc., a California corporation (“Purchaser”); and WHEREAS, California Government Code Section 54220 et seq. (the “Surplus Land Act”) was amended in 2019 by Assembly Bill 1486 (“AB 1486”) and requires, among other things, that prior to the disposal of any surplus land, unless an exemption applies, a local agency must provide notice to, among others, affordable housing developers, and thereafter negotiate in good faith for ninety (90) days with any parties who submit a notice of interest; and WHEREAS, the Property is exempt from the Surplus Land Act, as amended by AB 1486, because, pursuant to section 54234(a)(1) of the Surplus Land Act, it was subject to a legally binding agreement between the parties, effective as of a date prior to September 30, 2019; and WHEREAS, California Government Code Sections 37420 through 37430 authorize the City to dispose of property; and
WHEREAS, California Government Code Section 37421 provides that when the legislative body of a city finds that the public interest and convenience require the sale of public buildings and sites, it must adopt a resolution so finding and giving notice of its intention to sell such property; and
WHEREAS, California Government Code Section 37422 provides that such resolution shall fix a time for hearing protests to the property conveyance, provide for publication of notice of the hearing, fix the time when the City will take final action regarding the property conveyance; and contain an accurate description of the property to be conveyed; and WHEREAS, in accordance with Government Code section 65402, the proposed disposition of the Property under the PSA must be and will be presented to the City's Planning Commission ("Planning Commission"), to find that the conveyance of the Property from City to Purchaser is in conformance with the City's general plan; and WHEREAS, in accordance with Government Code section 65402, the Planning Commission shall prepare a report finding that the disposition of real property conforms with the General Plan. Specifically, the Planning Commission shall find that the location, purpose and extent of the City’s disposition of real property conforms with the General Plan. The Planning Attachment A Page 27 of 66
Commission shall render its report as to the conformity with the General Plan within forty (40) days after the matter is submitted to it.

WHEREAS, pursuant to the provisions of the California Environmental Quality Act (Pub.

Resources Code, § 21000 et seq.) (“CEQA”) and the state guidelines for CEQA (Cal. Code Regs., tit. 14, § 15000 et seq.) (“CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documentation for the project Developer is planning for on the Property (the “Project”). In 2018, the City prepared an update to its General Plan and Zoning Code (CMC Title 20) and prepared and certified the associated “Cudahy General Plan Update Environmental Impact Report” (State Clearinghouse No. 2017071071) (hereinafter, the “EIR”).

The EIR was certified by the Cudahy City Council (the “City Council”) on March 20, 2018 and focused on the impacts from changes to land use associated with buildout of the land use plan set forth in the update to the General Plan and impacts from the resulting population and employment growth in the City; and
WHEREAS, the City Council’s 2018 approval of the EIR included approval of that certain EIR exhibit document entitled, “CEQA Findings of Fact and Statement of Overriding Considerations regarding the Final Program Environmental Impact Report for the City of Cudahy General Plan Update” (the “EIR Findings”). The EIR Findings provide requisite CEQA findings for the EIR and identify specific reasons why the update to the General Plan and Zoning Code are acceptable despite significant impacts that are infeasible to mitigate; and WHEREAS, in connection with the approval of the Original Development Agreement, an addendum to the EIR (the “Addendum”) was prepared pursuant to CEQA Guidelines Section 15164 in order to determine whether any significant environmental impacts which were not identified in the EIR would result from the Project or whether previously identified significant impacts would be substantially more severe in connection with the Original Development Agreement; and
WHEREAS, the City Council previously approved Resolution No. 20-32 approving and adopting, inter alia, the Addendum as the appropriate environmental document for the Project, pursuant to the findings set forth therein; and

WHEREAS, the City wishes to declare its intent to dispose of and convey the Property pursuant to the terms of the PSA, declare and find that the Property is exempt from the Surplus Land Act, fix a time for the hearing of any protests to the disposition, provide for publication of the notice of said hearing, and fix the time for final action on the disposition of the Property and approval of the DDA.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Resolution.

Section 2. Pursuant to Resolution No. 18-07, the City Council adopted Environmental Findings of Fact, a Statement of Overriding Considerations, a Mitigation Monitoring and Reporting Program, and certified the EIR prepared for the 2018 General Plan Update.

SECTION 4. Surplus Land Act Findings. The City Council of the City hereby finds and determines that the Property is exempt from the Surplus Land Act, because the Property is the subject of a legally binding agreement, entered into by the parties prior to September 30, 2019, and therefore, pursuant to Government Code section 54234(a)(1), is not subject to the Surplus Land Act, as amended by AB 1486.

SECTION 5. Public Convenience and Necessity Findings. The City Council of the City hereby finds and determines that public convenience and necessity require the sale of the Property. The factors demonstrating that the public convenience and necessity require the sale of the Property include, but are not limited to the following: (i) strengthening the City’s land use and social structure and (ii) alleviating economic and physical blight on the Property.

SECTION 6. Declaration of Intent to Sell; Fixing of Hearing. The City Council of the City hereby declares its intent to sell the Property pursuant to the PSA and fixes July 19, 2022, at 6:30 P.M. or as soon thereafter that the matter can be heard at the City of Cudahy, City Council Chambers, located at 5240 Santa Ana Street, Cudahy, CA 90201, as the date, time and location for hearing any protests to the proposed sale of the Property, approval of the PSA, and as the final action date.

SECTION 7. Publication and Posting. In compliance with California Government Code Section 37423, the City Council of the City hereby directs City staff to publish this resolution at least once in a daily newspaper prior to July 19, 2022, and to post this Resolution for not less than ten (10) days in at least three (3) conspicuous places upon the Property prior to July 19, 2022.

SECTION 8. Notice of Exemption. The City Council hereby directs staff to prepare, execute and file with the Los Angeles County Clerk a Notice of Exemption within five working days of the approval of the PSA.

SECTION 9. Custodian of Documents. The custodian of documents constituting the record of proceedings for this matter is the City Clerk’s Office. The documents constituting the record of proceedings for this matter are located at City Hall at 5220 Santa Ana Street, Cudahy, CA 90201.

SECTION 10. Severability. If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of this Resolution are severable.

SECTION 11. Effective Date. This Resolution shall become effective immediately upon its adoption.

The City Clerk of the City of Cudahy shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 5th day of July 2022. _____________________________________

ELIZABETH ALCANTAR
MAYOR

ATTEST:
________________________________

RICHARD IGLESIAS

CITY CLERK

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF CUDAHY )
I, RICHARD IGLESIAS, City Clerk of the City of CUDAHY, DO HEREBY CERTIFY that foregoing Resolution No. 22-39 was duly passed and adopted by the City Council of the City of Cudahy at their regular meeting held July 5, 2022, by the following roll call vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________________

RICHARD IGLESIAS

CITY CLERK

EXHIBIT “A”
TO
RESOLUTION NO. 22-39

LEGAL DESCRIPTION OF PROPERTY

PARCEL A
Parcel 1:

The West 52.5 feet of Lot 421 of Tract No. 180, in the City of Cudahy, County of Los Angeles, State of California, as per map recorded in Book 13, Page 198, of Maps, in the Office of the County Recorder of said County.

Parcel 2:

An easement for community driveway purposes over the Westerly 7.5 feet of the East 52.5 feet of Lot 421, of Tract No. 180, as recorded in Book 13, Page 198, of Maps.

PARCEL B
Parcel 1:

Lot 421 of Tract No. 180, in the City of Cudahy, County of Los Angeles, State of California, as per map recorded in Book 13, Page 198, of Maps, in the Office of the County Recorder of said County.

Except therefrom the West 52.5 feet of said land.

Parcel 2:

An easement for ingress and egress and community driveway purposes over the East 7.5 feet of the West 52.5 feet of Lot 421, of Tract No. 180, in the City of Cudahy, County of Los Angeles, State of California, as per map recorded in Book 13, Page 198, of Maps, in the Office of the County Recorder of said County.

Assessor's Parcel Number: 6224-001-901 and 6224-001-902

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STAFF REPORT
Date: July 5, 2022
To: Honorable Mayor/Chair and City Council/Successor Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Brian Byun, Of Counsel, BBK Law
William Shepherd, Associate, BBK Law
Salvador Lopez Jr., Interim Community Development Manager Subject: Declaration of surplus property pursuant to Government Code 54220 et. seq. in the City of Cudahy, California, County of Los Angeles, (APNs: 6226-022-904, 6226-022-905, 6226-022-906, 6226-022-907, 6226-022-908, 6226-022-909, 6226-022-910, 6226-022-911)

RECOMMENDATION
Staff recommends that the City Council of the City of Cudahy (the “City”), sitting as Successor Agency to the former Redevelopment Agency of the City of Cudahy (“Successor Agency”):

Find that the declaration of surplus property is exempt from environmental review pursuant to the California Environmental Quality Act; and adopt a resolution declaring that the properties located at 4613 Clara Street, 4615 Clara Street, 7638 Atlantic Ave., 7660 Atlantic Ave., 7644 Atlantic Ave., 7630 Atlantic Ave. (APNs: 6226-022-904, 6226- 022-905, 6226-022-906, 6226-022-907, 6226-022-908, 6226-022-909, 6226-022-910 6226-022-911) are surplus land and are no longer necessary for the Successor Agency’s use, and directing the Executive Director, or their designee, to follow the procedures set forth in the Surplus Land Act, California Government Code Section 54220, et seq., for the sale of surplus land.

BACKGROUND
The Successor Agency to the City’s former Redevelopment Agency owns and controls real property located at 4613 Clara Street, 4615 Clara Street, 7638 Atlantic Ave., 7660 Atlantic Ave., 7644 Atlantic Ave., 7630 Atlantic Ave. (“Property”), which isidentified for sale in its Long Range Property Management Plan as Site Number 6. The 8 contiguous parcels are located within the Commercial Mixed-Use Zone (CMU) Zone. The General Plan Designation is Commercial MixedUse, which is also one of the General Plan’s mixed-use land designations and is located within Item Number
16B

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the Commercial Core Subdistrict of the Atlantic Avenue District. Future development of the Property would further the redevelopment and beautification of Cudahy’s Atlantic Avenue District.

The following map shows the subject parcels.

Effective January 1, 2020, AB 1486 amended the Surplus Land Act, Government Code Section 54220 et seq., which prescribes the process for disposal of surplus land. Although parties have expressed interest in developing this Property, the Successor Agency must first comply with the Surplus Land Act as detailed later in this report.

ANALYSIS – SURPLUS LAND ACT COMPLIANCE:

The California Surplus Land Act requires all local agencies to prioritize affordable housing, as well as parks and open space, when disposing of surplus land. Given that the Property is located in the City’s Atlantic Avenue District and its proximity to other commercial and mixed-use projects, the Property may ultimately be developed as a mixed-use project, or a commercially related land use. Nevertheless, in order to proceed to an eventual sale of the properties, it is necessary to comply with the Surplus Land Act.

New legislation which took effect on January 1, 2020, requires that before a local agency takes any action to dispose of land, the land must be declared either “surplus land” or “exempt surplus land,” as supported by written findings. “Surplus land” means the land owned by a local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use. The City Council, sitting as the Successor Agency, must take formal action declaring the subject CMU
CMU
CMU
HDR 6224-022-907

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Successor Agency-owned property is surplus property. Adoption of the attached Resolution would declare the subject properties as surplus land.

Upon the City Council’s determination that the subject properties are surplus land, the procedures set forth in Government Code Section 54220 et seq. must be followed. Those procedures require the Successor Agency to offer the sale or lease of surplus land to certain entities for a period of 60 days by transmitting a written notice of availability to those entities, including:

1. For the purpose of developing low- and moderate-income housing, a written notice of availability of the surplus land shall be sent to any “local public entity” as defined in Health and Safety Code 50079 within whose jurisdiction the surplus land is located and to “Housing Sponsors” that have notified the California Department of Housing and Community Development (HCD) of their interest in surplus land.

2. For open space purposes, a written notice of availability of the surplus land shall be sent to the park or recreation departments of the city and the county in which the land is located, to any regional park authority having jurisdiction within the area in which the land is located, and to the State Resources Agency or any successor agency.

3. For the purpose of use by a school district for school facilities construction or open space purposes, a written notice of availability of surplus land shall be sent to the Cudahy Unified School District.

4. For the purpose of developing property located within an infill opportunity zone designated pursuant to Government Code Section 65088.4 or within an area covered by a transit village plan adopted pursuant to the Transit Village Development Planning Act of 1994 (Article 8.5 (commencing with Government Code Section 65460) of Chapter 3 of Division 1 of Title 7) shall be sent to any county, city, city and county, successor agency to a former redevelopment agency, public transportation agency, or housing authority within whose jurisdiction the surplus land is located.

If the Successor Agency receives correspondence expressing interest from any of the above entities after transmitting a written notice of availability, the Successor Agency is required to enter into good faith negotiations concerning the price and terms of the sale with that entity for a period of 90 days. If the price and terms cannot be agreed upon after 90 days (or if no entity gives notice of interest), the Successor Agency may sell the surplus land without further regard to most, but not all, of the surplus land procedures. (See California Department of Housing and Community Development Surplus Land Act Guidelines, Section 202(c); see also Government Code section 54233.)

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ENVIRONMENTAL ANALYSIS:

The action is exempt from environmental review pursuant to the California Environmental Quality Act (Pub. Resources Code, § 2100 et seq.) and State CEQA Guidelines (Cal. Code Regs.

Tit. 14, §15312) which applies to the declaration and sale of surplus government property.

FISCAL IMPACT
There would be no fiscal impact related to this item.

ATTACHMENT
A. Resolution No. SA22-02
B. Form of Notice of Availability

55733.00001\40201579.1
RESOLUTION NO. SA 22-02

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUDAHY,

SITTING AS THE SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF CUDAHY, CALIFORNIA, DECLARING PROPERTY LOCATED AT 4613 CLARA STREET, 4615 CLARA STREET, 7638 ATLANTIC AVE., 7660 ATLANTIC AVE., 7644 ATLANTIC AVE., 7630 ATLANTIC AVE. (APNS: 6226-022-904, 6226-022-905, 6226-022-906, 6226-022-907, 6226-022-908, 6226-022-909, 6226-022-910 6226-022-911) AS NONEXEMPT SURPLUS LAND; APPROVING THE FORM OF NOTICE OF AVAILABILITY; DIRECTING THE EXECUTIVE DIRECTOR TO COMPLY

WITH THE REQUIREMENTS OF THE SURPLUS LAND ACT, GOVERNMENT CODE, SECTION 54220 ET SEQ.; AND FINDING THE ACTION EXEMPT

FROM CEQA
WHEREAS, the former Cudahy Redevelopment Agency (“Agency”) was a community redevelopment agency organized and existing under the California Redevelopment Law; WHEREAS, the Agency was dissolved effective February 1, 2012, by way of Assembly Bill 1x26 (as subsequently amended from time to time, the “Dissolution Act”) and the California Supreme Court’s decision in California Redevelopment Association v. Matosantos (2011) 53 Cal.4th 231; WHEREAS, the Dissolution Act created a “successor agency” for each dissolved redevelopment agency, and charged such agencies with completing various tasks and obligations geared towards “winding down” the affairs of their respective redevelopment agency; WHEREAS, the Dissolution Act created an “oversight board” for each successor agency, and charged such boards with overseeing, reviewing, and approving enumerated successor agency actions; WHEREAS, upon dissolution of the Agency, all real property assets of the former Agency were transferred to the Successor Agency for management and disposition in accordance with the Dissolution Act;
WHEREAS, the Successor Agency was required to prepare a Long Range Property Management Plan (“LRPMP”) to address the disposition and use of all real property assets of the former Agency, and to submit an Oversight Board-approved LRPMP to the Department of Finance (Health & Safety Code § 34191.4.);
WHEREAS, the Cudahy Oversight Board (“Oversight Board”) has heretofore approved the Successor Agency’s LRPMP and the Department of Finance subsequently approved the Successor Agency’s LRPMP in October, 2018.

WHEREAS, the Successor Agency owns that certain 1.66-acre property, located at 4613 Clara Street, 4615 Clara Street, 7638 Atlantic Ave., 7660 Atlantic Ave., 7644 Atlantic Ave., 7630 Atlantic Ave. (APNs: 6226-022-904, 6226-022-905, 6226-022-906, 6226-022-907, 6226-022-908, 6226-022- 909, 6226-022-910 6226-022-911), which is more particularly depicted at Exhibit A (the “Property”) and such Property is identified for sale in the LRPMP as Site Number 6; and Attachment A Page 37 of 66
55733.00001\40201579.1
WHEREAS, the Property is in the Commercial Mixed Use Zone and is currently occupied by a mixture of land uses and vacant lots, including an operating motel and a commmercial strip center; and WHEREAS, the Property is “surplus land” because it is not necessary for the Successor Agency’s use and none of the statutory exemptions set forth under Government Code Section 54221(f)(1) are applicable, and therefore the Property and disposition thereof are subject to the Surplus Land Act (Government Code Section 54220 et seq.) (the “Act”).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA,

SITTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF CUDAHY HEREBY RESOLVES AS FOLLOWS:

Section 1. The above recitals are true and correct and are incorporated herein by this reference.

Section 2. The Successor Agency finds that the Property is “surplus land” because it is not necessary for the Successor Agency’s use, as defined under the Act, Section 54221(c), and does not qualify as “exempt surplus land” under the Act, Section 54221(f).

Section 3. The Successor Agency approves the form of Notice of Availability, attached hereto as Exhibit B (the “Notice”), and authorizes the Executive Director or designee to comply with the requirements of the Act, to issue the Notice to those statutorily entitled to receive it (Section 54222), and to negotiate in good faith with those entities, if any, who submit qualified Notices of Interest (Sections 54222.5 and 54223).

Section 4. The action authorized by this Resolution does not authorize or approve the actual disposition or sale of the Property. Thus, this action does not commit the Successor Agency to any future action, nor does this action approve a particular project, or grant any specific approval that would have a direct or reasonably foreseeable indirect environmental impact pursuant to the California Environmental Quality Act (“CEQA”). (See 14 California Code of Regulations Sections15060(c); 15378(b).) As such, the mere declaration of surplus land and authorization to proceed under the Act do not constitute the approval of a “project” under CEQA, and no further action under CEQA is required.

Section 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

Section 6. Effective Date. This Resolution shall become effective immediately.

The City Clerk of the City of Cudahy sitting as the Successor Agency to the former Redevelopment Agency of the City of Cudahy shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 5th day of July, 2022. _____________________________________
Elizabeth Alcantar
Chair of the Successor Agency to the Former Cudahy
Redevelopment Agency

55733.00001\40201579.1
ATTEST:
________________________________
Richard Iglesias
Secretary to the Successor Agency

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF CUDAHY )
I, RICHARD IGLESIAS, City Clerk of the City of CUDAHY sitting as the SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CUDAHY, DO HEREBY CERTIFY that foregoing Resolution No. SA22- 02 was duly passed and adopted by the City Council of the City of Cudahy at their regular meeting held July 5, 2022, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________
Richard Iglesias
Secretary to the Successor Agency

55733.00001\40201579.1

EXHIBIT A

DEPICTION OF THE PROPERTY
CMU
CMU
CMU
HDR
62266224-022-907 -022-907

55733.00001\40201579.1

EXHIBIT B

FORM OF NOTICE OF AVAILABILITY

55733.00001\40201586.1
[DATE], 2022

NOTICE OF AVAILABILITY OF SURPLUS LAND
TO: Whom It May Concern (Via Electronic Mail)
RE: Notice of Availability of Surplus Land in the City of Cudahy, Pursuant to California Government Code Section 54220 et seq. (the “Surplus Land Act”)
Pursuant to the provisions of the Surplus Land Act (California Government Code Section 54220 et seq.) (the “Act”), the Successor Agency to the former Cudahy Redevelopment Agency (“Successor Agency”) hereby notifies those entities designated in Section 54222 of the Act of the availability for lease or purchase of the Successor Agency-owned land identified in Exhibit 1 attached hereto and incorporated herein by reference (the “Development Site”), for the purposes authorized in the Act, which land the Successor Agency has declared surplus by Resolution No. 22-XX, dated July 5, 2022, prior to the disposition of the Development Site by the Successor Agency consistent with the Act and the Successor Agency’s policies or procedures.

The Development Site is located at the northeast corner of Atlantic Ave. and Clara Street within the City of Cudahy and consists of eight contiguous parcels totaling 72,532 square feet. Of the 8 parcels, none are currently occupied by residential tenants. Parcels 6226- 022-904, 6226-022-905, 6226-022-906, 6226-022-907, and 6226-022-9011 are vacant.

Parcels 6226-022-908 and 6226-022-909 contain a motel. Parcel 6226-022-9010 contains a commercial strip center. The approximate size of each parcel is as follows: APN 6226- 022-904 – 8,649 sq. ft.; APN 6226-022-905 – 7,341 sq. ft.; APN 6226-022-906 – 8,456 sq. ft.; APN 6226-022-907 – 1,464 sq. ft.; APN 6226-022-908 – 10, 454 sq. ft.; APN 6226-022-909 – 19,566 sq. ft.; APN 6226-022-910 – 11,684 sq. ft.; APN 6226-022-911 – 4,915 sq. ft. All parcels are located in the Commercial Mixed Use Zone. Ideally, the Successor Agency desires to establish a long-term, fair market value ground lease or sale (as determined by an appraisal) of the Development Site. However, the Successor Agency is willing to consider alternatives.

If you have any questions regarding the Development Site, you may contact the Successor Agency’s representative, Salvador Lopez, at the telephone number or email address listed below or by responding to the cover email accompanying this transmittal.

In accordance with Government Code Section 54222, if interested in purchasing or leasing the property for an authorized purpose under the Act, you must notify the Successor Agency in writing of your interest in purchasing or leasing the property within 60 days of the date of this Notice of Availability. However, this offer shall not obligate the Successor Agency to sell the property to you. Instead, the Successor Agency would enter into at least ninety (90) days of negotiations with you pursuant to Government Code Section 54223. If no agreement is reached on sales price and terms, or lease terms, the Attachment B Page 42 of 66
55733.00001\40201586.1
Successor Agency may market the property to the general public. As required by Government Code Section 54227, if the Successor Agency receives more than one letter of interest during this 60 day period, it will give first priority to entities proposing to develop housing where at least 25 percent of the units will be affordable to lower income households. If more than one such proposal is received, priority will be given to the proposal with the greatest number of affordable units. If more than one proposal specifies the same number of affordable units, priority will be given to the proposal that has the lowest average affordability level.

Written notices of interest must be sent, if at all, to, and must be received by, [DATE], 2022, within said 60-day period at the following address. The receipt of an email or notice by certified mail by way of the United States Postal Service is acceptable. If by certified mail, we suggest that you send it via certified mail with return receipt requested.

Please send written notices of interest to:

Salvador Lopez Jr.

Interim Community Development Director
City of Cudahy
5220 Santa Ana St., Cudahy, CA 90201
(323) 773-5143 ext. 242 [email protected]
Entities proposing to submit a letter of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220-54234).

55733.00001\40201586.1
EXHIBIT 1
[DEPICTION OF DEVELOPMENT SITE]

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
07/05/2022 Page 1 of 2

STAFF REPORT
Date: July 5, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager
By: City Clerk’s Office
Subject: Adoption of Proposed Ordinance Amending Section 20 (Appointment, Reappointment, and Removal) of Chapter 2.32 (City Commissioners) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code

RECOMMENDATION
The City Council is requested to approve an Ordinance by first reading, amending Section 20 of Chapter 2.32 (City Commissioners) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code.

BACKGROUND/ANALYSIS
On September 7, 1976, the City Council passed Ordinance No. 213 establishing the qualifications and terms for Commissions in the City. On July 18, 1988, the City Council adopted Ordinance No. 395, amending the qualifications regarding Commission membership for all City Commissions. On October 4, 1993, the City Council adopted Ordinance No. 482, amending the term for City Commissioners. On April 5, 2022, the City Council adopted Ordinance No. 719, amending the City Commissioners qualifications and terms for Commissions for the City.

City Commissioners provide a valuable service to the City by advising the City Council on numerous issues. In an effort to avoid any potential conflicts of interest of Commissioners which would lead to a recusal, the City Council wishes to update the guidelines for Commissioners and prevent any Commissioner involvement with any nonprofit sponsored by the City.

Item Number
16C

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CONCLUSION
Based on the foregoing, staff recommends that the City Council approve Ordinance No. 723, amending Section 20 (Appointment, Reappointment, and Removal) of Chapter 2.32 (City Commissioners) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code.

FINANCIAL IMPACT
There are no financial impacts anticipated by this requested action.

ATTACHMENT
A. Ordinance No. 723

ORDINANCE NO. 723

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUDAHY AMENDING SECTION 20 (APPOINTMENT,
REAPPOINTMENT AND REMOVAL) OF CHAPTER 2.32
(CITY COMMISSIONERS) OF TITLE 2 (ADMINISTRATION

AND PERSONNEL) OF THE CUDAHY MUNICIPAL CODE
WHEREAS, on September 7, 1976, the City Council for the City of Cudahy (“City Council”) adopted Ordinance No. 213 establishing the qualifications and terms for Commissions in the City of Cudahy (“City”); and
WHEREAS, on July 18, 1988, the City Council adopted Ordinance No. 395, amending the qualifications regarding Commission membership for all City Commissions; and
WHEREAS, on October 4, 1993, the City Council adopted Ordinance No. 482, amending the term for City Commissioners; and
WHEREAS, on April 5, 2022, the City Council adopted Ordinance No. 719, amending the City Commissioners qualifications and terms for Commissions for the City; and
WHEREAS, City Commissioners provide a valuable service to the City by advising the City Council on numerous issues; and
WHEREAS, the City Council wishes to update the Cudahy Municipal Code (“Municipal Code”) to ensure there are no conflicts of interest with the Commissioners participation in advisory decisions of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY DOES ORDAIN AS FOLLOWS:

Section 1. The facts set forth in the recitals above are true and correct.

Section 2. Section 20 (Appointment, Reappointment and Removal) of Chapter

2.32 (City Commissioners) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code is hereby amended in its entirety to read as follows:
“2.32.020 Appointment, Reappointment, and Removal
Each member of the City Council shall have authority to appoint one (1) member to each Commission. Each Councilmember shall appoint their Commissioner within thirty (30) days of assuming office or from a vacancy occurring for said Commission. If no appointment is made within sixty (60) days after assumption of office of the appointing Councilmember, the City Council shall appoint a Commissioner to the vacant seat by a Attachment A Page 47 of 66
Ordinance No. 723

majority vote.

Each Commissioner shall serve on only one (1) Commission at a time, occupation of two or more commission seats at one time will disqualify the individual from all Commissions.

No Commissioner shall serve on the board of any nonprofit sponsored by the City while occupying a Commissioner seat, failure to recuse themselves from the board of a City sponsored nonprofit will disqualify the individual from the Commission.

Commission members may be removed from their appointment due to disqualification as provided in this Chapter or upon the sole decision by the Councilmember who appointed said Commissioner. All appointments and removals of Commissioners shall occur during an open meeting of the City Council. If removal of a Commissioner occurs, the City Clerk shall send notice to that Commissioner at the last address on file with the City.”
Section 3. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15601(b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment.

Section 4. Inconsistent Provisions. Any provision of the Cudahy Municipal Code, or appendices thereto, that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.

Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.

Section 6. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Cudahy Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.

Section 7. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption.

This Ordinance shall become effective thirty (30) days after adoption.

Ordinance No. 723

PASSED, APPROVED and ADOPTED by the City Council of the City of Cudahy this XX day of XXXXXX 2022.
________________________________
Elizabeth Alcantar
Mayor
ATTEST:
_________________________________
Richard Iglesias
City Clerk

Ordinance No. 723

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. 723 was introduced for a first reading on the ___ day of ______ 2022 and approved for a second reading and adopted by said Council at its regular meeting held on the ___ day of ____ 2022 by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

________________________________
Richard Iglesias
City Clerk

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
07/05/2022 Page 1 of 2

STAFF REPORT
Date: July 5, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager
By: City Clerk’s Office
Subject: Adoption of Proposed Resolution No. 22-40 Establishing the Objectives and Policies for the Planning Commission

RECOMMENDATION
The City Council is requested to adopt proposed Resolution No. 22-40 establishing the objectives and policies for the Planning Commission.

BACKGROUND/ANALYSIS
On September 7, 1982, the City Council adopted Ordinance No. 290 establishing the Planning Commission in the City, organization of the Planning Commission has since been amended by Ordinance No. 486 in 1993, Ordinance No. 490 in 1994, Ordinance No. 578 in 2002, and most recently by Ordinance No. 719 in April 2022.

Planning Commissioners provide a valuable service to the City by advising the City Council on numerous planning issues. The City Council wishes to establish the objectives and policies for the Planning Commission, once passed and established the City Council will be able to review applications for Commissioners and appoint Commissioners to fill the empty seats.

CONCLUSION
Based on the foregoing, staff recommends that the City Council adopt proposed Resolution No. 22-40 establishing the objectives and policies for the Planning Commission.

Item Number
16D

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FINANCIAL IMPACT
There are no financial impacts anticipated by this requested action.

ATTACHMENT
A. Resolution No. 22-40

1 RESOLUTION NO. 22-40

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA ESTABLISHING THE

OBJECTIVES AND POLICIES FOR THE PLANNING

COMMISSION
WHEREAS, on April 5, 2022, the City of Cudahy (“City”) adopted Ordinance No. 719, amending Chapter 2.32 (City Commissioners) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code (“Municipal Code”); and WHEREAS, on May 17, 2022, the City adopted Ordinance No. 722 amending Chapter 2.36 (Planning Commission) to coincide with the recently implanted Ordinance No. 719.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:

SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference.

SECTION 2. The Cudahy City Council hereby repeals all previous resolutions regarding the composure of the Planning Commission and adopts the following City of Cudahy Planning Commission Objectives and Rules:
“CITY OF CUDAHY

PLANNING COMMISSION OBJECTIVES AND POLICIES
I. Purpose
The Cudahy Planning Commission (“Planning Commission”) is established pursuant to Ordinance No. 722.

II. Qualifications
Planning Commissioners shall meet the qualifications set forth for all Commissioners in Chapter 2.32 of the Cudahy Municipal Code.

III. Appointment and Removal
Planning Commissioners shall be appointed and removed pursuant to Chapter

2.32 of the Cudahy Municipal Code.

IV. Organization
The Planning Commission shall elect its chairperson and vice chairperson from among its members for a term of one year and, subject to other provisions of law, may create and fill such other offices within its membership as it may determine Attachment A Page 53 of 66
2 are necessary and convenient. Such officers shall hold their respective positions and status at the pleasure of a majority of the Commission.

The Community Development Director will serve as the staff liaison. The City Clerk’s office will serve as the secretary for the Planning Commission.

V. Absences
All Planning Commissioners must abide by the “Absences” section of Chapter 2.32 of the Cudahy Municipal Code.

VI. Vacancies
All Planning Commissioners must abide by the “Vacancy” section of Chapter 2.32 of the Cudahy Municipal Code.

VII. Rules and Regulations
All Planning Commissioners must abide by the “Code of Conduct” section of Chapter 2.32 of the Cudahy Municipal Code.

The Planning Commission may pass resolutions adding rules in addition to Chapter 2.32 of the Cudahy Municipal Code but cannot remove any requirement from said chapter.

VIII. Meetings
Planning Commission meetings shall be held on the third Monday of each month.

Meetings will start promptly at 6:30 PM.

Minutes for each meeting shall be made available for inspection approximately thirty (30) days after each meeting at the next scheduled meeting.

IX. Youth Appointee
The Planning Commission will have up to two (2) Youth Appointees, appointed by a majority of the Commissioners. The Youth Appointee will not have any voting rights or count towards the quorum. The Youth Appointee will participate in meetings providing feedback and insight to the Planning Commission.

X. Compensation
Members of the Planning Commission shall be paid fifty-five dollars ($55) per regularly scheduled monthly meeting, and the Chairman shall be paid sixty-five dollars ($65) per regularly scheduled monthly meeting.”

3 SECTION 3. This Resolution shall take effect immediately upon adoption. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this 5th day of July 2022.
______________________________
Elizabeth Alcantar
Mayor
ATTEST:
____________________________
Richard Iglesias
City Clerk

4 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 22-40 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 5th day of July 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Richard Iglesias
City Clerk

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
07/05/2022 Page 1 of 2

STAFF REPORT
Date: July 5, 2022
To: Honorable Mayor and City Council
From: Alfonso Noyola, City Manager
By: City Attorney
Subject: Consideration to Adopt a Proposed Urgency Ordinance of the City Council of the City of Cudahy Establishing an Interim Prohibition on Residential Rent Increases and Creating an Ad Hoc Rent Control City Council Subcommittee

RECOMMENDATION
It is staff’s recommendation that the City Council take one of the following actions:

1. Adopt Urgency Ordinance No. 724 establishing a temporary prohibition on residential rent increases for a period of 90 days with the ability to extend further; or

2. Take no further action, and receive and file this report.

BACKGROUND/DISCUSSION
Staff was requested to prepare an urgency ordinance temporarily freezing residential rent increases and creating an ad hoc City Council subcommittee focusing on the issue, for discussion by the City Council. It is anticipated that during the prescribed 90-day moratorium period freezing residential rental rate increases in the City, the Ad Hoc Rent Control subcommittee can study the relevant issues pertaining to housing and rent control and make recommendations to the full City Council.

Los Angeles County currently has a Covid-19 Tenant Protections Resolution that was extended until the end of 2022. This resolution applies to all cities and unincorporated areas in the County. However, the rent increase freeze under the County resolution only applies to rent stabilized units and mobilehome spaces in unincorporated areas of the County. Under State rent control law, landlords are permitted to increase rent by five (5) percent of the base rent plus the current CPI (Consumer Price Index), totaling no more than a 10 percent rate increase.

The urgency ordinance contains a petition process for landlords to undertake should they seek Item Number
16E

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a residential rental rate increase during the 90-day moratorium period. A landlord may file a petition with the City’s Community Development Department if they contend that the moratorium will prevent them from receiving a fair and reasonable return with respect to the residential rental units they lease out. The tenant(s) shall be provided a copy of the petition and notice of the scheduled hearing before the City’s Hearing Officer. The tenant(s) and landlord can testify at the hearing, with a written decision subsequently issued. Parties can have the Hearing Officer’s written decision reviewed by the Superior Court.

If the temporary rent freeze is not imposed, vulnerable residents who are already rent burdened and struggling with high housing costs may be subjected to immediate rent increases at maximum allowable levels before the City Council could consider and adopt a comprehensive and permanent rent control ordinance.

Should the City Council adopt this urgency ordinance by a four-fifths vote as required pursuant to Government Code Section 36937(b), it will become effective immediately for a period of 90 days, expiring on September 3, 2022 by its terms, unless extended by City Council action.

CONCLUSION
The urgency ordinance temporarily prohibits residential rent increases for 90 days, as may be extended, to prevent exacerbating hardship and potential displacement for vulnerable households in the City, which could result from rent increases imposed before the possible enactment of a rent control ordinance. During the interim period, City staff will further study and analyze possible rent control and tenant protection programs in comparable jurisdictions, rental market analysis, program administration, staffing and costs, and work with the Ad Hoc committee to prepare a draft rent control ordinance for future consideration by the full City Council.

FINANCIAL IMPACT
Not applicable.

ATTACHMENT
A. Urgency Ordinance No. 724

1 URGENCY ORDINANCE NO. 724

AN UNCODIFIED URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA

ESTABLISHING AN INTERIM PROHIBITION OF RENT

INCREASES ON CERTAIN RESIDENTIAL PROPERTIES
FOR NINETY (90) DAYS WITH THE ABILITY TO EXTEND

FURTHER AND CREATING THE AD HOC RENT CONTROL

COMMITTEE TO STUDY THE ISSUE OF RENT CONTROL
WHEREAS, the City of Cudahy (“the City”) is a general law city, incorporated under the laws of the State of California; and
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries that promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws; and WHEREAS, rents throughout Los Angeles County are continuing to rise despite the State’s Tenant Protection Act of 2019 (Tenant Protection Act), and as housing costs rise, many local residents continue to struggle with a decrease in affordability, housing insecurity, and potential homelessness, particularly low-income households and those persons who continue to be negatively impacted by the ongoing COVID-19 pandemic; and
WHEREAS, Los Angeles County and the cities within the County are experiencing a housing affordability crisis, which is driving homelessness and displacement of residents; and
WHEREAS, many of the City’s renters are rent-burdened, paying over 30 percent of their income on rent, and some renters are severely rent-burdened, paying over 50 percent of their income on rent, which leaves less money for families to spend on other necessitates like food, healthcare, transportation, and education; and WHEREAS, housing displacement due to rent increases hinders residents from weathering and surviving through the ongoing COVID-19 pandemic, including waves of infection, by preventing individuals from isolating as necessary at home due to infection or exposure; and
WHEREAS, there is an urgent need for the City to enact a temporary moratorium on rent increases to protect the health, safety, and welfare of its residents in light of the ongoing COVID-19 pandemic, including the need to keep residents in their homes to isolate or shelter-in-place as necessary; and
WHEREAS, pandemic-related tenant protections under the County of Los Angeles and State of California are gradually phasing out; and
Attachment A Page 59 of 66
2 WHEREAS, current State law allows increasing annual rent five percent (5%) plus the consumer price index (CPI), up to a maximum of ten percent (10%) for properties subject to the Tenant Protection Act of 2019; and
WHEREAS, the median monthly asking rent in the U.S. rose fifteen percent (15%) year over year in May 2022 while the Los Angeles-area median asking rent of $3,400 had risen 9.6%, according to real estate firm Redfin.

WHEREAS, this urgency interim ordinance is intended to temporarily prohibit rent increases to protect tenants from rising rent costs while the City further considers and develops a permanent rent control program; and
WHEREAS, failure to adopt this temporary ordinance may subject renters to economic hardship and potential displacement that may lead to homelessness to the detriment of the public health, safety and welfare; and WHEREAS, the City Council desires to create the Rent Control Ad Hoc Committee to analyze and study the issue of rent control and to advise and make recommendation(s) to the City Council on legislation in regards thereto; and WHEREAS, the Ralph M. Brown Act (Gov. Code, § 54950 et seq.) generally applies to meetings among a majority of the members of a legislative body when the subject relates to local agency business, however, meetings of temporary advisory, or ad hoc, committees, such as the Rent Control Ad Hoc Committee, as distinguished from standing committees with ongoing jurisdiction, made up solely of less than a quorum of a legislative body are not subject to the Brown Act; and
WHEREAS, the City Council intends that the Rent Control Ad Hoc Committee approved for creation as of July 5, 2022 will be of a temporary duration to formulate a recommendation for full City Council consideration; and WHEREAS, Government Code Sections 36934 and 36937 authorize the City to adopt an urgency ordinance for the immediate preservation of the public peace, health and safety, provided that such urgency ordinance is passed by a four-fifths vote of the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The recitals above are true and correct and incorporated herein by reference.

SECTION 2. Findings. Based on the findings set forth in the Recitals, the City Council finds and declares this interim ordinance to be necessary for the immediate preservation of the public health, safety and welfare and upon that basis has determined that an urgency measure, pursuant to Government Code Section 36937(b) is warranted and shall take effect immediately upon adoption by a fourth-fifths vote of the City Council.

3 SECTION 3. Definitions. For the purposes of this interim ordinance, the following definitions shall apply:

A. “Base Rent” means the monthly Rent that was in effect on July 5, 2022.

B. “Covered Rental Unit(s)” means any Rental Unit except for:
a. A dwelling unit which is alienable separate from the title to any other dwelling unit, or which is a subdivided interest in a subdivision, as specified in subdivision (b), (d), or (f) of Section 11004.5 of the Business and Professions Code;
b. A dwelling unit for which a certificate of occupancy was issued after February 1, 1995; or
c. Any other dwelling unit exempt from the Costa-Hawkins Rental Housing Act (California Civil Code Section 1954.52) or any other applicable state or federal law.

C. “Hearing Officer” means the person designated by the City Manager to conduct a review hearing under Section 7 of this interim ordinance. The Hearing Officer shall not be the enforcement officer that investigated the matter under Section 7 of this interim ordinance that is the subject of the administrative hearing or the immediate supervisor of that enforcement officer.

D. “Housing Services” means all services provided by the Landlord related to the use or occupancy of a Covered Rental Unit, including but not limited to, insurance, repairs, replacement, maintenance, painting, utilities, heat, water, elevator service, laundry facilities, recreational areas and/or pools, janitorial service, refuse removal, furnishings, parking, storage, and security services.

E. “Landlord” means an owner, lessor, or sublessor who receives or is entitled to receive Rent of the use and occupancy of any Covered Rental Unit or Rental Unit or portion thereof, and the representative, agent, or successor of such owner, lessor, or sublessor. For purposes of this interim ordinance, a Landlord does not include an individual whose primary residence is the same Covered Rental Unit as the Tenant.

F. “Protection Period” means the time period commencing on the effective date of this Urgency Ordinance and shall terminate ninety (90) days thereafter on September 3, 2022, unless further extended or repealed by action of the City Council.

G. “Rent(s)” is the sum of all periodic payments and all nonmonetary consideration demanded or received by a Landlord from a Tenant for the use or occupancy of a Covered Rental Unit, including tenant’s access to and use of Housing Services. Rent includes without limitation, the fair market value of goods accepted, labor performed, or services rendered.

H. “Responsible Person” is a person responsible for, or alleged to be responsible for, a violation of this interim ordinance.

I. “Tenant” means a person entitled, by written or oral agreement, or by sufferance, to the use or occupancy of any Covered Rental Unit or Rental Unit.

J. “Rental Unit(s)” means any dwelling units as defined in California Civil Code section 1940, subsection (c), including joint living and work quarters used or

4 occupied in consideration of payment of Rent. This definition applies to any dwelling space that is actually used for residential purposes, whether or not the residential use is legally permitted, including live-work spaces, mobile homes rented by the owner of a mobile home to a Tenant, and accessory dwelling units. For purposes of compliance with this interim ordinance, Rental Unit does not mean any dwelling unit in which the Landlord or any member of his/her immediate family occupies one of the dwelling units on the property containing the Rental Unit and it is necessary for the Landlord or any member of his/her immediate family to use either a bathroom or kitchen facility common with the tenant.

SECTION 4. Rent Increases Temporarily Prohibited. As of the effective date of this Interim Ordinance, and through the Protection Period, a residential Landlord in the City of Cudahy shall not increase Rent for a Covered Rental Unit occupied by an existing Tenant whose tenancy began before or on July 5, 2022. A decrease in Housing Services is considered an increase in Rent. This Interim Ordinance does not regulate the initial Rent at which a unit is offered.

SECTION 5. Exceptions and Exemptions. The following are exempt from this Interim Ordinance:

A. Accommodations in motels, hotels, inns, tourist houses, rooming houses, and boarding houses, provided that such accommodations are not occupied by the same tenant for thirty (30) or more days;
B. Commercial units; and
C. Housing accommodation in any hospital, convent, monastery, extended care facility, convalescent home, nonprofit home for the aged, or dormitory operated by an educational institution.

SECTION 6. Enforcement. In any action by a Landlord to recover possession of a Covered Rental Unit, the Tenant may raise as an affirmative defense any violation or noncompliance with the provisions of this Interim Ordinance.

SECTION 7. Petition for Relief.

A. Petition Process. If a Landlord desires to increase the rent for a Covered Rental Unit during the Protection Period and the Landlord contends that the prohibition on Rent increases in Section 4 will prevent the Landlord from receiving a fair and reasonable return with respect to the operation of the property containing the Covered Rental Unit, the Landlord may file a petition with the Community Development Department by requesting a hearing, which will be heard by a Hearing Officer appointed by the City Manager. The Landlord shall mail a copy of the petition by first class mail, postage prepaid, to all Tenants whose Rents are the subject of the petition within five (5) calendar days after the date the petition is filed. Within ten (10) calendar days after the date the petition is filed, the Landlord shall file a proof of service signed under penalty of perjury stating that a copy of the petition was mailed to all such Tenants. The petition shall

5 include a statement indicating the basis on which the Landlord contends that the limitations of this Interim Ordinance on Rent increases will prevent the Landlord from receiving a fair and reasonable return, together with any evidence that the Landlord wants the Hearing Officer to consider. The Landlord shall bear the burden of proving by a preponderance of the evidence at the hearing that because of the implementation of this interim ordinance, the Landlord is unable to obtain a fair and reasonable return.

B. Hearing Process.
a. A hearing before the Hearing Officer shall be set for a date no sooner than fifteen (15) days and no later than sixty (60) days after receipt of the request and proof of service on any request complying with the requirements of this Section 7, unless the Hearing Officer determines that good cause exists for an extension of time. The Hearing Officer shall send written notice to the Landlord and the Tenant of the date, time, and place set for the hearing. Upon receipt, the Landlord shall post such notice in a conspicuous place at the affected property including the Covered Rental Units that are the subject of the petition.

Such notice shall be placed on a written instrument that is at least eleven (11) inches in width and seventeen (17) inches in length and shall be placed not less than four (4) feet above ground level in the common area, at the entry or entries to the building or units, or other similar location or locations as necessary to provide Tenants a reasonable opportunity to view the notice and be advised of the hearing. Within five (5) calendar days of receipt of the notice of hearing, the Landlord shall personally deliver a copy of the notice to each Tenant in the affected Covered Rental Units.
b. At the hearing the Landlord shall be given the opportunity to testify, call witnesses, and to present evidence concerning the petition. The Hearing Officer shall then hear testimony from the Tenants in the affected Covered Rental Units. The Hearing Officer may continue the hearing and request additional information from the Landlord or Tenant before issuing a written decision. The Hearing Officer shall have the power to issue orders to keep order and decorum during the hearing.

All hearings conducted by the Hearing Officer shall be open to the public.
c. The Hearing Officer may, in his or her discretion, grant a continuance of the hearing date upon a request and a showing of good cause by the Landlord or Tenant. The request must be made in writing and be received by the Hearing Officer at least five (5) business days prior to the hearing date. In the instance of a Landlord's continuance request, the Landlord must personally deliver a copy of the request to the affected Tenant(s). In the instance of a Tenant's continuance request, the Tenant must personally deliver a copy of the request to the Landlord. In no event shall the continuance be longer than fifteen (15) calendar days from the originally scheduled hearing date.

6 d. The cost of the hearing, including but not limited to a Hearing Officer’s fee, shall be borne by the petitioner.

C. Evaluation of Petitions. In evaluating the petitions from a Landlord or Tenant, the Hearing Officer shall consider all relevant factors that may potentially impact a Landlord's ability to obtain a fair and reasonable return and shall consider the basis for the calculation of any increase in Rent. Relevant factors may include, but are not limited to, changes in costs to the Landlord attributable to increased utility rates, trash collection rates, property taxes, insurance, advertising, variable mortgage interest rates, governmental assessments and fees, incidental services, employee costs, normal repair, maintenance, upgrading and addition of amenities or services, rent rolls, financial statements, expert analysis, and relevant studies.

D. Hearing Office Decision. After considering all the testimony and evidence submitted at the hearing, within twenty (20) calendar days after the conclusion of the hearing, the Hearing Officer shall issue a written decision denying, affirming or modifying the petition and shall adopt written findings in support of that decision. The written decision shall be served by first-class mail, postage prepaid on the Landlord and any Tenants in the affected Covered Rental Unit.

The Hearing Officer's decision shall be final.

E. Judicial Review of Hearing Officer Decision. Any person directly aggrieved by an administrative decision of a Hearing Officer pertaining to a Petition for Relief from this interim Urgency Ordinance may seek judicial review in the Superior Court pursuant to Government Code Section 53069.4 and/or Code of Civil Procedure Sections 1094.5 and 1094.6.

F. Timing of Petitions and Hearing. Any petition that is timely filed before the expiration of this interim Urgency Ordinance may continue to be adjudicated.

Relief may be granted retroactively to the date the petition was filed.

SECTION 8. Ad Hoc Rent Control Committee. The City Council hereby creates an Ad Hoc Rent Control Committee, comprised of no more than two (2) members of the City Council, appointed by the Mayor and confirmed by the entire City Council. The Ad Hoc Rent Control Committee shall be an advisory committee and shall not exercise ongoing jurisdiction. The Ad Hoc Rent Control Committee shall study, develop, and propose best practices for rent control within the City, and shall formulate legislative or other appropriate recommendations for full City Council consideration. The duration of the Ad Hoc Rent Control Committee shall be consistent with Section 11 and may be extended by action of the City Council.

SECTION 9. Inconsistent Provisions. Any provision of the Cudahy Municipal Code or appendices thereto that conflicts with the provisions of this interim Urgency Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this interim Urgency Ordinance.

7 SECTION 10. Severability. If any section, subsection, sentence, clause, or phrase of this interim Urgency Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Interim Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase would be subsequently declared invalid or unconstitutional.

SECTION 11. Sunset Date. This interim Urgency Ordinance shall expire by its own terms on September 3, 2022, unless otherwise extended by action of the City Council.

SECTION 12. Compliance with California Environmental Quality Act. The City Council finds that this interim Urgency Ordinance is not subject to the California Environmental Quality Act pursuant to Section 15060(c)(2), constituting an activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment, and pursuant to Section 15060(c)(3) constituting an activity that is not a project as defined in Section 15378.

SECTION 13. The City Clerk shall certify to the passage and adoption of this Urgency Ordinance and shall cause this Urgency Ordinance to be published or posted as required by law, which shall take full force and effect immediately upon its adoption by a four-fifths vote of the City Council for a period of 90 days, unless extended.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this 5th day of July 2022.

Elizabeth Alcantar, Mayor
ATTEST:

Richard Iglesias, City Clerk

8 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, Assistant City Clerk of the City of Cudahy, hereby certify that the foregoing Urgency Ordinance No. 724 was introduced on the 5th day of July, 2022 and adopted by said City Council at its regular meeting by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Richard Iglesias, City Clerk