Tuesday, January 24, 2023
A Regular Meeting of the City Council and Water Authority was held in the Council Chamber, Pico Rivera City Hall, 6615 Passons Boulevard, Pico Rivera, California.
Mayor/President Lutz called the regular meeting to order at 6:01 p.m. on behalf of the City Council and Water Authority.
PRESENT: Camacho, Garcia, Lara, Sanchez, Lutz
ABSENT: None
INVOCATION: Delivered by Councumember/uommissioner Dr. Sanchez PLEDGE OF ALLEGIANCE: Led by Councilmember/Commissioner Garcia SPECIAL PRESENTATION(S):
• The Administrative Services department was recognized for their work during the end of the year Financial Reporting period
• A Proclamation was presented to the Los Angeles County Sheriffs Pico Rivera Station for National Law Enforcement Day
PUBLIC HEARING:
City Council:
1. Public Hearing — Conditional Use Permit No. 746; Zone Reclassification No. 325; Zone Code Amendment No. 187, General Plan Amendment No. 57, and Mitigated Negative Declaration and Mitigation Monitoring Program to Develop a 255 Unit Mixed -Use Development Located at 8825 Washington Boulevard. (1300)
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Mayor Lutz opened the public hearing.
Councilmember Garcia recused himself from the hearing.
Mayor Lutz noted there was two (2) written communications from Mitchell M. Tsai, Attorney at Law and Richard Drury from Lozeau/Drury LLP in opposition of the project.
Community and Economic Development Deputy Director provided a PowerPoint presentation including the project's location and description, a brief history of the property, traffic impact study, community outreach, project setbacks, project renderings, community benefits, specific plan and parking analysis, planning commission action, environmental review, property values, security and overcrowding.
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Kamyar Shabani with Optimus Properties, LLC gave a brief introductory of the property company and further details on the project, specifically how the name of the project is honoring the City's history, additional community benefits, alignment with City planning efforts, amenities provided by the project, parking provided, and outreach summary.
Oral Communication(s):
The following public speakers addressed City Council in support of the project. • Christopher Luna Jr.
• Nick Hernandez
• Paul Avila
• CR May
• Richard Burns
• David Gonzalez
• Daniel Andrade
• Marco Zapien
• Nicole Arruda
• John Contreras
• Jayro Queme
The following public speakers addressed City Council in opposition of the project and expressed specific concerns.
• Jose Sanchez
• Russ Faulkenberry
• Gary Ibanez
• Joseph Gonzalez
• Milton Myer
• Kathleen Halton
• Elvia Alvarado
In response to speakers concerns, Mr. Shabani addressed tenant reporting verification process, parking, quality of life, and fire access lanes. Regarding fire access, Mr.
Shabani stated that the lanes were reviewed and approved by the Fire Department.
Pertaining to the reporting verification Mr. Shabani stated that all reports made were independently reviewed by the Planning Commission and City consultants. In regards to quality of life, he mentioned that City consultants reported that quality of life would increase not decrease.
City Council discussed project estimated completion, environmental emissions, concerns with tenant management, Prop 13 and property value concerns, State housing mandates and regulations, and the opportunity for increase registration in local schools.
Mayor Lutz closed the public hearing.
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Motion by Councilmember Dr. Sanchez, seconded by Mayor Lutz to: 1) Approve and recommend adoption to the City Council of the items listed below: a) Approve Resolution No. 7243 ratifying Conditional Use Permit No. 746 to develop a 255 -unit mixed -use apartment complex; b) Approve Resolution No. 7244 ratifying Zone Reclassification No. 325 to change the zone from Commercial General and Mixed -use Overlay to Mercury Specific Plan; c) Approve Resolution No. 7245 ratifying Zone Code Amendment No. 187 to add the Mercury Specific Plan to the Pico Rivera Municipal Code; d) Approve Resolution No. 7246 ratifying General Plan Amendment No. 57 adopting the Mercury Specific Plan to the Pico Rivera General Plan; e) Introduce and waive first reading of ordinance approving Zone Reclassification No. 325; f) Introduce and waive first reading of ordinance adding Chapter 18.21, Mercury Specific Plan to Title 18, Zoning, of the Pico Rivera Municipal Code; and g) Adopt the Mitigated Negative Declaration and Mitigation Monitoring Reporting Program in compliance with the California Environmental Quality Act (CEQA; or 2) Deny the project; or 3) Continue this item and request staff to conduct further research. Motion carries by the following roll call vote:
Resolution No. 7243 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF A 255 UNIT
MIXED -USE DEVELOPMENT AT 8825 WASHINGTON BOULEVARD
DESIGNATED AS CONDITIONAL USE PERMIT NO. 746 AND
ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM
Resolution No. 7244 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPROVING A ZONE
RECLASSIFICATION FOR THE PROPERTY LOCATED AT 8825
WASHINGTON BOULEVARD TO CHANGE THE ZONE
CLASSIFICATION FROM GENERAL COMMERCIAL AND MIXED -USE
OVERLAY ZONE TO MERCURY SPECIFIC PLAN TO ALLOW FOR THE
DEVELOPMENT OF THE PROPERTY AS A 255 UNIT MIXED -USE
DEVELOPMENT FURTHER DESIGNATED HEREIN AS ZONE
RECLASSIFICATION NO. 325
Resolution No. 7245 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, ADOPTING THE MERCURY
SPECIFIC PLAN TO A 2.8 PARCEL LOCATED AT 8825 WASHINGTON
BOULEVARD HEREIN DESIGNATED AS GENERAL PLAN
AMENDMENT NO. 57
Resolution No. 7246 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, ADOPTING AN ORDINANCE
ADDING CHAPTER 18.21, MERCURY SPECIFIC PLAN TO TITLE 18,
ZONING, OF THE PICO RIVERA MUNICIPAL CODE DESIGNATED
HEREIN AS ZONE CODE AMENDMENT NO. 187
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Ordinance No. 1166 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPROVING A ZONE
RECLASSIFICATION TO CHANGE THE ZONE DESIGNATION FROM
GENERAL COMMERCIAL AND MIXED -USE OVERLAY ZONE TO
MERCURY SPECIFIC PLAN TO ALLOW FOR THE DEVELOPMENT OF
THE PROPERTY AS A 255 UNIT MIXED -USE DEVELOPMENT A SHOW ON ATTACHMENT "A" AND FURTHER DESIGNATED HEREIN AS
ZONE RECLASSIFICATION NO. 325 (FIRST READING AND
INTRODUCTION)
Ordinance No. 1167 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, ADDING CHAPTER, 18.21, MERCURY SPECIFIC PLAN TO TITLE 18, ZONING, OF THE PICO
RIVERA MUNICIPAL CODE (FIRST READING AND INTRODUCTION)
AYES: Camacho, Lara, Sanchez
NOES: Lutz
ABSTAIN: Garcia
Recessed to Break at 8:10 p.m.
ALL FOUR CITY COUNCIL MEMBERS WERE PRESENT
Reconvened from Break at 8:22 p.m.
ALL CITY COUNCIL MEMBERS WERE PRESENT
2. Public Hearing — Approval of a Proposed Resolution Amending Customer Power Generation Rate Schedule for Pico Rivera Innovative Municipal Energy (PRIME). (1600)
Mayor Lutz opened the public hearing and noted that there were no written communications or public comment cards to provide public testimony.
Cathy Defalco from California Choice Energy Authority provided a brief presentation covering the rate setting process, the increase of rates, PRIME Generation rate adjustment, and a joint rate comparison.
Mayor Lutz closed the public hearing.
Motion by Councilmember Camacho, seconded by Mayor Pro Tem Lara to approve Resolution No. 7247 amending the customer power generation rate schedule for Pico Rivera Innovative Municipal Energy (PRIME). Motion carries by the following roll call vote:
Resolution No. 7247 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, AMENDING THE CUSTOMER
POWER GENERATION RATES FOR THE PICO RIVERA INNOVATIVE
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MUNICIPAL ENERGY (PRIME) COMMUNITY CHOICE AGGREGATION
PROGRAM
AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
PUBLIC COMMENTS:
Lauren Talbott, Pico Rivera Library Manager:
• Addressed the City Council regarding library updates, upcoming events, and rapid COVID-19 tests.
Jose Sanchez:
• Addressed the City Council to express his concerns regarding Item No. 15, Introduction and First Reading of Removal of Unauthorized Containers Provisions and Procedures Ordinance.
City Manager Carmona stated that Item No. 17, Budget Calendar — Biennial Budget Fiscal Year 2023-24 and Fiscal Year 2024-25 Budget Development Calendar of the agenda was pulled from the Regular Agenda and moved to the Consent Calendar.
CONSENT CALENDAR ITEMS:
City Council:
3. Minutes:
• Approved City Council regular meeting of December 13, 2022
4. Approved 10th Warrant Register of the 2022-2023 Fiscal Year.
Check Numbers: 290724-290953
Special Check Numbers: None
(700)
5. Approve a Resolution to Adopt Vehicle Miles Travel Thresholds of Significance for the Purpose of Analyzing Transportation Impacts Under California Environmental Quality Act. (1400)
1. Approved Resolution No. 7248 to adopt a Vehicle Miles Traveled thresholds of significance for the purpose of analysis of transportation impacts under California Environmental Quality Act guidelines.
Resolution No. 7248 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, FOR ADOPTION OF VEHICLE
MILES TRAVELED BASELINES AND THRESHOLDS OF SIGNIFICANCE
FOR THE PURPOSE OF ANALYZING TRANSPORTATION IMPACTS
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
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6. Planning, Parks and Recreation, and Veterans Commission Appointments. (300)
1. Approved Resolution Nos. 7249, 7250, 7251 acclaiming appointments to the Planning, Parks and Recreation, and Veterans Commissions.
Resolution No. 7249 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPOINTING THE FOLLOWING CITY ELECTORS: ROBERT MARTINEZ AND TOMMY ELISALDEZ TO
THE PLANNING COMMISSION FOR A ONE YEAR TERM SAID TO
EXPIRE DECEMBER 2023
Resolution No. 7250 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPOINTING THE FOLLOWING CITY ELECTORS: VANESSA MARTINEZ AND PATRICIA A. SAUCEDO
TO THE PARKS AND RECREATION COMMISSION FOR A ONE YEAR
TERM SAID TO EXPIRE DECEMBER 2023
Resolution No. 7251 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPOINTING THE FOLLOWING CITY ELECTORS: GIL PEREZ, RACHEL DURAN, PAUL CAMACHO
AND BOBBIE TANNER TO THE VETERANS COMMISSION FOR A ONE
YEAR TERM SAID TO EXPIRE DECEMBER 2023
7. Final Tract Map No. 74823 — 18 Residential Single -Family Home Development Located Between the Easterly Terminus of Burke Street and the San Gabriel River. (700)
1. Approved Resolution No. 7252 ratifying the Final Tract Map No. 74823 — 18 residential single -home development located between the easterly terminus of Burke Street and the San Gabriel River;
2. Approved the Final Tract Map as it conforms to the requirements in the Subdivision Map Act and previously approved Tentative Tract Map No. 74823;
3. Authorized the Interim Public Works Director or City Engineer to sign the Final Parcel Map; and
4. Authorized the City Clerk to sign and submit the Final Parcel Map for recordation with the Los Angeles County Registrar -Recorder's Office.
Resolution No. 7252 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPROVING THE FINAL TRACT MAP NO. 74823 TO ALLOW THE SUBDIVISION FOR CONSTRUCTION
OF EIGHTEEN SINGLE FAMILY RESIDENTIAL HOMES UNITS
LOCATED BETWEEN THE EASTERLY TERMINUS OF BURKE STREET
AND THE SAN GABRIEL RIVER
8. Mayoral Appointments. (300)
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1. Confirmed the Mayor's appointments to various Boards, Agencies and Committees.
9. Assembly Bill 361 Findings. (300)
1. Received and filed this report and made 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. Took such additional, related, action that may be desirable.
10. Second Quarter Treasurer's Report and the Monthly Investment Transaction Report as of December 31, 2022 — Fiscal Year 2022-2023. (700)
1. Received and filed the Treasurer's Report for the quarter ending December 31, 2022, which represents balances and activities for the second quarter (October through December) of the 2022-23 fiscal year; and
2. Received and filed the Treasurer's Monthly Investment Transaction Report as of December 31, 2022.
11. Development Impact Fee Report as of June 30, 2022. (700)
1. Received and filed the Development Impact Fee Report as of June 30, 2022.
12. Youth Center Renovation Project (CIP No. 50034) — Award Professional Services Agreement for Architect/Engineer Services. (500)
1. Awarded a Professional Services Agreement to Dahlin Group, Inc. to provide Architect/Engineer (A -E) services for design and construction support of the Youth Center Renovation Project, CIP No. 50034 for an amount not -to -exceed $62,000 and authorized the City Manager to execute the agreement in a form approved by the City Attorney; and
2. Amended the fiscal year (FY) 2022-23 adopted budget by increasing $92,088 in State of California grant revenues and appropriations for this project.
Agreement No. 23-2155
17. Budget Calendar — Biennial Budget Fiscal Year 2023-24 and 2024-25.
Fiscal Year
(500)
1. Received and filed the fiscal year (FY) 2023-24 and FY 2024-25 Budget Development Calendar.
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Water Authority:
13. Minutes:
• Approved Water Authority regular meeting of December 13, 2022
14. Approved Amendment No. 3 to Professional Services Agreement with AKM Consulting Engineers. (500)
1. Approved an amendment to AKM's Consulting Engineer's professional services agreement in a not -to -exceed amount of $18,240.
Agreement No. 21-53-3
Motion by Councilmember/Commissioner Dr. Sanchez, seconded by Mayor Pro TemNice President Lara to approve Consent Calendar Item Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 17. Motion carries by the following roll call vote:
AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
CONSENT CALENDAR ITEMS PULLED FOR FURTHER CLARIFICATION: None REGULAR AGENDA:
City Council:
15. Introduction and First Reading of Removal of Unauthorized Containers Provisions and Procedures Ordinance. (900)
City Manager Carmona stated that approval of this ordinance will give the City the authority to remove containers and give the City the opportunity to receive credits for the diversion rates to meet State mandates.
Motion by Mayor Pro Tem Lara, seconded by Councilmember Garcia to introduce and conduct the first reading of Ordinance No. 1168 adding Section 8.12.470 through
8.12.560 to Chapter 8.12, " Garbage and Rubbish," of Title 8, "Health and Safety," of the Pico Rivera Municipal Code, which will require a majority vote of the City Council.
Motion carries by the following roll call vote:
Ordinance No. 1168 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, ADDING SECTION 8.12.470 THROUGH 8.12.560 TO CHAPTER 8.12 OF TITLE 8 OF THE PICO
RIVERA MUNICIPAL CODE TO ESTABLISH THE REMOVAL OF
UNAUTHORIZED CONTAINERS PROVISIONS AND PROCEDURES IN
THE CITY OF PICO RIVERA (FIRST READING AND INTRODUCTION) AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
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16. Annual Comprehensive Financial Report, Fiscal Year Ending June 30, 2022 and Fiscal Year 2021-22 General Fund Year -End Results. (700) Assistant City Manager Garcia and Administrative Services Director Guo provided a presentation on the Fiscal Year (FY) 2021-22 Year -End Results which include the FY 2021-22 accomplishments, the general fund year-end results and revenues, year-end expenditures, and general fund balance.
Motion by Councilmember Dr. Sanchez, seconded by Councilmember Camacho to: 1) Receive and file the Annual Comprehensive Financial Report, fiscal year (FY) ending June 30, 2022; and 2) Approve Budget Transfers that allocate the FY 2021-22 Unassigned General Fund Balance of $87,913. Motion carries by the following roll call vote:
AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
CITY MANAGER/STAFF REPORTS
City Manager Carmona and Captain Hutak reported on the successful Pizza with a Cop event at Chuck E. Cheese.
GOOD OF THE ORDER (INTERGOVERNMENTAL AGENCY MEETINGS, AB 1234 REPORTS, NEW BUSINESS, OLD BUSINESS):
Mayor Pro Tem Lara commented on the Pico Rivera Donnas Cheer Squad winning the Championship at the JAMZ Nationals in Las Vegas. He reported on a meeting with El Rancho Unified School Board member Esther Mejia regarding a Safe Pathways program and requested to schedule a meeting with the El Rancho Unified School District to discuss the Safe Pathways program and the City's REACH program; seconded by Councilmember Garcia.
Councilmember Dr. Sanchez commented on the Pico Rivera Sheriff Station Toy Giveaway event, the Pico Rivera Christmas Baskets Committee Holiday Drive-Thru Food Giveaway, the American Legion Post 341 Toy Giveaway event and the Los Angeles County's upcoming Academic Decathlon where decathletes from El Rancho High School will be participating.
City Council reported on their attendance to the California Contract Cities Legislative Tour Conference.
Mayor Lutz reported on his attendance to the United States Conference of Mayors in Washington D.C. and his and Councilmember Garcia's attendance to the Senior Club Installations.
Recessed to Closed Session at 9:11 p.m.
ALL CITY COUNCIL MEMBERS WERE PRESENT
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Reconvened from Closed Session at 9:56 p.m.
ALL CITY COUNCIL MEMBERS WERE PRESENT
CLOSED SESSION(S):
a. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Designated Representative: City Manager Carmona, Human Resources Director Shirinian and Assistant City Manager Garcia
Employee Organizations: Service Employees International Union Local 721 Full- time, Part-time and Directors Units, and Confidential Employees Association City Attorney Alvarez-Glasman stated that City Council received a briefing, no final action was taken and that there was nothing further to report. b. PUBLIC EMPLOYEE EVALUATION
Pursuant to Government Code Section 54957(b)(1)
Title: City Manager
City Attorney Alvarez-Glasman stated that the City Council reviewed the first -year task in accordance with the current City Manager contract and that the City Manager will be receiving the first bonus in a unanimous vote. No final action was taken and there was nothing further to report.
ADJOURNMENT:
Mayor/President Lutz adjourned the City Council meeting at 9:57 p.m. in memory of Elion de Jesus Perez, John Gonzalez, and the recent shooting victims of Monterey Park. There being no objection it was so ordered.
AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
Erik Lutz, Mayor/
ATTEST:
Anna M. Jerome, City Clerk/Authority Secretary
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I hereby certify that the foregoing is a true and correct report of the proceedings of the City Council and Water Authority regular meeting dated January 24, 2023 and approved by the City Council/Water Authority on February 14, 2023.
Anna M. Jerome, ty Clerk/Authority Secretary