CITY COUNCIL
MINUTES
Tuesday, September 12, 2023
A Regular Meeting of the City Council was held in the Council Chamber, Pico Rivera City Hall, 6615 Passons Boulevard, Pico Rivera, California.
Mayor Lutz called the regular meeting to order at 6:01 p.m. on behalf of the City Council.
PRESENT: Camacho, Garcia, Lara, Sanchez, Lutz
ABSENT: None
*Mayor Pro Tem Lara arrived at 6:10 p.m.
COMMISSIONERS PRESENT:
• Tommy Elisaldez, Planning Commission
• Patricia Saucedo, Parks & Recreation Commission
INVOCATION: Delivered by Councilmember Dr. Sanchez
PLEDGE OF ALLEGIANCE: Led by Councilmember Garcia
SPECIAL PRESENTATION(S):
• Historic Whittier Boulevard Update
Innovation and Communications Director Hernandez presented a PowerPoint Presentation in collaboration with City Youth Leaders Ellie Mejia and Ricardo Cano providing an update on the Historic Whittier Boulevard project including phase one of the project, community engagement, the Pico Rivera Youth Ambassador program, the community survey, upcoming events and activities and highlighted the land use alternatives and built out scenarios.
PUBLIC HEARING:
City Council:
1. Public Hearing — Establishing a Tobacco Retailer License Fee. (1300) Mayor Lutz opened the public hearing and noted that there were no written or oral communications to provide public testimony.
Mayor Lutz closed the public hearing.
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Motion by Councilmember Camacho, seconded by Councilmember Dr. Sanchez to: 1) Conduct a Public Hearing; and 2) Approve Resolution No. 7297 establishing fees for a Tobacco Retail Licensing program. Motion carries by the following roll call vote:
Resolution No. 7297 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPROVING THE
ESTABLISHMENT OF A TOBACCO RETAIL LICENSE ANNUAL FEE IN
ACCORDANCE WITH PICO RIVERA MUNICIPAL CODE CHAPTER
5.75.100
AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
2. Public Hearing — Approval of the Fiscal Year 2022-23 Consolidated Annual Performance and Evaluation Report for Submission to the U.S. Department of Housing and Urban Development. (1600)
Mayor Lutz opened the public hearing and noted that there were no written or oral communications to provide public testimony.
Mayor Lutz closed the public hearing.
Motion by Councilmember Garcia, seconded by Mayor Pro Tem Lara to: 1) Conduct a public hearing to receive community input on the fiscal year 2022-23 Community Development Block Grant Consolidated Annual Performance and Evaluation Report (CAPER); and 2) Approve Resolution No. 7298 finding that this item is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the CEQA Guidelines and authorizing staff to submit the FY 2022-23 CAPER to the U.S.
Department of Housing and Urban Development. Motion carries by the following roll call vote:
Resolution No. 7298 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, AUTHORIZING THE
SUBMISSION OF THE CITY'S FISCAL YEAR 2022-23 CONSOLIDATED
ANNUAL PERFORMANCE AND EVALUATION REPORT
AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
PUBLIC COMMENTS:
Lauren Talbott, Pico Rivera Library Manager:
• Addressed the City Council regarding library updates and upcoming events for the month of September.
John Soto:
• Addressed the City Council to express concerns regarding loud music nuisance at the Pico Rivera Golf Course.
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Lorena Avalos:
• Addressed the City Council regarding the Sister Cities project and expressed her support in adding Chapala, Jalisco Mexico as an additional sister cities friendship city to the City's Sister City Commission.
CONSENT CALENDAR ITEMS:
City Council:
3. Minutes:
• Approved City Council special meeting of August 1, 2023 and August 22, 2023
• Received and filed the Veterans Commission regular meeting of May 8, 2023 • Received and filed the Parks & Recreation regular meeting of February 9, 2023 and March 9, 2023
4. Approved 3rd Warrant Register of the 2023-2024 Fiscal Year.
Check Numbers: 292332-292649
Special Check Numbers: 12398-12399
(700)
5. Second Reading — Adoption of Ordinance No. 1173 Approving Zone Reclassification No. 328 to Apply an R-40 Overlay Zone to the Housing Element Sites and Adoption of Ordinance No. 1174 Approving Zone Code Amendment No. 190. (1300)
1. Approved Ordinance No. 1173 approving Zone Reclassification No. 328 to apply an R-40 Overlay Zone to the Housing Element sites; and
2. Adopt Ordinance No. 1174 approving Zone Code Amendment No. 190.
Ordinance No. 1173 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPROVING A ZONE
RECLASSIFICATION TO APPLY AN R-40 OVERLAY ZONE TO THE
HOUSING ELEMENT SITES AS DESCRIBED IN ATTACHMENT "A"
ATTACHED HERETO AND FURTHER DESIGNATED HEREIN AS ZONE
RECLASSIFICATION NO. 328 AND APPROVE AN ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION FOR THE SIXTH CYCLE 2021- 2029 HOUSING ELEMENT (SECOND READING AND ADOPTION
Ordinance No. 1174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, AMENDING TITLE 18, ZONING, OF THE PICO RIVERA MUNICIPAL CODE ADDING CHAPTER 18.09
ESTABLISHING THE R-40 OVERLAY ZONE AS HEREIN REFERRED
TO AS ZONE CODE AMENDMENT NO. 190 (SECOND READING AND
ADOPTION
6. Memorandum of Understanding with the Pico Rivera Chamber of Commerce. (500)
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1. Authorized the City Manager to execute a Memorandum of Understanding between the City and the Pico Rivera Chamber of Commerce for fiscal year 2023-24.
7. Amendment No. 1 to Professional Services Agreement No. 22-2138 with Dudek for the Comprehensive Update of Title 18, the Zone Code, of the Pico Rivera Municipal Code. (500)
1. Approved Amendment No. 1 to Professional Services Agreement (PSA) No. 22-2138 with Dudek (Consultant) to increase the compensation by $213,940, for a total not -to -exceed amount of $513,940 for the comprehensive update of Title 18, the Zone Code; and
2. Authorized the City Manager to execute the amendment to the PSA with the Consultant, in a form approved by the City Attorney for a term of one- year with a second -year extension if required.
Agreement No. 22-2138-1
8. Harbor Toxic Monitoring Agreement — Authorization to Execute Agreement for Cost Sharing for Installation of Monitoring Equipment and Monitoring Harbor Toxic Pollutants. (500)
1. Authorized the City Manager to execute an agreement between the City and the Gateway Water Management Joint Powers Authority for cost sharing for the installation of monitoring equipment and monitoring pursuant to the Harbor Toxic Pollutants Total Maximum Daily Load in a form approved by the City Attorney.
Agreement No. 23-2233
9. Treasurer's Monthly Investment Transaction Report as of July 31, 2023. (700)
1. Received and filed the Treasurer's Monthly Investment Transaction Report as of July 31, 2023.
10. Approve Budget Adjustments for the Pico Rivera Innovative Municipal Energy (PRIME) Fund for Fiscal Year 2022-23. (700)
1. Approved budget adjustments amending the fiscal year 2022-23 Adopted Budget for the Pico Rivera Innovative Municipal Energy (PRIME) Fund (Fund 560).
11. City Clerk Appointment. (200)
1. Appointed Cynthia Ayala, CMC to the position of City Clerk Mayor and City Council expressed their support to newly elected City Clerk, Cynthia Ayala.
Motion by Councilmember Camacho, seconded by Mayor Pro Tem Lara to approve Consent Calendar Item Nos. 3 through 11. Motion carries by the following roll call vote:
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AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
CONSENT CALENDAR ITEMS PULLED FOR FURTHER CLARIFICATION: None REGULAR AGENDA:
12. First Reading — An Ordinance Amending Section 2.55.040, Meetings — Time and Place, to Chapter 2.55, Veterans Commission, of Title 2, Administration and Personnel, of the Pico Rivera Municipal Code. (300) Motion by Councilmember Garcia, seconded by Councilmember Camacho to introduce and waive the first reading of Ordinance No. 1175, amending Section 2.55.040, Meetings — Time and Place, to Chapter 2.55, Veterans Commission, of Title 2, Administration and Personnel, of the Pico Rivera Municipal Code. Motion carries by the following roll call vote:
Ordinance No. 1175 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, AMENDING PROVISIONS OF CHAPTER 2.55 TO TITLE 2, ADMINISTRATION AND PERSONNEL, OF
THE PICO RIVERA MUNICIPAL CODE RELATING TO VETERANS
COMMISSION (FIRST READING AND INTRODUCTION)
AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
13. First Reading — An Ordinance Amending Section 2.54.020, Membership - Term, to Chapter 2.54, Sister City Commission, of Title 2, Administration and Personnel, of the Pico Rivera Municipal Code. (300) After a brief discussion, City Council directed staff to add language to the proposed ordinance reflecting that one member of the Sister City Commission shall be a resident, City employee or business owner in the City of Pico Rivera.
Motion by Councilmember Dr. Sanchez, seconded by Councilmember Camacho to introduce and waive the first reading of Ordinance No. 1176, amending Section
2.54.020, Membership -Terms, to Chapter 2.54, Sister City Commission, of Title 2, Administration and Personnel, of the Pico Rivera Municipal Code. Motion carries by the following roll call vote:
Resolution No. 1176 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, AMENDING PROVISIONS OF CHAPTER 2.54 TO TITLE 2, ADMINISTRATION AND PERSONNEL, OF
THE PICO RIVERA MUNICIPAL CODE RELATING TO SISTER CITY
COMMISSION (FIRST READING AND INTRODUCTION)
AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
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14. Approve the Smart Waste Collection Pilot Program at Smith Park and a Purchase Agreement with BigBelly, Inc. (500)
Office of Sustainability General Manager Ferrer provided a presentation on the Smart Waste Collection Pilot Program at Smith Park including a brief background, program opportunities, Bigbelly Smart Waste bin samples, a proposed layout of the park with the bins, operational efficiencies, environmental sustainability, and the key takeaways from the program.
Mayor and City Council discussed the placement and designs of the bins, as well as the possibility of monetizing them. Additionally, they also addressed the implications of SB 1383.
Motion by Councilmember Garcia, seconded by Mayor Pro Tem Lara to: 1) Approve a Smart Waste Collection Pilot Program at Smith Park; 2) Award a Sole Source Purchase Agreement to Bigbelly, Inc. for the purchase of 50 smart waste bins for an amount not - to -exceed $286,682, and execute the agreement in a form approved by the City Attorney; and 3) Appropriate $287,000 from the Unassigned Fund 671 (CalRecycle) Senate Bill (SB) 1383 Fee to Account No. 671.11.1110-54500. Motion carries by the following roll call vote:
Agreement No. 23-2234
AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
15. Approve a Memorandum of Understanding with Landify ECT Corporation for Park Development Projects. (500)
Item was pulled from the agenda and continued to the next City Council meeting.
CITY MANAGER/STAFF REPORTS:
City Manager Carmona commented on the upcoming Fiestas Patrias event on September 15th and advised the public to be alert of potential false door-to-door salesmen trying to sell water filtration systems.
GOOD OF THE ORDER (INTERGOVERNMENTAL AGENCY MEETINGS, AB 1234 REPORTS, NEW BUSINESS, OLD BUSINESS):
Councilmember Garcia reported on his attendance at the 2023 Contract Cities Annual Fall Education Summit; the City's National Night Out event; the Pico Rivera Dons/Donnas and AYSO Opening Day events; the City's Community Backpack giveaway; the El Rancho High School Back to School Fundraiser; the Soft Opening for the Los Amores de Julia restaurant; and a 100th Birthday celebration for city resident Rosa Flores. Additionally, he suggested the establishment of an Ad -Hoc committee to evaluate the City's social host ordinances and recommended the inclusion of a 50/50 raffle as part of the Summer Street Fest events. Councilmember Garcia requested to
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agendize adding the Smith Park turf project to the City's unfunded project list; seconded by Councilmember Camacho.
Councilmember Dr. Sanchez reported on her attendance at the 2023 Contract Cities Annual Fall Education Summit; the Mazatlan Delegation tour; the Dons/Donnas and AYSO Opening Day events. In regard to the Historic Whittier Boulevard project, she asked staff to look into the mitigation of any air pollution impacts.
Mayor Pro Tem Lara reported on his attendance at the Pico Rivera Chamber of Commerce recognition event and the Mazatlan Delegation tour. He suggested for staff to look into the City's evacuation plan and incorporating a prized trophy for the winners of the Pico Rivera Go -Getters vs. City Softball game and mentioned City's Basketball camp program.
Councilmember Camacho reported on his attendance at the 2023 Contract Cities Annual Fall Education Summit; the Mazatlan Delegation tour and the Soft Opening for the Los Amores de Julia restaurant. He highlighted the Pico Rivera's Office of Sustainability; acknowledged Special Events Supervisor Efrain Lee on his retirement, commented on the upcoming City Fiestas Patrias event and suggested creating a Sister City Commission Ad -Hoc Committee to further analyze and discuss potential friendship city partners.
City Council mentioned their attendance at the Pico Rivera Go -Getters vs. City Softball game and the last Summer Street Fest event on August 25tH Mayor Lutz reported on his attendance at 2023 Contract Cities Annual Fall Education Summit; the 2023 Gateway Cities Summit, a tour of Chapala, Jalisco, Mexico with City of Chapala Mayor Alejandro de Jesus Aguirre Curiel, and the AYSO Opening Day. He requested that the staff explore the possibility of collaborating with the Pico Rivera Chamber of Commerce regarding grand openings, and the availability of field and facility space for the Pico Rivera Donnas cheer squad. Mayor Lutz established a Sister City Commission Ad -Hoc Committee, appointing Councilmember Camacho and Councilmember Dr. Sanchez to the committee.
Recessed to Closed Session at 7:38 p.m.
ALL CITY COUNCIL MEMBERS WERE PRESENT
Reconvened from Closed Session at 8:08 p.m.
ALL CITY COUNCIL MEMBERS WERE PRESENT
CLOSED SESSION(S):
a. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
Third Tolling Agreement related to the BKK Class I Landfill Cost Recovery Efforts One Matter
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City Attorney Alvarez-Glasman stated that by a unanimous vote directed the City Attorney's office to execute the agreement and provide to BKK. No final action was taken and there was nothing further to report.
b. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
One matter related to a personal injury claim
City Attorney Alvarez-Glasman stated the City Council received a briefing and direction was provided to City staff. No final action was taken and there was nothing further to report.
ADJOURNMENT:
Mayor Lutz adjourned the City Council meeting at 8:09 p.m. in memory of Pico Rivera resident Mundo Navarez and the victims of the September 11th attacks. There being no objection it was so ordered.
AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
Erik Lutz, Mayor
ATTEST:
Cynthia Ayala, CMC, City Clerk
hereby certify that the foregoing is a true and correct report of the proceedings of the City Council regular meeting dated September 12, 2023 and approved by the City Council on September 26, 2023.
Cynthia Aya , CMC, City Clerk