*Commissioners receive a $30.00 stipend per each meeting held and attended. .
Wednesday, May 31, 2023
Special Meeting 4:00 p.m.
Parks and Recreation Community Room
6767 Passons Boulevard
ROLL CALL:
Mayor:
Erik Lutz
Mayor Pro Tempore:
Andrew C. Lara
Councilmembers:
Gustavo V. Camacho
John R. Garcia
Dr. Monica Sanchez
INVOCATION:
PLEDGE OF ALLEGIANCE:
PUBLIC HEARING:
City Council:
1. Public Hearing – Urgency Ordinance No. 1169 – 10 Month, 15 Day Extension Per Government Code Section 65858 Placing a Moratorium on Specified Uses in the Commercial General (C-G) and Commercial Planned Development (CPD) Zone. (1300)
a) Open public hearing
b) Memo from City Manager
c) Written Communications
d) Oral Communications
e) Close public hearing
f) Recommendation:
1. Adopt by four-fifths (4/5) vote, an extension of ten (10) months and fifteen (15) days to Ordinance No. 1169 prohibiting specified uses in the Commercial General (C-G) and Commercial Planned Development (CPD); and
2. Determine that the Urgency Ordinance is exempt from the California Environmental Quality Act.
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). 05-31-2023 Agenda City Council Special Meeting
Urgency Ordinance No. ____ AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, EXTENDING URGENCY ORDINANCE NO. 1169 FOR A PERIOD OF 10 MONTHS, 15
DAYS PROHIBITING ANY NEW AUTOMOBILE LEASING AND RENTING,
AUTOMOBILE PARTS AND ACCESSORY, AUTOMOBILE INSURANCE,
MEDICAL AND DENTAL OFFICE, DISCOUNT CLOTHING AND SHOE
STORE (WAREHOUSE), DOLLAR STORE, DRUG STORE, PET SHOP
AND GROOMING, PICTURE FRAMES AND FRAMING, BARBERSHOPS
AND BEAUTY SALONS, NAIL SALONS, CELL PHONE REPAIR, TATTOO
SHOPS, AND PARTY RENTAL STORES IN THE COMMERCIAL
GENERAL (C-G) AND COMMERCIAL PLANNED DEVELOPMENT (CPD)
ZONE
PUBLIC COMMENTS:
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.
REGULAR AGENDA:
City Council:
2. Approve a Resolution Authorizing the Filing of an Application for the Land Water Conservation Fund Grant – Smith Park Aquatics Center Renovation Project. (700)
Recommendation:
1. Approve a resolution authorizing the filing of an application for grant funding for the Smith Park Aquatics Center Renovation Project through the Land Water Conservation Fund Grant (LWCF Grant) in the amount of $6,000,000; and
2. Authorize the City Manager to execute all documents necessary for the LWCF Grant submission and/or related agreement in a form approved by the City Attorney.
05-31-2023 Agenda City Council Special Meeting
Resolution No. ____ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPROVING THE SUBMITTAL
OF A GRANT APPLICATION TO THE STATE OF CALIFORNIA OFFICE
OF GRANTS AND LOCAL SERVICES FOR THE LAND AND WATER
CONSERVATION FUND FOR THE SMITH PARK AQUATICS CENTER
RENOVATION PROJECT
3. Approve a Resolution Authorizing the Filing of an Application for the Land Water Conservation Fund Grant – Kruse Road Property. (700) Recommendation:
1. Approve a resolution authorizing the filing of an application for grant funding for the Kruse Road property through the Land Water Conservation Fund Grant (LWCF Grant) in the amount of $6,000,000; and
2. Authorize the City Manager to execute all documents necessary for the LWCF Grant submission and/or related agreement in a form approved by the City Attorney.
Resolution No. ____ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPROVING THE SUBMITTAL
OF A GRANT APPLICATION TO THE STATE OF CALIFORNIA OFFICE
OF GRANTS AND LOCAL SERVICES FOR THE LAND AND WATER
CONSERVATION FUND FOR THE ACQUISITION OF 2.63 ACRES OF
CONTIGUOUS VACANT LAND LOCATED NORTH OF KRUSE ROAD
AND ADJACENT TO THE PICO RIVERA GOLF COURSE (APN: 8123- 014-054) FOR THE PURPOSE OF CREATING ADDITIONAL PARK
SPACE
ADJOURNMENT:
AFFIDAVIT OF POSTING
I, Cynthia Ayala, Jr. Deputy 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 Parks and Recreation Community Room and the Pico Rivera website www.pico-rivera.org which are available for the public to view on this 30th, day of May 2023.
Dated this 30th, day of May 2023
Cynthia Ayala
Jr. Deputy City Clerk
05-31-2023 Agenda City Council Special Meeting
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.
STATEMENT REGARDING DECORUM AT CITY COUNCIL MEETINGS
If you wish to speak at the time set aside for public comments, the City Council has established the following standards and Rules of Decorum as allowed by State law. • Public comment is limited to those portions of the meeting referred to as Public Comments. These portions are intended for members of the public to address the City Council, Successor Agency, Housing Assistance Agency or Water Authority on matters related to agendas or any other items under the subject matter jurisdiction of the City Council or Agencies. Please fill out the desired color-coded card prior to the start of the meeting at 6:00 p.m. Once the meeting has begun, no further cards will be accepted. • A yellow Public Hearing Comment Request card must be completed to speak during a Public Hearing.
• A green Public Comment Request – Card is for those wishing to address the Council/Agency on agenda items or any other items under the subject jurisdiction of the City Council/Agency.
• Citizens may address the Council, Successor Agency or Housing Assistance Agency once for a maximum of three minutes. After each speaker returns to his/her seat, the Mayor shall determine the time and manner of response, but typically if answers are available, they will be given after all speakers have had an opportunity to address the City Council.
• Members of the audience are asked to refrain from clapping or otherwise speaking from their seats. Those not meeting the standards for decorum may be escorted from the meeting.
RULES OF DECORUM CAN BE FOUND IN THE PICO RIVERA MUNICIPAL CODE SECTION
2.08.050 AS ESTABLISHED BY ORDINANCE 783 ADOPTED ON AUGUST 20, 1990 AND AMENDED BY ORDINANCES 822 (SEPTEMBER 21, 1992) AND 1020 (MARCH 21, 2006).
To: Mayor and City Council
From: City Manager
Meeting Date: May 31, 2023
Subject: PUBLIC HEARING – URGENCY ORDINANCE NO. 1169 –
10 MONTH, 15 DAY EXTENSION PER GOVERNMENT
CODE SECTION 65858 PLACING A MORATORIUM ON
SPECIFIED USES IN THE COMMERCIAL GENERAL (C-G)
AND COMMERCIAL PLANNED DEVELOPMENT (CPD)
ZONE
Recommendation:
1. Adopt by four-fifths (4/5) vote, an extension of ten (10) months and fifteen (15) days to Ordinance No. 1169 prohibiting specified uses in the Commercial General (C-G) and Commercial Planned Development (CPD); and
2. Determine that the Urgency Ordinance is exempt from the California Environmental Quality Act.
Fiscal Impact:
There is no fiscal impact to the General Fund associated with the adoption of the urgency ordinance.
Background:
On April 25, 2023 the City Council of the City of Pico Rivera (City) adopted Urgency Ordinance No. 1169 establishing a 45-day moratorium on any new automobile leasing and renting, automobile parts and accessory, automobile insurance, medical & dental office, discount clothing and shoe store (warehouse), dollar store, drug store, pet shop and grooming, picture frames and framing, barbershops and beauty salons, nail salon, cell phone repair, tattoo shops, and party rental stores in the Commercial General (C-G) and Commercial Planned Development (CPD) zone. The purpose of the moratorium was to allot City staff time to conduct research, determine the impacts to the community and mitigate the impacts caused by the subject uses. Staff is requesting additional time 1 SPECIAL CITY COUNCIL AGENDA REPORT – MEETING OF MAY 31, 2023 PUBLIC HEARING – URGENCY ORDINANCE NO. 1169 – 10 MONTH, 15 DAY EXTENSION PER GOVERNMENT CODE SECTION 65858 PLACING A
MORATORIUM ON SPECIFIED USES IN THE COMMERCIAL GENERAL (C-G) AND
COMMERCIAL PLANNED DEVELOPMENT (CPD) ZONE
of ten (10) months and fifteen (15) days per Government Code Section 65858, for a total of a one-year moratorium.
On May 9, 2023, the City Council received and filed a report by City staff outlining the research conducted to date. Government Code Sections 36937 and 65858 allow the City to extend the 45-day ordinance for a period of ten (10) months and fifteen (15) days after notice and public hearing. Following a first extension, the statute allows the City to extend the urgency ordinance a second time, for an additional one-year period for a total of two (2) years.
Discussion:
Pursuant to Government Code Section 65858, Urgency Ordinance No. 1169 took effect for 45 days and will expire on June 9, 2023, unless extended by the City Council.
The subject uses are considered by staff as low performing and cause unintended consequences that may have detrimental effects to the community. There are ongoing inquiries into the establishment of the uses and a moratorium is necessary to allot time to study further. There are detrimental effects to neighborhoods including maintenance of property, over proliferation, circulation, security, maintenance, noise, and possible economic impacts.
The uses listed in Title 18, Zoning are outdated and are in the process of being updated via a code update. However, the code updated is expected to be completed within one (1) year and it is of utmost importance that a moratorium take place now for the uses listed within the existing code and uses not specifically listed or defined. The uses not specifically defined may fall under a broader category such as retail. For purposes of the urgency ordinance, the following uses shall have the following general and ordinary meaning, commonly associated with its use.
a) Medical Office - a place for the practice of physiotherapy or medical, dental, optical, psychoanalytical, osteopathic, or chiropractic professions of over 1,000 square feet.
b) Shoe Store (Warehouse} - establishments engaged in the sale of footwear, including athletic footwear.
c) Discount Clothing Store - a retail store that sells products at prices lower than those by traditional retail outlets of over 1,000 square feet. d) Dollar Store - a store that sells inexpensive items priced usually at a dollar or a few dollars.
SPECIAL CITY COUNCIL AGENDA REPORT – MEETING OF MAY 31, 2023 PUBLIC HEARING – URGENCY ORDINANCE NO. 1169 – 10 MONTH, 15 DAY EXTENSION PER GOVERNMENT CODE SECTION 65858 PLACING A
MORATORIUM ON SPECIFIED USES IN THE COMMERCIAL GENERAL (C-G) AND
COMMERCIAL PLANNED DEVELOPMENT (CPD) ZONE
e) Party Rental - A retail store that provides tables, chairs, tents, linens, decorations, and other miscellaneous supplies for various indoor and outdoor events such as parties for birthdays, retirements, and graduations of over 1,000 square feet.
f) Cell Phone Repair Shop - a business that primarily repairs and maintains cell phones and cell phone cases.
g) Tattoo Shops - Any place or establishment where tattooing or body piercing is made available.
h) Nail Salons - Any commercial establishment where nail care is offered or practiced on a regular basis for compensation.
i) Automobile Insurance business - any business that provides automobile policy insurance.
Since April 25, 2023, staff has been in the process of the following:
1. Analyzing all impacts of the existing land uses including the detrimental effects of traffic, noise, over proliferation, economic impacts, circulation, security, noise, and lack of maintenance.
2. Creating a list of all the existing land uses currently prohibited under the moratorium.
3. Creating a list of interested parties, stakeholders, and residents to engage in the community input process by way of community meetings and City study sessions.
4. Creating a focus group that includes staff from the City’s Engineering Division, Building and Code Enforcement Division to review the impacts of the interim ordinance and future potential development standards.
5. Creating a handout to educate potential developers on the moratorium and possible new development standards that may mitigate impacts to facilitate the approval process.
6. Reviewing regulations in surrounding cities to determine adopted codes, taxes and fees implemented and the impacts on their respective communities.
7. Studying the impacts of the specified uses in commercial versus industrial zones where impacts may be minimized.
8. Reviewing the City’s General Plan to determine whether the specified land uses are consistent with the General Plan’s adopted goals and policies.
Environmental Analysis:
This urgency ordinance is not subject to CEQA under the general rule set forth in Section SPECIAL CITY COUNCIL AGENDA REPORT – MEETING OF MAY 31, 2023 PUBLIC HEARING – URGENCY ORDINANCE NO. 1169 – 10 MONTH, 15 DAY EXTENSION PER GOVERNMENT CODE SECTION 65858 PLACING A
MORATORIUM ON SPECIFIED USES IN THE COMMERCIAL GENERAL (C-G) AND
COMMERCIAL PLANNED DEVELOPMENT (CPD) ZONE
15061(b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment. For the reasons set forth in subparagraphs (a) and (b) above, it can be seen with certainty that there is no possibility that this urgent ordinance will have a significant effect on the environment. The urgency ordinance is also categorically exempt for CEQA under Section 15308 of the CEQA Guidelines as it is a regulatory action taken by the City pursuant to its police power and, according with Government Code Section 65858, to assure the maintenance and protection of the environment and adoption of contemplated local legislation, regulation, and policies.
Conclusion:
Staff recommends that the City Council extend Urgency Ordinance No. 1169 for ten (10) months, fifteen (15) days per Government Code Section 65858. If approved, Urgency Ordinance No. 1169 would expire on March 11, 2024, unless terminated or superseded by the adoption of new zoning regulations.
Steve Carmona
SC:AB:JG
Enclosures: 1) Urgency Ordinance (Extension)
2) Urgency Ordinance No. 1169
3) Public Notice
URGENCY ORDINANCE NO. ____
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, EXTENDING URGENCY ORDINANCE NO. 1169 FOR A PERIOD OF 10 MONTHS, 15 DAYS PROHIBITING ANY NEW AUTOMOBILE LEASING AND
RENTING, AUTOMOBILE PARTS AND ACCESSORY, AUTOMOBILE INSURANCE,
MEDICAL AND DENTAL OFFICE, DISCOUNT CLOTHING AND SHOE STORE (WAREHOUSE), DOLLAR STORE, DRUG STORE, PET SHOP AND GROOMING,
PICTURE FRAMES AND FRAMING, BARBERSHOPS AND BEAUTY SALONS, NAIL
SALON, CELL PHONE REPAIR, TATTOO SHOPS, AND PARTY RENTAL STORES
IN THE COMMERCIAL GENERAL (C-G) AND COMMERCIAL PLANNED
DEVELOPMENT (CPD) ZONE.
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to make and enforce laws within its limits all local, police, sanitary, and other ordinances, and regulations not in conflict with general laws; and
WHEREAS, without well-planned neighborhoods and commercial corridors, sections of the City can quickly deteriorate, with consequences to social, environmental and economic value; and
WHEREAS, the City desires to create guidelines and/or development standards for subject specified commercial land uses to better incorporate such uses within the community; and
WHEREAS, the city requires additional time to properly assess the number of and repercussions associated with having an over-proliferation of specified commercial uses; and
WHEREAS, there are certain commercial land uses in the Commercial-General (CG) and Commercial Planned Development (CPD) zone within Chapter 18.40, Land Use Regulations, of the Pico Rivera Municipal Code that are considered low performing commercial uses that may have negative consequences to the surrounding community and do not require an entitlement and are allowed by-right; and WHEREAS, there is an immediate thereat to the public health, safety and welfare of the community as the subject establishments locate in the City without proper regulations in place, and, absent the adopting of this extension of Interim Urgency Ordinance, it is likely that the establishment or operation of the subject uses without appropriate controls in place to regulate their impacts on the community will result in harmful effects to businesses, property owners and resident so the City; and WHEREAS, on April 25, 2023 the City Council placed a 45-day moratorium (Urgency Ordinance No. 1169) prohibiting any new automobile leasing and renting, automobile parts and accessory, automobile insurance, medical & dental office, discount clothing and shoe store (warehouse), dollar store, drug store, pet shop & grooming, picture frames and framing, barbershops and beauty salons, nail salon, cell Enclosure 1
1a
URGENCY ORDINANCE NO. ____
phone repair, tattoo shops, and party rental in the Commercial General (C-G) and Commercial Planned Development (CPD) zone; and
WHEREAS, the City continues to receive inquiries and permit applications from prospective businesses interested in the above referenced use; and WHEREAS, on May 9, 2023, the City Council received and filed a report per Government Code Section 65858 (d), describing the measures taken to alleviate the condition which led to the adoption of the moratorium; and WHEREAS, on May 12, 2021 a public notice was published in Los Cerritos News describing the City’s intent to extend the existing moratorium; and WHEREAS, if adopted Urgency Ordinance No. ____ will be in effect for 10 months 15 days and shall expire on March 11, 2024 unless further extended.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Pico Rivera as follows:
SECTION 1. The recitals above are true and correct and incorporated herein as part of the findings.
SECTION 2. This urgency ordinance is exempt from California Environmental Quality Act (CEQA) Guidelines based on the following findings:
a) This urgency ordinance is not a project within the meaning of Section 15061 (b) (3) of the CEQA Guidelines because it has no potential of resulting in a physical change in the environment, directly or indirectly, by preserving the status quo.
This urgency ordinance in no way authorizes or approves any specific project within the City.
b) This urgency ordinance is categorically exempt for CEQA under Section 15308 of the CEQA Guidelines as it is a regulatory action taken by the City pursuant to its police power and according with Government Code Section 65858, to assure maintenance and protection of the environment and adoption of contemplated local legislation, regulation and policies.
c) This urgency ordinance is not subject to CEQA under the general rule set forth in Section 15061(b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment. For the reasons set forth in subparagraphs (1) and (2) above, it can be seen with certainty that there is no possibility that this urgency ordinance will have a significant effect on the environment.
URGENCY ORDINANCE NO. ____
SECTION 3. In accordance with the authority granted pursuant to Government Code Section 65858, from and after the effective date of this urgency ordinance, no person, partnership, corporation, or other entity shall commence a new automobile leasing and renting, automobile parts and accessory, automobile insurance, medical & dental office, discount clothing and shoe store (warehouse), dollar store, drug store, pet shop & grooming, picture frames and framing, barbershops and beauty salons, nail salon, cell phone repair, tattoo shops, and party rental business in the Commercial General (C-G) and Commercial Planned Development (CPD) zone.
SECTION 4. The uses listed below shall be defined as follows for the purposes of this urgency ordinance. Though these uses could be interpreted as falling under other broader existing categories of uses under the Zoning Code, for the purpose of this urgency ordinance and the moratorium enacted hereunder and any extensions thereof, they shall be treated as distinct and separate uses from such broader categories. Any use included in this urgency ordinance that is not defined within this section, unless otherwise defined in Title 18, Zoning, of the Pico Rivera Municipal Code, shall be given the plain, ordinary meaning, commonly associated with its use. a) Medical Office - a place for the practice of physiotherapy or medical, dental, optical, psychoanalytical, osteopathic, or chiropractic professions of over 1,000 square feet.
b) Shoe Store (Warehouse} - establishments engaged in the sale of footwear, including athletic footwear.
c) Discount Clothing Store - a retail store that sells products at prices lower than those by traditional retail outlets of over 1,000 square feet. d) Dollar Store - a store that sells inexpensive items priced usually at a dollar or a few dollars.
e) Party Rental - A retail store that provides tables, chairs, tents, linens, decorations and other miscellaneous supplies for various indoor and outdoor events such as parties for birthdays, retirements and graduations of over 1,000 square feet. f) Cell Phone Repair Shop - a business that primarily repairs and maintains cell phones and cell phone cases.
g) Tattoo Shops - Any place or establishment where tattooing or body piercing is made available.
h) Nail Salons - Any commercial establishment where nail care is offered or practiced on a regular basis for compensation.
i) Automobile Insurance business - any business that provides automobile policy insurance.
SECTION 5. Urgency Ordinance No. 1169 was enacted pursuant to Sections 36934 and 65858 of the Government Code of the State of California, and in accordance therewith, shall be of no further force and effect 10 months 15 days after the adoption of this urgency ordinance unless extended in accordance with Section 65858 of the Government Code. The City Council hereby finds, based on oral and written reports, URGENCY ORDINANCE NO. ____
determines and declares that the immediate preservation of the public peace, health, safety and welfare necessitates the enactment of this ordinance as an urgency ordinance.
The City Council further finds there is a current and immediate threat to public health, safety and welfare necessitating the adoption of this urgency ordinance as an Urgency Interim Zoning Ordinance under Section 65858. Said findings are as follows:
a) There are no existing regulations within the City of Pico Rivera that addresses the location, number of, or entitlement requirements for new automobile leasing and renting, automobile parts and accessory, automobile insurance, medical & dental office, discount clothing and shoe store (warehouse), dollar store, drug store, pet shop & grooming, picture frames and framing, barbershops and beauty salons, nail salon, cell phone repair, tattoo shops, and party rental business in the Commercial General (C-G) and Commercial Planned Development (CPD) zone. b) It is necessary to study the adoption of amendments to the City’s Municipal Code and Zoning Ordinance to implement reasonable development standards, regulations, and land use review in order to understand and address impacts of the subject uses in Commercial General (C-G) and Commercial Planned Development (CPD) zones.
c) As a result of the type of land use, outdated regulations, over-proliferation, economic impacts, circulation, noise, security, or lack thereof, siting, or maintenance of the subject uses in the Commercial General (C-G) and Commercial Planned Development (CPD) zones have the potential of having a source of high intensity impacts resulting in the creation of a public nuisance. d) The City of Pico Rivera is experiencing inquiries for the subject uses in the General Commercial (C-G) and Commercial Planned Development (CPD) zones which if approved would frustrate the purpose of study.
e) The City of Pico Rivera requires time to study the impacts of the subject uses, which if approved could result in deleterious effects on the public health, safety and welfare.
f) The potential development of the identified land uses within the aforementioned zones prior to the completion of the City’s study may have negative impacts to the surrounding community in terms of economic impacts, maintenance, circulation, noise, and security and pose an immediate threat to the public’s health, safety, and welfare.
g) The best method of protecting public safety, health and welfare is to create development standards and regulations concerning the development, location, and operation of the subject uses.
URGENCY ORDINANCE NO. ____
h) If Urgency Ordinance No. 1169 is not extended immediately, additional businesses will be established which are contrary to the orderly, planned and coordinated development and future use of properties within the City of Pico Rivera because there are currently no specific zoning regulations, entitlements, business permits or other special regulations regulating the establishment, location and operation.
SECTION 6. This moratorium shall not prohibit the following:
a) The renewal of a business license for an existing establishment as stated in section 4 (a) provided that the renewal seeks to maintain the establishment in its current location, and the establishment is operating in the same manner without any expansion or intensification of the use, and is housed within a building, which complies with all City, State, federal or otherwise applicable, codes rules, regulations.
b) The issuance of permits for maintenance or repairs.
SECTION 7. In order to protect the public health, safety and welfare it is necessary to enact this urgency ordinance as an urgency measure to go into effect immediately upon its adoption, and that to enact this urgency ordinance after giving notice, holding public hearings and two readings thereof, and thereafter to await thirty days for said urgency ordinance to become effective, will be detrimental to the public health, safety and welfare, in that during the interim period further such establishments may be situated without the benefit of proper criteria and regulations. It is therefore necessary that this urgency ordinance go into effect immediately upon adoption.
SECTION 8. The City Council hereby declares that it would have passed this urgency ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that the provisions of this urgency ordinance are severable, and if, for any reason, any sentence, paragraph or section of this urgency ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this urgency ordinance.
SECTION 9. No person shall violate any provision or fail to comply with any of the requirements of this urgency ordinance, and any person violating any provision, or failing to comply with any provision of this urgency ordinance is guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this urgency ordinance shall be punished by a fine of not more than $1,000 or by imprisonment in the City or County Jail for a period not exceeding one year, or by both such fine and imprisonment.
SECTION 10. The City Clerk shall certify the adoption of this urgency ordinance and shall cause the same to be published or posted as prescribed by law. This urgency ordinance shall take effect immediately upon its adoption. This urgency ordinance shall be effective for a period of 10 months and 15 days unless extended pursuant to California URGENCY ORDINANCE NO. ____
Government Code Section 65858.
APPROVED AND ADOPTED this 31st day of May 2023.
___________________________
Erik Lutz, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Cynthia Ayala, Jr. Deputy City Clerk Arnold Alvarez-Glasman, City Attorney
STATE OF CALIFORNIA )
)§
COUNTY OF LOS ANGELES )
I, Cynthia Ayala, Jr. Deputy City Clerk of the City of Pico Rivera, do hereby certify that the foregoing Urgency Ordinance No. ____ was adopted at a special meeting of the City Council of the City of Pico Rivera, held on Wednesday, May 31, 2023, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Cynthia Ayala, Jr. Deputy City Clerk
0 n
n
URGENCY ORDINANCE NO. 1169
AN URGENCY ORDINANCE OF THE. CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, ADOPTING A 45-DAY MORATORIUM
PROHIBITING ANY NEW AUTOMOBILE LEASING AND RENTING,
AUTOMOBILE PARTS AND ACCESSORY, AUTOMOBILE INSURANCE,
MEDICAL & DENTAL OFFICE, DISCOUNT CLOTHING AND SHOE
STORE (WAREHOUSE), DOLLAR STORE, DRUG STORE, PET SHOP &
GROOMING, PICTURE FRAMES AND FRAMING, BARBERSHOPS AND
BEAUTY SALONS, NAIL SALON, CELL PHONE REPAIR, TATTOO
SHOPS, AND PARTY RENTAL
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to make and enforce laws within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, without well-planned neighborhoods, sections of the City can- quickly deteriorate, with consequences to social, environmental and economic value; and WHEREAS, the City desires to create guidelines and/or development standards for subj~ct specified commercial land uses to better incorporate such uses within the community; and ·
WHEREAS, the City requires time to properly assess the number of and repercussions associated with having an over-proliferation of specified commercial uses; and
WHEREAS, there are certain commercial land uses in the Commercial-General (CG) and Commercial Planned Development (CPD) zone within Chapter 18.40, Land Uses Regulations of the Pico Rivera Municipal Code that are considered low performing commercial uses that may have negative consequences to the surrounding community and do not require an entitlement and are allowed by-right; and WHEREAS, the City continues to receive inquiries and permit applications from prospective businesses interested in subject commercial uses; and WHEREAS, there is an immediate threat to the public health, safety and welfare of the community as the subject establishments locate in the City without proper regulations in place, and, absent the adoption of this Interim Urgency Ordinance, it is likely that the establishment or operation of the subject uses without appropriate controls in place to regulate their impacts on the community will result in harmful effects to businesses, property owners and residents of the City; and
WHEREAS, the City Council finds a current and immediate threat to the public health, safety, and welfare would result if the City of Pico Rivera issues permits, business licenses, or other applicable licenses for the establishment Enclosure 2
1b
URGENCY ORDINANCE NO. 1169
of new automobile leasing and renting, automobile parts and accessory, automobile insurance, medical & dental office, discount clothing and shoe store (warehouse), dollar store, drug store, pet shop & grooming, picture frames and framing, barbershops and beauty salons, nail salon, cell phone repair, tattoo shops, and party rental in the Commercial-'General (C-G) and Commercial Planned Development (CPD) zone prior to the city's study of impacts; and
WHEREAS, the City seeks a moratorium on the establishment of new automobile leasing and renting, automobile leasing and renting, automobile parts and accessory, automobile insurance, medical & dental office, discount clothing and shoe store (warehouse), dollar store, drug store, pet shop & grooming, picture frames and framing, barbershops and beauty salons, nail salon, cell phone repair, tattoo shops, and party rental stores in the Commercial-General (C-G) and Commercial Planned Development (CPD) zone to provide the City time to study and plan its approach to the subject uses.
NOW THEREFORE, BE IT ORDAINED, by the City Council ofthe City of Pico Rivera as follows:
n
SECTION 1. In accordance with the authority granted pursuant to Government n Code Section 65858, from and after the effective date of this Ordinance, no person, partnership, corporation, or other entity shall commence doing business as, or operations of new automobile leasing and renting, automobile parts and accessory, automobile insurance, medical & dental office, discount clothing and shoe store (warehouse), dollar store, drug store, pet shop & grooming, picture frames and framing, barbershops and beauty salons, nail salon, cell phone repair, tattoo shops, and party rental stores.
SECTION 2. This ordinance is exempt from California Environmental Quality Act (CEQA) Guidelines based on the following findings:
a) This ordinance is not a project within the meaning of Section 15061 (b)(3) of the CEQA Guidelines because it has no potential of resulting in a physical change in the environment, directly or indirectly.
b) This ordinance is categorically exempt for CEQA under Section 15308 of the CEQA Guidelines as it is a regulatory action taken by the City pursuant to its police power and according with Government Code Section 65858, to assure maintenance and protection or the environment and adoption of contemplated local legislation, regulation, and policies.
c) This ordinance is not subject to CEQA :under the general rule set forth in Section 15061(b)(3) of the CEQA Guidelines that CEQA only applies to projects n which have the potential for causing a significant effect on the environment. For the reasons set forth in subparagraphs (a) and (b) above, it can be seen with D
n
D
URGENCY ORDINANCE NO. 1169
certainty that there is no po$sibility that this ordinance will have a significant effect on the environment.
SECTION 3. The uses listed below shall be defined as follows for the purposes of this Ordinance. Though these uses could be interpreted as falling under other broader existing categories of uses under the Zoning Code, for the purposes of this Ordinance and the moratorium enacted hereunder and any extensions thereof, they shall be treated as distinct and separate uses from such broader categories. Any use included in this Ordinance that is not defined within this section, unless otherwise defined in Title 18 of the Pico Rivera Municipal Code, shall be given the plain, ordinary meaning, commonly associated with its use.
a} Medical Office - a place for the practice of physiotherapy or medical, dental, optical, psychoanalytical, osteopathic, or chiropractic professions of over 1,000 square feet.
b) Shoe Store (Warehouse} - establishments engaged in the sale of footwear, including athletic footwear.
c} Discount Clothing Store - a retail store that sells products at prices lower than those by traditional retail outlets of over 1,000 square feet. d) Dollar Store - a store that sells inexpensive items priced usually at a dollar or a few dollars.
e) Party Rental - A retail store that provides tables, chairs, tents, linens, decorations and other miscellaneous supplies for various indoor and outdoor events such as parties for birthdays, retirements and graduations of over 1,000 square feet.
f} Cell Phone Repai_r Shop - a business that primarily repairs and maintains cell phones and cell phone cases.
g} Tattoo Shops - Any place or establishment where tattooing or body piercing is made available.
h) Nail Salons - Any commercial establishment where nail care is offered or practiced on a regular basis for compensation.
i) Automobile Insurance business - any business that provides automobile policy insurance.
SECTION 4. This Ordinance is an Interim Zoning Ordinance en;;lcted pursuant to Sections 36934 and 65858 of the Government Code of the State of California, and in accordance therewith, shall be of no further force and effect forty-five (45) days after the adoption of this Ordinance unless extended in accordance with Section 65858 of the Government Code . . The City Council hereby finds, based on oral and written reports, detem1ines and declares that the immediate preservation of the public peace, health, safety and welfare necessitates the enactment of this Ordinance as an urgency ordinance . .
The City Council further finds there is a current and immediate threat to public: health, safety and welfare necessitating the adoption of this Ordinance as an Interim Zoning Ordinance under Section 65858. Said findings are as follows:
URGENCY ORDINANCE NO. 1169
a) There are no regulations within the City of Pico Rivera that address the location of or regulations for automobile leasing and renting, automobile parts and accessory, automobile insurance, medical & dental office, discount clothing and shoe store (warehouse), dollar store, drug store, pet shop & grooming, picture frames and framing, barbershops ang beauty salons, nail salon, cell phone repair, tattoo shops, and party rental store.
b) It is necessary to study the adoption of amendments to the City's Municipal Code and Zoning Ordinance in order to address impacts of new automobile leasing and renting, automobile parts and accessory, automobile insurance;- medical & dental office, discount clothing and shoe store (warehouse), dollar store, drug store, pet shop & grooming, picture frames and framing, barbershops and beauty salons, nail salon, cell phone repair, tattoo shops, and party rental stores in the CommercialGeneral (C-G) and Commercial Planned Development (CPD) zone. c) The City of Pico Rivera is receiving inquiries and experiencing current application(s) for automobile leasing and renting, automobile parts and accessory, automobile insurance;- medical & dental office, discount clothing and shoe store (warehouse), n
dollar store, drug store, pet shop & grooming, picture frames and framing, n barbershops and beauty salons, nail salon, cell phone repair, tattoo shops, and party rental stores in the Commercial-General (C-G) and Commercial Planned Development (CPD) zone which, if approved, would frustrate the purpose of study. d) The City of Pico Rivera requires time to study the impacts of subject establishments allowed by-right which, if approved, would result in deleterious effects on the public health, safety and welfare.
e) The continued establishment of automobile leasing and renting, automobile parts and accessory, automobile insurance, medical & dental office, discount clothing and shoe store (warehouse), dollar store, drug store, pet shop & grooming, picture frames and framing, barbershops and beauty salons, nail salon, cell phone repair, tattoo shops, and party rental stores in the Commercial-General (C-G) and Commercial Planned Development (CPD) zone may result in displacement and of quality development that have less impacts to the surrounding community. f) Issuing a business license or building permit for new automobile leasing and renting, automobile parts and accessory, automobile insurance; medical & dental office, discount clothing and shoe store (warehouse), dollar store, drug store, pet shop & grooming, picture frames and framing, barbershops and beauty salons, nail salon, cell phone repair, tattoo shops, and party rental stores in the CommercialGeneral (C-G) and Commercial Planned Development (CPD) zone prior to the completion of the City's study of the impacts of such rapilities poses a current and immediate threat to the public health, safety and welfare. n n
n
n
URGENCY ORDINANCE NO. 1169
g) The best method of protecting public safety, health and welfare is to create regulations concerning location and .operation of new uses. h) If an urgency interim zoning ordinance is not adopted immediately, additional businesses will .be established which are contrary to the orderly, planned and coordinated development and future use of properties within the City of Pico Rivera because there are currently no specific zoning regulations, entitlements, business permits or other special regulations regulating the establishment, location and operation. \
i) Policy 7.3-3, Gomrnercfal Uses of the General Plan encourages the City to "identify and proactjvely recruit new high-quality commercial uses, specialty stores and sitdown restaurants that e~p~r::icLthe diversity of retail and service offerings, increase generation of sales tax, and enhance visitor amenities" and without proper regulations_ in place maY deter such land uses.
SECTION 5. This moratorium shall not prohibit the following: ~•.,..•-•-v_, a) The renewal of a business license for an existing establishmentc"~f-~a~~J~;~----. .,_ Section 4(a). provided that the renewal seeks to maintain the estaJ>l!~~-eri!JfJ it~() \ _ cu~rent location, and the establishment is operating in the sam~\:.rnc:1nner,-·anct-is ...,.(. ·:
housed within a building, which complies with all City, Stat~> federal or. :j ~ otherwise applicable, codes rules, regulations. : __ -2,, = - _ '"-; :
b) The issuance of permits for emergency or emergency related repa~-~~- SECTION 6. In order to protect the public health, safety and welfare it is necessary to enact this Ordinance as an urgency measure to go into effect immediately upon its adoption, and that to enact this Ordinance after giving notice, holding public hearings and two readings thereof, and thereafter to await thirty days for said Ordinance to become effective, will be detrimental to the public health, safety and welfare, in that during the interim period further such establishments may be situated without the benefit of proper criteria and regulations. It is therefore necessary that this Ordinance go into effect immediately upon adoption.
SECTION 7. The City Council hereby declares that it woul_d have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that the provisions of this Ordinance are severable, and if, for any reason, any sentence, paragraph or section of this ordinance shall be held .. in_v~lt~;)ucb decision shall not affect the validity of the remaining parts of this Ordinance:_.---·<., '2~ :./ ~~"'--:_ .: :......._\. . ::~::- . ../ \
SECTION 8. No person shall violate any provision or fail to g>mpli°with. any of tile~ -\ requirements of this ordinance, and any person· violating any provision, or faffing to ~mply~ := with any provision of this ordinance is guilty of a misdemeanor. Any pers·q~_convicted of~-:'·_ · --~/ · .-, - •I /••J ,.. .• \ ,... . - ... J •J= '--I. ""\ • ...
URGENCY ORDINANCE NO. 1169
misdemeanor under the provisions of this ordinance shall be punished by a fine of not more than $1,000 or by imprisonment in the City or County Jail for a period not exceeding one (1) year, or by both such fine and imprisonment.
SECTION 9. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be published or posted as prescribed by law. This Ordinance shall take effect immediately upon its adoption. This Ordinance shall be effective for a period of 45 days unless extended pursuant to California Government Code Section 65858.
APPROVED AND ADOPTED this 25th day of April 2023
APPROVED AS TO FORM:
L,L
. Alva'rez-Glasman, City Attorney
I, Cynthia Ayala, Jr. Deputy City Clerk of the City of Pico Rivera, do hereby certify that the foregoing Ordinance No. 1169 was adopted at a regular rrie~ting of the City Council of the City of Pico Rivera, held on Tuesday, April 25, 2023, with the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Camacho, Garcia, Lara, Sanchez, Lutz
None
None
None
D
n
To:
From:
Meeting Date:
Subject:
C IT Y C OU N CI L.
Mayor and City Council
City Man~ger
April 25, 2023
ACENDA REPORT
URGENCY ORDINANCE - MORATORIUM PROHIBITING
THE ESTABLISHMENT OF SPECIFIED COMMERCIAL
USES IN THE COMMERCIAL-GENERAL (C-G) ZONE
Recommendation:
1. Adopt by four-fifths (4/5ths) vote, an urgency ordinance moratorium, prohibiting the establishment of specific commercial .uses in the Commercial-General (C-G) Zone;and
2. Determine that the, amendments are exempt from the California Environmental Quality Act.
Fiscal Impact:
The moratorium is not anticipated to have any direct fiscal impact to the General Fund.
Background:
City staff is conducting an analysis to determine whether there currently exists an adverse effect and/or over-proliferation of certain types of commercial uses in the General Commercial (C-G) Zone. Without proper study, the City may be forfeiting land uses that are desired by the community or may have a preferable economic effect in the Tegion. Staff has found that many l~nd uses listed in the Pico Rivera Municipal Code ar~ either outdated, non-existent or allowed by-right without the 'benefit of an entitlement such as Conditional Use Permit or Precise Plan of Design application per the Pico Rivera Municipal Code. The uses under ~valuation are considered by staff as low performing and may not be in the best interest of the community. In light of these factors, the City continues to receive inquiries and permit applications from prospective businesses interested in the specified commercial uses. Therefore, without appropriate land use and planning regulations, tbi~ moratorium is necessary for the immediate preservation of public peace, health, and safety.
Analysis
The City has recently received several inquiries for commercial land uses in key intersections and locations that are not desirable by the community, may have unintended consequences, be overproliferated and prohibit other diverse range of 6 CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 25, 2023
URGENCY ORDINANCE - MORATORIUM PROHIBITING THE ESTABLISHMENT OF SPECIFIED COMMERCIAL USES IN THE COMMERCIAL-GENERAL (C,.G) ZONE PAGE2OF3
business activities from establishing. Economic Development staff have been actively pursuing quality development that is desired by Pico Rivera residents, would better serve the community and have a positive economic impact. Staff has found that certain land uses, an~ their respective property owner~ locate into specific properties but do not have pride of ownership .and let their commercial uses become blighted. Some of these uses are found in key locations and intersections and thereby encourage other undesirable land uses that further spiral blighted conditions. As such, staff is recommending that the City Council adopt the moratorium to further identify similar commercial uses and to allot Economic Development staff time to " ... proactively recruit new high,..quality commercial uses, specialty stores and sit-down restaurants that expand the diversity of retail and service offerings and increase generation of sales tax arid enhance visitor amenities" as identified by Policy 7;3-3 of the Pico Rivera General Plan.
The following is a list of commercial uses that may have an over proliferation or havE;! unintended consequenGes in the General Commercial (C-G) zone:
1. Automobile leasing and renting
2. Automobile parts and accessory
3. Automobile Insurance
4. Medical office & dental office of over 1,000 square feet
5. Discount clothing store of over 1,000 square feet
6. Shoe Store (Warehouse)
7. Dollar Store
8. Drug store
9. Pet shop and grooming
10. Picture frames and framing
11. Barbershops and beauty salons
12. Nail salons
13. Cell Phone Repair
14. Tattoo Shops
15. Party Rental of over 1,000 square feet
The moratorium would not prohibit:
• The renewal of a business license for an existing cornmercial land use as specified above that seek to maintain the establishment in its current location, in a manner, and housed within a building, which complies with all City, state, federal or otherwise applicable, codes, rules, regulations or laws; and • Issuance of permits for emergency and emergency-related repairs.
CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 25, 2023
URGENCY ORDINANCE- MORATORIUM PROHIBITING THE ESTABLISHMENT OF
SPECIFIED COMMERCIAL USES IN THE COMMERCIAL-GENERAL (C-G) ZONE PAGE3OF3
Government Code Sections 36937 and 65858 allow the City to extend the 45-day Ordinance for a period of 10 months and 15 days after notice and hearing. Following a first extension, the statutes allow the City to extend the interim urgency ordinance a second time, for an additional one-year period.
Environmental Analysis:
This ordinance is not subject to CEQA under the general rule set forth in Section 15061(b)(3) of the CEQA Guidelines that CEQA only applies to project~ which have the potential for causing a significant effect on the environment. For the reasons set forth in subparagraphs (a) and (b) above, it can be seen with certainty that there is no possibility that this ordin~n~ will have a significant effect on the environment. The ordinance is also categorically exempt for CEQA under Section 15308 of the CEQA Guidelines as it is a regulatory action taken by the City pursuant to its police power and according with Government Code Section 65858, to assure maintenance and protection of the environment and adoption of contemplated local legislation, regulation, and policies.
Conclusion:
Staff recommends that the City Council adopt a 45-day moratorium on commercial land uses as specified above within the General-Commercial (C-G) zone to provide staff the opportunity to conduct additional research and present the Council with a comprehensive ordinance to address each land use. This moratorium would be in effect for 45 days unless extended.
Steve Carmona
SC:AB:JG
Enclosure: 1) Urgency Ordinance
PROOF OF PUBLICATION
(2015.5 C.C.P.)
Los Cerritos Community Newspaper Group
13017 Artesia Blvd., Suite C-102
Cerritos CA 90703
(562) 407-3873
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter.
I am the principal clerk of the printer of the Los Cerritos Community News, a newspaper of general circulation, printed and published one time each week in the County of Los Angeles, and which newspaper has
been adjudged a newspaper of general circulation by
the Superior Court of the County of Los Angeles, State
of California, under the date of September 9, 1996, in
Case Number V5005861 that the notice, of which the
annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
11/24 and 12/1/17
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
DATED AT CERRITOS, CALIFORNIA,
THIS 1st DAY OF DECEMBER, 2017
Signature
Brian Hews
Los Cerritos Community News
13047 Artesia Blvd. Suite C-102, Cerritos, CA 90703
562-407-3873
LCCN FORM 82180 PROOF
County Clerk’s Filing Stamp
Proof of Publication of
), on or after Firestone Blvd., Norwalk, CA 90650 will sell by competitive bidding by Climer’s Auctions ( Bond # 5181494 of the Commercial Code, Section 535 of the Penal Code. 1812.607, that Norwalk Self Storage at 11564 E. Notice is given that pursuant to sections 21700-21713 of the Business and Professions Code, Section 2328 NOTICE OF SALE OF ABANDONED PROPERTY DECEMBER 12th, 2017 @ 10:00 a.m., property belonging to those listed below. Auction is to be held at the above address. Property to be sold as follows: boxes, totes, fishing poles, bikes, bat, compresNAME cutters belonging to the following. hose, loose wood, picture frames, tent, pillows, loose bedding, gas can, shelving, book cases, basket, and bolt mirror, key boards, globe, couch, duffle bags, ice chest, flat screen TV, tool box, bike parts, suitcase, VCR, loose clothing, dresser, art frame, hangers, night stand, trash bags, chairs, rug cleaner, exercise equipment, sors, cart, trike, 5 gallon buckets, tables, printer, ironing boards, light fixture, speakers, dollie, wood trunk, UNIT #ISMAEL FLORES B605MELITHIA R BUTLER MELISSA ELLIE LARA/EARTHLY JUICES B716 B499
GREGORY RODRIGUEZ B143/B141LORRI CORNEJO B117GLORIA BAKER A253DELIAH H LOPEZ B764/B770Dates: NOVEMBER 24, 2017 and DECEMBER 1, 2017.Sales subject to prior cancellation in the event of settlement between Owner and obligated party. Publication sions Code of the State of California.This notice is given in accordance with the provisions of Section 21700 et seq. of the Business and ProfesPublished at Los Cerritos Community Newspaper 11/24 and 12/1/17 Clerk, LCCN
THIS 12th DAY OF MAY 2023
PROOF OF PUBLICATION
(2015.5 C.C.P.)
Los Cerritos Community Newspaper Group
13017 Artesia Blvd., Suite C-102
Cerritos CA 90703
(562) 407-3873
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter.
I am the principal clerk of the printer of the Los Cerritos Community News, a newspaper of general circulation, printed and published one time each week in the County of Los Angeles, and which newspaper has
been adjudged a newspaper of general circulation by
the Superior Court of the County of Los Angeles, State
of California, under the date of September 9, 1996, in
Case Number V5005861 that the notice, of which the
annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
11/24 and 12/1/17
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
DATED AT CERRITOS, CALIFORNIA,
THIS 1st DAY OF DECEMBER, 2017
Signature
Brian Hews
Los Cerritos Community News
13047 Artesia Blvd. Suite C-102, Cerritos, CA 90703
562-407-3873
LCCN FORM 82180 PROOF
County Clerk’s Filing Stamp
Proof of Publication of
), on or after Firestone Blvd., Norwalk, CA 90650 will sell by competitive bidding by Climer’s Auctions ( Bond # 5181494 of the Commercial Code, Section 535 of the Penal Code. 1812.607, that Norwalk Self Storage at 11564 E. Notice is given that pursuant to sections 21700-21713 of the Business and Professions Code, Section 2328 NOTICE OF SALE OF ABANDONED PROPERTY DECEMBER 12th, 2017 @ 10:00 a.m., property belonging to those listed below. Auction is to be held at the above address. Property to be sold as follows: boxes, totes, fishing poles, bikes, bat, compresNAME cutters belonging to the following. hose, loose wood, picture frames, tent, pillows, loose bedding, gas can, shelving, book cases, basket, and bolt mirror, key boards, globe, couch, duffle bags, ice chest, flat screen TV, tool box, bike parts, suitcase, VCR, loose clothing, dresser, art frame, hangers, night stand, trash bags, chairs, rug cleaner, exercise equipment, sors, cart, trike, 5 gallon buckets, tables, printer, ironing boards, light fixture, speakers, dollie, wood trunk, UNIT #ISMAEL FLORES B605MELITHIA R BUTLER MELISSA ELLIE LARA/EARTHLY JUICES B716 B499
GREGORY RODRIGUEZ B143/B141LORRI CORNEJO B117GLORIA BAKER A253DELIAH H LOPEZ B764/B770Dates: NOVEMBER 24, 2017 and DECEMBER 1, 2017.Sales subject to prior cancellation in the event of settlement between Owner and obligated party. Publication sions Code of the State of California.This notice is given in accordance with the provisions of Section 21700 et seq. of the Business and ProfesPublished at Los Cerritos Community Newspaper 11/24 and 12/1/17 County of Los Angeles
City Clerk’s Filing Stamp
PROOF OF PUBLICATION
(2015.5 C.C.P.)
Hawaiian Gardens Community News
Hawaiian Gardens, CA.
(562) 407-3873
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES ________________________
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, Proof of Publication and not a party to or interested in the above-entitled
matter.
I am the principal clerk of the printer of the Hawaiian Gardens Community News, a newspaper
printed and published one time each week in
the County of Los Angeles, that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement
thereof on the following dates, to wit:
7/19 and 7/26/19
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
DATED AT HAWAIIAN GARDENS, CALIFORNIA,
THIS 1st DAY OF AUGUST, 2019
Signature_____________________________
BRIAN HEWS
Hawaiian Gardens Community News
Hawaiian Gardens, CA.
800-901-7211
PROOF OF PUBLICATION
(2015.5 C.C.P.)
Hawaiian Gardens Community News
Hawaiian Gardens, CA.
(562) 407-3873
OF CALIFORNIA,
Y OF LOS ANGELES ________________________
itizen of the United States and a resident of the
aforesaid; I am over the age of eighteen years, Proof of Publication a party to or interested in the above-entitled
principal clerk of the printer of the Hawaiian
Community News, a newspaper
and published one time each week in
nty of Los Angeles, that the notice, of which the
is a printed copy (set in type not smaller than
il), has been published in each regular and entire
said newspaper and not in any supplement
on the following dates, to wit:
d 7/26/19
(or declare) under penalty of perjury that the
g is true and correct.
AT HAWAIIAN GARDENS, CALIFORNIA,
t DAY OF AUGUST, 2019
e_____________________________
BRIAN HEWS
an Gardens Community News
an Gardens, CA.
-7211
THIS 5th DAY OF AUGUST, 2022
City Clerk’s Filing Stamp
PROOF OF PUBLICATION
(2015.5 C.C.P.)
Hawaiian Gardens Community News
Hawaiian Gardens, CA.
(562) 407-3873
OF CALIFORNIA,
Y OF LOS ANGELES ________________________
tizen of the United States and a resident of the
foresaid; I am over the age of eighteen years, Proof of Publication party to or interested in the above-entitled
principal clerk of the printer of the Hawaiian
Community News, a newspaper
nd published one time each week in
ty of Los Angeles, that the notice, of which the
is a printed copy (set in type not smaller than
l), has been published in each regular and entire
aid newspaper and not in any supplement
n the following dates, to wit:
d 7/26/19
(or declare) under penalty of perjury that the
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter.
I am the principal clerk of the printer of the Los Cerritos Community News, a newspaper of general circulation, printed and published one time each week in the County of Los Angeles, City of Cerritos and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of Septmeber 9, 1996, in Case Number V5005861 that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each
regular and entire issue of said newspaper and not in
any supplement thereof on the following dates, to wit:
PROOF OF PUBLICATION
(2015.5 C.C.P.)
La Mirada Lamplighter
13017 Artesia Blvd., Suite B-108
Cerritos CA 90703
(562) 407-3873
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter.
I am the principal clerk of the printer of the La
Mirada Lamplighter, a newspaper of general circulation, printed and published one time each week in the County of Los Angeles, and which newspaper has
been adjudged a newspaper of general circulation by
the Superior Court of the County of Los Angeles, State
of California, under the date of September 17, 1975,
in Case Number C132043 that the notice, of which the
annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
7/30, 8/6, 8/13/15
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
DATED AT CERRITOS, CALIFORNIA,
THIS 13th DAY OF AUGUST, 2015
Signature
Brian Hews
La Mirada Lamplighter
13017 Artesia Blvd., Suite B-108
Cerritos CA 90703
(562) 407-3873
FORM 82180 PROOF
County Clerk’s Filing Stamp
Proof of Publication of
NOTICE OF PETITION TO ADMINISTER ESTATE OF:
RUBEN WARD
CASE NO. BP164819
To all heirs, beneficiaries, creditors, contingent creditors, and persons who may otherwise be interested in the WILL or estate, or both of RUBEN WARD.
A PETITION FOR PROBATE has been filed by GARY S. WARD in the Superior Court of California, County of LOS ANGELES.
THE PETITION FOR PROBATE requests that GARY S. WARD be appointed as personal representative to administer the estate of the decedent.
THE PETITION requests the decedent‘s WILL and codicils, if any, be admitted to probate.
The WILL and any codicils are available for examination in the file kept by the court.
THE PETITION requests authority to administer the estate under the Independent Administration of Estates Act with limited authority. (This authority will allow the personal representative to take many actions without obtaining court approval. Before taking certain very important actions, however, the personal representative will be required to give notice to interested persons unless they have waived notice or consented to the proposed action.) The independent administration authority will be granted unless an interested person files an objection to the petition and shows good cause why the court should not grant the authority.
A HEARING on the petition will be held in this court as follows: 08/17/15 at 8:30AM in Dept. 67 located at 111 N. HILL ST., LOS ANGELES, CA 90012 IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney.
IF YOU ARE A CREDITOR or a contingent creditor of the decedent, you must file your claim with the court and mail a copy to the personal representative appointed by the court within the later of either (1) four months from the date of first issuance of letters to a general personal representative, as defined in section 58(b) of the California Probate Code, or (2) 60 days from the date of mailing or personal delivery to you of a notice under section 9052 of the California Probate Code.
Other California statutes and legal authority may affect your rights as a creditor. You may want to consult with an attorney knowledgeable in California law.
YOU MAY EXAMINE the file kept by the court. If you are a person interested in the estate, you may file with the court a Request for Special Notice (form DE-154) of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Probate Code section 1250. A Request for Special Notice form is available from the court clerk.
Attorney for Petitioner
SCOTT FRIDLEY, ESQ. - SBN #227361
OLIVER M. RILEY, ESQ. - SBN 252459
NICKOLAS S. LEWIS, ESQ. - SBN 293477
FRIDLEY LAW FIRM
THREE POINTE DR. STE. 208
BREA CA 92821
7/30, 8/6, 8/13/15
CNS-2776399#
LA MIRADA LAMPLIGHTER
(2015.5 C.C.P.)
La Mirada Lamplighter
13017 Artesia Blvd., Suite B-108
Cerritos CA 90703
(562) 407-3873
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter.
I am the principal clerk of the printer of the La
Mirada Lamplighter, a newspaper of general circulation, printed and published one time each week in the County of Los Angeles, and which newspaper has
been adjudged a newspaper of general circulation by
the Superior Court of the County of Los Angeles, State
of California, under the date of September 17, 1975,
in Case Number C132043 that the notice, of which the
annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
7/30, 8/6, 8/13/15
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
DATED AT CERRITOS, CALIFORNIA,
THIS 13th DAY OF AUGUST, 2015
Signature
Brian Hews
La Mirada Lamplighter
13017 Artesia Blvd., Suite B-108
Cerritos CA 90703
(562) 407-3873
FORM 82180 PROOF
County Clerk’s Filing Stamp
Proof of Publication of
NOTICE OF PETITION TO ADMINISTER ESTATE OF:
RUBEN WARD
CASE NO. BP164819
To all heirs, beneficiaries, creditors, contingent creditors, and persons who may otherwise be interested in the WILL or estate, or both of RUBEN WARD.
A PETITION FOR PROBATE has been filed by GARY S. WARD in the Superior Court of California, County of LOS ANGELES.
THE PETITION FOR PROBATE requests that GARY S. WARD be appointed as personal representative to administer the estate of the decedent.
THE PETITION requests the decedent‘s WILL and codicils, if any, be admitted to probate.
The WILL and any codicils are available for examination in the file kept by the court.
THE PETITION requests authority to administer the estate under the Independent Administration of Estates Act with limited authority. (This authority will allow the personal representative to take many actions without obtaining court approval. Before taking certain very important actions, however, the personal representative will be required to give notice to interested persons unless they have waived notice or consented to the proposed action.) The independent administration authority will be granted unless an interested person files an objection to the petition and shows good cause why the court should not grant the authority.
A HEARING on the petition will be held in this court as follows: 08/17/15 at 8:30AM in Dept. 67 located at 111 N. HILL ST., LOS ANGELES, CA 90012 IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney.
IF YOU ARE A CREDITOR or a contingent creditor of the decedent, you must file your claim with the court and mail a copy to the personal representative appointed by the court within the later of either (1) four months from the date of first issuance of letters to a general personal representative, as defined in section 58(b) of the California Probate Code, or (2) 60 days from the date of mailing or personal delivery to you of a notice under section 9052 of the California Probate Code.
Other California statutes and legal authority may affect your rights as a creditor. You may want to consult with an attorney knowledgeable in California law.
YOU MAY EXAMINE the file kept by the court. If you are a person interested in the estate, you may file with the court a Request for Special Notice (form DE-154) of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Probate Code section 1250. A Request for Special Notice form is available from the court clerk.
Attorney for Petitioner
SCOTT FRIDLEY, ESQ. - SBN #227361
OLIVER M. RILEY, ESQ. - SBN 252459
NICKOLAS S. LEWIS, ESQ. - SBN 293477
FRIDLEY LAW FIRM
THREE POINTE DR. STE. 208
BREA CA 92821
7/30, 8/6, 8/13/15
CNS-2776399#
LA MIRADA LAMPLIGHTER
8/5, 8/12, 8/19, 8/26/22
5/12/23
CITY OF PICO RIVERA
NOTICE OF CITY COUNCIL PUBLIC HEARING FOR A 10 MONTH 15 DAY EXTENSION OF URGENCY ORDINANCE NO. 1169 PROHIBITING SPECIFIED USES IN THE
COMMERCIAL GENERAL (C-G) AND COMMERCIAL PLANNED DEVELOPMENT (CPD) ZONE
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City of Pico Rivera City Council to review and obtain public comment to extend Urgency Ordinance No. 1169 for a period not to exceed 10 months 15 days per Government Code 65858. On April 25, 2023, Urgency Ordinance No. 1169 was adopted by the City Council to prohibit any new automobile leasing and renting, automobile parts and accessory, automobile insurance, medical & dental office, discount clothing and shoe store (warehouse), dollar store, drug store, pet shop & grooming, picture frames and framing, barbershops and beauty salons, nail salon, cell phone repair, tattoo shops, and party rental in the Commercial General (C-G) and Commercial Planned Development (CPD) zone. The Urgency Ordinance will allot City staff time to conduct research on impacts to the community of the specified uses identified.
WHEN: Wednesday, May 31, 2023
TIME: 4:00 P.M.
WHERE: City Hall Council Chambers
6615 Passons Boulevard
Pico Rivera, CA 90660
MAIL: PO Box 1016 TELEPHONE: (562) 801-4332
In accordance with the provisions of the California Environmental Quality Act (CEQA), to the extent that the actions constitute a project, there is no possibility that the project will have a significant effect on the environmental and as a result, no further CEQA review is necessary. This determination is in accordance with Section 15061 (b) (3) of the CEQA Guidelines that states, a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
PERSONS INTERESTED IN THIS MATTER
(1) Turn your TV to Channel 3;
(2) City’s website at https://bit.ly/picorivera-ctv3live . (3) Email public comments to [email protected] prior to 4:00 p.m. on the day of the meeting;
(4) Attend the Public Hearing in person.
Copies of all relevant material including project specifications are available to the public for review in the Community & Economic Development Department at City Hall, 6615 Passons Boulevard, Pico Rivera, California. Please contact Julia Gonzalez, Deputy Director at 562-801-4447 for additional questions.
If you challenge the consideration or adoption of the proposed applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or written correspondence delivered to the City of Pico Rivera City Clerk at, or prior to, the public hearing.
Posting Date: Friday, May 12, 2023
********************************************************************************* 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 contact Cynthia Ayala at (562) 801-4389 if special program accommodations are necessary and/or if program 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.
Published at Los Cerritos Community Newspaper 5/12/23
Enclosure 3
1c
To:
From:
Meeting Date:
Subject:
Mayor and City Council
City Manager
May 31, 2023
APPROVE A RESOLUTION AUTHORIZING THE FILING
OF AN APPLICATION FOR THE LAND
WATER CONSERVATION FUND GRANT – SMITH PARK
AQUATICS CENTER RENOVATION PROJECT
Recommendation:
1. Approve a resolution authorizing the filing of an application for grant funding for the Smith Park Aquatics Center Renovation Project through the Land Water Conservation Fund Grant (LWCF Grant) in the amount of $6,000,000; and
2. Authorize the City Manager to execute all documents necessary for the LWCF Grant submission and/or related agreement in a form approved by the City Attorney.
Fiscal Impact:
There is no fiscal impact to the General Fund. If the LWCF Grant is awarded, the City will be required to supplement the $6,000,000 with a $3,000,000 match. The City will use previously allocated funds to meet the match requirements of the LWCF Grant.
Background:
The City of Pico Rivera (City) is in the process of designing and renovating the Smith Park Aquatic Center and Community Building. Staff continuously seek grant funds to help supplement general fund project cost. As a result, staff have become aware of an opportunity called LWCF Grant funding. The LWCF Grant is funded by the National Park Service and administered by the State of California Office of Grants and Local Services. The focus of the LWCF Grant is to assist agencies in the planning, acquisition, and development of recreation lands. Outdoor swimming pools and aquatic features are an approved amenity to seek funding for within this grant fund.
If an LWCF Grant is awarded, it will be used towards the construction of a new aquatic facility, including a competition pool, recreation pool, pool deck, ADA Accessible locker rooms and restrooms, as well as building upgrades to the existing adjacent community center.
2 CITY COUNCIL AGENDA REPORT – MEETING OF MAY 31, 2023
APPROVE A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR THE LAND WATER CONSERVATION FUND GRANT – SMITH PARK
AQUACTICS CENTER RENOVATION PROJECT
The improvements will allow for a myriad of new aquatic programs to be created, and increase the availability of popular swim lessons, therapeutic and senior 55+ programming. In addition, the new facility will improve health and recreational opportunities and improve the quality of life for residents of all ages and abilities.
Discussion:
The complete design and construction fees are projected to cost approximately $34,000,000. The City is appreciative for all of the participation and assistance it has received thus far for this initiative. In particular, Senator Archuleta, Assemblymember Calderon, Supervisor Hahn and Former Assemblymember Cristina Garcia have been instrumental in securing significant project funding.
Currently, the City is seeking to apply for this grant application in the hopes of decreasing the amount of the General Fund portion of project funding. If awarded, an additional requirement of the LWCF Grant is that the section of the project supported by the grant must be kept as park zoning in perpetuity. Staff is requesting authorization to apply for a $6,000,000 LWCF Grant.
Conclusion:
It is recommended that the City Council approve the attached resolution to allow staff to apply for Land Water Conservation Fund Grant for the construction of a new aquatic facility, as well as building upgrades to the existing adjacent community center in the amount of $6,000,000.
Steve Carmona
SC:PY
Enclosure: 1) Resolution
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY PICO
RIVERA, CALIFORNIA, APPROVING THE SUBMITTAL OF A
GRANT APPLICATION TO THE STATE OF CALIFORNIA OFFICE
OF GRANTS AND LOCAL SERVICES FOR THE LAND AND
WATER CONSERVATION FUND FOR THE SMITH PARK
AQUATICS CENTER RENOVATION PROJECT
WHEREAS, the United States Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and
WHEREAS, the California Department of Parks and Recreation, Office of Grants and Local Services, is responsible for administration of the program, establishing necessary rules and procedures governing applications by local agencies under the program; and
WHEREAS, the applicant is required to certify by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:
SECTION 1. Approve the filing of an application for Land and Water Conservation Fund assistance for the proposed Smith Park Aquatics Center Renovation in an amount up to the maximum allowed under the grant guidelines.
SECTION 2. Certify the City has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide.
SECTION 3. Agree to abide by 54 U.S.C. §200305(f)(3) which requires, “No property acquired or developed with assistance under this section shall, without the approval of the Secretary be converted to other than public outdoor recreation use. The Secretary shall approve a conversion only if the Secretary finds it to be in accordance with the then-existing comprehensive statewide outdoor recreation plan and only on such conditions as the Secretary considers necessary to ensure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.”
SECTION 4. Certify that the City has matching funds from eligible source(s) and can finance 100 percent of the project, which up to half may be reimbursed.
Enclosure 1
2a
RESOLUTION NO. ____
SECTION 5. Agree to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines.
SECTION 6. Appoint the City Manager, or his or her designee, as agent of the City to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned project.
SECTION 7. The City Clerk shall certify the approval of this resolution and hereafter the same shall be in full force and effect.
APPROVED AND PASSED this 31st day of May, 2023.
__________________________________
Erik Lutz, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ___________________________________ Cynthia Ayala, Jr. Deputy City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:
NOES:
ABSENT:
ABSTAIN:
To: Mayor and City Council
From: City Manager
Meeting Date: May 31, 2023
Subject: APPROVE A RESOLUTION AUTHORIZING THE FILING
OF AN APPLICATION FOR THE LAND WATER
CONSERVATION FUND GRANT – KRUSE ROAD
PROPERTY
Recommendation:
1. Approve a resolution authorizing the filing of an application for grant funding for the Kruse Road property through the Land Water Conservation Fund Grant (LWCF Grant) in the amount of $6,000,000; and
2. Authorize the City Manager to execute all documents necessary for the LWCF Grant submission and/or related agreement in a form approved by the City Attorney.
Fiscal Impact:
There is no fiscal impact to the General Fund. If the LWCF Grant is awarded, the City will be required to supplement the $6,000,000 grant with a $3,000,000 match. At the time of the grant award, staff will return to the City Council to identify additional funding sources and request budget authorization to accept the grant, as well as to discuss the source of the required matching contribution. The funding sources have not yet been determined.
Background:
The City of Pico Rivera (City) will lose approximately 104 acres of park space through the Whittier Narrows Dam safety modification project. Staff has identified a 2.63-acre vacant property north of Kruse Road and adjacent to the Pico Rivera golf course (Property) for potential acquisition. The City Council will also consider a similar resolution authorizing the City to submit a second LWCF Grant application for the Smith Park Aquatic project, presented concurrently at this May 31, 2023 City Council meeting. 3 CITY COUNCIL AGENDA REPORT – MEETING OF MAY 31, 2023
APPROVE A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR THE LAND WATER CONSERVATION FUND GRANT – KRUSE ROAD PROPERTY
Staff continuously seek grant funds to help supplement general fund project costs, as a result, staff have become aware of an opportunity called LWCF Grant funding. The LWCF Grant is funded by the National Park Service and administered by the State of California Office of Grants and Local Services. The focus of the LWCF Grant is to assist agencies in the planning, acquisition, and development of recreation lands.
If an LWCF Grant is awarded, it will be used towards the acquisition cost of the Kruse Road property.
Discussion:
The acquisition of the Kruse Road property is expected to aid the City in expanding its park space. This move is aimed at compensating for the open space that will be lost due to the Whittier Narrows Dam Safety Modification project. The City will obtain an appraisal of the Property in order to determine the fair market value. Currently, the City is seeking to apply for this grant application in the hopes of decreasing the amount of the General Fund portion of project funding. If awarded, an additional requirement of the LWCF Grant is that the section of the project supported by the grant must be kept as park zoning in perpetuity. Staff is requesting authorization to apply for a $6,000,000 LWCF Grant.
Conclusion:
It is recommended that the City Council approve the attached resolution to allow staff to apply for Land Water Conservation Fund Grant for the acquisition of the Kruse Road property in the amount of $6,000,000.
Steve Carmona
SC:PY
Enclosures: 1) Resolution
2) Kruse Road Aerial
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY PICO
RIVERA, CALIFORNIA, APPROVING THE SUBMITTAL OF A
GRANT APPLICATION TO THE STATE OF CALIFORNIA OFFICE
OF GRANTS AND LOCAL SERVICES FOR THE LAND AND
WATER CONSERVATION FUND FOR THE ACQUISITON OF 2.63
ACRES OF CONTIGUOUS VACANT LAND LOCATED NORTH OF
KRUSE ROAD AND ADJACENT TO THE PICO RIVERA GOLF
COURSE (APN: 8123-014-054) FOR THE PURPOSE OF
CREATING ADDITIONAL PARK SPACE
WHEREAS, the United States Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and
WHEREAS, the California Department of Parks and Recreation, Office of Grants and Local Services, is responsible for administration of the program, establishing necessary rules and procedures governing applications by local agencies under the program; and
WHEREAS, the applicant is required to certify by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:
SECTION 1. Approve the filing of an application for Land and Water Conservation Fund assistance for the proposed acquisition of 2.63 acres of contiguous vacant land located north of Kruse Road and adjacent to the Pico Rivera golf course (APN: 8123-014-054) for the purpose of creating additional park space in an amount up to the maximum allowed under the grant guidelines.
SECTION 2. Certify the City has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide.
SECTION 3. Agree to abide by 54 U.S.C. §200305(f)(3) which requires, “No property acquired or developed with assistance under this section shall, without the approval of the Secretary be converted to other than public outdoor recreation use. The Secretary shall approve a conversion only if the Secretary finds it to be in accordance with the then-existing comprehensive statewide outdoor recreation plan and only on such conditions as the Secretary considers necessary to ensure the substitution of other Enclosure 1
3a
RESOLUTION NO. ____
recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.”
SECTION 4. Certify that the City has matching funds from eligible source(s) and can finance 100 percent of the project, which up to half may be reimbursed.
SECTION 5. Agree to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines.
SECTION 6. Appoint the City Manager, or his or her designee, as agent of the City to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned project.
SECTION 7. The City Clerk shall certify the approval of this resolution and hereafter the same shall be in full force and effect.
APPROVED AND PASSED this 31st day of May, 2023.
__________________________________
Erik Lutz, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ___________________________________ Cynthia Ayala, Jr. Deputy City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:
NOES:
ABSENT:
ABSTAIN:
3b