CITY COUNCIL
MINUTES
Tuesday, September 13, 2022
A Regular Meeting of the City Council was held in the Council Chamber, Pico Rivera City Hall, 6615 Passons Boulevard, Pico Rivera, California.
Mayor/Chairman/President Dr. Sanchez called the regular meeting to order at 6:06 p.m. on behalf of the City Council.
PRESENT: Camacho, Elias, Lara, Lutz, Sanchez
ABSENT: None
INVOCATION: Delivered by Fire Chief Mayfield
PLEDGE OF ALLEGIANCE: Led by Sheriff Captain Hutak
SPECIAL PRESENTATION(S):
• Certificate of Recognition presented to former Planning Commissioner, Monica Villalobos, for her years of service
• Proclamation presented to the City Clerk's office for National Voter Registration Day established on September 20, 2022
PUBLIC HEARING(S):
City Council:
1. Public Hearing — Substantial Amendment No. 1 to the Community Development Block Grant (CDBG) Fiscal Year 2022-2023 Annual Action Plan. (1600)
Mayor Dr. Sanchez opened the public hearing and noted that there were no written communications or public comment cards to provide public testimony.
Mayor Dr. Sanchez closed the public hearing.
Motion by Councilmember Lara, seconded by Councilmember Camacho to: 1) Approve Resolution No. 7221 for a substantial amendment to the fiscal year (FY) 2022-23 CDBG Annual Action Plan; 2) Authorize the appropriation of $258,122 in available unprogrammed funds to the City Hall ADA Restrooms, Elevators, and Ramps — Construction project and; 3) Authorize the City Manager to enter into agreements with eligible sub -recipients and purchase of supplies, programs, and equipment. Motion = carries by the following roll call vote:
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Resolution No. 7221 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PICO RIVERA, CALIFORNIA, APPROVING
SUBSTANTIAL AMENDMENT NO. 1 TO THE FISCAL YEAR 2022-
2023 ANNUAL ACTION PLAN
AYES: Camacho, Elias, Lara, Lutz, Sanchez
NOES: None
2. Public Hearing — Resolution Submitting the FY 2021-22 Consolidated Annual Performance and Evaluation Report. (1600)
Mayor Dr. Sanchez opened the public hearing and noted that there were no written communications or public comment cards to provide public testimony.
Mayor Dr. Sanchez closed the public hearing.
Motion by Councilmember Lara, seconded by Councilmember Camacho to approve Resolution No. 7222 authorizing the City Manager, or designee to submit to the United States Department of Housing and Urban Development (HUD) the City of Pico Rivera's fiscal year (FY) 2021-22 Consolidated Annual Performance and Evaluation Report (CAPER). Motion carries by the following roll call vote:
Resolution No. 7222 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PICO RIVERA, CALIFORNIA, AUTHORIZING THE
SUBMISSION OF CITY'S FISCAL YEAR (FY) 2021-2022
CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION
REPORT (CAPER)
3. Public Hearing — Car Wash Use Moratorium — Urgency Ordinance No. 1148 One (1) Year Extension per Government Code Section 65858. (1300) Mayor Dr. Sanchez opened the public hearing and noted that there were no written communications or public comment cards to provide public testimony.
Councilmember Lara proposed amendments to the urgency ordinance to allow modifications for the existing car wash locations to rebuild their properties if they desire to upgrade their facilities.
Mayor Dr. Sanchez closed the public hearing.
Motion by Councilmember Lara, seconded by Councilmember Camacho to adopt by four -fifths (4/5) vote, an extension of one (1) year to Ordinance No. 1148 prohibiting the approval, expansion, intensification, or relocation of any new or existing car wash use in the Community -Commercial, General -Commercial -Manufacturing zone. Motion carries by the following roll call vote:
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Urgency Ordinance No. 1161 AN URGENCY ORDINANCE NO. 1148 OF
THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA,
EXTENDING THE CAR WASH MORATORIUM FOR ONE YEAR
PROHIBITING THE APPROVAL, EXPANSION, INTENSIFICATION OR
RELOCATION OF ANY NEW OR EXISTING CAR WASH USE IN THE
COMMUNITY -COMMERCIAL, GENERAL -COMMERCIAL AND
COMMERCIAL -MANUFACTURING ZONES
AYES: Camacho, Elias, Lara, Sanchez
NOES: Lutz
PUBLIC COMMENTS:
Tony Hernandez:
• Addressed the City Council regarding the City website, complemented staff on the new updated website and City mobile application, thanked Parks and Recreation staff for an incredible summer of events, concerns regarding the Veterans Commission, and National Policewoman's Day.
Martin Morones:
• Addressed the City Council regarding the Veterans Service Center.
CONSENT CALENDAR ITEMS:
City Council:
4. Minutes:
• Approved City Council regular meeting of August 23, 2022
5. Approved 5th Warrant Register of the 2022-2023 Fiscal Year. (700) Check Numbers: 290091-290103; 290104-290146; 290147-290181; 290183- 290219
Special Check Numbers: 290182
6. Purchase and Sale Agreement between the City of Pico Rivera and CenterPoint Property Trust for a Portion of Baybar Road that was Previously Vacated. (500)
1. Approved Resolution No. 7223 ratifying the purchase and sale agreement (PSA) with CenterPoint Property Trust (Purchaser) and the City of Pico Rivera, for a portion of Baybar Road (0.936 acres) that was a former street previously vacated (Street Vacation 22-01) and identified as surplus land (Property).
Resolution No. 7223 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPROVING THE PURCHASE
AND SALE AGREEMENT BETWEEN THE CITY OF PICO RIVERA AND
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CENTERPOINT PROPERTIES TRUST FOR A PORTION OF BAYBAR
ROAD THAT WAS PREVIOUSLY VACATED
7. Provide Staff Direction Regarding Request from LEBA, Inc. to Waive a Quarterly Installment. (700)
1. Provided staff direction to waive quarterly installment payment of $102,053, inclusive of fees, penalties, and interest that is owed by LEBA, Inc. to the Sports Arena Enterprise Fund 590;
2. Deferred requirement to improve billboard sign due to impending Whittier Narrows Damn Improvement project; and
3. Provided staff alternative direction.
8. Approve a Budget Adjustment for the Senior Center Restroom ADA and Safety Improvement Project, CIP No. 50036. (700)
1. Approved fiscal year (FY) 2021-22 budget adjustments in the amount of $23,300 from Account No. 100.80.8230-52400 (Print, Duplicate and Photocopying) and $30,000 from Account No. 100.40.4010-54400 (Public Works Professional Services) to the Senior Center Restroom ADA and Safety Improvement Project, CIP No. 50036, (Account No. 100.80.8220- 54500-CIP 50036).
9. ADA City Hall/City Hall West Project (CIP No. 50073) — Award Construction. (500)
1. Approved the plans and specifications for the ADA City Hall/City Hall West Project, CIP No. 50073;
2. Awarded a construction contract for a not -to -exceed amount of $596,900 to Empire Design & Build LLC for the ADA City Hall/City Hall West Project, CIP No. 50073, and authorized the City Manager to execute the contract in a form approved by the City Attorney;
3. Authorized the Public Works Director to process change orders in the amount not -to -exceed 15% of the total construction contract amount, as needed, up to $89,535 for construction contingency;
4. Awarded a Professional Services Agreement in the amount of $60,132 to Willdan Engineering to provide construction management services for the ADA City Hall/City Hall West Project, CIP No. 50073, and authorized the City Manager to execute the Agreement in a form approved by the City Attorney;
5. Authorized the Public Works Director to process change orders in an amount not -to -exceed 15% of the total construction management contract amount, as needed, up to $9,020 for construction management contingency; and
6. Approved the Notice of Exemption (NOE) for the subject project and authorized the City Clerk to file the NOE with the County Recorder, in accordance with the California Environmental Quality Act (CEQA).
Agreement No. 22-2120 Agreement No. 22-2121
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10. Approve Telegraph Road Complete Street Study Implementation Agreement with Gateway Cities Council of Government (Non-CIP Project No. 30053). (500)
1. Approved Telegraph Road Complete Street Study revised Implementation Agreement with Gateway Cities Council of Government (Gateway COG) and authorized the City Manager to execute the attached agreement in a form approved by the City Attorney.
Agreement No. 22-2122
11. Intelligent Transportation System (ITS) Master Plan (Project No. 50052) — Award Professional Services Agreement. (500)
1. Awarded a Professional Services Agreement to Advantec Consulting Engineers, Inc. (Advantec) to develop an Intelligent Transportation System (ITS) Master Plan and (Project No. 50052) for an amount not -to -exceed $199,770 and authorized the City Manager to execute an agreement in a form approved by the City Attorney.
Agreement No. 22-2123
12. Approve Amendment No. 2 to Agreement No. 18-1825 with Mariposa Landscapes Inc. to Construct Median Beautification Maintenance Improvements on Beverly Boulevard and San Gabriel River Parkway and Extend Routine Maintenance Services. (500)
1. Approved Amendment No. 2 to Agreement No. 18-1825 with Mariposa Landscapes Inc. in the amount not -to -exceed $1,205,751, including $960,051 for the median maintenance project and $245,700 for routine maintenance services, and authorized the City Manager to execute the amendment in a form approved by the City Attorney;
2. Authorized the Public Works Director to process change orders in an amount not -to -exceed 10% of the total median maintenance project amount, as needed, up to $96,006 for unforeseen contingencies; and
3. Approved an appropriation of $1,121,832 from the fiscal year (FY) 2020- 21 General Fund operating surplus to Account No. 100.040.4032-54500, Park Maintenance Contracted Services, in FY 2022-23.
Agreement No. 18-1825-2
13. Award a Professional Services Agreement to 3Di, Inc. to Develop an Online Permitting Software. (500)
1. Authorized the City Manager to execute a Professional Services Agreement with 3Di, Inc. to purchase the 3Di Engage Permit Solution (an online permitting software) for an amount not -to -exceed $168,500, for fiscal year (FY) 2022-23 through FY 2026-27;
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2. Amended the FY 2022-23 budget in the amount of $48,500 to Account No. 699.30.3010.54500 for the first -year expenses for services provided by 3Di, Inc; and
3. Authorized the City Manager to execute the Agreement in a form acceptable to the City Attorney.
Agreement No. 22-2124
14. Pico Rivera Innovative Municipal Energy (PRIME) Power Content Label and Attestation. (1100)
1. Provided the attestation specified under California's Power Source Disclosure (PSD) Program, which requires the governing council of a public agency providing retail electric service to endorse the accuracy of each annual report and power content label, as submitted to the California Energy Commission, for the previous year. In the case of Pico Rivera Innovative Municipal Energy Authority's (CalChoice) technical review and will address the 2021 Annual Reports and Power Content Labels (PCL) prepared for the PRIME community choice aggregation (CCA) program.
Successor Agency:
15. Minutes:
• Received and filed Successor Agency meeting of April 26, 2022
16. Approval of a Resolution Declaring Agency -Owned Property of Approximately 4,360 Square Feet Identified as 8631 Beverly Boulevard as Exempt Surplus Land and Approving the Sale of the Property to the Adjacent Property Owner. (1300)
1. Approved Resolution No. SA -22-23 of the Successor Agency to the Pico Rivera Redevelopment Agency declaring the real property known as 8631 Beverly Boulevard as Exempt Surplus Land and approving the sale of the Property to the adjacent property owner.
Resolution No. SA -22-23 A RESOLUTION OF THE SUCCESSOR
AGENCY TO THE PICO RIVERA REDEVELOPMENT AGENCY
DECLARING AGENCY -OWNED PROPERTY OF APPROXIMATELY
4,360 SQUARE FEET IDENTIFIED AS 8631 BEVERLY BOULEVARD
(APN: 5272-002-901) AS EXEMPT SURPLUS LAND PURSUANT TO
CALIFORNIA GOVERNMENT CODE § 54221(f)(1)(B) AND APPROVING
THE SALE OF THE PROPERTY TO THE CONTIGUOUS PROPERTY
OWNER
Housing Assistance Agency:
17. Minutes:
• Approved Housing Assistance Agency meeting of March 22, 2022
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18. Approve a Five -Year Maintenance Agreement for the Section 8 Housing Choice Voucher Program Happy Software. (500)
1. Authorized the Pico Rivera Housing Assistance Agency to extend the annual Maintenance Agreement with MRI Software, LLC, for the HAPPY Software to five (5) years. The five-year commitment will cap the Subscription License and Maintenance Service fees over the next five years.
Agreement No. 22-2125
Regarding Item No. 7, Councilmember Camacho, Mayor Pro Tem Lutz and Mayor Dr.
Sanchez reported that they each received campaign funds from LEBA, Inc.
Motion by Councilmember/Director/Commissioner Camacho, seconded by Councilmember/Director/Commissioner Lara to approve Consent Calendar Item Nos. 1 through 18. Motion carries by the following roll call vote:
AYES: Camacho, Lara, Lutz, Sanchez
NOES: None
ABSTAIN: Elias
CONSENT CALENDAR ITEMS PULLED FOR FURTHER CLARIFICATION: None REGULAR AGENDA:
City Council:
19. Approve a Memorandum of Understanding Between the City of Pico Rivera and Service Employees' International Union 721 — Full -Time Members for a Three- Year Term July 1, 2021 through June 30, 2024. (500) Assistant City Manager Garcia delivered a brief explanation of the modifications of the item before the City Council approval.
Motion by Mayor Pro Tem Lutz, seconded by Councilmember Camacho to: 1) Approve Resolution No. 7224 ratifying a Memorandum of Understanding (MOU) between the City Pico Rivera and the Service Employees International Union 721 — Full -Time Members (SEIU 721 Full-time) for a three-year period (July 1, 2021 — June 30, 2024); 2) Approve the schedules designating the job classification belonging to the Service Employees International Union 721 — Full -Time; and 3) Approve the salary schedule effective for the period of July 1, 2021 through June 30, 2024 for the job classifications belonging to the Service Employees International Union 721 — Full -Time Members.
Motion carries by the following roll call vote:
Resolution No. 7224 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPROVING, RATIFYING AND
ORDERING IMPLEMENTATION OF A MEMORANDUM OF
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UNDERSTANDING BETWEEN THE CITY OF PICO RIVERA AND THE
SERVICE EMPLOYEES' INTERNATIONAL UNION -FULL-TIME MEMBERS FOR A TERM FROM JULY 1, 2021 THROUGH JUNE 30, 2024
AYES: Camacho, Elias, Lara, Lutz, Sanchez
NOES: None
20. Approve a Memorandum of Understanding between the City of Pico Rivera and Mid -Managers and Professional and Confidential Employee Association for a Three -Year Term, July 1, 2021 through June 30, 2024. (500) Motion by Councilmember Lara, seconded by Councilmember Camacho to: 1) Approve Resolution No. No. 7225 ratifying a Memorandum of Understanding (MOU) between the City of Pico Rivera and the Mid -Managers and Professional and Confidential Employees Association (CEA) for a three-year period (July 1, 2021 — June 30, 2024; 2) Approve the schedules designating the job classifications belonging to the Mid -Managers and Professional and Confidential Employees Association; and 3) Approve the salary schedule effective for the period of July 1, 2021 through June 30, 2024 for the job classifications belonging to the Mid -Managers and Professional and Confidential Employees Association. Motion carries by the following roll call vote:
Resolution No. 7225 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPROVING, RATIFYING AND
ORDERING IMPLEMENTATION OF A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF PICO RIVERA AND THE
PICO RIVERA MID -MANAGERS, PROFESSIONAL AND CONFIDENTIAL EMPLOYEES' ASSOCIATION FOR A TERM FROM JULY 1, 2021
THROUGH JUNE 30, 2024
AYES: Camacho, Elias, Lara, Lutz, Sanchez
NOES: None
21. Approve a Side Letter between the City of Pico Rivera and Service Employees International Union Directors Unit Members for a Three -Year Term July 1, 2021 through June 30, 2024. (500)
Motion by Mayor Pro Tem Lutz, seconded by Councilmember Lutz to: 1) Approve Resolution No. No. 7226 ratifying Side Letter #4 of Memorandum of Understanding (MOU) between the City of Pico Rivera and the Service Employees International Union — Directors Unit (SEIU Directors) for a three-year period (July 1, 2021 — June 30, 2024); and 2) Approve the salary schedule effective for the period of July 1, 2021 through June 30, 2024 for the job classifications belonging to the Service Employees International Union — Directors Unit Members. Motion carries by the following roll call vote:
Resolution No. 7226 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPROVING, RATIFYING AND ORDERING IMPLEMENTATION OF SIDE LETTER #4 BETWEEN THE
CITY OF PICO RIVERA AND THE PICO RIVERA SERVICE EMPLOYEES'
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INTERNATIONAL UNION — DIRECTORS UNIT FOR A TERM FROM JULY 1, 2021 THROUGH JUNE 30, 2024
AYES: Camacho, Elias, Lara, Lutz, Sanchez
NOES: None
CITY MANAGER/STAFF REPORTS:
Captain Hutak reported on the Flock Cameras and their success in capturing/preventing crime.
GOOD OF THE ORDER (INTERGOVERNMENTAL AGENCY MEETINGS, AB 1234 REPORTS, NEW BUSINESS, OLD BUSINESS):
Mayor Pro Tem Lutz reported on his attendance of the Gateway Cities Council of Governments conference regarding the High-speed Rail.
Councilmember Lara commented that he met with the residents of the Westland Estates along with Community and Economic Development Director Garcia, to address their concerns regarding rent control.
Councilmember Elias provided an update and a report from the Parking Ad Hoc Committee regarding the citywide parking issues and the study done on Durfee Avenue.
He inquired about the traffic issues with the Fire Departments being able to exit the facilities due to traffic; the Tiny Tot Program, the Rosemead Boulevard median clean- up; and the Veterans Resource Center. In regard to the citywide parking issues, Community and Economic Development Director Garcia provided a brief report on the upcoming study to mitigate the parking issues beginning north of Whittier Boulevard and West Boulevard. Regarding the traffic issues with the fire stations, City Manager Carmona stated that staff is working with Fire Chief Mayfield to come up with solutions for the different fire stations. With reference to the Tiny Tot Program, Parks and Recreations Director Yugar stated that the Tiny Tots program has been inactive for two (2) years due to having no staff to manage the program. Councilmember Elias also expressed his concerns regarding the Flood Management Plan and City Manager Carmona responded in the affirmative assuring that there is a Flood Management Plan and that there has been a request for the Army Corp to provide a presentation in the near future. Concerning the Veterans Resource Center, City Manager Carmona confirmed that staff are in contact with the consultant to determine the center's location, best practices, and the consultant's availability to come and speak on the subject matter.
Councilmember Camacho reported on the parking issues and parking districts; spoke on the general median beautification and major corridor projects forthcoming; commented on the Vicente Hernandez Street Name Dedication and thanked LEBA, the Lopez family, and the Parks and Recreation staff for a successful event; lastly, reported on his visit with Fire Chief Mayfield at Fire Station 103. Fire Chief Mayfield spoke about the Pico Rivera fire stations and commended the first responders for their international accomplishments. Councilmember Camacho motioned and Councilmember Elias
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seconded to direct staff to look into the liabilities for a potential training facility at the former US Marine Corps Reserve Training base, located near the Pico Rivera Sports Arena.
Mayor Dr. Sanchez reported on her attendance of the League of California Cities conference in Long Beach; her meeting with Fire Chief Mayfield at Fire Station 103; provided clarification regarding the Virtual City Hall (VCH) app; thanked all the partners who assisted with the event; thanked Community and Economic Development Director Garcia for his time with the City of Pico Rivera and congratulated him on accepting a new position.
Regarding the VCH app, Innovation and Communications Director Hernandez offered an update regarding the VCH app and the Sweepstakes Giveaway.
Deputy City Attorney Ramirez stated that Pursuant to Government Code Section 54954.2(b)(2), there is a need to take immediate action and the need for action came to the City Council's attention subsequent to the agenda being posted for today's meeting.
This requires a 2/3 vote of the members being present to place on the agenda.
Motion by Councilmember Lara, seconded by Mayor Pro Tem Lutz to add to the agenda closed session item Personnel Matter, pursuant to Government Code Section 54957(b).
Motion carries by the following roll call vote:
AYES: Camacho, Elias, Lara, Lutz, Sanchez
NOES: None
Recessed to Closed Session at 7:19 p.m.
ALL CITY COUNCIL MEMBERS WERE PRESENT
Reconvened from Closed Session at 7:36 p.m.
ALL CITY COUNCIL MEMBERS WERE PRESENT
CLOSED SESSION(S):
City Council:
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: APNs: 6374-006-900, 6374-015-902, 6375-010-900, 6375-016-906 Agency negotiator: City Manager Steve Carmona
Negotiating parties: Alameda Corridor -East (ACE) Authority Under negotiation: Terms of sale
Deputy City Attorney Ramirez stated that City Council received a briefing, direction was provided, and that no final action was taken and that there was nothing further to report.
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b. PERSONNEL MATTERS
Pursuant to Government Code Section 54957(b)
Deputy City Attorney Ramirez stated that City Council was briefed by the City Manager and voted unanimously to reopen the Early Retirement Incentive Program for one position: Crew Leader/Public Works.
ADJOURNMENT
Mayor/Chairman/President Dr. Sanchez adjourned the City Council meeting at 7:39 p.m. in memory of former Pico Rivera City Manager's Chuck Fuentes and Ron Bates, and former resident Michelle Perez. There being no objection it was so ordered.
AYES: Camacho, Elias, Lara, Lutz, Sanchez
NOES: None
Dr. Monica Sanchez, Mayor
ATTEST:
Anna M. Jerome, C Clerk
I hereby certify that the foregoing is a true and correct report of the proceedings of the City Council regular meeting dated September 13, 2022 and approved by the City Council on September 27, 2022.
Anna M. Jerome, Ci Clerk