Agenda packet — Pico Rivera City Council, July 26, 2022

*Commissioners receive a $30.00 stipend per each meeting held and attended. .

Tuesday, July 26, 2022
Special Meeting 4:00 p.m.

Council Chambers
6615 Passons Boulevard
ROLL CALL:

Mayor:

Dr. Monica Sanchez
Mayor Pro Tempore:

Erik Lutz
Councilmembers:

Gustavo V. Camacho
Raul Elias
Andrew C. Lara
INVOCATION:

PLEDGE OF ALLEGIANCE:

CERTAIN PROVISIONS OF THE BROWN ACT ARE TEMPORARILY WAIVED PURSUANT TO GOVERNOR NEWSOM’S EXECUTIVE ORDER N-25-20, N-29-20 AND AB 361. CITY COUNCIL MEETINGS CAN BE ATTENDED IN PERSON OR VIEWED LIVE ON CTV3 AND THE CITY’S WEBSITE AT WWW.PICO-RIVERA.ORG. IF YOU WISH TO

SUBMIT A PUBLIC COMMENT CARD ON ANY OF THE LISTED AGENDA ITEMS, YOU MAY DO SO IN ADVANCE BY EMAIL TO THE CITY CLERK’S OFFICE AT [email protected]. PLEASE PROVIDE YOUR FULL NAME AND SUBJECT. PUBLIC CORRESPONDENCE SUBMITTED ELECTRONICALLY VIA EMAIL

WILL BE PROVIDED TO THE CITY COUNCIL, BUT NOT READ ALOUD AT THE MEETING.

PUBLIC COMMENTS ON ITEMS LISTED ON THE SPECIAL MEETING AGENDA

ONLY - IF YOU WOULD LIKE TO SPEAK ON THE LISTED AGENDA ITEM, PLEASE

FILL OUT A GREEN PUBLIC COMMENT REQUEST FORM AND PROVIDE IT TO THE STAFF MEMBER AT THE BACK TABLE BEFORE THE MEETING STARTS.

When you are called to speak, please come forward and state your name and city of residency for the record. You have three (3) minutes to make your remarks. In accordance with Government Code Section 54954.2, members of the City Council may only: 1) respond briefly to statements made or questions posed by the public; 2) ask a question for clarification; 3) provide a reference to staff or other resources for factual information; 4) request staff to report to the City Council at a subsequent meeting concerning any matter raised by the public; and 5) direct staff to place a matter of business on a future agenda. City Council members cannot comment on items that are not listed on a posted agenda.

YOU MAY ALSO ATTEND THE MEETING THROUGH A COMPUTER OR TELEPHONE. (IF YOU PLAN TO SPEAK DURING PUBLIC COMMENT, PLEASE JOIN VIA ZOOM OR DIAL IN VIA TELEPHONE 30 MINUTES PRIOR TO THE START OF THE MEETING @ 4:00 07-26-2022 Agenda City Council Special Meeting

Page 2 of 4 ends

p.m.). NO NEW CALLS OR REGISTRATION WILL BE TAKEN IF NOT REGISTERED BY THE REQUIRED TIME.

REGISTRATION IN ADVANCE FOR THIS MEETING IS REQUIRED. After registering, you will receive a confirmation email containing information about joining the meeting.

TO JOIN BY COMPUTER PLEASE USE THE INFORMATION BELOW:
https://us06web.zoom.us/meeting/register/tZ0rceqsrTwvHtColBtzGAkmytXUyE8CEOOF HOW TO PARTICIPATE DURING THE MEETING: Members of the public are encouraged to participate under PUBLIC COMMENTS on any agenda and non-agenda items of interest during the PUBLIC COMMENTS period. When called upon to speak please state your name for the record.

Members of the public desiring to participate in the virtual City Council meeting are invited and welcome to do so. Please be advised that there exists the possibility of technological interruptions in telephone or Zoom connections which are beyond the control of City staff.

Every effort will be made to establish or reestablish uninterrupted virtual participation in the Council meeting. Your patience and understanding is appreciated.

PLEASE TURN OFF ALL PAGERS AND/OR PHONES WHILE MEETING IS IN

SESSION AND PLEASE REFRAIN FROM TEXTING DURING THE MEETING **************************************************************************************************** In compliance with the Americans with Disabilities Act of 1990, the City of Pico Rivera is committed to providing reasonable accommodations for a person with a disability. Please call the City Clerk’s office at (562) 801-4389, if special accommodations are necessary and/or if information is needed in an alternative format. Special requests must be made in a reasonable amount of time in order that accommodations can be arranged (within 24 to 48 hours’ notice).

City Council:

1. Adoption of Resolution and Setting Priorities for Written Arguments and Directing City Attorney to Prepare Impartial Analysis for City Council Term Limit Measure. (300)
Recommendation:

1. Adopt a resolution setting priorities for filing of written arguments, and rebuttals thereof, and directing the City Attorney to prepare an impartial analysis regarding the City Council term limits measure; and

2. Take such additional, related, action that may be desirable.

Resolution No. _____ A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PICO RIVERA, CALIFORNIA, SETTING PRIORITIES FOR

FILING WRITTEN ARGUMENTS, AND REBUTTALS THEREOF, AND

DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL

ANALYSIS REGARDING THE PICO RIVERA TERM LIMITS FOR

MEMBERS OF THE CITY COUNCIL MEASURE
07-26-2022 Agenda City Council Special Meeting

Page 3 of 4 ends

2. Adoption of Resolution Calling for Election Presenting Business License Fee Adjustment Initiative Measure and Adoption of Resolution Setting Priorities for Written Arguments and Directing City Attorney to Prepare Impartial Analysis for Business License Fee Adjustment Measure. (300) Recommendation:

1. Adopt a resolution calling for the election presenting a business license fee adjustment measure;

2. Adopt a resolution setting priorities for filing written arguments and rebuttals thereof, and directing the City Attorney to prepare an impartial analysis regarding the business license fee adjustment measure; and

3. Take such additional, related action that may be desirable.

Resolution No. _____ A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PICO RIVERA, CALIFORNIA, CALLING FOR AND GIVING

NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 8, 2022, FOR THE SUBMISSION TO THE

VOTERS A QUESTION PROPOSING A BUSINESS LICENSE FEE

ADJUSTMENT
Resolution No. _____ A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PICO RIVERA, CALIFORNIA, SETTING PRIORITIES FOR

FILING WRITTEN ARGUMENTS, AND REBUTTALS THEREOF, AND

DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL

ANALYSIS REGARDING THE PICO RIVERA BUSINESS LICENSE FEE

ADJUSTMENT MEASURE
Ordinance No. _____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, AMENDING SECTION 5.12.020 OF CHAPTER 5.12, TITLE 5 OF THE PICO RIVERA MUNICIPAL CODE

TO SET BUSINESS LICENSE FEES FOR ALL BUSINESSES OPERATING

WITHIN THE CITY OF PICO RIVERA

3. Assembly Bill 361 Findings. (300)
Recommendation:

1. Receive and file this report and make the following findings: (a) the City Council has reconsidered the circumstances of the state of emergency; and (b) the following circumstances exist, (i) the state of emergency continues to directly impact the ability of the members to meet safely in person and (ii) the City Council continues to provide measures such as remote or hybrid participation to promote social distancing; and

2. Take such additional, related, action that may be desirable.

ADJOURNMENT:
07-26-2022 Agenda City Council Special Meeting

Page 4 of 4 ends

AFFIDAVIT OF POSTING
I, Anna M. Jerome, City Clerk, for the City of Pico Rivera, DO HEREBY CERTIFY, under penalty of perjury under the laws of the State of California, that the foregoing notice was posted at the Pico Rivera City Hall bulletin board, Pico Rivera website www.picorivera.org, Pico Rivera Post Office and Parks: Smith, Pico and Rivera which are available for the public to view on this 25th, day of July 2022.

Dated this 25th, day of July 2022.

Anna M. Jerome, CMC
City Clerk
SB343 NOTICE
In compliance with and pursuant to the provisions of SB343 any public writing distributed by the City Clerk to at least a majority of the City Council Members regarding any item on this special meeting agenda will be available on the City’s website.

To: Mayor and City Council
From: City Manager and City Attorney
Meeting Date: July 26, 2022
Subject: ADOPTION OF RESOLUTION SETTING PRIORITIES FOR

WRITTEN ARGUMENTS AND DIRECTING CITY

ATTORNEY TO PREPARE IMPARTIAL ANALYSIS FOR

CITY COUNCIL TERM LIMIT MEASURE
Recommendation:

2. Take such additional, related, action that may be desirable.

Fiscal Impact:

To be determined depending upon the direction of the City Council.

Discussion:

At its meeting on July 12, 2022, the City Council adopted a resolution calling for the election of a measure to impose City Council term limits. The resolution setting priorities for written argument and directing the City Attorney to prepare an impartial analysis was inadvertently not present to the City Council on July 12, 2022.

Section 9280 of the California Elections Code authorizes the City Council to direct the City Attorney to prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. Section 9282 of the California Elections Code authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of written arguments for and against, and rebuttals thereof, for city measures at a general municipal election. Resolution attached hereto authorizes the filing of written arguments and directs the City Attorney to prepare an impartial analysis in accordance with State law for the City Council Term Limit measures.
1 ADOPTION OF RESOLUTIONS SETTING PRIORITIES FOR WRITTEN ARGUMENTS

AND DIRECTING CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSIS FOR CITY

COUNCIL TERM LIMIT MEASURE
July 26, 2022

Page 2 ends

Conclusion:

Staff recommends that the City Council adopt the resolution setting priorities for written arguments and rebuttals, and directing the City Attorney to prepare impartial analyses relating to the City Council Term Limit measure.

Steve Carmona, City Manager
Arnold M. Alvarez-Glasman, City Attorney
SC:AMAG:NO
Enclosure: 1) Resolution Setting Priorities for Filing of Written Arguments, and Rebuttals, and Directing the City Attorney to Prepare an Impartial Analysis Regarding the City Council Term Limits
Enclosure 1
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA,

CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS,

AND REBUTTALS THEREOF, AND DIRECTING THE CITY ATTORNEY TO

PREPARE AN IMPARTIAL ANALYSIS REGARDING THE PICO RIVERA TERM

LIMITS FOR MEMBERS OF THE CITY COUNCIL MEASURE
WHEREAS, the City Council of the City of Pico Rivera, California, has called a General Municipal Election to be held on Tuesday, November 8, 2022, for the submission to the qualified voters of a measure to impose term limits for City Council Members in the city of Pico Rivera; and WHEREAS, at such general municipal election the following question will be submitted to the qualified voters of the City of Pico Rivera:

Term Limits for Members of the City Council
Shall the terms served by City Council Members in the City of Pico Rivera be limited to not more than three (3) consecutive four (4) year terms, after which City Council Member shall not be qualified to serve in that elected office for a period of four (4) years?” YES
NO
and;
WHEREAS, Section 9280 of the California Elections Code authorizes the City Council to direct the City Attorney to prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure; and WHEREAS, Section 9282 of the California Elections Code authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of written arguments for and against, and rebuttals thereof, for city measures at a general municipal election.

NOW, THEREFORE, the City of Pico Rivera City Council does hereby resolve, declare, and order as follows:

SECTION 1. That the City Council authorizes ________________________, as members of the Pico Rivera City Council, to file a written argument(s) not exceeding 300 words in support of the City measure specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California.

SECTION 2. Pursuant to Elections Code Section 9286, the City Clerk is authorized and directed to fix and determine August 19, 2022, as the reasonable date prior to the election for the submission to the City Clerk of arguments in favor of or against the measure. The arguments shall comply with Elections Code Sections 9282 and 9283. If more than one argument in favor or more than one argument against the measure is submitted within the time prescribed, the City Clerk shall select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters, in accordance with Elections Code Section 9287. 1a
RESOLUTION NO. ____

Page 2 of 2 ends

SECTION 3. Pursuant to Section 9285 of the Elections Code, when the elections official has selected the arguments for and against the measure which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the measure to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments The author or a majority of the authors of an argument relating to the City measure may prepare and submit a rebuttal argument not exceeding 250 works or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument.

A rebuttal argument may not be signed by more than five (5) persons.

The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Former of Statement To Be Filed By Author(s) of Argument.

Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument it seeks to rebut.

SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

APPROVED AND ADOPTED this _26TH_ day of _July_, 2022.
_________________________________
Dr. Monica Sanchez, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

ABSENT:

ABSTAIN:

To: Mayor and City Council
From: City Manager and City Attorney
Meeting Date: July 26, 2022
Subject: ADOPTION OF RESOLUTION CALLING FOR ELECTION

PRESENTING BUSINESS LICENSE FEE ADJUSTMENT

INITIATIVE MEASURE AND ADOPTION OF RESOLUTION

SETTING PRIORITIES FOR WRITTEN ARGUMENTS AND

DIRECTING CITY ATTORNEY TO PREPARE IMPARTIAL

ANALYSIS FOR BUSINESS LICENSE FEE ADJUSTMENT

MEASURE
Recommendation:

1. Adopt a resolution calling for the election presenting a business license fee adjustment measure (Enclosure 2);

2. Adopt a resolution setting priorities for filing of written arguments, and rebuttals thereof, and directing the City Attorney to prepare an impartial analysis regarding the business license fee adjustment measure (Enclosure 3); and

3. Take such additional, related, action that may be desirable.

Fiscal Impact:

To be determined depending upon the direction of the City Council.

Discussion:

At its meeting on July 7, 2022, the City Council was presented for discussion a draft ordinance proposing a business license fee adjustment. Today, it is being recommended that the City Council adopt a resolution to call the election for submission to the voters a question proposing a business license fee adjustment in the upcoming November 2022 election pursuant to Election Code section 9222.

The purpose of the business license fee adjustment is to simplify and update the City’s 64-year old business license fee structure. The adjustment has the potential to raise approximately $5,800,000 in additional revenue which the City can use to enhance public safety, park programs and improvements, street repair and maintenance, 2 ADOPTION OF RESOLUTION CALLING FOR ELECTION PRESENTING BUSINESS

LICENSE FEE ADJUSTMENT INITIATIVE MEASURE AND ADOPTION OF

RESOLUTIONS SETTING PRIORITIES FOR WRITTEN ARGUMENTS AND

DIRECTING CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSIS FOR BUSINESS

LICENSE FEE ADJUSTMENT MEASURE
July 26, 2022

Page 2 ends

addressing the issue of homelessness, and enhancing other essential City services.

Funds raised as a result of the business license fee adjustment must be used only for Pico Rivera programs and services. This measure does not impose a tax upon the residents of the City of Pico Rivera.

The proposed Business License Fee Structure is attached to this agenda report as Enclosure 1.

Conclusion:

Staff recommends that the City Council adopt the resolution calling the election for submission to the voters of a question proposing a business license fee adjustment in the upcoming November 2022 election as well a resolution setting priorities for written arguments and rebuttals, and directing the City Attorney to prepare an impartial analysis.

Steve Carmona, City Manager
Arnold M. Alvarez-Glasman, City Attorney
SC:AMAG:NO
Enclosures: 1) Business License Fee Structure
2) Resolution Calling for Election Presenting Business License Fee Adjustment Measure
3) Resolution Setting Priorities for Filing of Written Arguments, and Rebuttals, and Directing the City Attorney to Prepare an Impartial Analysis Regarding the Business License Fee Adjustment Measure 4) Draft Business License Fee Adjustment Ordinance
Enclosure 1
Business License Fee Structure
Business Type Base Rate $25
per business
Est. Industrial
Business Square Feet Rate per square foot
INDUSTRIAL $4,600 10,630,926 $ 0.35
2a
Enclosure 2
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA,

CALIFORNIA, CALLING FOR AND GIVING NOTICE OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR

THE SUBMISSION TO THE VOTERS A QUESTION PROPOSING A BUSINESS

LICENSE FEE ADJUSTMENT
WHEREAS, under the provision of the laws relating to general law cities in the State of California, a General Municipal Election of the City of Pico Rivera ("City") shall be conducted on Tuesday, November 8, 2022, to place a ballot measure to propose a business license fee adjustment; and
WHEREAS, the City Council is authorized to propose, by initiative, a proposal to adjust the City’s business license fee in order to simplify and update the City’s 64-year old business license fee; and
WHEREAS, the City Council desires to submit to the voters at the election a question for consideration to impose an adjustment of the business license fee; and WHEREAS, the City Council proposes the adoption of an ordinance amending the Pico Rivera Municipal Code Section 5.12.020 entitled “Businesses, trades and professions” of Chapter

5.12 "Fees for Licenses,” Title 5 “Business Licenses and Regulations”; and NOW, THEREFORE, the City of Pico Rivera City Council does hereby resolve, declare, and order as follows:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Pico Rivera, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of submitting to the voters a question relating to business license fee adjustment.

SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question approval of which requires a majority vote:

Page 2 of 4 ends

SECTION 3. That the proposed complete text of the Ordinance submitted to the voters at the November 8, 2022 election is attached hereto as Exhibit “A” and is incorporated herein by this reference.

SECTION 4. The City Council has approved the form of the Ordinance attached hereto as Attachment No. 1 to be submitted to the voters of the City of Pico Rivera.

SECTION 5. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 6. That the City Clerk is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 7. That the polls for the election shall be open at 7 a.m. of the day of the election and shall remain open continuously from that time until 8 p.m. of the same day when the polls shall be closed, pursuant to Elections Code § 10242, except as provided in § 14401 of the Elections Code of the State of California.

SECTION 8. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding of municipal elections.

SECTION 9. That notice of the time and place of holding of election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 10. That the City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. The City Finance Director is hereby authorized and directed to appropriate the necessary funds to pay for the City's cost of placing the Measure on the election ballot.

SECTION 11. The City Council finds that this Resolution is not a project for purposes of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines § 15378(b)(4) because this Resolution pertains to the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.

SECTION 12. This Resolution shall take effect immediately upon adoption.

SECTION 13. That the City Clerk shall attest and certify to the passage and adoption of this Resolution, and shall enter it into the book of original Resolutions.

APPROVED AND ADOPTED this 26th day of July, 2022.
_________________________________
Dr. Monica Sanchez, Mayor
RESOLUTION NO.

Page 3 of 4 ends

ATTEST: APPROVED AS TO FORM:
_______________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

ABSENT:

ABSTAIN:

RESOLUTION NO.

Page 4 of 4 ends

Exhibit “A”
Business License Fee Structure
Business Type Base Rate $25
per business
Est. Industrial
Business Square Feet Rate per square foot
INDUSTRIAL $4,600 10,630,926 $ 0.35
Enclosure 3
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA,

CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS,

AND REBUTTALS THEREOF, AND DIRECTING THE CITY ATTORNEY TO

PREPARE AN IMPARTIAL ANALYSIS REGARDING THE PICO RIVERA

BUSINESS LICENSE FEE ADJUSTMENT MEASURE
WHEREAS, the City Council of the City of Pico Rivera, California, (“City”) has called a General Municipal Election to be held on Tuesday, November 8, 2022, for the submission to the qualified voters of a measure to simplify and update the City’s business license fee; and WHEREAS, at such general municipal election the following question will be submitted to the qualified voters of the City of Pico Rivera:

To improve 911 response, prevent crime/thefts; protect local drinking water sources; repair streets/potholes; address homelessness; other general City services; shall an ordinance to simplify/update Pico Rivera’s 64-year-old business license fee, to protect local small businesses and ensure all businesses operating in the City pay their fair share; with no tax increase on residents, be adopted, generating approximately $5,800,000 annually until ended by voters; requiring City spending disclosure/local control of funds?
YES
NO
and;
WHEREAS, Section 9280 of the California Elections Code authorizes the City Council to direct the City Attorney to prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure; and WHEREAS, Section 9282 of the California Elections Code authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of written arguments for and against, and rebuttals thereof, for city measures at a general municipal election.

NOW, THEREFORE, the City of Pico Rivera City Council does hereby resolve, declare, and order as follows:

SECTION 1. That the City Council authorizes, __________________ as members of the Pico Rivera City Council, to file a written argument(s) not exceeding 300 words in support of the City measure specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California.

Page 2 of 2 ends

shall select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters, in accordance with Elections Code Section 9287.

The author or a majority of the authors of an argument relating to the City measure may prepare and submit a rebuttal argument not exceeding 250 works or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument.

A rebuttal argument may not be signed by more than five (5) persons.

Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument it seeks to rebut.

SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

APPROVED AND ADOPTED this _26th___ day of _July__, 2022. _________________________________
Dr. Monica Sanchez, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

ABSENT:

ABSTAIN:

Enclosure 4
1 of 3
ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, AMENDING SECTION 5.12.020 OF CHAPTER 5.12, TITLE 5 OF

THE PICO RIVERA MUNICIPAL CODE TO SET BUSINESS LICENSE FEES

FOR ALL BUSINESSES OPERATING WITHIN THE CITY OF PICO RIVERA WHEREAS, this Ordinance would make adjustments to the current provisions of the PRMC to provide simplifications to the business license fees imposed upon businesses operating within the City of Pico Rivera (“City”);
WHEREAS, the Pico Rivera Municipal Code’s (“PRMC”) current business license fees are 64-years old;
WHEREAS, the business license fee adjustment has the potential to raise approximately $5,800,000 in additional revenue which the City can use to enhance public safety, park programs and improvements, street repair and maintenance, addressing the issue of homelessness, and enhancing other essential City services;
WHEREAS, funds raised as a result of the business license fee adjustment must be used only for Pico Rivera programs and services;
WHEREAS, this Ordinance does not impose a tax on the residents of the City of Pico Rivera;
WHEREAS, pursuant to Election Code section 9222, Government Code section 36502, and the laws relating to general law cities, the City Council submitted to the voters a ballot measure, Measure “__” on November 8, 2022 amending the Pico Rivera Municipal Code to make adjustments and set the City’s business license fees;
WHEREAS, on November 8, 2022, a majority of the voters voted in favor of Measure “__” which proposed the following to the voters: “MEASURE ___: To improve 911 response, prevent crime/thefts; protect local drinking water sources; repair streets/potholes; address homelessness; other general City services; shall an ordinance to simplify/update Pico Rivera’s 64-year-old business license fee, to protect local small businesses and ensure all businesses operating in the City pay their fair share; with no tax increase on residents, be adopted, generating approximately $5,800,000 annually until ended by voters; requiring City spending disclosure/local control of funds?;

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

SECTION 1. Incorporation of Recitals. The City Council for the City of Pico Rivera finds and declares the foregoing are true and correct and incorporates said recitals fully into this Ordinance as substantive findings.

SECTION 2. Section 5.12.020 entitled “Businesses, trades and professions” in Chapter

5.12 “Fees for Licenses,” of Title 5, “Business Licenses and Regulations,” of the Pico Rivera Municipal Code is hereby amended as follows:
2d
Enclosure 4
2 of 3
Title 5 BUSINESS LICENSES AND REGULATIONS
Chapter 5.12 FEES FOR LICENSES
Section 5.12.020 Businesses, trades and professions.
(The current business license fee table found in Section 5.12.020 shall be deleted and replaced with the schedule set forth below)
Business Type Base Rate $25
per business
Est. Industrial
Business Square Feet Rate per square foot
INDUSTRIAL $4,600 10,630,926 $ 0.35
SECTION 3. Any provision of the City of Pico Rivera’s Municipal Code inconsistent with the provisions of this Ordinance, to the extent of such inconsistency and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.

SECTION 4. This Ordinance shall be considered as adopted upon the date that the vote is declared by the legislative body and shall go into effect 10 days after that date pursuant to California Elections Code section 9217. Accordingly, this Ordinance shall become effective on _________ 2022.

SECTION 5. The City Clerk shall certify to the adoption of this Ordinance causing it to be posted as required by law.

PASSED, APPROVED AND ADOPTED this ____ day of _______ 2022.

Enclosure 4
3 of 3
__________________________________
Dr. Monica Sanchez, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ___________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney To: Mayor and City Council
From: City Manager and City Attorney
Meeting Date: July 26, 2022
Subject: ASSEMBLY BILL 361 FINDINGS
Recommendation:

1. Receive and file this report and make the following findings: (a) The City Council has reconsidered the circumstances of the state of emergency; and (b) the following circumstances exist, (i) the state of emergency continues to directly impact the ability of the members to meet safely in person and (ii) the City Council continues to provide measures such as remote or hybrid meeting participation to promote social distancing; and

2. Take such additional, related, action that may be desirable.

Fiscal Impact:

There is no fiscal impact to the General Fund.

Background:

Recently the Governor signed into law AB 361 which established additional requirements upon local governmental agencies concerning public participation during the COVID -19 pandemic and State of Emergency period. In order to comply with AB 361, on October 26, 2021 the City Council approved a resolution with the appropriate findings.

One of the requirements of AB 361 as found in Government Code Section 54953(e)(3) is if a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without posting or other Brown Act compliance requirements the legislative body/City Council shall every 30 days after approving the initial resolution, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist (i) The state of emergency continues to directly impact the ability of the members to meet safely in person or (ii) State or local 3 CITY COUNCIL AGENDA REPORT – MEETING OF JULY 26, 2022 ASSEMBLY BILL 361 FINDINGS

Page 2 of 2 ends

officials continue to impose or recommend measures to promote social distancing.

Conclusion:

Based on the foregoing, we recommend that the City Council receive and file the AB 361 report and make the requisite findings by majority vote as described in this report, as required by law every 30 days.

Steve Carmona
Arnold M. Alvarez-Glasman
SC:AMAG

Pico Rivera City CouncilJuly 26, 2022

Pico Rivera City Council
July 26, 2022