Pico Rivera City Council
April 12, 2022

Conclusion:

Staff recommends approval of the GSA with Los Angeles County for a period of five (5) years with one (1), five-year renewal option.

Steve Carmona
SC:TR:GM:ll
Enclosures: 1) Resolution
2) General Services Agreement
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO

RIVERA, CALIFORNIA, APPROVING A GENERAL SERVICES
AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR A FIVEYEAR PERIOD WHEREAS, the City of Pico Rivera and the County of Los Angeles are parties to a General Services Agreement (“Agreement”) which expires on June 30, 2022; WHEREAS, the City of Pico Rivera and the County of Los Angeles wish to enter into a new Agreement for a five-year period; and
WHEREAS, the County of Los Angeles requires the City of Pico Rivera to certify, by resolution, approval of entering into said Agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:

Section 1. The City approves a five-year General Services Agreement with Los Angeles County ending on June 30, 2027.

Section 2. The City appoints and authorizes the City Manager or his/her designee to: 1) conduct all negotiations related to the General Services Agreement; 2) execute and submit documents including, but not limited to, applications, agreements, memoranda of understanding, payment requests, certifications and assurances; and 3) request services from the County pursuant to Section 5 of the General Services Agreement.

Section 3. The City Clerk shall attest to the execution of the Agreement.

Section 4. The City Clerk shall certify to the passage and adoption of this Resolution and hereafter the same shall be in full force and effect.

APPROVED AND PASSED this 12th day of April, 2022.
___________________________
Dr. Monica Sanchez, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney

AYES:

NOES:

ABSENT:

ABSTAIN:
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GENERAL SERVICES AGREEMENT
THIS GENERAL SERVICES AGREEMENT ("Agreement"), dated for purposes of reference only, July 1, 2022, is made by and between the County of Los Angeles, hereinafter referred to as the "County", and the City of Pico Rivera, hereinafter referred to as the "City."
RECITALS:
(a) The City is desirous of contracting with the County for the performance by its appropriate officers and employees of City functions.
(b) The County is agreeable to performing such services on the terms and conditions hereinafter set forth.
(c) Such contracts are authorized and provided for by the provisions of Section 56½ of the Charter of the County of Los Angeles and Section 51300, et seq., of the Government Code.

THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. The County agrees, through its officers, agents and employees, to perform those City functions, which are hereinafter provided for.

2. The City shall pay for such services as are provided under this Agreement at rates to be determined by the County Auditor-Controller in accordance with the policies and procedures established by the Board of Supervisors.

These rates shall be readjusted by the County Auditor-Controller annually effective the first day of July of each year to reflect the cost of such service in accordance with the policies and procedures for the determination of such rates as adopted by the Board of Supervisors of County.

3. No County agent, officer or department shall perform for said City any 2 of 6
function not coming within the scope of the duties of such agent, officer or department in performing services for the County.

4. No service shall be performed hereunder unless the City shall have available funds previously appropriated to cover the cost thereof.

5. No function or service shall be performed hereunder by any County agent, officer or department unless such function or service shall have been requested in writing by the City on order of the City Council thereof or such officer as it may designate and approved by the Board of Supervisors of the County, or such officer as it may designate, and each such service or function shall be performed at the times and under circumstances which do not interfere with the performance of regular County operations.

6. Whenever the County and City mutually agree as to the necessity for any such County agent, officer or department to maintain administrative headquarters in the City, the City shall furnish at its own cost and expense all necessary office space, furniture, and furnishings, office supplies, janitorial service, telephone, light, water, and other utilities. In all instances where special supplies, stationery, notices, forms and the like must be issued in the name of the City, the same shall be supplied by the City at its expense.

It is expressly understood that in the event a local administrative office is maintained in the City for any such County agent, officer or department, such quarters may be used by the County agent, officer or department in connection with the performance of its duties in territory outside the City and adjacent thereto provided, however, that the performance of such outside duties shall not be at any additional cost to the City.

7. All persons employed in the performance of such services and functions for 3 of 6
the City shall be County agents, officers or employees, and no City employee as such shall be taken over by the County, and no person employed hereunder shall have any City pension, civil service, or other status or right.

For the purpose of performing such services and functions, and for the purpose of giving official status to the performance hereof, every County agent, officer and employee engaged in performing any such service or function shall be deemed to be an agent, officer or employee of said City while performing service for the City within the scope of this agreement.

8. The City shall not be called upon to assume any liability for the direct payment of any salary, wages or other compensation to any County personnel performing services hereunder for the City, or any liability other than that provided for in this agreement.

Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his or her employment.

9. The parties hereto have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977 and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this agreement as set out in full herein. In the event that the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto.

10. Each County agent, officer or department performing any service for the 4 of 6
City provided for herein shall keep reasonably itemized and in detail work or job records covering the cost of all services performed, including salary, wages and other compensation for labor, supervision and planning, plus overhead, the reasonable rental value of all County-owned machinery and equipment, rental paid for all rented machinery or equipment, together with the cost of an operator thereof when furnished with said machinery or equipment, the cost of all machinery and supplies furnished by the County, reasonable handling charges, and all additional items of expense incidental to the performance of such function or service.

11. All work done hereunder is subject to the limitations of the provisions of Section 23008 of the Government Code, and in accordance therewith, before any work is done or services rendered pursuant hereto, an amount equal to the cost or an amount 10% in excess of the estimated cost must be reserved by the City from its funds to ensure payment for work, services or materials provided hereunder.

12. The County shall render to the City at the close of each calendar month an itemized invoice which covers all services performed during said month, and the City shall pay County therefore within thirty (30) days after date of said invoice.

If such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County is entitled to recover interest thereon. Said interest shall be at the rate of seven (7) percent per annum or any portion thereof calculated from the last day of the month in which the services were performed.

13. Notwithstanding the provisions of Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County may satisfy such indebtedness, 5 of 6
including interest thereon, from any funds of any such City on deposit with the County without giving further notice to said City of County's intention to do so.

14. This Agreement shall become effective on the date herein-above first mentioned and shall run for a period ending June 30, 2027, and at the option of the City Council of the City, with the consent of the Board of Supervisors of County, shall be renewable thereafter for an additional period of not to exceed five (5) years.

15. In the event the City desires to renew this Agreement for said five-year period, the City Council shall not later than the last day of May 2027, notify the Board of Supervisors of County that it wishes to renew the same, whereupon the Board of Supervisors, not later than the last day of June 2027, shall notify the City Council in writing of its willingness to accept such renewal. Otherwise, such Agreement shall finally terminate at the end of the aforedescribed period.

Notwithstanding the provisions of this paragraph herein-above set forth, the County may terminate this Agreement at any time by giving thirty (30) days' prior written notice to the City. The City may terminate this Agreement as of the first day of July of any year upon thirty (30) days' prior written notice to the County.

16. This Agreement is designed to cover miscellaneous and sundry services which may be supplied by the County of Los Angeles and the various departments thereof. In the event there now exists or there is hereafter adopted a specific contract between the City and the County with respect to specific services, such contract with respect to specific services shall be controlling as to the duties and obligations of the parties anything herein to the contrary notwithstanding, unless such special contract adopts the provisions hereof by reference.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers.

Executed this _____________day of ________________________2022.

The City of Pico Rivera,
By _____________________________
Mayor
ATTEST:

City Clerk THE COUNTY OF LOS ANGELES
By_____________________________ By_____________________________ Chair, Board of Supervisors
ATTEST:

CELIA ZAVALA
Executive Officer/Clerk
of the Board of Supervisors
By_____________________________
Deputy
APPROVED AS TO FORM:

RODRIGO A. CASTRO-SILVA
County Counsel
By ___________________________
Senior Deputy
To: Mayor and City Council
From: City Manager
Meeting Date: April 12, 2022
Subject: APPROVE AMENDMENT NO. 2 AND AMENDMENT NO. 3
TO CONTRACTUAL SERVICES AGREEMENT NO. 19-
1876 WITH TANKO LIGHTING, INC.

Recommendation:

1. Approve Amendment No 2 to Contractual Services Agreement No. 19-1876 with Tanko Lighting, Inc. increasing the contract amount by $70,000;

2. Approve Amendment No. 3 and Exhibit B to Contractual Services Agreement No. 19-1876 with Tanko Lighting, Inc. for 3 years in the amount of $180,000 per year for Ongoing Operation and Maintenance services for the City’s streetlight system;

3. Authorize the City Manager to execute Amendments No. 2 and 3.

Fiscal Impact:

These contracted services will be billed to the Lighting Assessment District Account No. 230.40.4990-54500. Sufficient funds in this account exist. No additional appropriations are needed.

Discussion:

In June 2017, the City approved a Purchase and Sale Agreement with SCE for the acquisition of 2,937 eligible SCE-owned streetlights. In January 2019 the City issued an RFP for Streetlight Acquisition, LED Conversion, and Ongoing Operation and Maintenance. On March 26, 2019 the City awarded a year 3-year contract with Tanko Lighting Inc. ending March 26, 2022. This contract also includes a provision to extend the contract for an additional three (3) years upon mutual agreement of the parties.

Amendment No. 1 to this agreement was approved by the City in September 2019, modifying some of the language of the agreement but leaving the agreement duration unchanged.

During FY 2021-2022 the City experienced a significant increase in pole knock downs as a result of traffic accidents. These knock downs are very expensive to replace and CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 12, 2022
APPROVE AMENDMENT NO. 2 AND AMENDMENT NO. 3 TO CONTRACTUAL SERVICES AGREEMENT NO. 19-1876 WITH TANKO LIGHTING, INC.

thus the original contracted amount for Tanko is insufficient. Amendment No. 2 to the agreement accompanied will allow the City to compensate Tanko Lighting Inc. for these emergency events. The City tracks the costs of each traffic accident and provides the information to the City’s Risk Manager to file claims with the driver’s insurance company for reimbursement whenever possible.

Amendment No. 3 will exercise the 3-year option contained in the original agreement modifying the end date to March 26, 2025 and establishing a new Exhibit B which specifies the contract rates. The new contract maximum will be in the amount not-toexceed $180,000 per year. Staff has set this contract amount based on past experience of routine and non-routine or emergency services. This also includes the addition of a request from Tanko for rate increases ranging from 2%-8% depending upon the position and whether the work is regular or overtime. The estimated cost breakdown for these services are:

Service Yearly Estimate
Routine Maintenance Services $ 55,000
Materials (As-Needed) $ 25,000
Emergency Services (As-Needed) $ 100,000
Total $ 180,000
Staff has been very satisfied with the services of Tanko Lighting Inc. and believes the adjustment in rates is fair and reasonable. This increase request by Tanko (Enclosure 3) is based primarily on the increase in union labor agreements for their subcontractors, (Sierra Pacific Electrical Contracting), incurred since the beginning of the contract in March of 2019. Also included are some fuel and material cost increases. Extending the contract will continue to provide a high level of service to the community and provide continuity in our maintenance program.

Conclusion:

Staff recommends approval of Amendments No. 2 and No. 3 to Agreement No. 19-1876 with Tanko Lighting Inc. to increase the amount of the existing contract by $70,000, and exercise the option to extend the term of the contract for three (3) years ending March 26, 2025 in an amount not-to-exceed $180,000 per year.

Steve Carmona
SC:TR:GM:ll
Enclosures: 1) Amendment 2
2) Amendment 3/Exhibit B
3) Rate Increase Letter
SECOND AMENDMENT TO CONTRACTURAL SERVICE AGREEMENT NO. 19-1876

BY AND BETWEEN

THE CITY OF PICO RIVERA, CA
AND
TANKO LIGHTING, INC.

THIS SECOND AMENDMENT TO CONTRACTURAL SERVICE AGREEMENT 19-1876 (“Amendment”), is made as of the 12th day of April, 2022 (the “Effective Date”), by and between the CITY OF PICO RIVERA, CA (herein after, the “City”) and TANKO LIGHTING, INC. (herein after, the “Contractor”), with reference to the following facts:

WHEREAS, a Contractual Service Agreement No. 19-1867 was entered into by and between the City and the Contractor (hereinafter “Agreement”) for Maintenance Services; and
WHEREAS, Amendment No. 1 was approved effective October 22nd, 2019; and WHEREAS, the City and the Contractor mutually agree it is now necessary to modify the Agreement to: (1) increase the maximum contract amount in Section 6.1 in the Agreement.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. Section 6 – PRICE AND PAYMENT: The maximum contract amount in Subsection

6.1 shall be a Not to Exceed Amount of Nine Hundred Eighty One Thousand, Ten Dollars and Seventy-Three Cents ($981,010.73) an increase of $70,000.

2. Except as expressly modified herein, all other terms and conditions set forth in the Agreement shall remain the same and shall be in full force and effect. (Signatures on following page)
Amendment No. 2 to Agreement No. 19-1876
Tanko Lighting, Inc.

IN WITNESS WHEREOF, the City and the Contractor have executed this Contract Amendment as a sealed instrument as of the date first written above. “CITY” “CONTRACTOR”
CITY OF PICO RIVERA TANKO LIGHTING, INC.
____________________________ ______________________________ Steve Carmona, City Manager Jason Tanko, Chief Executive Officer Dated: ______________________ Dated:_________________________ ATTEST: APPROVED AS TO FORM:
____________________________ _______________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney
THIRD AMENDMENT TO CONTRACTUAL SERVICE AGREEMENT NO. 19-1876

BY AND BETWEEN

THE CITY OF PICO RIVERA, CA
AND
TANKO LIGHTING, INC.

THIS AMENDMENT TO CONTRACTUAL SERVICE AGREEMENT 19-1876 (“Amendment”), is made as of the 12th day of April, 2022 (the “Effective Date”), by and between the CITY OF PICO RIVERA, CA (herein after, the “City”) and TANKO LIGHTING, INC. (herein after, the “Contractor”), with reference to the following facts:

WHEREAS, a Contractual Service Agreement No. 19-1867 was entered into by and between the City and the Contractor (hereinafter “Agreement”) for Maintenance Services; and
WHEREAS, Amendment No. 1 was approved effective October 22nd, 2019; and WHEREAS, the City and the Contractor mutually agree it is now necessary to modify the Agreement to: (1) extend the agreement for three years and (2) modify Rate Schedule – Exhibit B.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. Section 4 – TERM: The new termination date shall be March 26, 2025.

2. Section 6 – PRICE AND PAYMENT: The maximum contract amount in Subsection

6.1 shall be increased $180,000 per year for three years for a total not-to-exceed amount of One Million, Five Hundred Twenty One Thousand, Ten Dollars and Seventy-Three Cents ($1,521,010.73), an increase of $540,000.

3. Exhibit B – Pricing Proposal shall be replaced in its entirety with the attached revised Exhibit B.

4. Except as expressly modified herein, all other terms and conditions set forth in the Agreement shall remain the same and shall be in full force and effect. (Signatures on following page)
Amendment No. 3 to Agreement No. 19-1876
Tanko Lighting, Inc.

IN WITNESS WHEREOF, the City and the Contractor have executed this Contract Amendment as a sealed instrument as of the date first written above. “CITY” “CONTRACTOR”
CITY OF PICO RIVERA TANKO LIGHTING, INC.
____________________________ ______________________________ Steve Carmona, City Manager Jason Tanko, Chief Executive Officer Dated: ______________________ Dated:_________________________ ATTEST: APPROVED AS TO FORM:
____________________________ _______________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney
Exhibit B - (Revised April 12, 2022)

ONGOING MAINTENANCE
Service Type Units
Sierra Pacific Standby $/Pole/Month Maintenance Program Per Light Fixture Tanko Oversight $/Pole/Month Maintenance Program Per Light Fixture Housidshield Installation (Materials and labor) Per Light Fixture Job Classification
Street Light Maintenance Worker $ 132.00 $ 160.38 $ 211.64 Foreman $ 132.00 $ 160.38 $ 211.64
Laborer $ 80.30 $ 113.32 $ 154.09
Hourly Rate/Regular Hours Hourly Rate/After Hours Hourly Rate/Holiday Cost
$0.33
$0.86
$65.00

MAINTENANCE NOT COVERED BY

WARRANTY

To: Mayor and City Council
From: City Manager
Meeting Date: April 12, 2022
Subject: FISCAL YEAR 2020-21 GENERAL FUND YEAR-END

SURPLUS ALLOCATION
Recommendation:

1. Approve a Budget Adjustment allocating the fiscal year (FY) 2020-21 General Fund operating surplus of $8,025,393.

Fiscal Impact:

The discussion below provides a summary of financial data found in the Annual Comprehensive Financial Report (ACFR) for the FY ending June 30, 2021. The fiscal impact associated with FY 2020-21 General Fund Year-End recommendations includes previous commitments, contingencies, and provides funding for other important projects and services as described in this report. The recommended funding allocations in the amount of $8,025,393 will provide critical needs identified by City staff.

Discussion:

At the February 8, 2022 City Council meeting, the honorable members asked for additional time and an opportunity to provide input and recommendations for allocating the FY 2020-21 Year-end Surplus. This memorandum provides an overview of staff recommendations.

The underlying foundation for the development of City Manager recommendations is our established set of priorities, as crafted within our adopted Strategic Plan:
• Fiscal and Organizational Sustainability
• Economic Development and Land Use
• Infrastructure
• Health, Wellness and Safety
• Community Engagement
Additionally, in building the list of options for City Council consideration, we aim to promote the effective, efficient, and prudent distribution of the year-end surplus.

CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 12, 2022
FISCAL YEAR 2020-21 GENERAL FUND YEAR-END SURPLUS ALLOCATION

Because surpluses are unpredictable in nature, it is recommended that they be used to support one-time unavoidable expenditures or unfunded infrastructure needs.

PART I – ITEMS PREVIOUSLY APPROVED
Strategic Goals: Fiscal Sustainability/ Economic Development, Land Use To aid in identifying the items we are recommending, we thought it’d be prudent to first provide City Council the items that were previously approved to be funded from the surplus. These previously approved items total $2,395,500. These have all previously been recommended to City Council over the past several months.

Community and Economic Development Strategic Plans and Studies - $1,835,000 The Community and Economic Development (CED) Department has several roles from identifying key locations for proper land use planning, assisting in providing programs for low-income families to assist in housing affordability, protecting the health and safety of the community via the Building Division, Code Enforcement and Emergency Preparedness, to prioritizing Economic Development as the key to revenue enhancement strengthening the fiscal stability of the City. The CED Department focuses on developing several strategies to continue to meet these goals.

In May 2021, when staff presented the third quarter review with year-end estimates, we estimated that the City’s General Fund would likely have a surplus for FY 2020-21.

Taking into consideration the need for Economic Development, Land Use, and Fiscal Sustainability, staff proposed that part of the year-end surplus be dedicated to the following projects totaling $1,835,000:

Strategic Goals: Economic Development/ Land Use/ Fiscal Sustainability Amount
Required by the State: $ 765,000
General Plan Update 300,000
Housing Element Land Use/Zoning Update 115,000
Zoning Code Update 150,000
Impact Fee Update (PIE, Open Space) 200,000
Policy Direction: $ 300,000
Citywide Design Guidelines 300,000
Promote Economic Development/Land Use: $ 500,000
North Slauson/East Rosemead Specific Plan 200,000
Economic Development - Land Acquisition 300,000
Revenue Enhancement Initiatives: $ 270,000
Business Improvement District Study 100,000
Sustainability Financing Study 100,000
Infrastructure and Revitalization Financing District Study 20,000 Study - EIFD, Community Revitalization and Investment Authority 50,000 $ 1,835,000
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 12, 2022
FISCAL YEAR 2020-21 GENERAL FUND YEAR-END SURPLUS ALLOCATION

Required by the State of California
• $300,000 towards General Plan Update - The General Plan serves as the City’s constitution for future development providing goals, objectives and strategic plans, and should be updated every 10 years, at a minimum. The last comprehensive update was completed in 2014, and because the development of an updated plan spans over more than one fiscal year, staff requests allocation of surplus funds towards this effort to ensure a good plan is in place by 2024.

The start of this multi-year process will include all Departments, City officials and stakeholders to assist in developing the update.
• $115,000 towards Housing Element Zoning Updates - The Housing Element of the General Plan identifies the City’s housing conditions and needs, establishes the goals, objectives, and policies that are the foundation of the City’s housing strategy, and provides an array of programs to create sustainable, mixed-income neighborhoods across the City. Once the Housing Element is completed a strategy will be developed to identifying parcels for housing at varying affordability levels. The second phase will update the General Plan and Zoning Ordinance to change zoning for the identified parcels. • $150,000 towards Zoning Code Update - Title 18, Zoning of the Pico Rivera Municipal Code is the main tool utilized by the Planning Division to regulate form and function of the community. It is vital to continually update this title in order to meet the changing needs of the community and stay current with state law and urban planning innovation.
• $200,000 towards Impact Fee Update - The Public Image Enhancement (PIE) fee and Open Space fee are two (2) developer impact fees which help to generate funds for the creation of additional park space and/or improvements to public spaces. The fee updates will ensure the City is compliant with state guidelines while identifying other impact fees that the City may consider.

Development Impact Fees are created under Assembly Bill 1600 (AB 1600), also known as the Mitigation Fee Act. AB 1600 requires agencies to report annually on the fees collected and their use. If an agency has not kept up with the Mitigation Fee Act reporting requirements, their impact fee fund balances are at risk.

Policy Direction
• $300,000 towards Citywide Design Guidelines - The creation of Citywide Design guidelines will promote architectural and design symmetry in buildings, landscape and public spaces to improve areas deficient in aesthetic character and preserve the City’s overall design standards.

Promote Economic Development/Land Use
• $200,000 towards the North Slauson Avenue/East Rosemead Specific Plan - The area north of Slauson Avenue, East of Rosemead Boulevard is developed with a hodgepodge of underutilized parcels including housing, industrial, commercial and vacant sites. The creation of a Specific Plan will help to gear CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 12, 2022
FISCAL YEAR 2020-21 GENERAL FUND YEAR-END SURPLUS ALLOCATION

this area toward its highest and best use, providing incentives thereby attracting appropriate development to the area increasing the sales and/or property taxes. • $300,000 towards Land Acquisition - To assist in revitalization efforts, the City will explore funding sources to acquire property that can be utilized for a public purpose (affordable housing, park expansion, right of way, etc.) and be partnered with adjacent private property owners or prospective developers to redevelop portions of the City. Potential funding sources that will be explored include: Cap & Trade, New Market Tax Credits, 63-20 Bond Program, and other funding sources. This $300,000 funding would provide for partial funding, including matching for any identified grant opportunities.

Revenue Enhancement Initiatives
• $100,000 towards Establishing a Business Improvement District (BID) - The creation of Whittier Business Improvement District will enhance the desirability, vibrancy and safety of the area by improving local services and reviving this commercial area without raising general taxes. The Business Improvement District will providing supplemental services via annual assessments paid by business and property owners within their boundaries.
• $100,000 towards Sustainability Financing Study - Work with an experienced financial consultant to prepare a study to explore the feasibility of creating an Infrastructure and Revitalization Financing District, Enhanced Infrastructure Financing District, Community Revitalization and Investment Authority or other funding structures to implement projects to serve as a catalyst for private Revitalization.
• $20,000 towards an Enhanced Infrastructure Financing District (EIFD) Feasibility Study – This study will allow us to determine the feasibility of forming an EIFD within the City. EIFDs give local governments a promising new tool for tax-increment financing, with significantly greater flexibility for investment and substantially streamlined procedures than exist under current law. The formation of an EIFD would allow the City to create an infrastructure financing plan to help fund infrastructure development and community revitalization. The financing raised will be utilized to raise funding for infrastructure improvements, land assembly and housing.
• $50,000 towards a Community Revitalization and Investment Authority (CRIA) Study – This study will allow us to determine the feasibility of establishing a CRIA project area in disadvantaged areas of the City based on Community Redevelopment Law (AB 2280). Community Revitalization and Investment Authorities are a valuable tool that can allow local government to improve the quality of life for its citizens without undue financial burden. By working within our community to identify areas of improvement within the City, and by utilizing the CRIA framework, the City has a unique opportunity for responsible community reinvestment. CRIA districts are a potential game changer for local cities like Pico Rivera, as it can allow completion of vital community identified projects that the general fund just cannot absorb. This can help improve our local community by allowing an alternate source of funding for projects at a time CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 12, 2022
FISCAL YEAR 2020-21 GENERAL FUND YEAR-END SURPLUS ALLOCATION

when existing funding sources are limited or becoming more competitive.

Other Previously Approved Items - $560,500
• $30,000 towards the Mariachi Festival - The City and nonprofit organization Asociación de Jalicienses Unidos en Accion (AJUA) hosted a Mariachi Festival, honoring Hispanic Heritage month, on October 8, 2021. The free of charge event was held on Mines Ave. adjacent to Smith Park, and included a variety of performances by Mariachi Nuevo Tecalitlan, Mariachi Estrellas De Mexico and Ballet Mexico Folklorico group. The City’s Parks and Recreation and Public Works Departments coordinated the street closure and staging efforts for the event. A total of $30,000 was allocated from year-end surplus to fund for event expenses.
• $175,000 towards the Pico Park Paving for Mini-Pitch Project - On June 22, 2021 the City Council authorized the purchase and installation of a U.S. Soccer Foundation Mini-Pitch soccer court and necessary paving. Upon receipt of bids for the paving portion of the project, it was realized that costs were increased from the original engineer’s estimate. Staff believe that the recent extreme pricing increases in building material costs as well as labor shortages have contributed to this discrepancy. On October 12, 2021, the City Council approved an additional appropriation of $175,000 in funds from realized General Fund FY 2020-21 budget surplus to fund this cost.
• $10,000 towards the HdL Business License Fee Study - The City has obtain Hinderliter, De Llamas & Associates (HdL) to provide a Business License Tax Ordinance/Fee Study which includes the examination of current tax register analysis, fee analysis, comparative study, and modified tax structure options. In conjunction with City staff, HdL will draft a series of possible business tax restructuring options. The final report will include a complete business license tax structure recommendation along with revenue and cost impacts associated with each proposed model. Staff recommends allocating $10,000 to complete the Business License Tax Ordinance/Fee Study.
• $345,500 towards IT Infrastructure Improvements - The City of Pico Rivera conducted an Information Technology (IT) assessment on the City’s current IT infrastructure to gain an objective view of how technology services are currently being used and managed, to measure the capabilities, resources, vulnerabilities, internal IT priorities, identify gaps, and propose improvement recommendations.

These recommendations include improving network reliability, security, and utilize current IT technology. At the February 8, 2022 City Council meeting, council approved additional appropriations from the FY 2020-21 Year-end Surplus in the amount of $345,500 to implement the list of recommended projects and needs that will ensure the City will continue to improve our technology and function more efficiently and effectively.

CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 12, 2022
FISCAL YEAR 2020-21 GENERAL FUND YEAR-END SURPLUS ALLOCATION

PART II – HIGH PRIORITY CITY MANAGER RECOMMENDATIONS
Strategic Goals: Infrastructure/ Health, Wellness & Safety/ Economic Development/ Fiscal & Organizational Sustainability
Vehicle Replacement for Public Works - $1,000,000
The City is responsible for the preventative maintenance, repair, acquisition, and replacement of City vehicles and equipment to provide vital services to the community and accomplish operational goals and purpose in a safe and effective manner. The City strives to maintain the fleet at a sufficient level to minimize future repair and maintenance costs. The timely replacement of vehicles and related equipment avoid frequent unplanned operation interruption. The Public Works Department has identified the immediate need to replace 13 vehicles and equipment. Staff recommends allocating $1,000,000 to replace the needed vehicles and equipment to prevent substantial delays in daily operations.

City Hall Council Chambers & Media Division Audio, Visual, and Broadcasting System Upgrades - $340,000
The City broadcasts the City Council and City Commission meetings along with local programming on CTV3. The vast majority of the A/V/B equipment in the Council Chambers is outdated and displaying signs of deterioration with software soon to be obsolete. System crashes, sound interference, and equipment malfunctions occur frequently, disrupting the quality of live streaming to viewers. The pandemic has emphasized the need to address faulty equipment and an aging A/V/B system for meaningful public civic engagement and meeting future technological advancements.

Staff is recommends allocating $340,000 for media equipment, audio/visual design and build services, as well as facility improvements to enhance the usability and accessibility of this space to the community. Enhancements would include: accessibility upgrades, including Americans with Disabilities Act (ADA) required improvements, Audio/Visual Technology upgrades, and replacement of furniture.

Climate Action Plan Sustainability Initiative - $100,000 The Global Warming Solutions Act of 2006 (AB 32) required the California Air Resources Board (CARB) to prepare a Scoping Plan to achieve greenhouse gas (GHG) emission reductions. California’s Climate Change Scoping Plan encourages local governments to adopt goals to reduce GHG emissions by 15% below 1990’s levels by 2020, 40% below 1990 levels by 2030, and 80% below 1990 levels by 2050. To meet the State’s GHG emission reduction goals, over 181 California cities have adopted Climate Action Plans (CAP). CAPs are comprehensive roadmaps for Cities to reduce greenhouse gas emissions through targeted activities that can achieve the greatest GHG emission reductions in the most cost-effective manner. The Office of Sustainability received a $50,000 grant from SoCal Gas to support climate action and adaptation planning in January 2022. Developing a CAP will benefit the City by establishing a roadmap to create local jobs, promote healthier communities, become more energy self-sufficient, enhance social equity, reduce GHG emissions, improve air CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 12, 2022
FISCAL YEAR 2020-21 GENERAL FUND YEAR-END SURPLUS ALLOCATION

quality, protect natural systems, and save money. Staff recommends allocating $100,000 to complete a comprehensive Climate Action Plan.

Whittier Boulevard Specific Plan - $450,000
After long in-depth analysis, community engagement and guidance from Council through the Ad-Hoc Economic Development Committee, the corridor revitalization program was born as a meaningful approach to not only address a myriad of city challenges but to actively stimulate new, smart growth and development. Five (5) major corridors – two (2) rivers and three (3) commercial corridors - were identified as high priority. Among them, Whittier Boulevard presented the greatest potential for revitalization given the cultural and historical significance within the region. Staff developed a comprehensive program to strategically align policies, plans, programs, projects, resources, and partners and has successfully secured over $2.2 million in grant funds dedicated to enhancing the corridor. Building on this incredible momentum, staff is now recommending to develop a comprehensive specific plan that will strive to balance new development with community benefits while exploring the establishment of a formal “uptown” district in Pico Rivera.

Teen Center Design - $200,000
The Teen Center Renovation Project includes tenant improvements to the center and the design of the state-of-the-art broadband design. This project will provide current technology upgrades to serve the connectivity needs of the young residents served by this CDBG eligible neighborhood. To be eligible for CDBG funding the residents must fall within 80% or less of the Area Median Income. For the design process, an architect will be procured to assist with the tenant improvement design and engineering.

Broadband designs will be prepared to increase the range of frequencies and internet traffic types to enable multiple simultaneous messages at fast internet speeds. Staff recommends allocating $200,000 to finalize the project.

ADA Implementation Coordinator - $100,000
The City is required under Title II of the Americans with Disabilities Act (ADA) guidelines to have a formal ADA Transition Plan that identifies existing obstacles limiting accessibility and describing steps to be taken to ensure that facilities within the public right-of-way are made accessible to all individuals. An ADA Coordinator is an individual designated to coordinate and implement ADA compliance activities and the ADA Transition Plan. The ADA Coordinator is instrumental in ensuring that compliance of all the Transition Plan elements are implemented including policy development, practices, and procedures. The ADA Coordinator is experienced with local government’s structure, activities, programs, and employees. Staff recommends $100,000 to obtain an ADA Coordinator that meet the ADA Transition Plan needs and implementation requirements.

Travel and Training - $20,000
The City supports the pursuit of education and training by elected officials and its staff to better serve the community. Due to the pandemic, travel and training has been CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 12, 2022
FISCAL YEAR 2020-21 GENERAL FUND YEAR-END SURPLUS ALLOCATION

postponed. Staff recommends allocating $20,000 for the purpose of personal growth, group discussions, and training for elected officials and staff for professional development.

Legislative Advocacy Platform - $250,000
Ensuring our City’s interest are heard calls for an active and engaged legislative advocacy program, which guides how the City advocates for its legislative and policy interests by enabling the City Council and City staff to address legislative and regulatory issues promptly. Additionally, the City needs a platform that supports opportunities for the City to compete for its share of regional, state, and federal funding. The City continues to explore every opportunity to acquire additional American Rescue Plan Act (ARPA) funding from County, State and Federal agencies to help build our needed infrastructure projects. The state of California received $42.63 billion in ARPA Funds, and the County of Los Angeles received $1.9 billion.

This program would also seek support funding for programs with benefits to air quality, water quality, affordable housing, infrastructure, multi-modal transportation systems, public safety, and public health. Additionally, it would lobby for direct attention to be focused on opposing measures that shift local funds to the county, state or federal governments and make cities more dependent on the county, state, or federal governments for financial stability, such as unfunded mandates or mandated costs with no guarantee of local reimbursement or offsetting benefits.

Staff seeks approximately $250,000 in funding towards a legislative platform that will advocate for the City’s interests, as described above.

PART III – COMMUNITY OUTREACH ENHANCEMENTS
Strategic Goals: Community Engagement/ Health, Wellness & Safety Summer Street Fest Concerts - $100,000
The City Summer Street Fest Concerts are a summer tradition. These free concerts have been incredibly popular in bringing the community together in a safe and welcoming manner. Due to the COVID-19 pandemic many special events have been cancelled. The City looks for the return of the crowd-pleasing summer concerts events in 2022. Staff recommends allocating $100,000 to host Summer Street Fest Concert events.

Community Leadership/Training Conferences - $50,000
The City’s Parks and Recreation would like to host a minimum of two (2) “Leadership Conferences” focused on promoting leadership among participants residing in Pico Rivera. The format of these conferences is still under development, but staff would like for each conference be dedicated to gathering young people in the hopes of educating them in areas such as finances, health and wellness, self-care, and leadership.

Leaders from around the state, region and local areas could provide educational CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 12, 2022
FISCAL YEAR 2020-21 GENERAL FUND YEAR-END SURPLUS ALLOCATION

sessions to help promote the area of expertise that the “leader” is specialized in. In addition, a mentorship luncheon would be provided to all guests in attendance and local leaders will be seated strategically at all tables to ensure that each participant gets an opportunity to learn and speak to potential mentors in their field of interest. Staff recommends allocating $50,000 to fund these conferences before the end of the 2022 calendar year.

Fourth of July Special Event – $75,000
Funding would cover the costs of holding a 4th of July Special Event, including a fireworks spectacular to offer a full “family friendly” patriotic celebration which will conclude with a 4th of July Firework Show. The cost of fireworks has steadily increased over the years and this cost includes firework show, entertainment, and event supplies.

As this will be our first year back after a two (2) year hiatus from COVID-19, we have added funds in there to manage social distance requirements or any other CDC requirements to ensure our community stays safe.

PART IV – FUTURE CONTRIBUTIONS TOWARDS FACILITY IMPROVEMENTS Strategic Goal: Infrastructure
Facilities Capital Outlay
Over the last five (5) years, funding for Capital Projects, primarily facilities, has been approved only as discretionary funds became available. Because of the deficits we faced in the past years, as well as the uncertainty of national, state and local economic stability, critical improvements to our facilities were deferred. The City has a variety of facilities many of which are approaching or over 50 years old and most have some need of a preventative maintenance program or in some cases major improvements such as our teen center which is not usable or our senior center which has ADA compliance challenges.

The City has made tremendous progress in funding some long-deferred projects with our American Rescue Plan Act (ARPA) allocation. A total of eight (8) projects were approved by City Council to be funded with our ARPA allocation. However, the list of unfunded project funding requirements far exceeded our allocation, and therefore, the City Manager would like for City Council to consider appropriating a portion, or all of the remaining amounts totaling $2,984,893 towards facilities capital outlay.

As Council is aware, the City is currently undergoing a comprehensive Facility Condition Assessment and Security Master Plan (Plan) for City owned buildings, parks and parking lots which will include the development of a clear set of goals, policies and objectives. The resulting study will identify and prioritize maintenance and capital infrastructure needs and provide a framework for a comprehensive operations and maintenance program for all City owned facilities, while providing a detailed security strategy to protect facilities and the users.

CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 12, 2022
FISCAL YEAR 2020-21 GENERAL FUND YEAR-END SURPLUS ALLOCATION

Rather than asking City Council to rate specific facility/infrastructure capital projects, staff is recommending the remaining available surplus is designated to fund the facility improvements that will be recommended by Bureau Veritas Technical Assessments, the group performing this comprehensive study. Should City Council approve this approach, the $2,984,893 or a portion thereof, can be designated towards future capital projects, and would be used to fund the recommended facility improvements.

Conclusion:

In summary, the collective total of the amounts outlined in this report is $8,025,393, and includes the following:

1. $2,395,500 in amounts previously allocated (Part I);

2. $2,460,000 in high priority projects (Part II);

3. $225,000 in community outreach enhancements (Part III); and

4. $2,944,893 in future contributions towards facility improvements (Part IV). If approved, this amount will be transferred to the Capital Improvement Fund (Fund 400), to fund future capital projects.

Staff recommends City Council approve the $8,025,393 in proposed allocations of FY 2020-21 General Fund Year-end Surplus.

Steve Carmona
SC:AG:JG:ep

To: Mayor and City Council Members
From: City Manager
Meeting Date: April 12, 2022
Subject: APPROVE AN INCREASE IN THE FISCAL YEAR 2021-22

PURCHASE ORDER WITH FIESTA TAXI INCORPORATED

FOR PARATRANSIT SERVICES IN THE AMOUNT OF
$40,000
Recommendation:

1. Approve an increase in the Fiscal Year (FY) 2021-22 purchase order with Fiesta Taxi Incorporated (Fiesta Taxi) by an amount of $40,000 to be added to the current purchase order amount of $49,000; and

2. Authorize the City Manager to sign the increased purchase order.

Fiscal Impact:

The fiscal year (FY) 2021-22 Adopted Budget includes $572,000 in appropriations for paratransit services in the Transit Proposition A Fund (Account No. 205.80.8410- 54500.9123). These funds are reimbursable and paid for by annual funds received from the Proposition A sales tax. There is no impact to the General Fund.

Background:

In September 2012, the Pico Rivera City Council (City Council) approved Agreement No. 12-1318 with Fiesta Taxi to provide Dial-A-Cab (DAC) paratransit service to senior residents aged 55 years and older and individuals with disabilities. The current program operates seven (7) days a week, 24 hours a day. DAC transportation is provided within the City limits and up to six (6) miles outside the City of Pico Rivera (City) limits. The DAC service has a $1.00 co-pay for qualified riders, and riders have a maximum of 20 trips per month.

In June 2016, the City Manager, extended these agreements with a final term ending in August 2018. Subsequently, the then Acting City Manager entered into a month-to-month agreement with Fiesta Taxi.

The DAC program averages 530 trips per month, and ridership has been increasing due to the ease of coronavirus (COVID-19) pandemic related restrictions and the City’s CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 26, 2022
APPROVE AN INCREASE IN THE FISCAL YEAR 2021-22 PURCHASE ORDER WITH

FIESTA TAXI INCORPORATED FOR PARATRANSIT SERVICES IN THE AMOUNT OF $40,000

reopening facilities. Increasing the current purchase order by an amount of $40,000 is needed to continue operating the City’s DAC service and meet Pico Rivera residents’ transportation needs.

Discussion:

Fiesta Taxi calculates its invoices for the City based on a fee per trip, a cost per mile, and any additional cost for printing new DAC cards for participants. Monthly invoices average $8,400 per month. Due to the anticipated cost to operate the City’s DAC service for the remainder of FY 2021-22, an increase of the existing purchase order of $40,000 is required. At this time, the City’s DAC service is still on a month-to-month contract.

Fiesta Taxi was instrumental in assisting the City with transporting seniors to and from testing and vaccine sites during the height of the COVID-19 pandemic. The City’s DAC service ridership is increasing due to the easing of pandemic-related restrictions, resulting in rising monthly costs. Fiesta Taxi has been a consistent partner with the City for almost ten (10) years, and the DAC program is a complimentary service to the City’s Dial-A-Van (DAV) service. DAC operates seven (7) days a week, 24 hours a day, whereas DAV only operates Monday – Friday from 8:00 a.m. – 4:00 p.m. The DAC service allows more flexibility for riders to ride independently, as opposed to DAV, a shared service.

Conclusion:

Approve an increase of $40,000 to the current purchase order with Fiesta Taxi to cover increased costs for the remainder of FY 2021-22 and authorize the City Manager to sign the increased purchase order.

Steve Carmona
SC:PY:ng
Enclosure: 1) Agreement No. 12-1318-3 (Original Agreement with Amendments 1-3)

A Regular Meeting of the Water Authority was held in the Council Chamber, Pico Rivera City Hall, 6615 Passons Boulevard, Pico Rivera, California.

Meeting was jointly held with the City Council and Water Authority. Items appear as listed on the combined agenda for the meeting of March 8, 2022.

Authority President Dr. Sanchez called the meeting to order at 6:39 p.m.

PRESENT: Camacho, Elias, Lara, Lutz, Sanchez
ABSENT: None
PUBLIC COMMENTS: None
PUBLIC HEARING: None
CONSENT CALENDAR:

Water Authority:

9. Minutes:
• Approved Water Authority meeting of December 14, 2021

10. Water Main Replacement Project (CIP No. 21360) – Notice of Completion. (500)

1. Accepted the work as completed for the Water Main Replacement Project, CIP No. 21360 constructed by Stephen Doreck Equipment Rentals, Inc. and authorized the Authority Secretary to file the Notice of Completion with the Los Angeles County Registrar-Recorder; and

2. Authorized the Executive Director to release the retention payment to Stephen Doreck Equipment Rentals, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded.

11. Water Well Nos. 1, 3, 11 and 12 Rehabilitation Project (CIP No. 21337) – Additional Appropriation and Change Order. (700)

1. Authorized change order in an amount not-to-exceed $64,410 for Water Well Nos. 1, 3, 11 and 12 Rehabilitation Project (CIP No. 21337); and

2. Authorized a budget amendment to the fiscal year 2021-22 adopted budget by appropriating an additional $55,000 in Water Funds (Fund 550) to Account No. 50.70.7340.54500-21337.

Motion by Vice President Lutz, seconded by Commissioner Camacho to approve Consent Calendar Item Nos. 9 through 11. Motion carries by the following roll call vote:

Tuesday, March 8, 2022
3-8-22 Water Minutes

AYES: Camacho, Elias, Lara, Lutz, Sanchez
NOES: None
CONSENT CALENDAR ITEMS PULLED FOR FURTHER DISCUSSION: None REGULAR AGENDA: None
ADJOURNMENT:

President Dr. Sanchez adjourned the Water Authority meeting at 8:37 p.m. There being no objection it was so ordered.

AYES: Camacho, Elias, Lara, Lutz, Sanchez
ABSENT: None
________________________________
Dr. Monica Sanchez, President
ATTEST:
________________________________
Anna M. Jerome, Authority Secretary
I hereby certify that the foregoing is a true and correct report of the proceedings of the Water Authority regular meeting dated March 8, 2022 and received and filed by the Water Authority on April 12, 2022.
_______________________________
Anna M. Jerome, Authority Secretary
To: President and Commissioners
From: Executive Director
Meeting Date: April 12, 2022
Subject: PFAS TREATMENT SYSTEMS- PLANTS 1, 2 AND WELL 5 PROJECT (CIP NO. 50042) – AWARD CONSTRUCTION
Recommendation:

1. Approve the plans and specifications for the PFAS Treatment Systems - Plants 1, 2 and Well 5 Project, CIP No. 50042;

2. Award a construction contract for a not-to-exceed amount of $4,696,351.00 to Metro Builders & Engineers Group Ltd. (Metro Builders) for the PFAS Treatment Systems- Plants 1, 2 and Well 5 Project, CIP No. 50042; and authorize the Executive Director to execute the contract agreement (Enclosure 1) in a form approved by the City Attorney;

3. Authorize the Public Works Director to process change orders, as needed, in an amount not-to-exceed $469,635.00 (approximately 10% of the total contract amount) for construction contingency; and

4. Approve the Notice of Exemption (NOE) for the subject project (Enclosure 2) and authorize the City Clerk to file the NOE with the County Recorder, in accordance with the California Environmental Quality Act (CEQA).

Fiscal Impact:

The adopted fiscal year (FY) 2021-22 budget includes adequate appropriations in the Water Authority Funds (Account No. 550.70.7340.54500.50042) to cover 100% of the cost of this construction contract plus contingencies ($5,165,986).

In addition, the City has applied for a grant from the Water Replenishment District of Southern California (WRD) in the amount of $5,853,000. As recommended by WRD staff, this amount was approved at the WRD CIP Committee and is scheduled to be presented to the WRD Board on April 7, 2022. An update on this action will be available prior to the City Council meeting of April 12, 2022. If approved, this grant will be used for this project and any remaining grant funds will be used to reimburse the Water Authority Fund for pre-procured materials and equipment for the project.

WATER AUTHORITY AGENDA REPORT – MEETING OF APRIL 12, 2022 PFAS TREATMENT SYSTEMS- PLANTS 1, 2 AND WELL 5 PROJECT (CIP NO. 50042) – AWARD CONSTRUCTION

No additional funding is required at this time. There is no fiscal impact to the General Fund.

Background:

On May 23, 2019, the Pico Rivera Water Authority (PRWA) was required to monitor perfluorooctanioic acid (PFOA) and perfluorooctaniesulfonic acid (PFOS), two (2) compounds within the PFAS family of chemicals, by the State Water Resources Control Board (SWRCB) and the Department of Drinking Water (DDW). The results showed that the levels for PFOS and PFOA had exceeded the notification levels set for PFOS at 13 parts per trillion (ppt) and PFOA at 14 ppt. On August 27, 2019, PRWA Commissioners were notified of California Health and Safety Code Section 116455 regarding the exceedance of the notification level (NL) for PFOS/PFOA and the detection levels in the groundwater supply. PRWA has continued to comply with SWRCB and DDW regulations including consumer notification of water quality in the Annual Consumer Confidence Report and the required monitoring of each well.

In February 2020, DDW established a new NL of 5.1 ppt and 6.5 ppt for PFOA and PFOS, respectively. It has also established new Response Level (RL) of 10 ppt and 40 ppt for PFOA and PFOS, respectively as well as providing a tentative schedule to regulate PFOA and PFOS by establishing a maximum contaminate level (MCL’s) by winter of 2023. Department of Drinking Water has also started the process of reviewing other PFAS compounds in addition to PFOA and PFOS for possible regulations, but a schedule for establishing NL, RL, or MCL’s has not yet been identified for said compounds.

On May 5, 2020, the SWRCB issued a General Order to monitor PRWA wells beginning in the third quarter of 2020. The SWRCB recommends the removal of wells from service, if the well exceeds the new NL of 5.1 ppt and 6.5 ppt for PFOA and PFOS, respectively. Additionally, the PRWA may be required to remove a well from service if the RL is 10 ppt and 40 ppt for PFOA and PFOS, respectively.

Discussion:

The City of Pico Rivera's 2020 Water Master Plan identified water quality as the highest priority and noted that PFAS treatment is necessary for all active wells currently producing the water supply. The project consists of providing PFAS treatment systems to be constructed at PRWA Plant Nos. 1, 2, and at Water Well No. 5.

In order to capitalize on potential grant funding, the project has been split into two phases. The first phase consists of treatment at Plant No. 1, Plant No. 2 and Well No.

5. The second phase will consist of treatment at Plant No. 3 and is anticipated to be in constructed within 24 months, allowing time for application and potential award of future grant(s).

WATER AUTHORITY AGENDA REPORT – MEETING OF APRIL 12, 2022 PFAS TREATMENT SYSTEMS- PLANTS 1, 2 AND WELL 5 PROJECT (CIP NO. 50042) – AWARD CONSTRUCTION

Staff developed plans, specifications and contract documents for the first phase, approved by the City Engineer, which are available in the Public Works Department for review.

Advertising and Bidding
On January 14, 2022 and January 21, 2022, the Notice Inviting Bids (NIB) was advertised in the Cerritos Newspaper and was posted on Planet Bids through the City’s website. On March 16, 2022, six (6) bids were received and opened by the City Clerk in a public forum. The following summarizes the bids received:

CONSTRUCTION COMPANY BID AMOUNT
METRO BUILDERS $4,696,351.00
MEHTA MECHANICAL CO. INC. $4,863,000.00
GARNEY PACIFIC, INC. $5,068,000.00
FLATIRON WEST, INC. $5,311,400.00
KIEWIT INFRASTRUCTURE WEST CO. $5,677,000.00
J.K. FILANC CONSTRUCTION CO., INC. $6,004,755.00
Staff completed the analysis of the bids and determined Metro Builders to be the apparent low and responsible bidder. Staff has verified Metro Builders’ references and found their past performance on jobs of similar size and scope to be satisfactory. Metro Builders has performed work for the City of Newport Beach, CA and City of Los Angeles, CA. Their bid, bonds and insurance documents are in order and their contractor’s license is current.

The Notice of Intent to Award for this project was published on March 22, 2022. The bid protest period expired after seven (7) days on March 29, 2022. No written bid protests were received.

Schedule
The anticipated schedule for the project is as follows:
 Award Construction …………..… April 2022
 Start Construction ………………. April/May 2022
 Complete Construction …………. May/June 2023
Construction Management/Inspection Contract
On September 28, 2021 a request for task proposals (RFTP) was sent to pre-qualified firms under the on-call construction management and inspection services agreement to provide construction management, constructability review and inspection services. On October 13, 2021, two (2) proposals were received. Of the two (2) proposals, TRC Engineers, Inc. was selected based on being the only consultant proposing to use staff having extensive experience on other PFAS Treatment Systems. On November 15, WATER AUTHORITY AGENDA REPORT – MEETING OF APRIL 12, 2022 PFAS TREATMENT SYSTEMS- PLANTS 1, 2 AND WELL 5 PROJECT (CIP NO. 50042) – AWARD CONSTRUCTION

2021, a Notice to Proceed was issued to TRC Engineering, Inc., for an amount not-toexceed $280,750.

Project Budget
The total project budget is summarized as follows:

Task Description Amount
Design $ 1,333,294
Pre-procured Equipment and Materials $ 6,061,905
Construction $ 4,696,351
Contingency (10%) $ 469,635
Construction Management and Inspection $ 280,705
Project Management $ 50,000
Total Estimated Project Cost $12,891,890
Environmental Analysis:

California Environmental Quality Act
The project has been reviewed for environmental compliance. Pursuant to the guidelines of the California Environmental Quality Act, the PFAS Treatment System Project is categorically exempt under Class 1 Section 15301(c) for existing facilities (Enclosure 2). Under CEQA, a project is exempt if the scope of work is limited to the repair, maintenance, reconstruction or minor alterations of an existing facilities.

Conclusion:

Staff recommends award of a construction contract to Metro Builders for a not-toexceed amount of $4,696,351. Additionally, authorize the Interim Public Works Director to process change orders, as needed, in an amount not-to-exceed $469,635 (approximately 10% of the total contract amount) for construction contingency to complete the project.

Steve Carmona
SC:TR:GE:ll
Enclosures: 1) Construction Contract
2) CEQA Notice of Exemption

PICO RIVERA WATER AUTHORITY CONTRACT FOR
PFAS TREATMENT SYSTEMS- PLANTS 1, 2 AND WELL 5
(CIP NO. 50042)
THIS CONTRACT (“Contract”) is made and entered this 12 day of April, 2022 (“Effective Date”), by and between the PICO RIVERA WATER AUTHORITY (“PRWA”) and Metro Builders & Engineers Group, Ltd., (“Contractor”). The Contractor’s California State Contractor’s license number is 597589. The Contractor and the PRWA are sometimes referred to herein collectively as the “Parties” and singularly as “Party.”
In consideration of the mutual covenants hereinafter set forth, the Parties hereto agree as follows:

1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid Proposal (including documentation accompanying the Bid Proposal and any post-Bid Proposal documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. In the event there is a conflict between the terms of this Contract and the Contract Documents, the more specific or stringent provision shall govern.

PRWA shall decide which document contains the more specific or stringent provision. The Contract Documents are attached hereto and incorporated herein by reference.

2. Scope of Services. The Contractor shall perform and provide all materials, tools, equipment, labor, and services necessary to complete the Work in a good and workmanlike manner for the project identified as PFAS Treatment Systems- Plants 1, 2 and Well 5 (“Work”); Project No. 50042 (“Project”), as more particularly described in the Contract Document.

3. Compensation.

3.1 Contract Price and Basis for Payment. In consideration for the Contractor’s full, complete, and timely performance of the Work required by the Contract Documents, the PRWA shall pay the Contractor for the actual quantity of Work required under the Bid Items awarded by the PRWA performed in accordance with the lump sum prices and unit prices for Bid Items, set forth in the Bidder’s Bid Schedule submitted with the Bid Proposal. The sum of the unit prices and lump sum prices for the Bid Items, awarded by the PRWA is Four Million, Six Hundred Ninety Six Thousand, Three Hundred and Fifty One dollars ($4,696,351.00) (“Contract Price”). It is understood and agreed that the quantities set forth in the Bidder’s Proposal for which unit prices are fixed are estimates only and that the PRWA will pay and the Contractor will accept, as full payment for these items of work, the unit prices set forth in the Bidder’s Proposal multiplied by the actual number of units performed, constructed, or completed as directed by the City Engineer.

3.2 Payment Procedures. Based upon applications for payment submitted by the Contractor to the PRWA, the PRWA shall make payments to the Contractor in accordance with Section 9 of the Standard Specifications, as modified by Section 9 of the General Provisions.

3.3 Substitution of Securities. Pursuant to Public Contracts Code Sec. 22300, Contractor shall be allowed to substitute securities for any moneys withheld by the PRWA to ensure performance under a contract, unless, federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of the Contractor, securities equivalent PRWA Agreement
Metro Builders & Engineers Group, Ltd.

to the amount withheld shall be deposited with the PRWA, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.

4. Contract Time.

4.1 Initial Notice to Proceed. The City shall issue the “Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials.” The date specified in the Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials constitutes the date of commencement of the Contract Time of __235__ Working Days. The Contract Time includes the time necessary to fulfill preconstruction requirements, place the order for materials, and to complete construction of the Project (except as adjusted by subsequent Change Orders).

The Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials shall further specify that the Contractor must complete the preconstruction requirements and order materials within __15___ Working Days after the date of commencement of the Contract Time; this duration is part of the Contract Time.

Preconstruction requirements include, but are not limited to, the following:
 Submitting and obtaining approval of Traffic Control Plans  Submitting and obtaining approval of the Stormwater Pollution Prevention Plan (SWPPP)/Water Pollution Control Plan (WPCP)
 Submitting and obtaining approval of critical required submittals  Obtaining an approved no fee Encroachment Permit
 Obtaning a Temporary Use Permit for a construction yard  Notifying all agencies, utilities, residents, etc., as outlined in the Contract Documents

4.2 Notice to Proceed with Construction. After all preconstruction requirements are met and materials have been ordered in accordance with the Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials, the PRWA shall issue the “Notice to Proceed with Construction,” at which time the Contractor shall diligently prosecute the Work, including corrective items of Work, day to day thereafter, within the remaining Contract Time.

5. Liquidated Damages for Delay and Control of Work.

5.1 Liquidated Damages. The Contractor and the PRWA have agreed to liquidate damages pursuant to Section 6-9 of the General Provisions.

6. Early Completion.

Not applicable.

PRWA Agreement
Metro Builders & Engineers Group, Ltd.

7. Work after Stop Work Notice. Any Work completed by the Contractor after the issuance of a Stop Work Notice by the PRWA shall be rejected and/or removed and replaced as specified in the applicable Section of the Special Provisions.

8. Antitrust Claims. In entering into this Contract, the Contractor offers and agrees to assign to the PRWA all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec.§ 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the PRWA tenders final payment to the Contractor without further acknowledgment by the Parties.

9. Prevailing Wages. The PRWA and the Contractor acknowledge that the Project is a public work to which prevailing wages apply. The PRWA has entered into the “Community Workforce Agreement” (“CWA”) with the Los Angeles and Orange Counties Building and Construction Trades Council attached as Appendix II to the Bid Documents, which requires the payment of prevailing wages on general public works contracts of greater than $250,000, and specialty contracts of greater than $50,000, and certain labor compliance provisions. Specialty contracts are entered into between the PRWA and specialty contractors as defined in Business and Professions Code Section 7058, including Sections 832.02 through 832.62 of Title 16 of the California Code of Regulations.The Contractor awarded the Contract for the Work and all Subcontractors must agree to be bound by the CWA during performance of the Work. Each Contractor must submit a completed and executed Letter of Assent with its Bid Proposal; failure of a Bid Proposal to be accommpanied by the Contractor’s completed and executed Letter of Assent will render the Bid Proposal non-responsive and rejected. If awarded a contract, the successful Contractor shall comply with provisions of the CWA, including without limitation: (i) craft labor hiring practices; (ii) alternative dispute resolution procedures for Site grievances and jurisdictional disputes; and (iii) prevailing wage rate responsibilities. The CWA shall not apply if the PRWA receives funding or assistance from any Federal, State, local or other public entity for the construction Contract if a requirement, condition or other term of receiving that funding or assistance, at the time of the awarding of the contract, is that PRWA not require, bidders, contractors, subcontractors or other persons or entities to enter into an agreement with one or more labor organization or enter into an agreement that contains any of the terms of the CWA.

Public works projects not covered by the CWA shall be subject to the prevailing wage requirements of the California Uniform Public Construction Cost Accounting Act which has been adopted by the PRWA.

10. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.” PRWA Agreement
Metro Builders & Engineers Group, Ltd.

11. Miscellaneous Statutory Requirements

11.1. Contractor License. Contractor shall possess a California contractor’s license type for the performance of the Project.

11.2 Ineligible Contractor Prohibited. Any contractor or subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited from performing work under this Contract.

11.3 Compliance with SB 854 Registration. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The Contractor will be required to post job site notices as described in California Code of Regulation, title 8, section 16451(d).

11.4 Trenches, Excavations and Unknown Conditions. Pursuant to California Public Contract Code Section 7104, in the event the Work included in this Contract requires excavations more than four (4) feet in depth, the following shall apply. (a) Contractor shall promptly, and before the following conditions are disturbed, notify PRWA, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.
(b) PRWA shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, it shall issue a change order per Section 3-3 of the General Provisions. (c) In the event that a dispute arises between PRWA and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the Work, Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties.

11.5 Trench and Pipeline Safety. If this Contract is for more than $25,000 and involves excavation of any trench five (5) feet or more in depth, the Contractor shall submit a detailed plan of shoring, bracing, sloping or other provisions to be made for worker protection in accordance with Labor Code Section 6705. Such plan shall be approved by a qualified representative of the PRWA.

PRWA Agreement
Metro Builders & Engineers Group, Ltd.

11.6 Utility Relocation. PRWA is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. PRWA shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

11.7 Third Party Claims Notification. The PRWA shall timely notify the Contractor in writing of any third party claims relating to the Contract.

11.8 Unfair Business Practices Claims. The Contractor or subcontractor offers and agrees to assign to the PRWA all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the PRWA renders final payment to the Contractor without further acknowledgment by the Parties. (Section 7103.5, California Public Contract Code.).

11.9 Day’s Work. Contractor acknowledges that under California Labor Code sections 1810 and following, eight (8) hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to PRWA the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813).

11.10 Hazardous Materials and Unknown Conditions. Contractor shall notify PRWA in writing of the discovery of any of the following conditions, without disturbing the condition, as soon as Contractor, or any of Contractor’s subcontractors, agents or employees have knowledge and reporting is possible:
(1) The presence of any material that the Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; (2) Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or,
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of this character provided for in this Contract.

Pending a determination by PRWA of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.

PRWA shall promptly investigate the reported conditions. If PRWA, through its Director of Community Development and Public Works, or her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the Contractor’s cost of, or time required for, performance of PRWA Agreement
Metro Builders & Engineers Group, Ltd.

any part of the work, then PRWA shall issue a change order.

In the event of a dispute between PRWA and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights which pertain to the resolution of disputes and protests between the Parties.

11.11 Payroll Records. Contractor shall maintain the certified payroll records required by Labor Code Sec. 1776 (Section 1776) and shall report such records directly to the California Labor Commissioner as required by Labor Code Sec. 1771.4. Contractor and any subcontractor shall (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the PRWA of the location of the records. The Contractor shall inform the PRWA of the location of the records enumerated under Section 1776, including the street address, PRWA, and county, and shall, within five (5) working days, provide a notice of a change of location and address. The Contractor has ten (10) calendar days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the PRWA, the Contractor shall forfeit $100.00 for each day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.

11.12 Employment of Apprentices. Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract.

Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations.

12. Termination.

12.1. Termination for Convenience. The PRWA may terminate this Contract, in whole or in part, with thirty (30) days’ written notice to the Contractor when it is in the PRWA’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on Work performed up to the time of termination. The Contractor shall promptly submit its termination claim to PRWA to be paid the Contractor. If the Contractor has any property in its possession belonging to the PRWA, the Contractor will account for the same, and dispose of it in the manner the PRWA directs. The Contractor may terminate this Contract, in whole, with ninety (90 days’ written notice to the PRWA.

PRWA Agreement
Metro Builders & Engineers Group, Ltd.

12.2 Termination for Default. If at any time the Contractor is determined to be in material breach of the Contract, a Notice of Potential Breach of Contract shall be prepared by the PRWA, and will be served upon the Contractor and its sureties. If the Contractor continues to neglect or refuses to comply with the Contract or with the Notice of Potential Breach of Contract to the satisfaction of the PRWA within the time specified in such Notice, the PRWA shall have the authority to terminate the Contract for this Project.

12.3 Waiver of Remedies for any Breach. In the event that PRWA elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by PRWA shall not limit PRWA’s remedies for any succeeding breach of that or of any other term, covenant, or condition of the Contract.

13. Community Workforce Agreement. Contractor acknowledges and agrees that Contractor and its Subcontractors of any tier each agree to comply with the terms and conditions of the Community Workforce Agreement (“CWA”) executed between the PRWA and the Los Angeles and Orange Counties Building and Construction Trades Council, attached hereto as part of the Contract Documents. Contractor must submit a completed and executed Letter of Assent.

14. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

15. Authority. Any person executing this Contract on behalf of the Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of the Contractor and has the authority to bind the Contractor to the performance of its obligations hereunder.

16. Entire Contract. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated Contract between the PRWA and the Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

17. Attorney’s Fees and Costs. If either Party to this Contract is required to initiate or defend or made a party to any action or proceeding in any way connected with this Contract, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a Party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

18. Independent Contractor - The Contractor is and shall at all times remain as to the PRWA, a wholly independent contractor. Neither the PRWA, nor any of its officers, employees or agents shall have control over the conduct of the Contractor or any of the Contractors’ officers, employees or agents, except as herein set forth. The Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the PRWA, nor shall PRWA officers, employees or agents be deemed the officers, employees, or agents of Contractor as a result of this Contract.

PRWA Agreement
Metro Builders & Engineers Group, Ltd.

18.1 The Parties further acknowledge the following: (i) that Contractor shall provide the services outlined in the Scope of Services directly to PRWA; (ii) Contractor maintains a business location at the address listed under Section 19 that is separate and distinct from the PRWA; (iii) Contractor contracts with other businesses to provide the same or similar services and maintains a clientele without restriction from the PRWA; (iv) Contractor advertises and holds itself out to the public as available to provide the same or similar services; (v) unless otherwise specified in this Contract, Contractor provides its own tools, vehicles, and equipment necessary for performing the Scope of Services; (vi) Contractor has proposed and negotiated its own rates; and (vii) consistent with the nature and demands of the project and the PRWA’s business hours and PRWA staff availability, Contractor may set its own hours and location of work.

19. Notice. Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the U.S. Mail, prepaid, first-class mail, return receipt requested, addressed as follows:

To PRWA: Pico Rivera Water Authority
6615 Passons Boulevard
Pico Rivera, California 90660
Attention: City Engineer
To Contractor: Metro Builders & Engineers Group, Ltd.
2610 Avon St.

Newport Beach, CA 92663
Attention: Fouad Houalla, President/Secretary/CFO

20. Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the PRWA to enter into this Contract. Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of PRWA. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of PRWA.

21. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written.
[Signatures on following page]
PRWA Agreement
Metro Builders & Engineers Group, Ltd.

“PRWA”

PICO RIVERA WATER AUTHORITY
By:

Dr. Monica Sánchez, President
ATTEST: APPROVED AS TO FORM:

By: By:

Anna M. Jerome, Authority Secretary Arnold M. Alvarez-Glasman, General Counsel
Dated:
(“CONTRACTOR”)
By:

Fouad Houalla, President/Secretary/CFO

PROOF OF AUTHORITY TO BIND

CONTRACTING PARTY REQUIRED

Memorandum
2600 Michelson Drive
Suite 500
Irvine, CA 92612
United States
T +1.949.224.7500
F +1.949.224.7501
www.jacobs.com
Jacobs Engineering Group Inc.

Subject CEQA Class 1 Categorical Exemption Eligibility
Project Name Pico Rivera PFAS Treatment Project (CIP 50042) Attention Gene Edwards (City of Pico Rivera)
From Joe Aguirre (Jacobs)
Date March 30, 2021
Copies to Cindy Yeager (Jacobs)

1. Introduction
The Pico Rivera Water Authority (PRWA) currently provides irrigation, fire supply, and potable water to approximately 70% of the City of Pico Rivera’s incorporated area. PRWA’s core service is to provide reliable and quality potable water to the City’s residents and businesses. PRWA operates and maintains three water plant facilities and eight production wells throughout the City.

In August 2019, PRWA initiated service activities per state guidelines and it was determined that the Notification Level for PFOS and PFOA in the groundwater served to customers had been exceeded but was below the Response Level. PRWA’s need for PFAS remediation has increased significantly with implementation of the quarterly sampling by the Department of Drinking Water (DDW). After four quarters of water sampling, DDW may force PRWA to shut down water wells that are in non-compliance with the PFAS levels noted in the Third Unregulated Contaminant Monitoring Rule (UCMR3) and the July 2018 State Water Resources Control Board (SRCB) approval of the California Office of Environmental Health Hazard Assessment minimum reporting levels and purchase treated water from neighboring communities until compliance is achieved. PRWA is seeking to implement a per- and polyfluoroalkyl substances (PFAS) treatment system of PRWA’s water production wells (Project).

2. Project Location
The City of Pico Rivera (City) is located approximately 11 miles southeast of downtown Los Angeles on the eastern edge of the Los Angeles Basin, and on the southern edge of the San Gabriel Valley. The towns of Pico and Rivera were incorporated as one municipality and as a general law city on January 29, 1958. The City is bordered to the north by South El Monte, on the east by portions of the City of Industry, unincorporated Los Angeles County and Whittier, on the west by Montebello, and on the south by Downey.

The City has a total land area of approximately 8.9 square miles and is generally bound by Whittier Narrows Dam on the north, San Gabriel River on the east, Telegraph Road on the south and the Rio Hondo Channel on the west. Rosemead Boulevard (State Highway 19) runs north-south through the middle of the City. Whittier Boulevard (State Highway 72) runs east-west through the City.

The Project sites are part of the water network operated by PRWA and located entirely within the City of Pico Rivera. The sites associated with the Project are described in Table 2-1 below.

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Table 2-1 Project Component Locations
Site Well Location Drill Date
Plant 1
Well 1 8739 Gallatin Road
North side of Gallatin Road, between Calico Avenue and Bolker Way 1950
Well 2 1956
Plant 2
Well 3 8316 Washington Boulevard
Approximately 700 feet west of the intersection of Washington Boulevard and Paramount Boulevard
1955
Well 4 1960
Well 5 Well 5
8305 E. Slauson Avenue
North side of E. Slauson Avenue between Industry Avenue and Bluff Road 1970

3. Project Description
The Project would require the installation of Aqueo US Vets PF 12-520 Liquid Phase Adsorption Systems, which are designed to treat a wide range of contaminated process streams, at each of the sites listed in Table 2-1. Each system (unit) consists of two adsorbers, with piping, connections, filters, valves, and gauges. Each unit would be placed on a newly constructed concrete pad and connected to the overall system. Each unit is approximately 14’-11” in height, 30’ in length, and 13’-3” in width. Table 3-1 describes the number of units at each site.

Table 3-1 New Aboveground Filter Equipment
Site Number of New Units
Plant 1 3
Plant 2 3
Well 5 1
Existing wells at each site would continue to be utilized during and after construction. However, some existing underground and aboveground piping and connections have been identified for removal and replacement with piping and connections designed for the new system. Existing water tanks would remain at Plants 1, and 2. A portion of the exterior wing wall of the existing central building at Well 5 would be demolished.

The new equipment orientation at each site was determined by each site’s unique characteristics.

Appropriate space is needed for system installation, maintenance and operational maneuverability (e.g. maintenance truck access) and setbacks. Preliminary site layouts for each of the sites are attached.

Temporary construction worker parking would take place within the project sites. Access to the sites during construction would continue to occur along the existing access points. Plant operations would continue during construction.

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March 30, 2021
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4. Summary of Expected Environmental Impacts
A desktop review of expected environmental impacts was conducted in March 2021. The following subsections provide a brief summary of expected environmental impacts during construction and operation of the Project.

4.1 Aesthetics
The Project is located within existing water utility sites with typical water utility equipment and structures.

The new adsorbers and associated piping and connections would be approximately 14’-11” in height (maximum), significantly shorter than the existing structures and equipment, including water tanks reaching 42’ in height, located at Plants 1 and 2. At Well 5, the new equipment would be similar in height to the existing onsite structures and equipment. Well 5 is not located in a residential or otherwise sensitive area. No Project site is within, or in the vicinity of, a designated scenic vista. The new equipment would include a tan finish that would not cause glare or introduce adverse lighting. Environmental impacts on aesthetic resources near the project would be less than significant.

4.2 Agriculture and Forestry
The Project is not located within or near designated agricultural or forestry land uses. No environmental impacts on agriculture and forestry would occur.

4.3 Air Quality
Construction of the Project would require the temporary use of heavy equipment which may include front loaders, excavators, cranes, steam rollers, water trucks, and hauling trucks. Each piece of equipment would comply with California Air Resources Board and/or South Coast Air Quality Management standards.

Fugitive dust would be controlled with onsite water application during ground disturbing construction activities. Operation of the Project would not create any air quality impacts greater than existing operations. The project may be subject to South Coast Air Quality Management District permitting, which may include a Permit to Construct and Operate. Due to the temporary nature of construction emissions and no additional operational emissions or dust sources, the Project would have less than significant impacts on air quality.

4.4 Biological Resources
A California Natural Diversity Database (CNDDB) search was conducted for the Project area to identify potential occurrence of special status species, including those species listed as threatened or endangered under the federal or state regulations as managed by U.S. Fish and Wildlife Service (USFWS) or California Department of Fish and Wildlife (CDFW) respectively; those species identified as species of special concern by CDFW; or species with other status, including species identified as sensitive by the California Native Plant Society (CNPS). During the January 2021 field visit, habitat conditions on site were characterized.

No habitat suitable for special status species was identified. In support of this memorandum, the potential for the presence of special status species was evaluated based on species occurrence in the region and potential special status species habitat on site.

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Special status species are those listed as threatened or endangered by the U.S. Fish and Wildlife Service (USFWS), threatened or endangered by the State of California, and/or Species of Special Concern or Fully Protected by CDFW.

Additionally, special status plant species can include those recognized as sensitive by the California Native Plant Society (CNPS). This includes a Rare Plant Rank of 1B and 2B. Rank 1B represents plants which are rare, threatened, or endangered in California and elsewhere. Many species identified as Rank 1B are endemic to California. Rank 2B represents plants that are rare, threatened, or endangered in California but more common elsewhere.

Results of the CNDDB search, which included a 5-mile buffer around the Project sites, indicate the following species were recorded in the Project area:
 Bank Swallows (Riparia riparia), which are listed as threatened under the California Endangered Species Act and federally protected by the Migratory Bird Treaty Act, were recorded near Whittier.

The exact location of the bank swallows is unknown; however, this species is typically found nesting in riparian habitat along river banks and cliffs. Riparian habitat exists within the vicinity of the Project along the San Gabriel River, Rio Hondo, San Jose Creek, and Coyote Creek, but the Project boundary does not contain riparian habitat suitable for bank swallow nesting.  Lucky Morning-Glory (Calystegia felix), which are listed by the CNPS as a California Rare Plant Rank 1A and described as “presumed extirpated or extinct because they have not been seen or collected in the wild in California for many years”, were recorded near Whittier. The exact location of the recorded Lucky Morning-Glory is unknown; however, the record is based on a 1902 Davidson Collection and the area has been highly developed since the recordation. Lucky Morning-Glory are typically found in wetland and marsh habitat which are not present in the Project boundary.

As mentioned above, riparian, wetland, or marsh habitat are not present at the Project sites. Ruderal vegetation was observed at each site during the January 2021 site visit. Due to the Project sites being highly disturbed, including presence of pavement and active water utility activities, it is unlikely any species of special concern would be impacted by construction activities. Activities would be similar to existing operations and would not further impact biological resources. Therefore, impacts to biological resources are anticipated to be less than significant.

4.5 Cultural
The Project sites are located on previously disturbed soils which have been highly disturbed for water utility infrastructure and operations. Ground disturbing activities, including pipeline trenching, would reach depths shallower than 5’ and would not impact native soils, therefore, no impacts to cultural resources are expected.

4.6 Energy
The Project would not significantly increase energy consumption, waste energy resources, or conflict with any state or local energy-related goals. Impacts to energy resources would be less than significant.

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March 30, 2021
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4.7 Geology and Soils
The Project sites are generally flat and have been graded to support the existing facilities. No increased risk of soil instability, liquefaction, or other geologic process would occur due to the Project. Therefore, no impact on geology and soils would occur.

4.8 Greenhouse Gas Emissions
Construction of the Project would require the temporary use of heavy equipment which may include front loaders, excavators, cranes, steam rollers, water trucks, and hauling trucks. Each piece of equipment would comply with California Air Resources Board and/or South Coast Air Quality Management standards.

Operation of the Project would not create any air quality impacts greater than existing operations. Due to the temporary nature of construction emissions and no additional operational emissions, the Project would result in less than significant impacts due to greenhouse gases.

4.9 Hazards and Hazardous Materials
According to the State Waterboard’s Geotracker, no project site is associated with a hazardous material release incident. The Project would comply with state and local regulations on hazardous materials. Any hazardous waste generated by the Project, including any incidental spills during construction, would be cleaned and transported by specialized services and disposed of at appropriate facilities, as required. The public would not be exposed to increased levels of hazardous materials during construction or operation of the Project. The Project would have less than significant impacts due to hazards and hazardous materials.

4.10 Hydrology and Water Quality
The Project would comply with state and local regulations on water quality. The Project may be subject to the National Pollutant Discharge Elimination System General Construction Stormwater Permit, including the preparation of a Stormwater Pollution Prevention Plan (SWPPP) during construction and permits for stormwater and/or wastewater during operations. The resulting material from ion exchange water treatment is clean water, which would not impact local hydrology or water quality. The purpose of the Project is eliminating contaminates currently found in local groundwater. Therefore, the Project would not impact hydrology or water quality.

4.11 Land Use and Planning
No land use or zone change is required for the Project. The facilities are established, operating for decades, and do not conflict with surrounding land use or divide an established community. The new equipment would not conflict with development standards and the orientation of the new equipment would comply with setbacks. No impacts from the Project on land use and planning would occur.

4.12 Mineral Resources
The Project would not impact mineral resources.

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4.13 Noise
Local noise restrictions would be applied to the project, including Section 8.40 of the City of Pico Rivera Municipal Code:

No person shall make, cause or suffer, or permit to be made, upon any premises owned, occupied or controlled by him, any unnecessary noises or sounds which are physically annoying to persons of ordinary sensitiveness, or which are so harsh or so prolonged or unnatural or unusual in their use, time or place as to occasion physical discomfort to the inhabitants of any neighborhood.

Per the City of Pico Rivera’s General Plan Policy 11.3-1, construction activities would be limited to 7:00 am to 7:00 pm seven days per week, unless permission is granted by the City of Pico Rivera. No pile driving or otherwise high vibration causing activities would be required for construction or operation of the Project.

Operation of the Project would not increase noise levels beyond existing levels. Due to the restricted and temporary nature of construction, noise impacts from the Project would be less than significant.

4.14 Population and Housing
The Project would not induce population growth or displace people or housing. The sites support existing water utility equipment and operations. No impacts to population and housing would occur.

4.15 Public Services
Emergency service response times would not be significantly affected by construction, including due to lane closures for connecting the new systems to the existing underground network, since traffic control would be implemented and construction personnel would prioritize and expedite emergency services through the construction zone. No schools, parks, or other public facility would be impacted by the Project, therefore, the Project would have less than significant impacts on public services.

4.16 Recreation
The Project would not impact recreation, including the small private pocket park north of Plant 1.

Construction is limited to the existing facility sites and no change in operations from current operations would occur. The Project would have no impact on recreation facilities.

4.17 Transportation
The Project would require the delivery of materials and equipment during construction. Delivery and parking of vehicles would be coordinated with the City of Pico Rivera Public Works Department. Vehicles entering and exiting the Proposed Project site during construction would use the existing access points.

Encroachment permits may be required during construction for lane closures to connect new piping to the existing underground network on Gallatin Road, Lundahl Drive, and E. Slauson Avenue. During temporary lane closures, traffic control would be implemented to allow for the continued flow of traffic, including emergency services. Due to the temporary nature of lane closures during construction, impacts on transportation would be less than significant.

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Draft 7

4.18 Tribal Cultural
The Project is located on previously disturbed soil which has been highly disturbed for water utility operations. Ground disturbing activities during construction, including pipeline trenching, would reach depths shallower than 5’ and would not impact native soils, therefore, no tribal resources are anticipated to be impacted.

4.19 Utilities and Service System
No increased water capacity would result from the Project, however, water quality would improve for the public’s benefit. Construction would produce a relatively minor amount of solid waste, however no increase in solid waste would result from operations and all state and local regulations would be complied with. No substantial increase on electrical, gas, or other utilities and service systems would occur. Impacts from the Project on utilities and service systems would be less than significant.

4.20 Wildfire
The Project would occur at relatively flat existing water utility sites in an urban setting which have a low risk of wildfire or landslides caused by post-wildfire conditions. Standard fire suppression equipment would be present during construction and operations. The Project would not expose people or structures to increased risks and would have no impact on wildfire.

5. California Environmental Quality Act
The California Environmental Quality Act (CEQA) is a state statute adopted in 1970 to institute a statewide policy of environmental protection. The purpose of CEQA is to:
 Disclose to the public the significant environmental effects of a proposed discretionary project, through the preparation of an Initial Study (IS), Negative Declaration (ND), or Environmental Impact Report (EIR).
 Prevent or minimize damage to the environment through development of project alternatives, mitigation measures, and mitigation monitoring.
 Disclose to the public the agency decision-making process utilized to approve discretionary projects through findings and statements of overriding consideration.  Enhance public participation in the environmental review process through scoping meetings, public notice, public review, hearings, and the judicial process.  Improve interagency coordination through early consultations, scoping meetings, notices of preparation, and State Clearinghouse review.

5.1 CEQA Class 1 Categorical Exemption
Per Section 15301 of the CEQA Guidelines, a Class 1 Categorical Exemption can be applied to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use to existing facilities. This section of the CEQA Guidelines provides examples of allowable Class 1 Categorical Exemptions:

Memorandum
CEQA Class 1 Categorical Exemption Eligibility
March 30, 2021
Draft 8
 Section 15301(b): Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services.  Section 15301(d): Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood.

Section 15300.2(c) prohibits the use of a Categorical Exemption if there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. As described in Section 4 above, no significant effects on the environment due to unusual circumstances are anticipated with the implementation of the Project.

6. Conclusion
The Project involves the implementation of upgraded water treatment equipment at three existing water utility sites within an urban setting. As discussed in Section 4 of this memorandum, significant environmental impacts resulting from construction and operation of the Project are not anticipated. The Project is eligible for a Class 1 Categorical Exemption under CEQA as a “…minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use to existing facilities.” To: Mayor and City Council
From: City Manager and City Attorney
Meeting Date: April 12, 2022
Subject: REVIEW AND APPROVE A RESOLUTION DEFINING

CERTAIN POLICIES ADDRESSING AND CLARIFYING

VARIOUS ASPECTS AND FUNCTIONS OF THE CITY OF
PICO RIVERA’S CITY COUNCIL PRACTICES AND CITY

OPERATIONS
Recommendation:

1. The City Council should review and consider the approval of the attached Resolution with the changes recommended at the March 22, 2022 City Council meeting; or

2. Take no action at this time.

Fiscal Impact:

Determining the fiscal impact at this time is difficult due to the unknown cost of implementing the proposed changes. There will be fiscal impacts related to the implementation and monitoring of any elements of this proposed resolution.

Background:

At the City Council meeting of September 28, 2021, a proposed resolution was presented to the City Council entitled: “To Increase the Transparency, Accountability and Participation of Our Citizenry in Pico Rivera Government.” (Herein referred to as Proposed Resolution.) It should be noted that the Councilmember’s Proposed Resolution was not previously submitted to the City Manager or City Attorney for review or comment. This item was presented to the City Council at the meetings of October 26, 2021 and March 8, 2022 and the study session of November 9, 2021. At each of these meetings the item was continued and requested to be brought back to the City Council for further discussion. At the City Council meeting of March 22, 2022, the City Council provided direction and recommendation on the eleven (11) elements of the proposed Resolution.

CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 12, 2022

REVIEW AND APPROVE A RESOLUTION DEFINING CERTAIN POLICIES

ADDRESSING AND CLARIFYING VARIOUS ASPECTS AND FUNCTIONS OF THE CITY OF PICO RIVERA’S CITY COUNCIL PRACTICES AND CITY OPERATIONS

The purpose of this agenda report is to present Resolution with the recommended changes discussed at the March 22, 2022 Council meeting.

Discussion:

The following is a final draft of the Resolution with the proposed changes from the City Council.

The below summary breaks down the Proposed Resolution into the various topics and decision issues and the direction provided by the City Council at the March 22, 2022 meeting.

RESOLUTION: TO INCREASE THE TRANSPARENCY, ACCOUNTABILITY AND

PARTICIPATION OF OUR CITIZENRY IN PICO RIVERA CITY GOVERNMENT TOPIC ONE: CITY COUNCIL DUTIES AND RESPONSIBILITIES
WHEREAS the City Council establishes the City Council's overall policy direction and is responsible for determining the size, scope, and financing, of city services and projects, While the City Council’s duties and responsibilities are broader in scope, this statement is technically correct.

Ad Hoc committee comments: No comment or changes.

FINAL DIRECTION: No changes
TOPIC TWO: ADHERENCE TO ROBERT’S RULES OF ORDER
WHEREAS the current City Council Meeting Agenda format does not follow the Robert's Rules of Order, Standard Order of Business.

Pursuant to City Resolution No. 3270, the City Council (at that that time) adopted Robert’s Rules of Order to govern City Council meeting procedures.

Ad Hoc committee comments: The Ad Hoc committee disagreed with the statement that the City Council does not follow Robert’s Rules of Order or Standard Order of Business.

FINAL DIRECTION: No changes
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 12, 2022

REVIEW AND APPROVE A RESOLUTION DEFINING CERTAIN POLICIES

ADDRESSING AND CLARIFYING VARIOUS ASPECTS AND FUNCTIONS OF THE CITY OF PICO RIVERA’S CITY COUNCIL PRACTICES AND CITY OPERATIONS

TOPIC THREE: STANDING COMMITTEE VS. AD HOC COMMITTEES
WHEREAS the resolution dated 05-26-2020 prohibits the creation of City Council Standing Committees.

While the action taken at the May 26, 2020 was not in the form of a Resolution, the then City Council did approve a policy approach to allow the Mayor to identify and appoint members to Ad Hoc committees designated for a specific purpose and for a limited time period (not to exceed 90 days). The City Council further determined that the City Council would not allow the creation of standing committees, but “rather discuss issues of concern in an open session with a quorum of Council members present.” This policy decision was approved by a vote of 4 in favor (Members Salcido, Sanchez, Tercero, Camacho) and 1 opposed (Member Elias).

Policy decisions such as standing committees or Ad Hoc committees rest with City Council and can be changed, modified or eliminated at the pleasure of the City Council. The recommendation from the City Manager was to avoid standing committees due the financial burden anticipated by staffing, including attorney fees, of such meetings in the amount of approximately $150,000 to $200,000 annually.

Ad Hoc committee comments: No comment as this item is debatable.

FINAL DIRECTION: Direction is contained in Topic Seven
TOPIC FOUR: ENGLISH PRESENTATION OF CITY REPORTS
WHEREAS section 1.04.050 Writing and language of the City of Pico Rivera Municipal code states" Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language, unless it is expressly provided otherwise. (Prior code § 1305)"
This language from the Municipal Code is correct and accurate.

Ad Hoc committee comments: No comment or changes.

FINAL DIRECTION: No changes
TOPIC FIVE: MAYOR’S ROLE IN PREPARATION OF COUNCIL AGENDAS BE IT RESOLVED that the Mayor, an elected official, or in the absence of the Mayor, Mayor Pro Tem be included in the preparation of the Pico Rivera City Council's Regular CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 12, 2022

REVIEW AND APPROVE A RESOLUTION DEFINING CERTAIN POLICIES

ADDRESSING AND CLARIFYING VARIOUS ASPECTS AND FUNCTIONS OF THE CITY OF PICO RIVERA’S CITY COUNCIL PRACTICES AND CITY OPERATIONS

and Special meeting agendas,
This recommendation is inconsistent with the City Council-City Manager form of government as approved by the voters of Pico Rivera upon incorporation and codified in Pico Rivera Municipal Code §2.04.010. In addition, it would be in opposite to the duties of the City Manager as set forth in Pico Rivera Municipal Code §2.04.090, which reads in part:

2.04.090 Legislative and executive action.

As a chief administrative officer and advisor of the city council, the city manager shall at all times advise the city council as to all legislative, executive and administrative duties and responsibilities of the city council, and shall recommend to the city council such measures, ordinances or procedures as he or she shall deem necessary or expedient to carry out the purposes of the municipal government.

Neither the Government Code nor the Pico Rivera Municipal Code establishes within the powers of the Mayor the duty or right to be included in the preparation of a Regular City Council meeting agenda. It should be noted that the Brown Act, Government Code §54956, allows the Mayor of a City to call for a Special Meeting of a City Council with 24 hours’ notice.

Ad Hoc committee comments: The ad hoc agreed with this statement from the Proposed Resolution and made the following amendment, “…be included in the preparation of the Pico Rivera City Council’s Regular and Special meeting agendas a minimum of eight days before the meeting(s).”
Further commentary regarding this item; the ad hoc discussed and unpacked the word “preparation” and its intended meaning. This is what was agreed upon, “preparation” does not mean that the Mayor will sit in with the City Manager and Directors during their preparation meetings for the City Agenda. The Mayor does not possess unilateral authority to remove or add item(s) to the agenda. However, the intent is to afford the Mayor the following latitude:

1. Guarantees the Mayor will meet with the City Manager regarding the agenda “eight days before the meeting” thus giving the Mayor an advance forecast of major topics to be discussed. Currently, the Mayor is not given a proposed agenda and has to wait for the agenda to be posted online the Thursday before the meeting.

2. Allows the Mayor the ability to ensure the will and intent of the City Council is reflected in the upcoming city agenda.

CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 12, 2022

REVIEW AND APPROVE A RESOLUTION DEFINING CERTAIN POLICIES

ADDRESSING AND CLARIFYING VARIOUS ASPECTS AND FUNCTIONS OF THE CITY OF PICO RIVERA’S CITY COUNCIL PRACTICES AND CITY OPERATIONS

FINAL DIRECTION: Mayor to be involved and briefed eight (8) days in advance of the date of the Council meeting or at a time convenient with the Mayor and City Manager.

Mayor does not have authority to remove or add items to the agenda.

TOPIC SIX: MONTHLY AND ANNUAL REPORTS OF CONTRACTS AND

MOU/LABOR GROUP MEETINGS
BE IT FURTHER RESOLVED that the Council receive monthly and annual written reports from every department. Commission, committee, and contract over $100.000 as well as stimulated meetings with organized labor representatives under existing Memorandum of Understanding (MOU) to be included in the agenda packet for the first Council meeting of the month reflecting the progress of the previous month.

This item is not clear. Requiring monthly written reports from each “department, commission, committee and contract over $100.000 [sic] as well as stimulated meetings” with labor representatives would require an exhaustive effort by each and every director, commission, vendor and labor union each month to prepare a report for the City Council.

There needs to clarity on what specifically is being requested. In addition, if the request for a report is from the City’s labor unions, there might be negotiation requirements with each labor group to request a report as recommended by the Mayor. Such monthly reports would certainly detract from the City’s business operations and progress. A semi-annual and annual report is part of the City’s budget process. If a status report of contracts which exceed $100,000 is being requested, a monthly report would redirect the City’s efforts from conducting the operational business of each department to continually preparing reports for City Council update. Written reports regarding meetings with labor groups would probably be confidential and should not be part of the public agenda package. These reports would be part of the “Conference with Labor Negotiator” closed session presentation.

Ad Hoc committee comments:

The ad hoc committee broke this item up into two separate sections.

1. BE IT FURTHER RESOLVED that the Council receive monthly and annual written reports from every department and commission to be included in the agenda packet for the first Council meeting of the month reflecting the progress of the previous month.
a. The ad hoc backed away from requiring written reports on every contract over $100,000 since this task would be too time consuming for staff.

2. BE IT FURTHER RESOLVED that written reports be provided following meetings with organized labor representatives under existing Memorandum of CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 12, 2022

REVIEW AND APPROVE A RESOLUTION DEFINING CERTAIN POLICIES

ADDRESSING AND CLARIFYING VARIOUS ASPECTS AND FUNCTIONS OF THE CITY OF PICO RIVERA’S CITY COUNCIL PRACTICES AND CITY OPERATIONS

Understanding to be included in the agenda packet for the first Council meeting of the month reflecting the progress of the previous month.

FINAL DIRECTION: City Council to receive informational updates on activities and projects that each department is working on or has accomplished. In addition, City Council to receive written summaries on key labor negotiation terms.

TOPIC SEVEN: STANDING COMMITTEES VS. AD HOC COMMITTEES
BE IT FURTHER RESOLVED that the Council, shall establish a sufficient number of committees to enable it to carry out its policy making duties; and the duty of the Council and its committees is to become fully informed of the business of the City; and the duty of the committees is to report to the Council any information or recommendations necessary to enable the Council to properly legislate,
Whenever the City Council establishes committees, either standing or Ad Hoc, staff is required to service those committees. A committee structure can be beneficial, especially in larger cities, but cities the size of Pico Rivera generally operate through the entire legislative body. Ultimately, policy decisions rest with the entire City Council.

Ad Hoc committee comments:

The ad hoc amended this statement and included the words “ad hoc or standing”.

So that the statement reads “…shall establish a sufficient number of ad hoc or standing committees…”
The ad hoc committee agreed with this statement however Council understands the time intensive nature of standing committees and therefore leans toward using ad hoc committees instead.)
FINAL DIRECTION: City Council retains the authority to establish standing committees or Ad Hoc committees and the body deemed appropriate. The Mayor retains the authority to establish Ad Hoc committees. However, Ad Hoc committees are preferred.

TOPIC EIGHT: ROBERT’S RULES OF ORDER STANDARD ORDER OF BUSINESS BE IT FURTHER RESOLVED that the City Council meeting agenda format will be modified to comply with Robert's Rules of Order, Standard Order of Business.

The City Council does function under Robert’s Rules of Order. It is the Mayor’s duty (as Chair) to run and oversee all City Council meetings (subject to City Council review). The CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 12, 2022

REVIEW AND APPROVE A RESOLUTION DEFINING CERTAIN POLICIES

ADDRESSING AND CLARIFYING VARIOUS ASPECTS AND FUNCTIONS OF THE CITY OF PICO RIVERA’S CITY COUNCIL PRACTICES AND CITY OPERATIONS

order of business has previously been addressed and defined by the City Council.

Ad Hoc committee comments: The Ad Hoc Committee rejected this item.

FINAL DIRECTION: This item was rejected since City Council meetings are currently subject to Roberts Rules of Order.

TOPIC NINE: STANDING CITIZEN COMMITTEE ADOPTION
BE IT FURTHER RESOLVED that resolution dated 05-26-20 shall be suspended indefinitely to allow for greater citizen participation in the creation and execution of public policy by the creation and maintenance of Standing Citizen Committees, Again, there was no resolution adopted on May 26, 2020. The policy statements by the then City Council are subject to review by the current members of the City Council.

Standing Citizen Committees or City Council Committees will be subject to the Brown Act and will require City staff and attorney services. All these additional services will result in additional cost to the City’s budget.

Ad Hoc committee comments: The Ad Hoc committee wants further information, otherwise this item is currently rejected.

FINAL DIRECTION: The proposed committee structure addresses this issue, therefore this was rejected.

TOPIC TEN: ENGLISH AND SPANISH TRANSLATION OF ALL CITY

DOCUMENTS AND MEETINGS
BE IT FINALLY RESOLVED that section 1.04.050 Writing and language of the City of Pico Rivera Municipal code be amended to include "English and Spanish language" including Spanish translation services for all City Council meetings.

If the City Council desires to have all agendas be translated into Spanish a municipal code amendment would be required. Translation costs will be significant. If the City Council wishes to have Spanish interpreter services implemented at each City Council meeting, direction would need to be provided to the City Manager to research the cost involved in securing such services and to report back to the City Council for final approval. California law does not require interpreter services for city council meetings.

Ad Hoc committee comments: The ad hoc limited the scope of City materials from English into Spanish to apply to social media postings and informative material for the general public.

CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 12, 2022

REVIEW AND APPROVE A RESOLUTION DEFINING CERTAIN POLICIES

ADDRESSING AND CLARIFYING VARIOUS ASPECTS AND FUNCTIONS OF THE CITY OF PICO RIVERA’S CITY COUNCIL PRACTICES AND CITY OPERATIONS

FINAL DIRECTION: Informational material and social media communications will be provided in both English and Spanish.

TOPIC ELEVEN: PROCESS FOR ADOPTING PROPOSED CHANGES
BE IT FINALLY RESOLVED that all resolutions presented in this paper be effective immediately with the simple majority vote of the City Council The policy directives expressed in the Proposed Resolution would need to be separately identified and defined in order to craft the necessary legislative action to comport to State or local laws.

Ad Hoc committee comments: No comment.

FINAL DIRECTION: No change.

Conclusion:

The Resolution presented incorporates the direction of the City Council. It is important to note the need to implement the stated provision must still comport with the mandates of the Government Code, the Brown Act, the City’s Municipal Code and the City Council-City Manager form of government and current law defined by the above-mentioned legal authorities.

Steve Carmona
Arnold M. Alvarez-Glasman
SC:AMAG
Enclosure: 1) Resolution Defining Certain Policies Addressing And Clarifying Various Aspects And Functions Of The City Of Pico Rivera’s City Council Practices And City Operations
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO

RIVERA, CALIFORNIA, DEFINING CERTAIN POLICIES ADDRESSING

AND CLARIFYING VARIOUS ASPECTS AND FUNCTIONS OF THE CITY OF PICO RIVERA’S CITY COUNCIL PRACTICES AND CITY

OPERATIONS
WHEREAS, the City Council has the authority to establish certain rules, policies and procedure for the conduct of City Council meetings and other related operations of the City; and
WHEREAS, the City Council has reviewed a proposed resolution as submitted by one of its members and by adopting this Resolution wishes to address and clarify the City’s operational objectives in various aspects and functions of City government in the following areas: (i) City Council duties and responsibilities, (ii) adherence to Robert’s Rules of Order, (iii) Committee structure and application, (iv) language presentation or translation of City reports, informational materials and social media communications, (v) the Mayor’s role in City Council agendas, (vi) reports of City department activities and accomplishments, along with informational updates on matters involving the City’s employee groups, and (vii) the effective date of the items presented in this resolution, and WHEREAS, pursuant to City Council Resolution No. 3270 the current City Council Meeting Agenda format and conduct of business does follow Robert's Rules of Order and will continue to do so; and
WHEREAS, section 1.04.050 of the City of Pico Rivera Municipal code states “Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language, unless it is expressly provided otherwise." As set forth below, clarification to this Section is provided; and WHEREAS, by adopting the Resolution the City Council wishes to express certain policy and operational directives as contained herein.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:

SECTION 1: It is the desire of the City Council to have the Mayor, or in the absence of the Mayor, the Mayor Pro Tem, be involved in and briefed eight (8) days in advance of the date of the Council meeting or at a time convenient for the Mayor and City Manager on those items intended to be included in the next Regular City Council meeting.

Mayor does not have authority to remove or add items to the agenda. For Special Council meetings, the Mayor shall be informed of the item or items to be included for the special meeting as soon as conveniently available and known by the City Manager. Nothing contained in this Section shall be intended to alter or infringe upon the City Council-City RESOLUTION NO. _____

Manager form of government as set forth in Pico Rivera Municipal Code Section 2.04.010 or the duties of the City Manager set forth in Pico Rivera Municipal Code Section 2.04.090 SECTION 2: The City Council shall receive monthly and annual reports and informational updates from the City Manager and the City’s various departments on activities and projects that each department is working on or has accomplished. In addition, City Council is to receive confidential written summaries on key labor negotiation issues or activities, as appropriate, for matters which involve organized labor groups under existing Memorandum of Understanding (MOU).

SECTION 3: The City Council shall establish a sufficient number of committees to enable it to carry out its policy making duties. The duty of the Council and its committees is to become fully informed of the business of the City. The duty of the committees is to report to the Council any information or recommendations necessary to enable the Council to properly legislate. The City Council retains the authority to establish standing committees or Ad Hoc committees as the City Council deems appropriate. The Mayor retains to authority to establish Ad Hoc committees. In implementing the committee structure, Ad Hoc committees are preferred over Standing Committees.

SECTION 4: All Informational material and social media communications published by the City will be provided in both English and Spanish.

SECTION 5: Except as provided herein, there shall be no change to the way in which the City Council will conduct its Council meetings nor will alter the manner that other State or local statutes, ordinances, policies or procedures currently in place, or as amended, govern over or control the City Council or the operations of the City and City staff.

SECTION 5. The City Clerk shall attest to the passage of this resolution and it shall thereupon be in full force and effect.

RESOLUTION NO. _____

APPROVED AND PASSED this 12th day of April, 2022.

CITY OF PICO RIVERA
Dr. Monica Sánchez, Mayor
ATTEST: APPROVED AS TO FORM:

Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCIL

MEETING
DATE

COUNCIL

MEMBER REQUEST DETAIL DIRECTOR(S)
ACTION TAKEN: Memo; Staff
Report; Closed Session;
Presentation; Follow-up
Meeting; City Manager
Reports; Informal Action

DISCUSSION
ITEM
ACTION

ITEM DATE
STATUS:

Complete;
Pending;
On-going;
In-Progress
3/23/2021 Lutz Explore Possible Dog Park P. Yugar Follow-up Meeting On-going City Council Translate the Profile into Both English &
Spanish
Direction provided to explore
maintaining 10 editions with
full Spanish translation and
potential digital only.

P. Yugar
Staff Report 7/13/2021
10/26/21
1/25/22
2/8/22
Completed
Lutz/Lara Research Development of Condos vs.

Apartments at the El Rodeo
Staff to provide a report to
City Council on the pros and
cons
M. Garcia
Memo
√
On-going
Lara/Elias Term limits Set 12-year term limits for
City Council Members A. Glasman Memo to City Council Nov '22 Pending Lara/Lutz Lobbying Ban
Set 10-year policy for banning
lobbying contracts to former
employees and City officials
A. Glasman
Discussion 8/10/2021 Pending
Lutz/Lara Shopping Cart Ordinance Review ordinance M. Garcia Discussion 2/22/2022 8/24/2021 Pending Elias/Lara Code of Ethics Review policy A. Glasman Discussion 2/22/2022 10/26/2021 Completed 9/28/2021
Elias/Lutz Mayor Elias Resolutions Review current ordinances for updates A. Glasman
2/22/2022 10/26/2021
1/25/2022
3/8/2022
Pending
10/26/2021 Sanchez/Lara Protestors Develop an ordinance protecting against bullying A. Glasman
Pending
11/9/2021 Elias/Lara Veteran Resources Center Establish a Veterans Commission
M. Garcia Discussion √ 12/14/2022 Completed

GOOD OF THE ORDER
5/25/2021
7/13/2021
8/10/2021

COUNCIL

MEETING
DATE

COUNCIL

MEMBER REQUEST DETAIL DIRECTOR(S)
ACTION TAKEN: Memo; Staff
Report; Closed Session;
Presentation; Follow-up
Meeting; City Manager
Reports; Informal Action

DISCUSSION
ITEM
ACTION

ITEM DATE
STATUS:

Complete;
Pending;
On-going;
In-Progress

GOOD OF THE ORDER
Lutz/Lara Beautification of City Ad Hoc Committee to discuss Good of the Order Future date Pending Camacho/Lara Rename Street Suggest changing street
name near the Sports Arena
to Avenida Vicente Fernandez
Road
Ad Hoc Committee Pending
1/11/2022
Elias/Lara Voting Materials Provide outreach material in Spanish to residents
Voting materials are supplied
by the County to the City for
posting on our social media.

Material is provided in both
Spanish and English.

In-Progress
Lara/Elias City Prosecutor City Attorney to research if the City can prosecute our
own misdemeanor crimes
A. Glasman
Discussion 2/8/2022 2/22/2022 Pending
Elias/Lara Rent Control Home and property
protection program
Discussion Pending
2/8/2022
Elias/Sanchez Heros Recognition Recognize organizations for their work during the
pandemic
2/22/2002 Lara/Camacho Chairs Purchase new chairs for
Council Chambers
Lutz/Lara Senior Center Available office space for
Veterans Resource Center
Staff to follow-up and advise
on best facility to be utilized √
3/8/2022
1/25/2022
12/14/2021

COUNCIL

MEETING
DATE

COUNCIL

MEMBER REQUEST DETAIL DIRECTOR(S)
ACTION TAKEN: Memo; Staff
Report; Closed Session;
Presentation; Follow-up
Meeting; City Manager
Reports; Informal Action

DISCUSSION
ITEM
ACTION

ITEM DATE
STATUS:

Complete;
Pending;
On-going;
In-Progress

GOOD OF THE ORDER
Lutz/Lara Buyers Incentive Discount to first responders who purchase homes in Pico
Rivera
√
3/8/2022