Pico Rivera City Council
October 25, 2022

officials continue to impose or recommend measures to promote social distancing.

Conclusion:

Based on the foregoing, we recommend that the City Council receive and file the AB 361 report and make the requisite findings by majority vote as described in this report, as required by law every 30 days.

Steve Carmona
Arnold M. Alvarez-Glasman
SC:AMAG
To: Mayor and City Council
From: City Manager
Meeting Date: October 25, 2022
Subject: FIRST QUARTER TREASURER’S REPORT AND THE

MONTHLY INVESTMENT TRANSACTION REPORT AS OF
SEPTEMBER 30, 2022 – FISCAL YEAR 2022-2023
Recommendation:

1. Receive and file the Treasurer’s Report for the quarter ending September 30, 2022, which represents balances and activities for the first quarter (July through September) of the 2022-23 fiscal year; and

2. Receive and file the Treasurer’s Monthly Investment Transaction Report as of September 30, 2022.

Fiscal Impact:

There is no fiscal impact from this item. On a quarterly basis, the Administrative Services Department staff allocates the appropriate interest income to the various funds. This shows as revenues to the respective funds.

Discussion:

The Treasurer's Report (Enclosure 1) provides a synopsis of investment activity for the City of Pico Rivera’s (City) investment portfolio for the fiscal year (FY) 2022-23 first quarter ending September 30, 2022. The report provides information on assets, allocations, average maturities, yields and valuations for each of the three (3) portfolios. A discussion of market conditions is included to give additional perspective to these measurements.

As of September 30, 2022, the City's investment portfolios are in full compliance with the City's Investment Policy, California Government Code Section 53601, and have sufficient cash flow from a combination of liquid and maturing securities, bank deposits and income to meet the City's expenditure requirements. The paragraphs below provide a summary of the investment results from the first quarter.

Total Pooled Cash and Investments during the quarter totaled $97,999,491. This total amount consisted of $6,561,759 in the City’s accounts with its banking partner Commercial Bank of California (CBC), $60,876,802 in the State Treasurer’s Local Agency 6 CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 25, 2022 FIRST QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF SEPTEMBER 30, 2022 – FISCAL YEAR 2022-2023

Investment Fund (LAIF) and $30,560,929 managed by Chandler Asset Management (Chandler). The City also had $1,285,574 held by various Trustee Accounts, all related to the City’s bond issues (1999 Water Revenue Bonds, etc.).

The total 2018 Certificates of Participation, Series A (COPS) managed by Wilmington Trust reflect an ending balance of $12,450,126.

The Pico Rivera Innovative Municipal Energy (PRIME) accounts, an Enterprise Fund, reflect two (2) primary accounts. The first account, the Insured Cash Sweep (ICS) account, receives and records investment income. The ICS account as of September 30, 2022, has an ending balance of $6,416,966. The second account, the Public Fund account, receives Electronic Data Interchange (EDI) collection payments and executes vendor payments for the purchase of energy. The Public Fund account as of September 30, 2022, has an ending balance of $2,742,759. The ICS and Public Fund accounts are managed by River City Bank (RCB).

Chandler Asset Management Managed Portfolio
The City entered into a discretionary investment advisory agreement in December 2017, with Chandler, an SEC-registered investment advisor, to manage a portion of the City's portfolio in a disciplined, active manner that complies with the City's investment policy and stated objectives of safety, liquidity, and yield. After a detailed consultation with Chandler's investment team, the City selected the Limited Maturity investment strategy, benchmarked against the Bank of America Merrill Lynch 1-3 Year US Treasury & Agency Index. The strategy invests in a well-diversified portfolio of high-quality fixed-income securities. To maintain compliance with the City's investment policy, Chandler continues to invest in securities that reflect the guidelines set forth in the City's Investment Policy, most recently approved on April 26, 2022.

To ensure the safety of the portfolio, investments that hold the highest credit quality are selected. The Chandler Managed Portfolio is comprised primarily of Treasury Securities and Federal Government-sponsored entity debt, otherwise known as federal agency securities. Federal agency securities continue to be regarded as among the safest securities in the global market. Two (2) of the government-sponsored agencies, the Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac), remain under conservatorship and carry an implicit guarantee by the Federal Government. In addition, both are carefully monitored by the City’s investment manager and Treasurer to ensure the continued safety of the City’s funds.

The Portfolio Holding Report (Table 1) reflects the types of security holdings in the City’s investment fund. The portfolio September 30, 2022, market value represents a total of $30,560,929, an increase of $4,647,981 from the June 30, 2022, market value of $25,912,948. The increase is primarily attributed to a transfer of $5.0 million from the City’s LAIF account to Chandler. At the period ending September 30, 2022, the portfolio held a diverse portfolio by holding seven (7) different security types. The largest security CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 25, 2022 FIRST QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF SEPTEMBER 30, 2022 – FISCAL YEAR 2022-2023

holding consists of Treasury Securities of $14,061,987. These Treasury Securities are one of the highest-quality debt instruments.

The Portfolio Holdings Report also provides the portfolio’s Par values (nominal value of a bond); Book yield (Internal Rate of Return); Book value (value of a security); Market YTM (long-term bond yield); Market value (amount security can be sold on a given market); accrued interest (interest earned); total portfolio (Market value + accrued interest); and finally, Maturity Duration (bond sensitivity of price that may change in interest rates during duration).

Table 1 - Portfolio Holding Report
The Investments by Type (Chart 1) reflects the makeup of the portfolio holdings by security type. The portfolio holds 46% in US Treasuries (government treasury bonds, notes, and bills), 16% of total investments in federal agency securities, 18% in corporate notes, 6% in asset-backed securities, 4% in medium-term notes, which are collateralized by a pool of assets, and the remainder in money market funds and supranational.

Chart 1 - Investments by Type
The Investment Rating chart (Chart 2) illustrates the portfolios’ investment grade of holdings. This rating provides the City assurance of risk associated with the quality of the CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 25, 2022 FIRST QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF SEPTEMBER 30, 2022 – FISCAL YEAR 2022-2023

holding’s investment grade. As demonstrated in the chart below, 93.5% of the total portfolio consists of investments rated “A” or higher as of September 30, 2022, an increase of 1.2% from June 30, 2022.

Chart 2 - Investment Ratings
The City’s portfolio remains highly rated, liquid, and stable despite the economic uncertainties. Market volatility has intensified as financial conditions tighten and global central banks pursue monetary policies to combat persistently high inflation and maintain financial market stability. Although supply chain constraints are easing, the war in Ukraine continues to disrupt global food and energy sectors. The U.S. economy is showing signs of a slowdown, while continued resilience from the labor market and consumer demand continues to underpin some pockets of strength. During the quarter, the 2- to 10-year points on the yield curve inverted as the Federal Reserve raised the Fed Funds rate by another 150 basis points to combat inflation. The Federal Reserve’s balance sheet reduction program has reduced securities held outright by $8.8 trillion since the program began in June.

Local Agency Investment Funds (LAIF)
To manage liquidity, the Pico Rivera Pooled Investment Portfolio is invested in LAIF. The LAIF June 30, 2022, market value represents a total of $71,033,292 and the September 30, 2022, market value of $60,876,802. The decrease of $10.2 million in balance from last quarter was related to net transfers of $5.0 million from LAIF to the City’s operating bank account with Commercial Bank of California in July, August, and September and a transfer of $5.0 million to Chandler in September for the portfolio diversification and better investment returns. Most of the net transfers in the amount of $5.0 million were to cover the UAL payment of $3.3 million and the 2016 Refund Bond payment of $1.5 million. The LAIF Quarterly Performance ending September 30, 2022, notes an Apportionment Rate AAA

13.7%
AA

65.9%
A

13.9%
NR

6.5%
CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 25, 2022 FIRST QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF SEPTEMBER 30, 2022 – FISCAL YEAR 2022-2023

of 1.35% and a quarterly yield of 1.29%.

The City participates in the State of California LAIF portfolio program. The program consists of local agencies participating in a large investment portfolio using the State Treasurer's Office for investments at no additional cost to the taxpayer. The Local Investment Advisory Board (LIAB) provides oversight for LAIF.

LAIF administrative costs are minimal and assessed quarterly. The Government Code states administrative costs are not to exceed 5% of the quarterly earnings of the fund.

The characteristics of the LAIF portfolio reflect minimal credit risk with safety in investing of high-quality securities. LAIF funds are protected by statute and are not borrowable.

Graph 1 below demonstrates that the Chandler portfolio has outperformed the LAIF portfolio over the last four (4) years.

Graph 1 – LAIF and CAM from
September 2018 through September 2022
The comparison of LAIF to the Chandler portfolio is the difference in investment security types and portfolio duration. Whereas LAIF takes on a more conservative approach, LAIF and Chandler follow similar investment guidelines for safety, liquidity, and return.

Staff has continuously monitored the City’s investment portfolio and performance on an ongoing basis. As evident by Graph 1 above, the yield of the Chandler portfolio has outperformed the return experienced from our LAIF portfolio. One exception came up in August 2022 when the LAIF yield of 1.38% was more than Chandler yield of 1.24%. As LAIF has a shorter weighted-average maturity than the portfolio, it responded more quickly to the rises and falls in market yields. Although there are short periods in rising rate environments where LAIF will outperform the benchmark, over the medium-to-long CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 25, 2022 FIRST QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF SEPTEMBER 30, 2022 – FISCAL YEAR 2022-2023

term, historically, the portfolio will outperform LAIF. Indeed, Chandler's portfolio outperformed LAIF again in September 2022. As staff has demonstrated above, the Chandler portfolio is managed within the City’s investment policy guidelines with more favorable returns than LAIF.

Monthly Investment Transaction Report
Per the City’s Investment Policy approved by the City Council on April 26, 2022, the City Treasurer submits a monthly investment transaction report to the City Council within 30 days of the end of the reporting period in accordance with California Government Code Section 53607.

The monthly investment transactions summary updates the City Council on the City’s monthly transactions of the City’s investment portfolio for the month ending September 30, 2022. The statements enclosed include transactions of the City’s investments with LAIF and Chandler (Enclosures 2 and 3).

Conclusion:

All investments are maintained in accordance with California Government Code Section 53601 and the City’s investment policy approved by the City Council on April 26, 2022.

The City Treasurer (Assistant City Manager) certifies that the funds are invested to provide sufficient cash flow for a period of six (6) months.

Steve Carmona
SC:AG:JM:ep:smc
Enclosures: 1) Treasurer’s Report for First Quarter Ending September 30, 2022 2) LAIF Statement for the Month Ending September 30, 2022 3) Chandler Asset Management Transaction Ledger for September 2022

CITY OF PICO RIVERA
TREASURER'S REPORT1ST QTR JUL 2022 ‐ SEP 2022TYPE OF INVESTMENT Interest Rate Issuer Reporting Date Investment Income Ending Balance Source of Market Valuation Local Agency Investment Fund (LAIF) 1.35 LAIF 9/30/2022 225,783.51 60,876,802.34 LAIF Statements Demand Deposits 0.05 CBC 9/30/2022 86.34 6,561,759.21 CBC Statements Chandler Investments* 1.63 Chandler Investments 9/30/2022 84,911.00 30,560,929.00 Chandler Portfolio Summary TOTAL CASH & INVESTMENTS: Exclude Water Fund 550 TOTAL CASH & INVESTMENTS: $ 310,780.85 $ 97,999,490.55 Revenue Bonds, 1999 Bond Fund Water Authority 122073‐001 US Bank 9/30/2022 3.62 3,429.95 US Bank/RECON StatementsRevenue Bonds, 1999 Bond Fund Water Authority 122073‐002 US Bank 9/30/2022 384.45 213,239.60 US Bank/RECON StatementsRevenue Bonds, 1999 Bond Fund Water Authority 122073‐003 US Bank 9/30/2022 845.12 468,750.04 US Bank/RECON Statements Revenue Bonds, 1999 Water Rate Stabilization 122073‐011 US Bank 9/30/2022 1,856.72 600,000.00 US Bank/RECON Statements Revenue Bonds, 2021 Tax Allocation Refunding Bonds 245558‐000 US Bank 9/30/2022 ‐ ‐    US Bank/RECON StatementsRevenue Bonds, 2021 Tax Allocation Refunding Bonds 245558‐001 US Bank 9/30/2022 0.30 154.45 US Bank/RECON StatementsRevenue Bonds, 2021 Tax Allocation Refunding Bonds 245558‐002 US Bank 9/30/2022 ‐ ‐    US Bank/RECON StatementsRevenue Bonds, 2021 Tax Allocation Refunding Bonds 245558‐003 US Bank 9/30/2022 1.48 ‐    US Bank/RECON Statements Revenue Bonds, 2021 Tax Allocation Refunding Bonds 245558‐004 US Bank 9/30/2022 ‐ ‐    US Bank/RECON StatementsTOTAL FISCAL AGENT (TRUSTEE) INVESTMENTS TOTAL (TRUSTEE) INVESTMENTS: $ 3,091.69 $ 1,285,574.04 TOTAL CASH & TRUSTEE INVESTMENTS: $ 313,872.54 $ 99,285,064.59 Dividends Ending Balance
2018 COPS 130877 Wilmington Trust 9/30/2022 43,132.17 12,450,126.34 Wilmington Trust Statement TOTAL 2018 COPS: $ 43,132.17 $ 12,450,126.34
ENTERPRISE FUNDS Interest earned Ending BalanceRiver City Bank (PRIME) RIVER CITY BANK INSURED CASH SWEEP (ICS) Account 9/30/2022 16,157.48 6,416,965.87 River City Bank River City Bank (PRIME) RIVER CITY BANK Operating Account 9/30/2022 ‐ 2,742,758.94 River City Bank TOTAL River City Bank: $ 16,157.48 $ 9,159,724.81
Angelina GarciaAssistant City Manager and City Treasurer, City of Pico Rivera * Average Purchase Yield: The average yield on an investment or a portfolio is the sum of all interest, dividends, or other income that the investment generates, divided by the age of the investment or the length of time the investor has held it.

I certify that this investment portfolio is in conformity with the Investment Policy of the City of Pico Rivera. The investment Program provides sufficient liquidity to meet a minimum of the next six month's estimated expenditures.

Enclosure 1
6a
10/4/22, 5:00 PM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
October 04, 2022
LAIF Home
PMIA Average Monthly
Yields

CITY OF PICO RIVERA

CITY TREASURER
6615 S. PASSONS BLVD
PICO RIVERA, CA 90660
Account Number: 98-19-653
September 2022 Statement
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
9/7/2022 9/6/2022 RW 1712895 1673202 JIE GUO -5,000,000.00 9/27/2022 9/27/2022 RD 1713697 1674008 JIE GUO 2,000,000.00 Account Summary
Total Deposit: 2,000,000.00 Beginning Balance: 65,070,988.45 Total Withdrawal: -5,000,000.00 Ending Balance: 62,070,988.45 Enclosure 2
6b
Transaction
Date Tran Category
Tran Type
Description Security Description Quantity Price Principal Interest Total Amount 9/1/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 4,266.50 1.00000 4,266.50 - 4,266.509/1/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 1,003.31 1.00000 1,003.31 - 1,003.319/8/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 7,112.50 1.00000 7,112.50 - 7,112.509/8/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 275,000.00 1.00000 275,000.00 - 275,000.009/9/2022 Acquisitions Purchase Wal-Mart Stores Note 70,000.00 0.99930 69,951.00 - 69,951.00 9/10/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 4,812.50 1.00000 4,812.50 - 4,812.50 9/11/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 4,306.25 1.00000 4,306.25 - 4,306.259/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 657.10 1.00000 657.10 - 657.10 9/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 4,822.23 1.00000 4,822.23 - 4,822.239/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 5,617.45 1.00000 5,617.45 - 5,617.459/15/2022 Acquisitions Purchase US Treasury Note 300,000.00 0.95293 285,878.91 3,442.62 289,321.539/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 47.67 1.00000 47.67 - 47.679/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 678.00 1.00000 678.00 - 678.00 9/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 219.33 1.00000 219.33 - 219.33 9/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 212.67 1.00000 212.67 - 212.67 9/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 25.50 1.00000 25.50 - 25.509/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 6,505.28 1.00000 6,505.28 - 6,505.289/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 47.33 1.00000 47.33 - 47.339/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 43.33 1.00000 43.33 - 43.339/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 14,166.58 1.00000 14,166.58 - 14,166.58 9/15/2022 Acquisitions Purchase US Treasury Note 400,000.00 0.94559 378,234.38 3,175.27 381,409.65 9/15/2022 Acquisitions Purchase FHLB Note 450,000.00 0.99287 446,791.50 4,092.19 450,883.699/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 6,544.80 1.00000 6,544.80 - 6,544.80 9/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 2,048.96 1.00000 2,048.96 - 2,048.969/15/2022 Acquisitions Purchase US Treasury Note 300,000.00 0.93551 280,652.34 2,005.43 282,657.779/15/2022 Acquisitions Purchase US Treasury Note 300,000.00 0.97875 293,625.00 843.75 294,468.759/15/2022 Acquisitions Purchase US Treasury Note 500,000.00 0.98852 494,257.81 4,202.53 498,460.349/15/2022 Acquisitions Purchase US Treasury Note 500,000.00 0.97395 486,972.66 3,155.74 490,128.409/17/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 341.25 1.00000 341.25 - 341.259/18/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 1,481.25 1.00000 1,481.25 - 1,481.259/19/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 3,750.00 1.00000 3,750.00 - 3,750.009/19/2022 Acquisitions Purchase Home Depot Callable Note Cont 8/15/2025 95,000.00 0.99964 94,965.80 - 94,965.809/19/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 6,639.04 1.00000 6,639.04 - 6,639.049/19/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 223.80 1.00000 223.80 - 223.809/19/2022 Acquisitions Purchase Home Depot Callable Note Cont 8/15/2025 375,000.00 0.99713 373,923.75 - 373,923.759/20/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 18,670.39 1.00000 18,670.39 - 18,670.399/20/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 5,560.75 1.00000 5,560.75 - 5,560.759/21/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 6,771.37 1.00000 6,771.37 - 6,771.379/21/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 66.00 1.00000 66.00 - 66.009/23/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 1,050.00 1.00000 1,050.00 - 1,050.00 9/26/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 965.42 1.00000 965.42 - 965.42 9/26/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 22.00 1.00000 22.00 - 22.009/26/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 77.92 1.00000 77.92 - 77.929/26/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 15,514.92 1.00000 15,514.92 - 15,514.92 9/26/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 1,177.00 1.00000 1,177.00 - 1,177.009/29/2022 Acquisitions Purchase Wal-Mart Stores Callable Note Cont 09/09/2027 300,000.00 0.96706 290,118.00 658.33 290,776.339/30/2022 Acquisitions Purchase Northern Trust Company Callable Note Cont 4/10/20 400,000.00 0.96931 387,724.00 6,222.22 393,946.22 City of Pico Rivera Portfolio
Chandler Investment Transactions
September 2022
Enclosure 3
6c
Transaction
Date Tran Category
Tran Type
Description Security Description Quantity Price Principal Interest Total Amount City of Pico Rivera Portfolio
Chandler Investment Transactions
September 2022
9/30/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 26,812.50 1.00000 26,812.50 - 26,812.50 9/13/2022 Acquisitions Security Contribution First American Govt Obligation Fund Class Y 5,000,000.00 1.00000 5,000,000.00 - 5,000,000.00 9/8/2022 Dispositions Maturity John Deere Capital Corp Note 275,000.00 1.00000 275,000.00 - (275,000.00) 9/15/2022 Dispositions Paydown Toyota Auto Receivables 2020-D A3 5,599.19 1.00000 5,599.19 18.26 (5,617.45)9/15/2022 Dispositions Paydown John Deere Owner Trust 2020-B A3 2,037.53 1.00000 2,037.53 11.43 (2,048.96)9/15/2022 Dispositions Paydown Nissan Auto Receivables Owner 2019-C A3 6,437.87 1.00000 6,437.87 67.41 (6,505.28)9/15/2022 Dispositions Paydown Honda Auto Receivables Trust 2022-1 A3 - - - 219.33 (219.33)9/15/2022 Dispositions Paydown Honda Auto Receivables Trust 2019-3 A3 6,520.01 1.00000 6,520.01 24.79 (6,544.80)9/15/2022 Dispositions Paydown John Deere Owner Trust 2021-A A3 - - - 25.50 (25.50) 9/15/2022 Dispositions Paydown John Deere Owner Trust 2022-B A3 - - - 657.10 (657.10) 9/15/2022 Dispositions Paydown Toyota Auto Receivables Trust 2021-D A3 - - - 47.33 (47.33) 9/15/2022 Dispositions Paydown John Deere Owner Trust 2021-B A3 - - - 47.67 (47.67)9/15/2022 Dispositions Paydown John Deere Owner Trust 2022-A A3 - - - 212.67 (212.67) 9/15/2022 Dispositions Paydown John Deere Owner Trust 2020-A A3 4,779.88 1.00000 4,779.88 42.35 (4,822.23)9/15/2022 Dispositions Paydown Mercedes-Benz Auto Lease Trust 2021-B A3 - - - 43.33 (43.33) 9/15/2022 Dispositions Paydown Toyota Auto Receivable Own 2020-A A3 14,024.53 1.00000 14,024.53 142.05 (14,166.58)9/15/2022 Dispositions Paydown American Express Credit Trust 2022-2 A - - - 678.00 (678.00) 9/19/2022 Dispositions Paydown Honda Auto Receivables Trust 2020-3 A3 6,613.62 1.00000 6,613.62 25.42 (6,639.04)9/19/2022 Dispositions Paydown Honda Auto Receivables 2022-2 A3 - - - 223.80 (223.80)9/20/2022 Dispositions Paydown Verizon Owner Trust 2019-C A1A 5,523.10 1.00000 5,523.10 37.65 (5,560.75) 9/20/2022 Dispositions Paydown Verizon Owner Trust 2020-B A 18,609.68 1.00000 18,609.68 60.71 (18,670.39) 9/21/2022 Dispositions Paydown Honda Auto Receivables Trust 2021-4 A3 - - - 66.00 (66.00)9/21/2022 Dispositions Paydown Honda Auto Receivables Trust 2021-1 A3 6,749.26 1.00000 6,749.26 22.11 (6,771.37)9/26/2022 Dispositions Paydown BMW Vehicle Lease Trust 2022-1 A3 - - - 77.92 (77.92)9/26/2022 Dispositions Paydown FHLMC K031 A2 14,414.92 1.00000 14,414.92 1,100.00 (15,514.92)9/26/2022 Dispositions Paydown FHLMC K034 A2 - - - 1,177.00 (1,177.00)9/26/2022 Dispositions Paydown BMW Vehicle Lease Trust 2021-2 A3 - - - 22.00 (22.00)9/26/2022 Dispositions Paydown FHLMC K032 A2 - - - 965.42 (965.42) 9/9/2022 Dispositions Sale First American Govt Obligation Fund Class Y 69,951.00 1.00000 69,951.00 - (69,951.00) 9/15/2022 Dispositions Sale First American Govt Obligation Fund Class Y 2,687,330.13 1.00000 2,687,330.13 - (2,687,330.13) 9/19/2022 Dispositions Sale First American Govt Obligation Fund Class Y 94,965.80 1.00000 94,965.80 - (94,965.80)9/19/2022 Dispositions Sale First American Govt Obligation Fund Class Y 373,923.75 1.00000 373,923.75 - (373,923.75) 9/29/2022 Dispositions Sale First American Govt Obligation Fund Class Y 290,776.33 1.00000 290,776.33 - (290,776.33) 9/30/2022 Dispositions Sale First American Govt Obligation Fund Class Y 393,946.22 1.00000 393,946.22 - (393,946.22) 9/9/2022 Dispositions Security Withdrawal First American Govt Obligation Fund Class Y 2,146.02 1.00000 2,146.02 - (2,146.02) 9/26/2022 Dispositions Security Withdrawal First American Govt Obligation Fund Class Y 213.00 1.00000 213.00 - (213.00) 9/1/2022 Other Transactions Dividend First American Govt Obligation Fund Class Y 277,849.11 0.00361 1,003.31 - 1,003.319/1/2022 Other Transactions Interest JP Morgan Chase & Co Callable Note 2X 3/1/2024 265,000.00 0.01610 4,266.50 - 4,266.509/8/2022 Other Transactions Interest FHLB Note 350,000.00 0.01188 4,156.25 - 4,156.259/8/2022 Other Transactions Interest John Deere Capital Corp Note 275,000.00 0.01075 2,956.25 - 2,956.25 9/10/2022 Other Transactions Interest FHLB Note 350,000.00 0.01375 4,812.50 - 4,812.509/11/2022 Other Transactions Interest Toronto Dominion Bank Note 265,000.00 0.01625 4,306.25 - 4,306.259/17/2022 Other Transactions Interest Wal-Mart Stores Callable Note Cont 08/17/2026 65,000.00 0.00525 341.25 - 341.25 9/18/2022 Other Transactions Interest Charles Schwab Corp Callable Note Cont 2/18/2024 395,000.00 0.00375 1,481.25 - 1,481.259/19/2022 Other Transactions Interest Intl. Bank Recon & Development Note 300,000.00 0.01250 3,750.00 - 3,750.009/23/2022 Other Transactions Interest Inter-American Dev Bank Note 420,000.00 0.00250 1,050.00 - 1,050.009/30/2022 Other Transactions Interest US Treasury Note 1,000,000.00 0.01250 12,500.00 - 12,500.00 Transaction
Date Tran Category
Tran Type
Description Security Description Quantity Price Principal Interest Total Amount City of Pico Rivera Portfolio
Chandler Investment Transactions
September 2022
9/30/2022 Other Transactions Interest US Treasury Note 1,000,000.00 0.00688 6,875.00 - 6,875.009/30/2022 Other Transactions Interest US Treasury Note 700,000.00 0.00813 5,687.50 - 5,687.509/30/2022 Other Transactions Interest US Treasury Note 700,000.00 0.00250 1,750.00 - 1,750.00 Changes of Market Values and Accrued Interests (397,239.44)Net Investment Transactions $ 4,710,273.66Beginning Balance as of 8/31/2022 25,850,655.68 Ending Balance as of 9/30/2022 $ 30,560,929.34
To: Mayor and City Council
From: City Manager
Meeting Date: October 25, 2022
Subject: MEMORANDUM OF UNDERSTANDING WITH THE PICO

RIVERA CHAMBER OF COMMERCE
Recommendation:

1. Authorize the City Manager to execute a Memorandum of Understanding (MOU) between the City and the Pico Rivera Chamber of Commerce for fiscal year (FY) 2022-23.

Fiscal Impact:

The total cost of $40,000 has been included in the FY 2022-23 adopted budget within the General Fund (Account No. 100.30.3000-54100).

Discussion:

Since the City of Pico Rivera’s (City) incorporation in 1958, the City has been working cooperatively with the Chamber of Commerce (Chamber) to provide opportunities as a dedicated resource for the City’s business community. Historically, this partnership has been memorialized in an agreement between the two (2) entities in the form of an MOU (Enclosure 1). Included in this MOU is a list of services the Chamber will provide to the Pico Rivera business community through June 30, 2023. Services include facilitation of grand openings, advertising, publicizing, distribution of printed materials, marketing special events and local business support necessary to stimulate the local economy. Since the onset of the COVID-19 pandemic, the Chamber has been instrumental in disseminating information to our business community, including information for grant opportunities, public health order guidance and distribution of Personal Protective Equipment (PPE).

As part of the MOU maintenance and oversight, staff reviews quarterly performance and accomplishments. Payment to the Chamber occurs in installments of $10,000 per quarter and only upon compliance with conditions outlined in the MOU. The MOU between the entities provides the City with the ability to assess the value of the services provided by the Chamber and requires the Chamber to submit quarterly invoices with a report of activities to 7 CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 25, 2022

MEMORANDUM OF UNDERSTANDING WITH THE PICO RIVERA CHAMBER OF

COMMERCE

the City for disbursement.

The partnership with the Chamber has demonstrated a prudent investment in the Pico Rivera business community, as the Chamber has been instrumental in collaborating with our small businesses; through chamber functions, they provide robust programming for networking, partnership opportunities, resource development, and increased visibility, among others. The promotion of local businesses will continue to help foster economic stability and growth as businesses adapt to new operational models.

The Pico Rivera business community has endured many challenges throughout the years and specifically during the COVID-19 pandemic. As businesses continue to find resilient ways to thrive, continuity of the Chamber’s role in supporting small businesses is crucial.

The City intends to continue to foster this relationship with the Chamber through this MOU.

Conclusion:

Staff recommends that the City Council authorize the City Manager to sign the MOU and direct staff to undertake the necessary actions to proceed with the execution of the MOU through June 30, 2023.

Steve Carmona
SC:JG:JF
Enclosure: 1) Memorandum of Understanding

MEMORANDUM OF UNDERSTANDING
FISCAL YEAR 2022-23
THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into by and between the City of Pico Rivera, a California municipal corporation (“City”) and the Pico Rivera Chamber of Commerce, Inc., a California corporation (Entity Number C0353994) commonly referred to and known as the Pico Rivera Chamber of Commerce (“Chamber”).

City and Chamber are sometimes herein after individually referred to as a “Party” and collectively referred to as “Parties.”
Whereas, the City Council approved the Fiscal Year 2022-23 Budget on June 28, 2022 per Resolution No. 7199;
Whereas, the approval of the FY 2022-23 Budget authorizes the City Manager to direct the Chamber to implement programs and projects contained in the Scope of Services referenced below;
Whereas, the City Manager established this MOU outlining the City’s requirements governing the use of funds by the Chamber.

NOW, THEREFORE, for and in consideration of the performance by the Parties of the mutual covenants and conditions herein contained, the Parties hereto agree as follows:

1. Chamber Services
The Chamber is responsible to perform all work necessary to complete the services set forth in the Scope of Services (Attachment “A”-herein referred to as the “Scope”).

2. Compensation
City agrees to pay Chamber for the services, as noted in the Scope. Chamber agrees that fees for services shall not exceed the authorized amount of $40,000 (Forty Thousand Dollars), unless City has given specific advance approval in writing. City shall disburse payments to Chamber in four (4) equal payments paid on or before the tenth (10th) calendar day of the month following the end of the quarter during the program fiscal year commencing July 1, 2022. For purposes of this Section, the end of the quarter shall coincide with the following dates:
1st Quarter by October 1st
2nd Quarter by January 1st
3rd Quarter by April 1st
4th Quarter by July 1st
ENCLOSURE 1
7a

MEMORANDUM OF UNDERSTANDING
FISCAL YEAR 2022-23

3. Availability of Funds/Modifications
The City’s provision of funding to the Chamber pursuant to this MOU is contingent on the availability of program funds in the City’s Economic Development Administration (EDA) fund and is subject to amendment or termination due to lack of funds or authorization at the City’s sole and absolute discretion. Nothing under this MOU shall be construed as creating any legal obligation on the City to provide funding in the event that funds are no longer available. This MOU is subject to written modification and termination as necessary by the City in accordance with requirements contained in any future Federal or State legislation, regulations or City policy. All other modifications must be in written form and approved by both parties prior to contract execution.

4. Term of MOU
The term of this MOU shall be from July 1, 2022 to June 30, 2023 (herein referred to as the program “Fiscal Year”).

5. Commencement of Performance
The Chamber shall not obligate or request disbursement of funds, incur any cost or initiate identified projects which are subject of this MOU, until the provisions of this paragraph have been fully satisfied:

A. Chamber will not commence work under this Agreement until all insurance required under this section has been obtained. Chamber shall furnish the City with the certificates of insurance evidencing the required coverage. The City will be named as additional insured in the general liability policy. These certificates shall specify or be endorsed to provide that thirty (30) days’ notice must be given, in writing, to the City of any pending cancellation or modifications of the policy.
a. Workers’ Compensation. Chamber shall have in effect during the entire life of this Agreement Workers’ Compensation and Employers’ Liability Insurance providing full statutory coverage. In signing this Agreement, Chamber makes the following certification required by California Labor Code Section 1861:

I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with such provisions before commencing the performance of the work of this Agreement.
b. Liability Insurance. Chamber shall make out and maintain during the life of this Agreement such bodily injury liability and property damage

MEMORANDUM OF UNDERSTANDING
FISCAL YEAR 2022-23

liability insurance as shall protect the Chamber while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Chamber’s work under this Agreement, whether such work be by Chamber or by any subcontractor or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be one million dollars and no cents ($1,000,000.00) combined single limit bodily injury and property damage for each occurrence. The City, its officers, employees and agents shall be maintained as additional insured on said policy, and a certificate of said coverage shall be delivered to the City before any work commences. All insurance shall be with insurance carriers licensed in the State of California and in good standing with the California Department of Insurance.

6. Designated Representative
(a) The City’s representative is as follows:

Name and Title: Steve Carmona, City Manager
Address: 6615 Passons Boulevard, Pico Rivera, CA 90660
E-mail Address: [email protected]
Telephone No.: (562) 801-4371
Fax No.: (562) 949-0280
(b) The Chamber’s representative, who shall be responsible for job performance, negotiations, contractual matters, coordination with the City Representative is as follows:

Name and Title: Daniel Andrade, President
Address: 5016 Passons Boulevard, Pico Rivera, CA 90660
Organization: Pico Rivera Chamber of Commerce
E-mail Address: [email protected]
Phone No.: (323) 215-9836
The Chamber’s services shall be performed by, or shall be immediately supervised by, the Chamber’s representative.

7. Assignment
This MOU is for the professional services of the Chamber. Any attempt by the Chamber to assign the benefits or burdens of this MOU without written approval of the City shall be prohibited and shall be null and void.

MEMORANDUM OF UNDERSTANDING
FISCAL YEAR 2022-23

8. Records, Inspections and Reports
The Chamber shall maintain full and accurate records with respect to all services and matters covered under this MOU. The City shall have free access at all reasonable times to such records, and the right to examine and audit same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. The Chamber shall furnish a final report to the City Manager or the City Manager’s designee days following the end of agreement, in such form as it is requested by the City Manager or designee, with such report to include an accurate and complete record of the number and nature of public inquiries and progress and activity information on other goals and business support services required in this Agreement.

9. Covenants and Conditions
Each term and each provision of this MOU to be performed by the Chamber shall be construed to be both a covenant and a condition.

10. Termination
City may terminate this Agreement at any time, with or without cause, by giving 30 days’ written notice to Chamber.

11. Effect of Termination
Upon termination, as stated in Paragraph 10 of this MOU, the City shall compensate the Chamber only for work done by the Chamber up to and including the date of termination of this MOU, unless the termination is for cause, in which event the Chamber need be compensated only to the extent required by law.

12. Modification of MOU
This MOU is subject to written modification and termination as necessary by the City in accordance with requirements contained in any future federal legislation and regulations affecting this MOU or funding for programs hereunder. All other tasks described in this MOU and all other terms of this MOU may be modified only upon mutual written consent of the City and the Chamber.

13. Use of the term “City”
Reference to “City” in this MOU includes City Manager or any authorized representative acting on behalf of the City.

14. Notices
All notices given, or required to be given, pursuant to this MOU shall be in writing and may be given by personal delivery or by mail. Notice sent by mail shall be addressed

MEMORANDUM OF UNDERSTANDING
FISCAL YEAR 2022-23

to each party’s designated representative as set forth above in Section 6. When addressed in accordance with this paragraph, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

15. Permits and Licenses
The Chamber, at its sole expense, shall obtain and maintain during the term of this MOU, all appropriate permits, licenses and certificates that may be required in connection with the performance of services under this MOU. In addition, Chamber shall maintain and remain in good standing with the Secretary of State and Franchise Tax Board.

Suspension of corporate status or any permits or licenses shall be cause for termination of remaining funding, at the sole and absolute discretion of the City.

16. Indemnification
Chamber shall defend, indemnify, and hold harmless City and its officers and employees from and against any and all liability claims, suit, loss, damages, costs, and expenses, including attorney’s fees arising out of or resulting from any negligent acts, errors, or omissions of Chamber, its officers, employees, agents, or subcontractors in the performance of their services under this Agreement.

17. Waiver
A waiver by the City of any breach of any term, covenant or condition contained in this MOU shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained in this MOU whether of the same or different character.

18. No Employment Relationship
Chamber is an independent entity from the City. This MOU shall not create or constitute an employment relationship between the City and the Chamber or any of its officers, directors, employees and assigns. The Chamber shall have no power or authority to incur any debt, obligation or liability on behalf of the City.

19. Attorneys’ Fees
Should a dispute arise between the parties to this MOU resulting in legal action, the prevailing party shall be entitled to an award of reasonable attorney’s fees and costs incurred.

MEMORANDUM OF UNDERSTANDING
FISCAL YEAR 2022-23

20. Integrated MOU
This MOU, along with Attachment “A,” represent the entire MOU between the City and the Chamber and supersedes all preliminary negotiations. No verbal MOU or implied covenant shall be held to vary the provisions of this MOU. This MOU shall bind and inure to the benefit of the parties to this MOU and to any subsequent successors and assigns.

In Witness Whereof, the parties have signed this MOU on the dates set forth below.

APPROVED AS TO FORM:

City of Pico Rivera
By:________________________________ Date:____________________ Steve Carmona, City Manager
Pico Rivera Chamber of Commerce
By:________________________________ Date:____________________ Daniel Andrade, Board President
APPROVED AS TO FORM: ATTEST:
____ __________________________
Arnold Glasman, City Attorney Anna M. Jerome, City Clerk Budget Approved by City Council Action on June 28, 2022 per Resolution No. 7199.

ATTACHMENT“A”

SCOPE OF SERVICES
FY 2022– 2023
The Chamber shall administer services in business promotion, marketing, networking and education to the business community about resources, local issues and concerns, and services, as follows:

A. Business Support Services
I. The Chamber will work with the City of Pico Rivera to develop and maintain an accurate database of businesses in the City of Pico Rivera. This database will serve the Chamber and City in communicating with businesses. The Chamber will use this database to conduct “Business Satisfaction Surveys” to remain informed of ongoing challenges or growth opportunities for Pico Rivera businesses.

II. The Chamber will work with its membership on targeted business promotion activities that will help strengthen the electronic presence of Pico Rivera businesses including, but not limited to, advertising via email blasts, and advertising on the Chamber of Commerce’s website, social media, and the new Virtual City Hall platform.

III. The Chamber will plan and coordinate activities designed to promote businesses within the City such as ribbon-cutting ceremonies, grand openings, and ground breakings in partnership with the City of Pico Rivera as this encourages business promotion, encourages businesses to join the Chamber, and represents an opportunity for business owners to meet City leaders such as the Mayor, council members and local legislators.

IV. The Chamber will plan and coordinate a series of in-person or virtual business seminars, workshops and trainings to inform and educate the business community on a variety of business-related issues, subjects of interest, and resources.

V. The Chamber will assist the City with promoting and encouraging business participation in the “Shop & Dine Pico Rivera” campaign aimed at encouraging residents to support Pico Rivera businesses for shopping and other services by educating them about the importance of local sales tax revenue.

VI. In conjunction with the City of Pico Rivera, the Chamber will coordinate interview opportunities for the Chambers “Business of the Month” program, local businesses success stories, in conjunction with the City’s economic development efforts. The City website and the Chamber website, email distribution lists, and social media will serve as a platform for the City and Chamber to highlight business services and technical assistance provided, to keep our businesses thriving.

VII. The Chamber will work with the City and Pico Rivera Sheriff’s Station to promote and expand the “Business Watch Program”, in addition to speaking opportunities, the Chamber will include articles related to business crime and safety-related issues in the Chamber E-Newsletter.

VIII. The Chamber will assist in the development and distribution of materials relating to the City and its projects in the form of a joint physical “Business Welcome Package”, and work with the City to disseminate.

B. Promotion of the City at Events, Marketing Materials I. The Chamber of Commerce will organize and/or partner with a non-partisan “Candidate’s Forum” for all City Council, School Board, and Water District races.

II. The Chamber will organize, promote and stage an “Annual State of the City”.

C. Visitor/General Public Inquiries:

I. The chamber will provide information services to the public through maintenance of an office. The Chamber staff will be accessible Monday through Friday from 8:30 a.m. to 4:30 p.m. In addition to walk-in traffic, the general public is assisted via phone, email, on-the-field, and virtually. Chamber staff fields calls regarding City services (including trash, water, current Council issues) and local community events.

II. The Chamber will respond to inquiries in a timely manner and will provide a report of activities to the City, the following are examples of activities:
a. Inquires requesting City and business information
b. Walk-ins requesting general information
c. Virtual, mail, fax, email inquiries
d. Distribution of City & Chamber materials, including maps, membership directories, brochures and pamphlets.

III. The Chamber will utilize office space at 5016 Passons Blvd. to distribute and disseminate appropriate information about City programs and services.

IV. The Chamber will maintain a website, www.PicoRiveraChamber.org, providing residents and businesses access to information about the Chamber, the City of Pico Rivera and the business community at all times. The Chamber Calendar will be posted on the website which lists the dates of all City-wide events that are submitted for posting. The website shall be updated on a timely basis.

V. The Chamber will produce and maintain City, visitor and business information materials, such as a membership directory and City map.

VI. The Chamber will establish distribution channels, such as local businesses, community centers, libraries, social media, website etc. to deliver information of City and Chamber events.

To: Mayor and City Council
From: City Manager
Meeting Date: October 25, 2022
Subject: APPROVE AMENDMENTS NO. 1 TO WILLDAN

ENGINEERING PROFESSIONAL SERVICES
AGREEMENT NO. 19-1891 AND TO ELIE FARAH INC.

PROFESSIONAL SERVICES AGREEMENT NO. 19-1892
Recommendation:

1. Approve Amendment No. 1 to Willdan Engineering Professional Services Agreement No. 19-1891 in an amount not-to-exceed $120,000 and extend the term to June 20, 2024, for traffic engineering services related to the Public Works Department;

2. Approve Amendment No. 1 to Elie Farah Inc. Professional Services Agreement No. 19-1892 in an amount not-to-exceed $120,000 and extend the term to June 20, 2024, for traffic engineering services related to the Public Works Department; and

3. Authorize the City Manager to execute the Professional Services Agreement Amendments in a form approved by the City Attorney.

Fiscal Impact:

The recommended action will increase each agreement by $120,000 per agreement.

This is an on-call agreement therefore the specific tasks are not yet identified. The Engineering Division will process Purchase Orders (PO) for each assignment covering a variety of tasks as needed. The Fiscal Year (FY) 22-23 approved budget includes sufficient Measure R Funds (Fund 207) under account No. 207.40.4010.54500 to cover such work. There is no fiscal impact to the General Fund.

Discussion:

On June 25, 2019, City Council approved two (2) Professional Services Agreements to provide readily available and qualified resources for traffic related requests. The selected consultants assist City staff with traffic data collection, development of traffic control device policies and procedures, review of private development impact analysis, conduct traffic investigations, and provide technical input to City staff with signing and 8 CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 25, 2022 APPROVE AMENDMENTS NO. 1 TO WILLDAN ENGINEERING PROFESSIONAL SERVICES AGREEMENT NO. 19-1891 AND TO ELIE FARAH INC. PROFESSIONAL SERVICES AGREEMENT NO. 19-1892

striping changes, signal equipment upgrades, collision analysis, speed limits, traffic volume data, and other traffic related projects on an as-needed basis.

Amendment No. 1 for each agreement will exercise the option contained in the original agreements, modifying the end dates to June 20, 2024. The contract maximum for each agreement will be increased by $120,000.

Conclusion:

To provide continued traffic engineering services, staff recommends approval of Amendment No. 1 to Willdan Engineering Professional Services Agreement No. 19- 1891, and approval of Amendment No. 1 to Elie Farah Inc. Professional Services Agreement No. 19-1892. The City reserves the right to assign traffic assignments to one or both consultants at its sole discretion based on project requirements, requirements of the funding source for the project, as well as the availability of each consultant. The selected firms will assist the City based on staffing needs and the scheduling of future projects. There is no guarantee of work of any specific contract value.

Steve Carmona
SC:TR:MA:GE:np
Enclosures: 1) Amendment No.1 – Willdan Engineering
2) Amendment No.1 – Elie Farah, Inc.

AMENDMENT NO. 1 TO AGREEMENT NO. 19-1891

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND

WILLDAN ENGINEERING
THIS AMENDMENT NO. 1 TO AGREEMENT NO. 19-1891 PROFESSIONAL

SERVICES AGREEMENT BETWEEN THE CITY OF PICO RIVERA AND WILLDAN ENGINEERING (“Amendment No. 1"), effective as of the date specified in paragraph 4 hereof, is made and entered into by and between the CITY OF PICO RIVERA (“City”), and Willdan Engineering, (“Consultant”).

RECITALS
A. City and Consultant (collectively referred to as the “Parties”) have previously executed that certain Agreement No. 19-1891 Professional Services Agreement Between the City of Pico Rivera and Willdan Engineering, dated June 26, 2019 (“Agreement”), relating to engineering services in the City of Pico Rivera.

B. The Parties desire to amend said Agreement as set forth herein, pursuant to Sections 4 and 32 of the Agreement.

NOW, THEREFORE, THE PARTIES AGREE THAT THE AGREEMENT SHALL BE AMENDED AS FOLLOWS:

1. EXTENSION OF TERM.

Per Section 4. Term of the Agreement, City hereby exercises both of the two (2) one-year extension terms. The Term shall now expire on June 30, 2024.

2. COMPENSATION
The total compensation under the Agreement shall hereby be increased by an amount not to exceed One Hundred Twenty Thousand Dollars ($120,000.00) in addition to the existing total compensation amount under Section 5.1 of the Agreement.

3. EFFECT OF AMENDMENTS
Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the City and Consultant shall remain in full force and effect.

4. EFFECTIVE DATE.

Unless otherwise specified herein, this Amendment No. 1 shall become effective as of the date set forth below on which the last of the parties, whether City or Consultant, executes this Amendment No. 1.

ENCLOSURE 1
8a
Amendment No. 1 to Agreement 19-1891

WILLDAN ENGINEERING

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No.1 to be executed and attested by their respective officers hereunto duly authorized. “City” “Consultant”
CITY OF PICO RIVERA Willdan Engineering
______________________________ _________________________________ Steve Carmona, City Manager Vanessa Muñoz, Director of Engineering Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM
___________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AMENDMENT NO. 1 TO AGREEMENT NO. 19-1892

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND
ELIE FARAH, INC.

THIS AMENDMENT NO. 1 TO AGREEMENT NO. 19-1892 PROFESSIONAL

SERVICES AGREEMENT BETWEEN THE CITY OF PICO RIVERA AND ELIE FARAH, INC. (“Amendment No. 1"), effective as of the date specified in paragraph 4 hereof, is made and entered into by and between the CITY OF PICO RIVERA (“City”), and Elie Farah, Inc., (“Consultant”).

RECITALS
A. City and Consultant (collectively referred to as the “Parties”) have previously executed that certain Agreement No. 19-1892 Professional Services Agreement Between the City of Pico Rivera and Elie Farah, Inc., dated June 26, 2019 (“Agreement”), relating to engineering services in the City of Pico Rivera.

B. The Parties desire to amend said Agreement as set forth herein, pursuant to Sections 4 and 32 of the Agreement.

NOW, THEREFORE, THE PARTIES AGREE THAT THE AGREEMENT SHALL BE AMENDED AS FOLLOWS:

1. EXTENSION OF TERM
Per Section 4. Term of the Agreement, City hereby exercises both of the two (2) one-year extension terms. The Term shall now expire on June 30, 2024.

2. COMPENSATION
The total compensation under the Agreement shall hereby be increased by an amount not to exceed One Hundred Twenty Thousand Dollars ($120,000.00) in addition to the existing total compensation amount under Section 5.1 of the Agreement.

3. EFFECT OF AMENDMENTS
Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the City and Consultant shall remain in full force and effect.

4. EFFECTIVE DATE
Unless otherwise specified herein, this Amendment No. 1 shall become effective as of the date set forth below on which the last of the parties, whether City or Consultant, executes this Amendment No. 1.

ENCLOSURE 2
8b
Amendment No. 1 to Agreement 19-1892
ELIE FARAH, INC.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to be executed and attested by their respective officers hereunto duly authorized. “City” “Consultant”
CITY OF PICO RIVERA ELIE FARAH, INC.
______________________________ _________________________________ Steve Carmona, City Manager Elie Farah, Principal Engineer Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM
___________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney To: Mayor and City Council
From: City Manager
Meeting Date: October 25, 2022
Subject:   APPROVAL OF A LOW-INCOME YOUTH SPORTS

SUBSIDY PROGRAM (PICO RIVERA PLAYPASS)
Recommendation:

1. Approve the creation of the Pico Rivera PlayPASS Program, a Low-Income Youth Sports Subsidy Program;

2. Approve an appropriation of $10,000 from the fiscal year (FY) 2020-21 General Fund operating surplus to Account No. 100.80.8103.54100 (Special Departmental Expenses) in FY 2022-23 to fund the Pico Rivera PlayPASS Program; and,

3. Authorize the Director of Parks and Recreation to develop and implement program guidelines.

Fiscal Impact:

The estimated cost to operate the Pico Rivera PlayPASS Program in FY 2022-23 is $10,000. Should the City Council approve the recommendation, an appropriation of $10,000 will be made from FY 2020-21 General Fund unallocated surplus to Account No. 100.80.8103-54100 (Special Departmental Expenses).

Background:

On September 27, 2022, the City Council directed staff to explore the creation of a youth sports fund with $10,000 to assist low-income residents in paying for sports registration fees. City Council members expressed concerns related to low-income families wanting to participate in City recreation programs as well as recognized Community Sports Organizations (CSO) yet not having the financial means to do so.

The City is committed to investing in our youth. As such, we want to provide opportunities for increased access to City-operated and City-recognized CSO recreation programs in an equitable and inclusionary manner which we believe will improve our community’s quality of life.

The City welcomes over 2,048 participants in recreational activities year-round, of which 1,401 are residents of Pico Rivera. Per Resolution 6743, the City only allows City9 CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 25, 2022

APPROVAL OF A LOW-INCOME YOUTH SPORTS SUBSIDY PROGRAM (PICO

RIVERA PLAYPASS)

sponsored programs as well as formally City-recognized CSO to operate sports programs and collect fees on City-owned fields. The fees for recreation activities within City programs average $65 dollars; however, the CSOs registration fees average $163.

The City recognizes that sports fees can be difficult to afford, especially when a household has multiple children wanting to enroll in various sports programs. The City has become aware that there may be families in need impacted by their inability to pay.

As a result, these families either are not able to enroll their child into a sports program and/or must choose between allowing one child to play versus a sibling. For this reason, staff is recommending the creation of the Pico Rivera PlayPASS Program. This program will provide subsidies to qualified youth residents that will offer them a stipend towards a City-sponsored sports program and/or registered (CSO) sports program.

Discussion:

The City will use FY 2020-21 General Fund unallocated surplus to fund the Pico Rivera PlayPASS Program to assist low-income Pico Rivera families by subsidizing recreation fees. Staff will develop guidelines that establish income limits, residency requirements, limits on activities, and age limits. Staff will determine income eligibility utilizing the U.S.

Department of Housing and Urban Development’s (HUD) very low- and low-income thresholds, found in the table below.
2022 HUD Income Limits
Household
Size
Very Low
(50%)
Income
Limits
Low (80%)
Income
Limits
1 $41,700 $66,750
2 $47,650 $76,250
3 $53,600 $85,800
4 $59,550 $95,300
5 $64,350 $102,950
6 $69,100 $110,550
7 $73,850 $118,200
8 $78,650 $125,800
The guideline’s purpose is to ensure that the funds and program benefit low-income families in Pico Rivera. Children must qualify for the PlayPass program as well as be in good standing with the Sports Organization. The City anticipates providing stipends of approximately $150; however, the amount may change as staff determines the program’s needs. The proposed subsidy amount estimates to provide approximately 66 vouchers, allowing 66 low-income youths to participate in the City’s recreation and sports activities.

Staff will create guidelines as well as marketing materials in hopes of launching the Pico Rivera PlayPass Program in early 2023.

CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 25, 2022

APPROVAL OF A LOW-INCOME YOUTH SPORTS SUBSIDY PROGRAM (PICO

RIVERA PLAYPASS)

Conclusion:

It is recommended that the City Council approve the Low-Income Youth Sports Subsidy Program in the amount of $10,000 to promote equity and inclusiveness in City-funded recreation programs.

Steve Carmona
SC:PY:VF:smc
To: Mayor and City Council
From: City Manager
Meeting Date: October 25, 2022
Subject: AMENDMENT NO. 2 TO MAINTENANCE SERVICES
AGREEMENT NO. 19-1915 WITH GENERAL BUILDING

MANAGEMENT COMPANY FOR JANITORIAL SERVICES
Recommendation:

1. Approve Amendment No. 2 to Maintenance Services Agreement No. 19-1915 with General Building Management Co., to increase the contract amount in an amount not-to-exceed $148,010 to exercise the first of two, one (1) year optional renewals for janitorial services for the period of October 23, 2022, through October 22, 2023;

2. Amend the fiscal year (FY) 2022-23 budget by increasing Expense Account No. 100.40.4031-54500 (Facilities Maintenance, Contracted Services) in the amount of $54,080 and Revenue Account No. 100.00.0000.47610 (Cost Reimbursements) in the amount of $54,080 for the additional services for Los Angeles County Library; and

3. Authorize the City Manager to execute Amendment No. 2 to Maintenance Services Agreement No. 19-1915 in a form approved by the City Attorney.

Fiscal Impact:

The FY 2022-23 budget for Account No. 100.40.4031-54500 (Facilities Maintenance, Contracted Services) will be increased by $54,080 to cover costs for additional services provided to the Los Angeles County Library. This amount is fully reimbursable to the City, therefore, to accommodate this reimbursement, Account No. 100.00.0000.47610 (Cost Reimbursements) will also be increased by $54,080.

Discussion:

The goal of the facilities maintenance program is to maintain City buildings in a clean, safe, and good condition. The City utilizes contract services to supplement in-house maintenance services, including janitorial services for all City buildings. On October 22, 2019, following a competitive process, the City entered into an agreement with General Building Management (GBM) to provide janitorial services for City buildings. The contract 10 CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 25, 2022 AMENDMENT NO. 2 TO MAINTENANCE SERVICES AGREEMENT NO. 19-1915 WITH

GENERAL BUILDING MANAGEMENT COMPANY FOR JANITORIAL SERVICES

term is for three (3) years (expiring October 21, 2022), with two one (1) year optional renewals. The yearly cost for these services has been $87,785.

In October 2021 the City approved Amendment No. 1 to Agreement No. 19-1915 to provide for additional cleaning services requested by Los Angeles County Library for the Pico Rivera Library and the Rivera Library. These services amount to $4,507 per month and are reimbursable by Los Angeles County Library.

The two one (1) year renewal options are subject to mutual agreement. GBM has requested a 7% increase in the cost of regular services (Exhibit B-2 of Amendment No. 2) to account for labor and materials costs since October 2019. Staff has reviewed this request and finds the amount requested is reasonable. Amendment No. 2 therefore will consist of regular and additional services as follows:

1. Regular Services – $93,930

2. Additional Services - $54,080 (Reimbursable by Los Angeles County Library)

3. Total Amendment No. 2 – $148,010
In addition to approving Amendment No. 2 in the amount of $148,010, it is necessary to adjust the FY 2022-2023 Budget to account for the costs of the additional library services.

The budget adjustment will need to be made in both the expense and revenue accounts as follows:

1. Account No. 100.40.4031-54500 (Facilities Maintenance, Contracted Services) will be increased by $54,080 to cover costs for additional services provided to the Los Angeles County Library.

2. Account No. 100.00.0000.47610 (Cost Reimbursements) will be increased by $54,080 to account for reimbursement by Los Angeles County Library.

Conclusion:

GBM has been working under the current janitorial contract since October 2019 and staff is satisfied with their performance. Staff recommends that City Council approve Amendment No. 2 to Agreement No. 19-1915 in the amount of $148,010 (total revised contract amount not-to-exceed $532,514) to exercise the first year of two, one (1) year options.

Steve Carmona
SC:TR:np
CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 25, 2022 AMENDMENT NO. 2 TO MAINTENANCE SERVICES AGREEMENT NO. 19-1915 WITH

GENERAL BUILDING MANAGEMENT COMPANY FOR JANITORIAL SERVICES

Enclosures: 1) Amendment No. 2
2) Amendment No. 1
3) Maintenance Services Agreement No. 19-1915
AMENDMENT NO. 2 TO AGREEMENT NO. 19-1915

MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND

GENERAL BUIDLING MANAGEMENT COMPANY
THIS AMENDMENT NO. 2 TO AGREEMENT NO. 19-1915 MAINTENANCE

SERVICES AGREEMENT BETWEEN THE CITY OF PICO RIVERA AND GENERAL BUIDLING MANAGEMENT COMPANY (“Amendment No. 2"), effective as of the date specified in paragraph 5 hereof, is made and entered into by and between the CITY OF PICO RIVERA (“City”), and GENERAL BUILDING MANAGEMENT CO., a California corporation (“Contractor”).

RECITALS
A. City and Contractor (collectively referred to as the “Parties”) have previously executed that certain Agreement No. 19-1915 Maintenance Services Agreement Between the City of Pico Rivera and General Building Management dated October 22, 2019, as amended by Amendment No. 1 to Maintenance Services Agreement No. 19-1915 dated October 26, 2021 (“Agreement”), relating to janitorial services in the City of Pico Rivera.

B. The Parties desire to amend said Agreement as set forth herein, pursuant to Sections 3 and 37 of the Agreement.

NOW, THEREFORE, THE PARTIES AGREE THAT THE AGREEMENT SHALL BE AMENDED AS FOLLOWS:

1. EXTENSION OF TERM
In accordance with Section 3 of the Agreement, the Parties hereby agree to extend the Term of the Agreement by exercising the first of two optional renewals. The Term of the Agreement is hereby extended to October 22, 2023.

2. FEE SCHEDULE
Exhibit B of the Agreement shall hereby be supplemented with the Fee Schedule proposed by Contractor, attached hereto and incorporated into the Agreement as Exhibit B-2, applicable to any Services performed by Contractor after October 22, 2022.

3. COMPENSATION
In consideration of the Services provided by Contractor for the extended Term, the not to exceed a total maximum compensation under Section 7 of the Agreement shall hereby be increased by an amount of One Hundred Forty-Eight Thousand Nine Dollars and Four Cents ($148,009.04).

ENCLOSURE 1
10a
Amendment No. 2 to Agreement 19-1915
Professional Services Agreement
GENERAL BUILDING MANANGEMENT CO.

4. EFFECT OF AMENDMENTS
Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the City and Contractor shall remain in full force and effect.

5. EFFECTIVE DATE
Unless otherwise specified herein, this Amendment No. 2 shall become effective as of the date set forth below on which the last of the parties, whether City or Contractor, executes this Amendment No. 2.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 2 to be executed and attested by their respective officers hereunto duly authorized. “City” “Contractor”
CITY OF PICO RIVERA GENERAL BUILDING MANAGEMENT CO.
______________________________ _________________________________ Steve Carmona, City Manager Charles Han, Vice President Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM
___________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney EXHIBIT B2

FEE SCHEDULE
COMPANY NAME: General Building Management Co.

Facility Daily
Services
Shampoo
Upholstered
Furniture
Hard
Floors
Stripped
and
Waxed
Carpet
Cleaning
High
Dusting
Above 6'
Inside
/Outside
Window
Cleaning
Total Annual Cost
City Hall 5 4 4 4 2 2 $27,023.27
City Hall
West 5 4 4 4 2 2 $13,896.80
Public
Works Yard 4 4 4 4 2 2 $7,333.62
Parks and
Recreation 5 4 4 4 2 2 $7,333.62
Pico Rivera
Library 4 4 4 4 2 2 $27,023.29
Rivera
Library 4 4 4 4 2 2 $11,318.44
Pico Rivera
Library
additional
1 $5,824.00
Pico Rivera
Library
Covid
5 $23,400.00
Rivera
Library
additional
1 $1,456.00
Rivera
Library
Covid
5 $23,400.00
The Contractor declares that they have carefully examined the proposed work, that they have examined the Scope of Work and hereby proposes to do all work required to complete the said work or the unit price(s) as outlined in the Fee Schedule.

Total
contract
amount in
words
One hundred forty eight thousand nine dollars and 04/100 Total Contract
Amount $148,009.04
ENCLOSURE 2
10b

ENCLOSURE 3
10c

To: Mayor and City Council
From: City Manager
Meeting Date: October 25, 2022
Subject: PROFESSIONAL SERVICES AGREEMENT WITH RSG,
INC. TO PROVIDE MOBILEHOME RENT

IMPLEMENTATION AND ADMINISTRATION SERVICES
Recommendation:

1. Authorize the City Manager to enter into a Professional Services Agreement with RSG, Inc. for a three-year period for an amount not-to-exceed $300,000; and

2. Approve an appropriation of $300,000 from the fiscal year (FY) 2020-21 General Fund operating surplus to Account No. 100.30.3010-54500 (AdministrationContracted Services) in FY 2022-23.

Fiscal Impact:

The proposed cost for the implementation and administration of portions of the Mobilehome Rent Stabilization and Mobilehome Owner Protections Ordinance is a notto-exceed cost of $300,000 for a three-year period. Staff will utilize RSG, Inc. on an asneeded basis for the services required as identified in the ordinance. Staff requests that the funds be appropriated from the year-end surplus. Should the City Council approve the recommendation, an appropriation of $300,000 will be made from FY 2020-21 General Fund unallocated surplus to Account #100.30.3010-54500 (AdministrationContracted Services) to pay for this agreement.

Background:

On January 11, 2022 the City adopted the Mobilehome Rent Stabilization and Mobilehome Owner Protections Ordinance (Ordinance). The adoption of this ordinance was the result of a series of discussions at City Council meetings, Planning Commission meetings, and City Town Halls regarding housing cost-burdens for mobilehome park residents, maintenance and safety concerns, escalating space rents, and a proposal from mobilehome residents for a rent stabilization ordinance and registration program.

Under the City’s ordinance, a mobilehome park owner may increase space rent once 11 CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 25, 2022 PROFESSIONAL SERVICES AGREEMENT WITH RSG, INC. TO PROVIDE

MOBILEHOME RENT IMPLEMENTATION AND ADMINISTRATION SERVICES PAGE 2 OF 4
per year at a cap of 3%, unless otherwise allowed under the ordinance. Pursuant to AB 2782, the ordinance will affect the following:
1) Mobilehome leases that are 12 months or less in length regardless of time the lease was entered; and
2) Mobilehome leases that are more than 12 months in length only if entered on or before February 13, 2020.

After January 1, 2025, the rent stabilization ordinance will affect all mobilehome leases unless the law is amended.

Discussion:

In order to carry out the ordinance, in May 2022, staff developed a preliminary registry application packet and mailed the packet to the six (6) mobilehome parks in the City.

Staff received three (3) mobilehome park registration packets from Elms Mobile Home Park, Citrus Mobile Home Parks and Westland Estate. Staff analyzed the registry packets and worked with the mobilehome park owners to secure all missing documentation to ensure adherence to the ordinance for rent increases within the allowable parameters.

In order to fully implement the ordinance, the City must develop procedures for the following:
1) Determine the eligibility of each of the 405 mobilehome units (within the City’s six mobilehome parks) and establish a base rent back to October 13, 2020 (date City Council first introduced intent for regulation) per PRMC Section 9.48.020 and 9.48.030.
2) Develop an annual City Registry System in order for the mobilehome park owners to register each qualifying unit. Mobilehome park owners must first register their units in order to increase rents. Even if mobilehome park owners will not process a rent increase, they must register their units. 3) Monitor mobilehome parks to ensure that rent increases are not increased more frequently than once in a 12-month period.
4) Monitor and establish reimbursement procedures in the case where rents are paid in excess of those established by the City.
5) Monitor and establish new rental amounts per PRMC Section 9.48.040, Permitted Rent Increases for Mobilehome Spaces.
6) Create an application procedure per Section 9.48.050, Application for Rent and Adjustment, for owners who believe that they are not receiving fair and reasonable return from the allowable increases.
7) Create an application procedure for Section 9.48.060, Pass-through Capital Improvement Cost Recovery. This section allows the owner to submit an CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 25, 2022 PROFESSIONAL SERVICES AGREEMENT WITH RSG, INC. TO PROVIDE

MOBILEHOME RENT IMPLEMENTATION AND ADMINISTRATION SERVICES PAGE 3 OF 4
application to the City to increase rents when improvements are made to the park.
8) Ensure Mobilehome park owners are following PRMC Section 9.48.080, Mobilehome Owner Rental Agreement regarding obligatory contents of a mobilehome park agreement.
9) Per PRMC Section 9.48,090, Notice to Mobilehome Owners, ensure property owners provide residents a mandatory notice a notice of Mobilehome Owner’s rights under this Ordinance and a copy of the state’s Mobilehome Residency Law.
10)Establish an appeal process and create by resolution an Oversight Party that will process appeals from the Department’s final decision.

As outlined above, successful administration of the program includes a wide spectrum of tasks and activities. While staff has already begun to establish a registration program, the more complex and time-intensive activities inherent to the development and ongoing administration of this program requires the expertise from industry professionals. City staff research revealed that very few consultant firms manage mobilehome park rent stabilization programs for cities. RSG, Inc. has offered to provide the same type of services and fee schedule as they currently do for the City of Carson. The City of Carson entered into an agreement with RSG, Inc. after conducting a formal procurement process. The services included as part of the City of Carson agreement include rent review and housing compliance monitoring services. Section

3.20.030 of the Pico Rivera Municipal Code (PRMC) allows the City to forgo the procurement process for purchases made “by, through, or in concert with another public agency” if the purchase was made in compliance with state laws or local rules otherwise known as “Cooperative or Piggyback Purchasing”. RSG, Inc is also currently providing these types of services in the City of El Monte, Escondido, Oceanside, and Santa Ana.

In researching RSG’s qualifications, staff reached out to the City of Carson and the City of El Monte and received positive feedback, learning that RSG has a reputation for being very responsive in communicating with city staff, residents, mobilehome park owners, and provide excellent customer service.

The cost proposal from RSG, Inc. is in a not-to-exceed amount of $300,000 and is broken down year-to-year over three years but does not include enforcement for the full scope of the ordinance. The first year, which is heavily centered on start-up costs, is in the amount of $146,381, while the second and third years are in the amount of $76,588 each year. Establishing the base rent, registry system, and the Oversight Party are not part of the scope of services and are anticipated to increase the cost of implementing this ordinance. Staff will utilize RSG, Inc. on an as-needed basis for the services required as identified in the Ordinance.

The City Manager is currently working with the County of Los Angeles (County) to determine if the County could eventually take over the program as a pilot and achieve economies of scale as part of their Mobilehome Rent Stabilization Program, which CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 25, 2022 PROFESSIONAL SERVICES AGREEMENT WITH RSG, INC. TO PROVIDE

MOBILEHOME RENT IMPLEMENTATION AND ADMINISTRATION SERVICES PAGE 4 OF 4
implements the County’s Mobilehome Rent Stabilization and Mobilehome Owner Protections Ordinance (MRSMOPO) in unincorporated areas of the County.

Administration of the City’s ordinance by the County would be the first of its kind and would encourage other cities who are dissuaded by startup and administration costs as well as limited staffing to participate in similar programs.

Conclusion:

Staff recommends that the City Council approve the agreement with RSG, Inc. in a notto-exceed amount of $300,000 broken down into three (3) years.

Steve Carmona
SC:JG:jj
Enclosures: 1) Professional Services Agreement
2) RSG, Inc. Letter
AGREEMENT NO. _____

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND
RSG, Inc.

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Pico Rivera, a California municipal corporation (“City”) and RSG, Inc., (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as “Parties.”

2. RECITALS

2.1 City has determined that it requires professional services from a consultant to provide administration services for implementing the Mobilehome Rent Stabilization Ordinance. The scope of this agreement includes ongoing administration of the ordinance, including: CPI Rent Increase Calculations, Fair Return Petition Review, Capital Improvement Application, Park Owner and Mobilehome Owner Inquiries, Staff Training, and Mobilehome Owner Application for Adjustment. RSG will also provide advisory services including modifications to the ordinance, developing Procedures and Guidelines, Rental Registry and Fee, and services as needed.

2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, for and in consideration of the performance by the Parties of the mutual covenants and conditions herein contained, the Parties hereto agree as follows:

3. DEFINITIONS

3.1 “Scope of Services”: Such professional services as are set forth in the Consultant’s August 5, 2022 proposal to City attached hereto as Exhibit “A” and incorporated herein by this reference.

3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in the Consultant’s August 5, 2022 proposal to City attached hereto as Exhibit “B.”

3.3 “Commencement Date”: October 4, 2022

3.4 “Expiration Date”: June 30, 2024
ENCLOSURE 1
11a
Professional Services Agreement
RSG, Inc.

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of the Parties or terminated in accordance with Section 22 below.

5. CONSULTANT’S SERVICES

5.1 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of $141,740 (One Hundred Forty-One Thousand Seven Hundred Forty Dollars) unless specifically approved in advance, in writing, by City.

5.2 Consultant shall perform all work to the highest professional standards of Consultant’s profession and in a manner reasonably satisfactory to City.

6. COMPENSATION

6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept in full satisfaction for such services, payment in accordance with the Approved Fee Schedule.

6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten (10) business days of receipt of each invoice, City shall notify Consultant in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Consultant.

6.3 Payments for any services requested in writing by City and not included in the Scope of Services shall be made to Consultant by City on a time-and-materials basis using Consultant’s standard fee schedule. Fees for such additional services shall be paid within sixty (60) days of the date Consultant issues an invoice to City for such services.

7. BUSINESS LICENSE
Consultant shall obtain a City business license prior to commencing performance under this Agreement.

Professional Services Agreement
RSG, Inc.

8. COMPLIANCE WITH LAWS
Consultant shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out-of-state corporation or LLC, it must be qualified and registered to do business in the State of California pursuant to sections 2105 and 17708.02 of the California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

9. CONFLICT OF INTEREST
Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both: (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing prior to Consultant’s performance of such work.

10. PERSONNEL
Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City’s premises. Tara E. Matthews, Principal, shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.

11. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products”) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant. If any state, federal, or local law Professional Services Agreement
RSG, Inc.

requires mandatory copyright protection for Consultant’s work product, City shall comply with such laws to the extent feasible.

12. INDEPENDENT CONSULTANT

12.1 Consultant is, and shall at all times remain as to City, a wholly independent consultant. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of City. 12.2The Parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship, joint-employer relationship, or any other relationship between Consultant or Consultant’s employees except as set forth in this Agreement.

12.3 City shall have no direct or indirect control over Consultant’s employees or sub-consultants with respect to wages, hours, and working conditions. In addition, City shall not deduct from the Compensation paid to Consultant any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to Consultant, Consultant’s employees or subconsultants. City shall have no responsibility to provide Consultant, its employees or subconsultants with workers’ compensation insurance or any other insurance.

12.4 The Parties further acknowledges the following: (i) that Consultant shall provide the services outlined in the Scope of Services directly to City; (ii) Consultant maintains a business location at the address listed under Section 20 that is separate and distinct from the City; (iii) Consultant contracts with other businesses to provide the same or similar services and maintains a clientele without restriction from the City; (iv) Consultant advertises and holds itself out to the public as available to provide the same or similar services; (v) unless otherwise specified in this Agreement, Consultant provides its own tools, vehicles, and equipment necessary for performing the Scope of Services; (vi) Consultant has proposed and negotiated its own rates; and (vii) consistent with the nature and demands of the project and the City’s business hours, Consultant may set its own hours and location of work.

13. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement.

Professional Services Agreement
RSG, Inc.

14. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES
No official or employee of the City shall be personally liable to Consultant in the event of any default or breach by City, or for any amount which may become due to Consultant.

15. INDEMNIFICATION

15.1 The Parties agree that City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to City. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

15.2 To the full extent permitted by law, Consultant shall indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subconsultants in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

15.3 City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 15 or related to Consultant’s failure to either: (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

15.4 The obligations of Consultant under this Section 15 will not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives Professional Services Agreement
RSG, Inc.

its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

15.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 15 from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subconsultants or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees.

15.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

15.7 PERS ELIGIBILITY INDEMNITY. In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

Professional Services Agreement
RSG, Inc.

16. INSURANCE

16.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

16.1.1 Comprehensive general liability, and Umbrella or Excess Liability Insurance covering all operations by or on behalf of Consultant providing insurance for bodily injury liability and property damage liability for the following and including coverage for:

16.1.1.1 Premises, operations, and mobile equipment

16.1.1.2 Products and completed operations

16.1.1.3 Broad form property damage (including completed operations)

16.1.1.4 Explosion, collapse, and underground hazards

16.1.1.5 Personal Injury

16.1.1.6 Contractual liability
in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit; Two Million Dollars ($2,000,000) aggregate for products/completed operation; Two Million Dollars ($2,000,000) general aggregate (General aggregate must apply separately to Consultant’s work under this Agreement.); and Five Million Dollars ($5,000,000) umbrella or excess liability.

16.1.2 Automobile Liability Insurance for owned, hired and non-owned vehicles utilized by Consultant, its employees or subconsultants, in the amount of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

16.1.3 Worker’s Compensation Insurance as required by the laws of the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.

16.1.4 Professional Liability Insurance against errors and omissions in the performance of the work under this Agreement with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence of claim/ Two Million Dollars ($2,000,000) in the aggregate.

Professional Services Agreement
RSG, Inc.

16.2 Consultant shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

16.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.

16.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either: (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

16.5 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and, for the general liability and automobile liability policies, naming the City as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with City’s Risk Manager such certificate(s).

16.6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall provide such proof to City at least two weeks prior to the expiration of the coverages.

16.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

16.8 The general liability and automobile policies of insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or selfinsurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

16.9 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.

16.10 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

Professional Services Agreement
RSG, Inc.

16.11 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 15 of this Agreement.

16.12 If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

17. MUTUAL COOPERATION

17.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available to City for the proper performance of Consultant’s services under this Agreement.

17.2 In the event any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require.

18. RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

19. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachment permits and building and safety permits and inspections.

20.NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile, email, or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the Parties may, from time to time, designate in writing).

Professional Services Agreement
RSG, Inc.

If to City: If to Consultant:

Steve Carmona, City Manager
City of Pico Rivera
PO Box 1016
6615 Passons Blvd.

Pico Rivera, California 90660-1016
Facsimile: (562) 801-4765
Tara E. Matthews, Principal
RSG, Inc.
17872 Gillette Ave., Suite 350
Irvine, California 92614-6595
With a courtesy copy to:

Arnold M. Alvarez-Glasman, City Attorney
13181 Crossroads Parkway North
Suite 400 - West Tower
City of Industry, CA 91746
Facsimile: (562) 692-2244

21. SURVIVING COVENANTS
The Parties agree that the covenants contained in Sections 13, 15 and Paragraph

17.2 of Section 17, of this Agreement shall survive the expiration or termination of this Agreement.

22. TERMINATION

22.1. City shall have the right to terminate this Agreement for any reason on five (5) calendar days’ written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty (60) calendar days’ written notice to City. The effective date of termination shall be upon the date specified in the notice of termination. Consultant agrees that in the event of such termination, City’s obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered, as solely determined by the City, prior to the effective date of termination. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

22.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed, as solely determined by the City, at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.

23. ASSIGNMENT
Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt Professional Services Agreement
RSG, Inc.

to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any Party other than Consultant.

24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

24.1 In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant, or employment applicant because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action to ensure that subconsultants, employees, and employment applicants are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

24.2 Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

24.3 Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.

25. WARRANTIES

25.1 Each Party has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement, or been provided with an opportunity to receive independent legal advice and has freely and voluntarily waived and relinquished the right to do so. Each Party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such Party’s failure to perform under this Agreement.

25.2 In executing this Agreement, each Party has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever.

25.3 It is agreed that each Party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either Party has the full right and authority to fully commit and bind such Party to the provisions of this Agreement.

Professional Services Agreement
RSG, Inc.

26. CAPTIONS

26.1 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement.

26.2 Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

27. NON-WAIVER

27.1 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.

27.2 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any Party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such Party of any of all of such other rights, powers or remedies.

27.3 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

28. COURT COSTS AND ATTORNEY FEES
In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the Party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants’ fees and expert witness fees, if any, and attorneys’ fees expended in such action. The venue for any litigation shall be Los Angeles County, California.

Professional Services Agreement
RSG, Inc.

29. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

30. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.

31. COUNTERPARTS
This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile or email transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the Party whose signature appears in the facsimile or email and shall be binding upon such Party in the same manner as though an originally signed copy had been delivered.

32. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the Parties.

Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by City and Consultant.

Professional Services Agreement
RSG, Inc.

TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “CITY” “CONSULTANT”
CITY OF PICO RIVERA RSG, INC.
______________________________ ___________________________________ Steve Carmona, City Manager Tara E. Matthews, Principal Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney Professional Services Agreement
RSG, Inc.

EXHIBIT A

SCOPE OF SERVICES
Professional Services Agreement
RSG, Inc.

EXHIBIT B

APPROVED FEE SCHEDULE
Scope of Services
Mobilehome Rent Stabilization and Mobilehome Owner Protections Ordinance Administration Pico Rivera (2022)
Total
Principal Director Sr. Assoc Associate Analyst Res. Asst. Total Hrs Not to $ 275 $ 275 $ 200 $ 185 $ 135 $ 125 Exceed
Task 2 - Ongoing Administration 70 21 140 120 49 - 400 $ 81,840 Analyze actual and projected annual costs of implementing identified programs Task 2.1 CPI Rent Calculations - 1 - - 4 - 5 815
Task 2.2
Fair Return Petition
Review (3 applications) 60 - 120 120 45 - 345 68,775
Task 2.5 Staff Training 10 20 20 - - - 50 12,250
Task 3 - Advisory Services 25 50 35 15 10 10 145 $ 59,900 Evaluate existing revenue sources; identify potential sources used by other communities Task 3.2
Procedures and
Guidelines 15 30 15 15 10 10 95 20,750
Task 3.3 Rental Registry and Fee 10 20 20 - - - 50 12,250 Task 3.4 As-Needed Services 20 20 20 20 20 20 20 26,900 REVISED GRAND TOTAL BUDGET $ 115 $ 91 $ 195 $ 155 $ 79 $ 30 $ 685 $ 141,740 Task Hours & Billing Rate
Professional Services Agreement
RSG, Inc.

EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subconsultant that is not registered with DIR pursuant to Section 1725.5. Consultant and subconsultants shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subconsultant ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subconsultant.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate Professional Services Agreement
RSG, Inc.

payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Consultant shall comply with and be bound by the provisions of Labor Code seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Consultant shall not perform Work with any Subconsultant that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. The Consultant and Subconsultants shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. If the Consultant or any subconsultant becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.

Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subconsultant for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby 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.” Professional Services Agreement
RSG, Inc.

12. For every subconsultant who will perform work on the project, Consultant shall be responsible for such subconsultant’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subconsultant a copy of those statutory provisions and a requirement that each subconsultant shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subconsultant’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subconsultant and upon becoming aware of the failure of the subconsultant to pay his or her workers the specified prevailing rate of wages.

Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent consultants serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subconsultants, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.
17872 GILLETTE AVE.

SUITE 350
IRVINE, CA 92614
714 541 4585
[email protected]
WEBRSG.COM
September 29, 2022
City of Pico Rivera
Jane Guo
6615 Passons Boulevard
Pico Rivera, CA 90660
Dear Ms. Guo,
Thank you for considering RSG, Inc. to provide you with Mobilehome Rent Stabilization and Mobilehome Owner Protections Ordinance (“RSO”) administration services. The administration services would include initial implementation, ongoing administration, and advisory services according to our proposal.

We will honor and offer the same contract price, terms, and conditions to the City of Pico Rivera as the City of Carson’s RSO administration services in which we were awarded the contract due to our participation in the RFP for City of Carson’s RSO administration services.

We are looking forward to supporting the City of Pico Rivera and providing the best services available while working on this project.

Sincerely,
Tara E. Matthews, Principal
ENCLOSURE 2
11b
To: Mayor and City Council
From: City Manager
Meeting Date: October 25, 2022
Subject: FIRST READING – INTRODUCE AN ORDINANCE FOR

ILLEGAL SOLID WASTE COLLECTION AND HAULING
Recommendation:

1. Introduce and conduct first reading of an ordinance adding Section 8.12.470, “Illegal Collection and Hauling of Solid Waste,” to Chapter 8.12, “Garbage and Rubbish,” of Title 8, “Health and Safety,” of the Pico Rivera Municipal Code, which will require a majority vote of the City Council.

Fiscal Impact:

The potential fiscal impact has not yet been determined and will be assessed by City staff and presented at the following City Council meeting.

Discussion:

Upon direction from the City Council at its meeting on October 11, 2022, the City Attorney’s office has drafted an Ordinance to establish provisions and procedures relating to illegal collection and hauling of solid waste within the City of Pico Rivera (“City”).

Pursuant to the broad authority over solid waste matters given to cities by the California Integrated Waste Management Act of 1989, a city has the right under its police power to handle solid waste collection itself or to contract for its collection by one or more private parties. In 2012, the City of Pico Rivera awarded an exclusive solid waste franchise to NASA Services after a competitive bid process. The franchise system provides residents with quality waste collection services, consistent rates, improved customer service, and special features, such as annual clean-up events and bulky item pick-up included with the standard service.

The purpose of this Ordinance is to provide a procedure in the event of illegal solid waste collection in violation of the City’s waste collection laws. Under this Ordinance, any container not owned, placed, and serviced by the City’s franchise hauler that is 12 CITY COUNCIL AGENDA REPORT- MEETING OF OCTOBER 25, 2022 FIRST READING – INTRODUCE AN ORDINANCE FOR ILLEGAL SOLID WASTE

COLLECTION AND HAULING

placed within a right-of-way, on private property, or on public property, for the purpose of collection of solid waste will be considered a public nuisance and subject to removal.

Violators will be given notice to remove their containers and a failure to do so will result in the City’s removal of such containers at the cost of the owner of the containers. If removed by the City and if the containers are not claimed within thirty (30) days, they will be deemed abandoned. Owners will be able to appeal the actions of the City Manager or a designee in the removal of the containers and the imposition of any fees.

Conclusion:

Staff recommends that the City Council introduce and conduct the first reading and adopt the Ordinance which will require a majority vote of the City Council establishing provisions and procedures for illegal collection and hauling of solid waste in the City of Pico Rivera.

Steve Carmona
SC:NO:JG:jj
Enclosures: 1) Ordinance
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, ADDING SECTION 8.12.470 TO CHAPTER 8.12 OF TITLE 8 OF THE PICO RIVERA MUNICIPAL CODE TO ESTABLISH

ILLEGAL SOLID WASTE COLLECTION PROVISIONS AND

PROCEDURES IN THE CITY OF PICO RIVERA
WHEREAS, a city has the right under its police power to handle solid waste collection itself or to contract for its collection by one or more private parties pursuant to the broad authority over solid waste matters given to cities by the California Integrated Waste Management Act of 1989; and
WHEREAS, the Pico Rivera Municipal Code section 8.12.020 defines “collection” as the operation of gathering together garbage, rubbish, waste material, and transporting the same to the point of disposal; and
WHEREAS, the City of Pico Rivera has awarded an exclusive solid waste franchise to NASA Services; and
WHEREAS, a franchise system provides residents with quality waste collection services, consistent rates, improved customer service, and special features, such as annual clean-up events and bulky item pick-up included with the standard service; and WHEREAS, the franchise waste haulers are selected through a competitive process where waste haulers are requested to submit proposals for consideration and criteria for selecting the best qualified waste hauler include price, work plan, financial resources, references, experience, environmental record, procurement and/or contract/agreement disputes; and
WHEREAS, the City of Pico Rivera desires to establish provisions and procedures for the illegal collection of solid waste throughout the City.

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

SECTION 1. Incorporation of Recitals. The City Council for the City of Pico Rivera finds and declares the foregoing are true and correct and incorporates said recitals fully into this ordinance as substantive findings.

SECTION 2. Section 8.12.470 “Illegal Collection and Hauling of Solid Waste,” in Chapter 8.12 “Garbage and Rubbish,” of Title 8, “Health and Safety,” is hereby added to the Pico Rivera Municipal Code as follows:

Title 8 HEALTH AND SAFETY
Chapter 8.12 GARBAGE AND RUBBISH
Section 8.12.470 Illegal Collection and Hauling of Solid Waste.

ENCLOSURE 1
12a
ORDINANCE NO. ____

A. Violation. Any container not owned, placed, and serviced by the city’s franchise hauler that is placed within a right-of-way, on private property, or on public property, for the purpose of collection of solid waste will be prima facie evidence of the owner of such containers engaging in the prohibited act of collecting solid waste for hire while a contract is in force with the city and a franchise hauler for the collection and disposal of solid waste. Any such containers associated with the prohibited act of collecting solid waste for hire are considered a public nuisance and shall be subject to removal. The city will make a determination based on prima facie evidence that a contract for service is in effect if a container not owned by the city’s franchise waste hauler is placed on private property or within the right-of-way. Consent must be obtained from a responsible person(s) prior to entering private property to perform an abatement, or an administrative inspection warrant, and proper notice must be obtained as required by law.

B. Notice to Remove Requirements. The city manager or his/her designee may cause the posting of a notice to remove, in a conspicuous place, on any container placed on any public or private property that is used for or is ancillary to any act in violation of any provision of this section. Notices to remove posted pursuant to the provisions of this section shall specify the nature of the violation and shall state that the container must be removed within three (3) calendar days from the date the notice is posted on the container, or it may be removed and stored by the city or its designee, and the contents disposed of, at the expense of the owner of the container. The posting of a notice to remove shall constitute constructive notice to the owner and user of the container of the requirement to remove the container.

C. Impound Authority. Independent of any criminal prosecution or the results thereof, the city is authorized and empowered to impound any unauthorized solid waste or recycling container to enforce the provisions in this section. In carrying out a removal, the city shall follow the procedure established in this section.

D. Procedure for City Removal of Containers. If the container is not removed within three (3) calendar days after the posting or issuance of a notice to remove, the city manager, or his/her designee, may direct the removal and storage of the container and the disposal of its contents by either the city or its designee.

The city may employ the services of its franchise waste hauler, or any other contractor properly equipped to remove said containers. No party, including the franchise waste hauler, shall remove a container without prior written authorization from the city manager or his/her designee. Any person whose duty it is to enforce the provisions of this section may enter upon private property with the consent of the property owner, tenant, or occupier, or by authority of a warrant, or without consent or a warrant if exigent circumstances exist. If the contents of the collection container include the presence of biodegradable wastes, hazardous constituents, ORDINANCE NO. ____

or other environmental or sanitary threats, the city manager may order the immediate appropriate disposition of the contents to protect the public’s health and safety, and the container’s owner shall be liable for the costs and fees of disposal.

E. Notice of Completed Removal. In the event that a container is removed by the city and the identity of the owner of the container is known to the city manager or his/her designee, the city manager or his/her designee shall promptly cause notice to be issued to the owner by first class mail to claim the stored property.

After a container has been removed by the city pursuant to a notice to remove and following three (3) calendar days after the mailing of written notice, the owner thereof shall be deemed to have actual notice of the provisions of this section. This notice requirement is not applicable in the event that the identity of the owner of the container cannot be determined following reasonable efforts by the city manager or his/her designee to establish identity. No container shall be released to its owner except upon written authorization of the city manager or his/her designee.

F. Abandonment. If the container is not claimed within thirty (30) calendar days after removal and notice to the owner, if the identity of the owner is known, the container shall be deemed abandoned property and may be disposed of accordingly.

G. Appeal. The owner of any container may appeal the actions of the city manager or his/her designee in removing a container and the imposition of fees within ten (10) days from the date of serving the notice to abate or within ten (10) days of serving the notice of removal. The person to whom notice was given may file an appeal of the nuisance finding to the city manager. Such appeal shall be in writing and shall identify the property subject to the notice. Failure to file a timely appeal shall constitute a waiver of all rights to an administrative appeal hearing and adjudication of the notice to abate or any portion thereof. The city manager shall then appoint a hearing officer to hear the appeal, which hearing officer may not be an employee of the city. Notice of the date and time of the hearing shall be given in writing. The date of the hearing shall be no sooner than five (5) days from the date when the notice of the hearing is given to the appellant and to the enforcement officer. The hearing shall be conducted within twenty (20) days from the filing of the appeal or at such later date as may be agreed to by both appellant and the city. At the time of the hearing, the hearing officer shall hear testimony of all competent persons desiring to testify and review all documents, photographs or other evidence respecting the condition constituting the nuisance. If the appellant fails to attend the hearing, the hearing will proceed without the appellant and he or she will be deemed to have waived his or her rights to present evidence or testimony at the hearing. At the conclusion of the hearing, the hearing officer shall determine whether or not a nuisance exists or existed. If a determination is made supporting the finding of a nuisance, the appellant shall be served a written notice ORDINANCE NO. ____

of the hearing officer’s decision directing the abatement of the nuisance or payment of fees within ten (10) days. The decision of the hearing officer is final.

H. Subsequent Violation. In the event of a subsequent placement of a container owned by the same owner in violation of this section, the city manager or his/her designee may immediately, without the giving of notice under subsection B of this section, direct the removal and storage of the unlawfully placed container and shall, in such case, give notice to the owner to claim the container. Removed containers are subject to subsection F of this section.

I. Related Fines, Fees and Costs Payable by Owner. The owner of the container shall be responsible for payment of all related fines and to reimburse the city for the actual costs of the removal, storage, and disposal of contents, and in addition any administrative and ancillary fees established by resolution of the city council.

All amounts due to the city, shall constitute a civil debt owed to the city by the owner, who shall be liable therefore in an action by the city or its designee for the recovery of such amounts. Notwithstanding the above, the city manager or his/her designee may direct the release of a container without payment of costs or fees in the event that a determination is made that significant mitigating circumstances exist that relieve the owner of the responsibility for placing such container on private property or within the right-of-way for the apparent purpose of collecting solid waste for hire.

SECTION 3. Any provision of the City of Pico Rivera’s Municipal Code inconsistent with the provisions of this ordinance, to the extent of such inconsistency and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance.

SECTION 4. The City Clerk shall certify to the adoption of this ordinance. The City Council hereby finds that there are no newspapers of general circulation published and circulated within the City. The City Clerk shall therefore cause this ordinance to be posted in five public places within the City as specified in the Pico Rivera Municipal Code within fifteen (15) days of its final passage and this ordinance shall take effect thirty (30) days following its final passage.

SECTION 5. The City Clerk shall certify to the adoption of this ordinance causing it to be posted as required by law.

APPROVED AND ADOPTED this _____ day of ______, 2022.
___________________________
Dr. Monica Sanchez, Mayor
ORDINANCE NO. ____

ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
)§

COUNTY OF LOS ANGELES )
I, Anna M. Jerome, City Clerk of the City of Pico Rivera, do hereby certify that the foregoing Ordinance No. _____was adopted at a regular meeting of the City Council of the City of Pico Rivera, held on Tuesday, __________, 2022, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Anna M. Jerome, City Clerk
To: Mayor and City Council
From: City Manager
Meeting Date: October 25, 2022
Subject: FIRST READING – INTRODUCE AN ORDINANCE FOR
THE 2022 CALIFORNIA BUILDING CODES, AMENDING
TITLE 15, BUILDING AND CONSTRUCTION, OF THE

PICO RIVERA MUNICIPAL CODE
Recommendation:

1. Introduce and waive first reading ordinance adopting by reference the 2022 California Building Codes and the 2021 International Property Maintenance Code, Amending Title 15, Building and Construction, of The Pico Rivera Municipal Code;

2. Approve resolution setting forth findings for required amendments to the 2022 California Building Standards Codes relative to local climatic, topographic, and geologic conditions; and

3. Set a public hearing date for November 8, 2022.

Fiscal Impact:

There is no fiscal impact as a result of the recommended actions.

Discussion:

Building and safety activities are regulated and controlled closely by state law and local ordinances. California Government Code Section 38660 empowers the legislative body of a city to regulate building construction, and Section 50020 through 50022.7 provides for adoption of the codes by reference. The California Health and Safety Code Section 17958 requires cities to adopt the most recent edition of the model building standards codes as amended and adopted by the California Building Standards Commission (CBSC).
13 CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 25, 2022 FIRST READING – INTRODUCE AN ORDINANCE FOR THE 2022 CALIFORNIA BUILDING CODES, AMENDING TITLE 15, BUILDING AND CONSTRUCTION, OF

THE PICO RIVERA MUNICIPAL CODE

The California Codes are applicable to all occupancies throughout the state, whether or not the local government takes an affirmative action to adopt these standards.

California law takes a straightforward approach to amendments by local governments:
• The governing body of the local government must make express findings that amendments to the building standards are necessary due to local climatic, topographic or geologic conditions.
• The local amendments may only provide for a more restrictive building standard than that contained in the California Codes.
• The administrative provisions of the California Codes may also be amended, provided they are found to be equivalent to the provisions outlined in the Codes. • The local amendments and the express findings must be filed with the California Building Standards Commission.

In accordance with these requirements, staff has identified the climatic, geologic and topographic conditions within the City’s region that necessitate amendments to the California Codes. These findings include the hot dry Santa Ana wind conditions, the occasional heavy winter rains that follow the dry seasonal weather, the City’s location within a highly active seismic area, the soils potential for liquefaction, the density of development, and existing traffic circulation and congestion. The modifications to the California Codes contain vital provisions regarding administrative procedures, roofing materials, seismic requirements, foundation requirements, pool safety barriers and other matters necessitated by the City’s exposure to the above climatic, geologic and topographic conditions.

Most of the changes and modifications are the same or substantially similar to those that the City has adopted for previous codes. These amendments to the Model Codes may be found in Title 15 of the Pico Rivera Municipal Code and include for example, the requirement for a Class “A” roof material. In this example, Class “A” is less combustible than other types of roofing materials such as wood shake. Highly combustible roofing materials, such as wood shake, are not recommended in the City due to the close proximity of most structures and the tendency for moderate winds, such as the Santa Ana Winds, to blow through the City. Moderate winds would pose a fire danger with highly combustible roofing materials. This example highlights just one of the many vital provisions to the California Codes.

In addition, the City proposes to adopt the 2021 International Property Maintenance Code. The purpose of this code is to establish minimum requirements to provide a reasonable level of health, safety, property protection and general welfare of existing CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 25, 2022 FIRST READING – INTRODUCE AN ORDINANCE FOR THE 2022 CALIFORNIA BUILDING CODES, AMENDING TITLE 15, BUILDING AND CONSTRUCTION, OF

THE PICO RIVERA MUNICIPAL CODE

structures. Existing structures and premises that do not comply with these provisions are required to be altered or repaired to meet these minimum standards for the safety of the residents and public, and the general quality of life for the community. The recommended code modifications will not impose any new or significant financial burden to development projects in the City, do not differ significantly from previous code adoption cycles, and are similar to code modifications in surrounding cities.

Staff is requesting to set a public hearing date per California Government Code Section 50022.3. This date will be set for November 8, 2022. A “Notice of Public Hearing” will be published on the Whittier Daily News, pursuant to California Government Code 6066.

Environmental Analysis:

California Environmental Quality Act (CEQA) Guidelines section 15060(c)(2) states that a project is not subject to CEQA review where the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment. CEQA Guidelines Section 15061(b)(3) states that a project is exempt from CEQA “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Conclusion:

The approval of the code amendments set forth in the proposed ordinance and resolution do not approve any physical development project and would not result in a direct or indirect physical change in the environment. The proposed changes to Title 15 are necessary to maintain consistency with state law and ensure a safe built environment. Many of the standards are already being implemented by the City when reviewing construction projects and would not change how these projects are reviewed and approved. For these reasons, the proposed amendments would not have the potential to result in individual or cumulative significant effects on the environment and the proposed code amendments are exempt from review under CEQA.

Steve Carmona
SC:JG:JF:jj
Enclosures: 1) Ordinance
2) Resolution
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO

RIVERA, CALIFORNIA, AMENDING SPECIFIED CHAPTERS OF TITLE 15 OF THE PICO RIVERA MUNICIPAL CODE ADOPTING BY
REFERENCE PARTS 1 THROUGH 6, AND 8 THROUGH 12 OF TITLE
24 OF THE CALIFORNIA CODE OF REGULATIONS
WHEREAS, the City Council of the City of Pico Rivera hereby finds that the public health, safety, and welfare will be best protected and served by the adoption of various building and construction industry codes that are established and maintained by the State Building Standards Commission; and
WHEREAS, Section 19758 of the Health and Safety Code mandates that the City of Pico Rivera adopt ordinances and regulations imposing the same requirements as are contained in the regulations adopted by the State pursuant to the Health and Safety Code Section 17922; and
WHEREAS, Section 17958.5 of the Health and Safety Code permits the City to make changes or modifications as are reasonably necessary because of local conditions; and
WHEREAS, Section 17958.5 requires that the City make findings that such changes and modifications are needed due to climatic, geologic, or topographic conditions the findings of which were made by the City Council pursuant to City Council Resolution No. ____ and is incorporated herein as part of these recitals; and WHEREAS, Section 18938 et seq. of the California Health and Safety Code specifies that the California Building Standards Code applies to all occupancies throughout the State; and
WHEREAS, Section 50022.1 et seq. of the California Government Code provides local agencies may enact ordinances which adopt codes by reference, in whole or part.

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

SECTION 1. The above recitals are true and correct and are incorporated herein as part of the findings.

SECTION 2. The Table of Contents of Title 15 of the Pico Rivera Municipal Code is hereby amended to read as follows:

TITLE 15

BUILDINGS AND CONSTRUCTION
Chapters:

15.04 Technical Building Codes
ENCLOSURE 1
13a
Ordinance No. ____

15.08 Building Code

15.10 Residential Code

15.12 Housing Code

15.16 Abatement of Dangerous Building Code

15.24 Mechanical Code

15.28 Electrical Code

15.32 Plumbing Code

15.34 Green Building Standards Code

15.35 Energy Code

15.37 Historical Building Code

15.38 Existing Building Code

15.42 Referenced Standards Code

15.44 Fire Code
SECTION 3. Chapter 15.04 of Title 15 of the Pico Rivera Municipal Code is hereby repealed in its entirety, and a new Chapter 15.04 of Title 15 is hereby added in place thereof to read as follows:

Chapter 15.04 Technical Building Codes

15.04.010 Adoption of specific codes—Copies on file.

15.04.020 Definition of terms.

15.04.030 Resolution of conflicts in application.

15.04.010 Adoption of Specific Codes—Copies on file.

A. For the purpose of prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment, use, height, and area of buildings and structures, the following construction codes subject to the modifications set forth in this Chapter, are hereby adopted:

1. California Administrative Code, 2022 Edition;

2. California Building Code, 2022 Edition, including Volumes 1 and 2, and Appendix I, based on the 2021 International Building Code as published by the International Code Council;

3. California Residential Code, 2022 Edition, based on the 2021 International Residential Code as published by the International Code Council;

4. California Green Building Standards Code, 2022 Edition;

5. California Plumbing Code, 2022 Edition, based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials;

6. California Mechanical Code, 2022 Edition, based on the 2021 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials;

7. California Electrical Code, 2022 Edition, based on the 2020 National Electrical Code as published by the National Fire Protection Association; Ordinance No. ____

8. California Historical Building Code, 2022 Edition, as published and adopted by the Building Standards Commission;

9. California Existing Building Code, 2022 Edition, based on the 2021 International Existing Building Code as published by the International Code Council;

10.California Energy Code, 2022 Edition, as published and adopted by the Building Standards Commission;

11.California Referenced Standards Code, 2022 Edition, as published and adopted by the Building Standards Commission;

12.Los Angeles County Fire Code (Title 32 of the Los Angeles County Code), amending the 2019 California Fire Code as published and adopted by the Building Standards Commission.

B. In accordance with, Health and Safety Code Section 18942(d), one copy of an up to date version of said codes will remain on file for use and examination by the public in the office of the Building Official.

15.04.020 Definition of terms.

Whenever any of the following names or terms are used in this Title or in any of the codes adopted by reference in this Title, unless the context directs otherwise, such names or terms shall be deemed and construed to have the meaning ascribed to it in this section, as follows:

A. “Building Division” means the Public Works Department, Building Division of the City of Pico Rivera;
B. “Building Official” means the Person serving in the position of Building Official within the Public Works Department of the City of Pico Rivera or his or her designee;
C. “Health Office” means the Los Angeles County Department of Health Services.

15.04.030 Resolution of conflicts in application.

In the event of any conflict or ambiguity between any provision contained in the California Codes and any amendment thereto or addition thereto contained in this title, the amendment or addition thereto shall control.

SECTION 4. Chapter 15.08 of Title 15 of the Pico Rivera Municipal Code is hereby repealed in its entirety, and a new Chapter 15.08 of Title 15 is hereby added in place thereof to read as follows:

Chapter 15.08 Building Code

15.08.010 Documents—Adopted by reference.

15.08.020 Chapter 1—General code provisions.

15.08.030 Section 312.1 amended—Swimming pools.

15.08.040 Sections 311.4 and 312.4 added—Garage surfaces.

Ordinance No. ____

15.08.050 Section 312.5 added—Barbed wire and other fences.

15.08.060 Sections 403.4.8.3 and 403.4.8.4 amended—Smokeproof enclosures.

15.08.070 Section 502.1 amended—Address identification.

15.08.080 RESERVED

15.08.090 RESERVED

15.08.100 Section 718.3 amended—Draftstopping in floors.

15.08.110 Section 718.4 amended—Draftstopping in attics.

15.08.120 Table 1505.1 amended—Roof coverings.

15.08.130 Section 1505.1.2 amended—Roof coverings.

15.08.140 Section 1613.5.3 amended—Building seismic separation.

15.08.150 Section 3109.1.1 amended—Public bodies of water exemption.

15.08.160 Section 3109.4.1.10 added—Prohibited activity.

15.08.170 Section 202 amended—Private pool definition.

15.08.180 RESERVED

15.08.190 Section 3109.1.2 added—Pool lighting restriction.

15.08.200 Chapter 36 added—Construction and maintenance of parking areas.

15.08.210 Chapter 37 added—Relocation of buildings.

15.08.220 Chapter 38 added—Grading and excavation.

15.08.230 Appendix I, Section 1101.1 amended—Patio enclosures.

15.08.010 Documents—Adopted by reference.

A. The city council of the city of Pico Rivera hereby adopts the 2022 Edition of the California Building Code including Appendix I, based on the 2021 Edition of the International Building Code, as published by the International Code Council, as Chapter

15.08 of Title 15 of this code, except such portions as are deleted, modified, or amended as set forth in this chapter. Said code is adopted and incorporated as if fully set forth herein.

B. The purpose of these codes is to prescribe regulations for the erection, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of all buildings and structures.

State law references: Authority to regulate construction, Government Code Section 38660; California Building Standards Law, Government Code Section 18901 et seq.

15.08.020 Chapter 1—General code provisions.

Chapter 1, Division II of the 2022 California Building Code is hereby deleted and a new Chapter 1, Administration is added to read as follows:

Section 101 General
Section 102 Applicability
Section 103 Building division
Section 104 Duties and powers of building official
Section 105 Permits
Ordinance No. ____

Section 106 Construction documents
Section 107 Temporary structures and uses
Section 108 Permit fees
Section 109 Inspections
Section 110 Certificate of occupancy
Section 111 Service utilities
Section 112 Board of appeals
Section 113 Violations and penalties
Section 114 Stop work order
Section 115 Unsafe structures and equipment
Section 116 Construction toilets
Section 117 Safety assessment placards
SECTION 101 GENERAL
101.1 Title. These regulations shall be known as the California Building Code of the State of California, hereinafter referred to as “this code.” 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted.
101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations.
101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Electrical. The provisions of the California Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 101.4.2 Gas. The provisions of the California Plumbing Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.

Ordinance No. ____

101.4.3 Mechanical. The provisions of the California Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and for appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.
101.4.4 Plumbing. The provisions of the California Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the California Plumbing Code shall apply to private sewage disposal systems. 101.4.5 Property maintenance. The provisions of the Uniform Housing Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures. 101.4.6 Fire prevention. The provisions of the California Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.
101.4.7 Energy. The provisions of the California Energy Code, Title 24, Part 6 shall apply to all matters governing the design and construction of buildings for energy efficiency.

SECTION 102 APPLICABILITY
102.1 General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.
102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number shall be construed to refer to such chapter, section or provision of this code.
102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

Ordinance No. ____

102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the California Building Code, Uniform Housing Code or the California Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.

SECTION 103 BUILDING DIVISION
103.1 Creation of enforcement agency. The Building Division is hereby created and the official in charge thereof shall be known as the building official or a duly authorized representative.
103.2 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official.

SECTION 104 DUTIES AND POWERS OF BUILDING OFFICIAL
104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code.
104.4 Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.

Ordinance No. ____

104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. The building official shall obtain an inspection warrant and may be accompanied by a sheriff. 104.7 Department records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records. 104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.
104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official. 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, Ordinance No. ____

accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety.
104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. 104.11.1 Evaluation reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid evaluation reports from approved sources. 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records.

SECTION 105 PERMITS
105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

Exception: Electrical maintenance permits may be obtained on an annual basis subject to compliance with the following:

1. Any person, firm or corporation regularly employing one or more qualified maintenance electricians and possessing a valid annual electrical maintenance permit for the installation, alteration and maintenance of electrical equipment in or on buildings or premises owned or occupied by the permittee, may make application and obtain an annual maintenance permit. The application for this permit shall be made in writing to the Building Official and shall contain a description of the premises on which the work is to be done under the permit.

Ordinance No. ____

Work authorized by an electrical maintenance permit shall be limited to installations, alterations, extensions and maintenance in or on existing buildings.

2. Within not more than fifteen (15) days following the end of each calendar month, the person, firm or corporation to which an annual permit is issued shall transmit to the Building Official a monthly report of all electrical work which was done for the preceding month and shall obtain a permit for all such work and pay the fees in accordance with the fee schedule adopted by the City Council resolution except the charge for issuance of the permit.

3. The person, firm or corporation to whom an annual maintenance permit is issued shall keep a record of all electrical equipment installed under said permit and the Building Official shall have access to such records.

4. A permit granted to one person, firm or corporation shall not authorize any other person, firm or corporation, except an employee of the permittee, to do any electric wiring.

5. A fee shall be paid to the Building Official in accordance with the fee schedule adopted by City Council resolution, for each annual maintenance electrical permit at the time such permit is issued. Fees for all the work installed under such permit shall be paid at the time of submitting the monthly report.

Every person applying for qualification as maintenance electrician shall pay the Building Official in accordance with the fee schedule adopted by City Council resolution, for examination and qualification, and successfully pass an examination by the Building Official, relative to electrical work. In lieu of examination, possession of a State Electrical Contractor’s License or proof of qualification by another governmental jurisdiction acceptable to the Building Official may be considered as meeting the requirements of this Section. Waiver of examination shall not be considered a waiver of any fee required by this Section. Each annual maintenance electrician permit shall expire on December 31st of each year and shall be renewed within thirty (30) days thereafter upon payment of an annual renewal fee in accordance with the fee schedule adopted by City Council resolution.
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Unless otherwise exempted by this Code, separate plumbing, electrical and mechanical permits will be required for the above exempted items.

Building Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (complying with zoning consistency review and fee).

Ordinance No. ____

2. Wooden or chain link fences not over 6 feet high and masonry garden walls less than 3 feet high. (Planning approval is required.)

3. Oil derricks.

4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III A liquids.

5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter does not exceed 2:1.

6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and not part of an accessible route.

7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

8. Temporary motion picture, television and theater stage sets and scenery. (Other Dept. approvals are required, including a temporary use permit.)

9. Prefabricated swimming pool accessory to a Group R-3 occupancy that are less than 18 inches (610 mm) deep, do not exceed 5,000 gallons (18,925 L) and are installed entirely above ground.

10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

11. Treehouses, swings and other playground equipment accessory to detached one- and two-family dwellings.

12. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Groups R-3 and U occupancies.

13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.

Electrical:

1. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

2. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.

3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

4. Low Voltage Systems: Electrical wiring, devices, appliances, apparatus, or equipment operating at less than 25 volts and not capable of supplying more than 1,200 watts of energy.

Gas:

1. Portable heating appliance.

Ordinance No. ____

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:

1. Portable heating appliance.

2. Portable ventilation equipment.

3. Portable cooling unit.

4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any part that does not alter its approval or make it unsafe.

6. Portable evaporative cooler.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with the new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. 105.2.2 Repairs. Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.
105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall:

Ordinance No. ____

1. Identify and describe the work to be covered by the permit for which application is made.

2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

3. Indicate the use and occupancy for which the proposed work is intended.

4. Be accompanied by construction documents and other information as required in Section 106.

5. State the valuation of the proposed work.

6. Be signed by the applicant, or the applicant’s authorized agent.

7. Give such other data and information as required by the building official. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor.

No building permit or other similar applicable permit bearing on property development or use including additions, modifications, revisions or parking lots shall be issued unless and until the Public Works Director, Zoning Administrator or their designated representatives have reviewed and found same to be in compliance with all applicable Code provisions and/or entitlements.

If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, and the approval as to compliance with all applicable Code provisions and/or entitlements has been secured from the Public Works Director and the Zoning Administrator or their designated representative, the building official shall issue a permit therefor as soon as practicable. 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.
105.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction.

Ordinance No. ____

105.5 Expiration. Whenever the Building Official determines by inspection that work on any building or structure for which a permit has been issued and the work started thereon has been suspended for a period of 12 months or more, the owner of the property upon which such structure is located or other person or agent in control of said property upon receipt of notice in writing from the Building Division to do so shall within ten (10) days from the date of such written notice obtain a new permit to complete the required work and diligently pursue the work to completion or shall remove or demolish the buildings or structure within one hundred twenty (120) days from date of the written notice. Should a new permit wish to be obtained after a permit has expired, full fees would be required.
105.6 Liens to be discharge. No permit shall be issued to any person or corporation under the provisions of this Chapter in respect to any property where the cost of any building repair or abatement has been confirmed by the Board of Appeals and a lien therefor has been recorded unless and until the amount of said lien with interest, has been paid in full.
105.7 Surrender of permit. If no portion of the work or construction covered by a permit issued by the Building Official under the provisions of this Code has been commenced, the person to whom such permit has been issued may deliver such permit to the Building Official with a request that such permit be canceled. The Building Official shall thereupon stamp or write on the face of such permit the words, “Canceled at the request of the Permittee.” Thereupon such permit shall be null and void and of no effect. 105.8 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. 105.9 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project.

SECTION 106 CONSTRUCTION DOCUMENTS
106.1 Submittal documents. Construction documents, statement of special inspections and other data shall be submitted in one or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.

Ordinance No. ____

106.1.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. 106.1.1.1 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this code and the construction documents and shall be approved prior to the start of system installation.

Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9.
106.1.2 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. 106.1.3 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code.

The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, waterresistive membrane and details around openings.

The construction documents shall include manufacturer’s installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. 106.2 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction, as well as any known easements on the site, and existing distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. 106.3 Examination of documents. The building official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances.

Ordinance No. ____

106.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as “Reviewed for Code Compliance.” One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative.
106.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 12 months after the effective date of this code and has not been abandoned.
106.3.3 Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted.
106.3.4 Design professional in responsible charge.
106.3.4.1 General. When it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.

The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.

Where structural observation is required by Chapter 17, the statement of special inspections shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur (see also duties specified in Chapter 17).
106.3.4.2 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period.

Ordinance No. ____

Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official.

Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and been found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the design and submittal documents have been approved by the building official. 106.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. 106.5 Number of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws.

SECTION 107 TEMPORARY STRUCTURES AND USES
107.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.
107.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and general welfare.
107.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the California Electrical Code. 107.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.

SECTION 108 PERMIT FEES
108.1 General. A fee for each required permit shall be assessed in accordance with the fee schedule adopted by City Council resolution.

Ordinance No. ____

108.2. Plan review fees and expiration. When the valuation of the proposed construction exceeds $500.00 and a plan is ready to be submitted by Subsection 105.3, a plan-checking fee, in an amount set by City Council resolution shall be paid to the City at the time of submitting plans and specifications for checking. When submittal documents are incomplete or changes so as to require additional plan review or when the project involves deferred submittal items, an additional fee shall be assessed in accordance with the fee schedule adopted by City Council resolution. 108.3. Work without permits—Investigation fee. An investigation fee in addition to the permit fee shall be collected whether or not a permit is then or subsequently issued.

This fee shall be assessed in accordance with the fee schedule adopted by City Council resolution. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code nor from any penalties prescribed by law.

For the purpose of this Section a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached shall be construed to be a fixture. Fees for reconnection and retest of existing plumbing systems in relocated buildings shall be based on the number of plumbing fixtures, gas systems, water heater, etc., involved.

When interceptor traps or house trailer site traps are installed at the same time as a building sewer on any lot, no sewer permit shall be required for the connection of any such trap to any appropriate inlet fitting provided in the building sewer by the permittee constructing such sewer.

When a permit has been obtained to connect to existing buildings or existing work to the public sewer or to connect to a new private disposal facility, backfilling or private sewage disposal facilities abandoned consequent to such connection is included in the building sewer permit.
108.4. Refunds. Refunds shall be paid in accordance with the refund schedule adopted by City Council resolution.
108.5. Certificate of occupancy fee. A fee for each Certificate of Occupancy or Temporary Certificate of Occupancy shall be assessed in accordance with the fee schedule adopted by City Council Resolution.

SECTION 109 INSPECTIONS
109.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the Ordinance No. ____

jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
109.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.
109.3 Required inspections. The building official, upon notification, shall make the inspections set forth in Sections 109.3.1 through 109.3.10. 109.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. 109.3.2 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.
109.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.4 shall be submitted to the building official. 109.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fireblocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.
109.3.4.1 Moisture Content Verification
Moisture content of framing members shall be verified in accordance with the California Green Building Standards Code (CALGreen), Chapter 4, Division 4.5. 109.3.4.2 Types IV-A, IV-B and IV-C Connection Protection Inspection In buildings of Types IV-A, IV-B and IV-C construction, where connection fire-resistance ratings are provided by wood cover calculated to meet the requirements of Section 2304.10.1, inspection of the wood cover shall be made after the cover is installed, but before any other coverings or finishes are installed.
109.3.4.3 Weather-Exposed Balcony and Walking Surface Waterproofing Where balconies or other elevated walking surfaces have weather-exposed surfaces, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier system shall not be concealed until inspected Ordinance No. ____

and approved.

Exception: Where special inspections are provided in accordance with Section 1705.1.1, Item 3.
109.3.5 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.

Exception: Gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly.
109.3.6 Fire-resistant penetrations. Protection of joints and penetrations in fireresistance-rated assemblies shall not be concealed from view until inspected and approved.
109.3.7 Energy efficiency inspections. Inspections shall be made to determine compliance with the California Energy Code and shall include, but not be limited to, inspections for: envelope insulation R and U values, fenestration U value, duct system R value, and HVAC and water-heating equipment efficiency. 109.3.8 Other inspections. In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety.
109.3.9 Special inspections. For special inspections, see Chapter 17. 109.3.10 Final inspection. The final inspection shall be made after all work required by the building permit is completed.
109.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.
109.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 109.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official.

Ordinance No. ____

SECTION 110 CERTIFICATE OF OCCUPANCY
110.1 Use and occupancy. No building or structure shall be used or occupied and no change in the existing occupancy classification or change of business ownership or ownership of a building or structure or portion thereof shall be made or until the building official has inspected and issued a certificate of occupancy therefor as provided herein.

Exception No. 1: Group R, Division 3 and Group U Occupancies.

Exception No. 2: Commercial Office Space sublet within an existing office space, approved by a Certificate of Occupancy is exempt from building inspection.

Issuance of a certificate of occupancy shall not be construed as an approval or a violation of the provisions of this code or of other ordinances of the jurisdiction.

Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. 110.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the city, and all work has been completed if a permit was issued, the building official shall issue a certificate of occupancy that contains the following:

1. The building permit number.

2. The address of the structure.

3. The name and address of the owner.

4. A description of that portion of the structure for which the certificate is issued.

5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

6. The name of the building official.

7. The edition of the code under which the permit was issued.

8. The use and occupancy, in accordance with the provisions of Chapter 3.

9. The type of construction as defined in Chapter 6.

10. The design occupant load.

11. If an automatic sprinkler system is provided, whether the sprinkler system is required.

12. Any special stipulations and conditions of the building permit. 110.3 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid.

In the event the building is not completed and ready for final inspection in the time prescribed by the Building Official, the building shall be vacated and the utilities Ordinance No. ____

disconnected until such time as the building is completed and final inspection is made and a Certificate of Occupancy is issued.
110.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.

SECTION 111 SERVICE UTILITIES
111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official.

There shall be no clearance for connection of gas or electrical utilities until final building, electrical, plumbing and mechanical inspections have been made and approval has been first obtained from the Building Official, except as provided for in Subsection 110.3 for a temporary Certificate of Occupancy.
111.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.
111.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.

SECTION 112 BOARD OF APPEALS
112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure.

The board shall adopt rules of procedure for conducting its business. 112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code.

Ordinance No. ____

112.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.
112.4 Applications, fees and findings. Any person appealing the decision of the Building Official shall file with the Building Official a written application accompanied by a filing fee in accordance with the fee schedule adopted by City Council Resolution at any time not more than 20 days after the decision of the Building Official.

The application shall set forth and include any information as the Building Official may require.

Upon the filing of a verified application, the Building Official shall transmit said application forthwith to the Board of Appeals, and such board shall investigate, examine, review, hear testimony, from and on behalf of the applicant, and shall render their findings and decisions on the matter in writing to the applicant with a duplicate copy to the Building Official within 20 days after the conclusion of its proceedings, the Building Official shall make all findings and decisions freely accessible to the public.

SECTION 113 VIOLATIONS AND PENALTIES
It shall be unlawful for any person, firm, corporation or any other legal entity to erect, construct, enlarge, alter, repair, move, improve, remove, relocate, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code.

A violation of any provision of this code, or of any permit, approved plans and specifications, or any amendment thereto, is a misdemeanor and is punishable by a fine of not to exceed $1,000.00 or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. Each separate day or any portion thereof, during which any violation of the code occurs or continues, constitutes a new and additional separate offense.

The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be permit for, or an approval of any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which it authorizes is lawful. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law.

SECTION 114 STOP WORK ORDER
Ordinance No. ____

114.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order. 114.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
114.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

SECTION 115 UNSAFE STRUCTURES AND EQUIPMENT
115.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.
115.2 Record. The building official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
115.3 Notice. If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order.
115.4 Method of service. Such notice shall be deemed properly served if a copy thereof is: (a) delivered to the owner personally; (b) sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or (c) delivered in any other manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner’s agent or upon the person responsible for the structure shall constitute service of notice upon the owner.

Ordinance No. ____

115.5 Restoration. The structure or equipment determined to be unsafe by the building official is permitted to be restored to a safe condition. To the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of the California Existing Building Code.

SECTION 116 CONSTRUCTION TOILETS
116.1 Temporary construction toilets. No person shall commence or proceed with the erection, construction, alteration, repair, raising, adding to, removal or demolition of any building or structure, unless adequate, suitable, sanitary toilet facilities under the control of such person are provided for the use of any person employed or working upon such building or structure. Such toilet facilities shall be located upon or within a reasonable distance of the lot, premises or site upon which such work is being done. In no case shall the line of travel to any toilet facility exceed three hundred feet (300'). 116.2 Toilet standards. Every toilet shall be of the water flush type and connected to a public sewer. All toilet structures shall be completely enclosed on four sides and the top and the door shall be self closing; the toilet floor shall be smooth, and screened ventilation shall be provided in toilet compartment. In lieu of flush water closets, approved chemical toilets may be provided.

SECTION 117 SAFETY ASSESSMENT PLACARDS
Sections:
117.1 Intent.
117.2 Application of provisions.
117.3 Definitions.
117.4 Placards.
117.1 Intent. This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The chapter further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.
117.2 Application of provisions. The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Pico Rivera. The Building Official may extend the provisions as necessary. 117.3 Definitions. Safety assessment is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy.
117.4 Placards.

Ordinance No. ____

(a) The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures.

Copies of actual placards are attached.
(1) INSPECTED—Lawful Occupancy Permitted is to be posted on any building or structure wherein no apparent structural hazard has been found.

This placard is not intended to mean that there is no damage to the building or structure.
(2) RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.
(3) UNSAFE—Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered. (b) This ordinance number, the name of the jurisdiction, its address, and phone number shall be permanently affixed to each placard.
(c) Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section.

15.08.030 Section 312.1 amended—Swimming pools.

Section 312.1 of the California Building Code is amended to add “swimming pools” to the list of Group U occupancies such that the section reads as follows:
312.1 General. Buildings and structures of an accessory character and miscellaneous structures not classified in any specific occupancy shall be constructed, equipped and maintained to conform to the requirements of this code commensurate with the fire and life hazard incidental to their occupancy. Group U shall include, but not be limited to, the following:

Agricultural buildings
Aircraft hangars, accessory to a one- or two-family residence (see Section 412.4 of the California Building Code)
Barns
Carports
Communication equipment structures with a gross floor area of less than 1,500 square feet (139 m2)
Ordinance No. ____

Fences more than 6 feet (1,829 mm) high
Grain silos, accessory to a residential occupancy
Livestock shelters
Private garages
Retaining walls
Sheds
Stables
Tanks
Towers
Swimming pools

15.08.040 Sections 311.4 and 312.4 added—Garage surfaces.

Section 311.4 is added to read as follows:

In areas where motor vehicles are stored or operated, floor surfaces shall be paved with Portland cement concrete with a minimum compressive strength of 2000 psi or approved equal.

Section 312.4 is added to read as follows:

In areas where motor vehicles are stored or operated, floor surfaces shall be paved with Portland cement concrete with a minimum compressive strength of 2000 psi or approved equal.

15.08.050 Section 312.5 added—Barbed wire and other fences.

Section 312.5 is added to read as follows:
312.5. No barbed wire or other sharp, pointed fence or electrically charged wire shall be erected, constructed or maintained.

Exception: The Building Official may permit properties with rear or side property lines abutting a utility right-of-way to install barbed wire with valid justification.

15.08.060 Sections 403.4.8.3 and 403.4.8.4 amended—Smokeproof enclosures.

Sections 403.4.8.3 and 403.4.8.4 of the California Building Code are modified by moving No. 1, Ventilation and automatic fire detection equipment for smokeproof enclosures, from Section 403.4.8.3 Standby Power Loads and placing it in Section 403.4.8.4 Emergency Power Loads. The revised sections are to read as follows:
403.4.8.3 Standby power loads. The following are classified as standby power loads:

1. Elevators;

2. Where elevators are provided in high-rise buildings for accessible means of egress, fire service access or occupant self-evacuation, the standby power system shall also comply with Sections 1009.4, 3007 or 3008, as applicable.

Ordinance No. ____

403.4.8.4 Emergency power loads. The following are classified as emergency power loads:

1. Exit signs and means of egress illumination required by Chapter 10;

2. Elevator car lighting;

3. Emergency voice/alarm communications systems;

4. Automatic fire detection systems;

5. Fire alarm systems;

6. Electrically powered fire pumps;

7. Power and lighting for the fire command center required by Section 403.4.6; and

8. Ventilation and automatic fire detection equipment for smokeproof enclosures.
(Ord. 1080 § 9, 2013; Ord. 1065 § 4, 2010; Ord. 1039, 2008)

15.08.070 Section 502.1 amended—Address identification.

Section 502.1 of the California Building Code shall be amended to read:
502.1 Address Identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke of 0.5 inch (12.7 mm) for single family residential structures; 6 inches (105.4 mm) high for multi-family structures; and 12 inches (304.8 mm) high for commercial structures, suite identifiers shall be a minimum of 5 inches (87.83 mm) high and above suite doors or as approved by the local AHJ. Where access is by means of a private road and the building cannot be viewed from a public way, a monument, pole or other acceptable sign or means shall be used to identify the structure.

All commercial buildings shall maintain an address painted on the roof in contrasting colors that measures 3 feet tall with 9-inch (158.9 mm) minimum strokes. The address numbers shall be underlined in order to clarify the correct reading of the address from the air.

15.08.080 RESERVED

15.08.090 RESERVED

15.08.100 Section 718.3. amended—Draftstopping in floors.

Section 718.3. of the California Building Code is amended by deletion of Exception, add a new exception to read as follows:

Ordinance No. ____

Exception: Where an automatic sprinkler system in accordance with Section 903.3.1.1 is installed, the area between draft stops may be 3,000 square feet (279 m2) and the greatest horizontal dimension may be 100 feet (30,480 mm). (Ord. 1080 § 13, 2013; Ord. 1065 § 4, 2010; Ord. 1039, 2008)

15.08.110 Section 718.4 amended—Draftstopping in attics.

Section 718.4 of the California Building Code is amended by deletion of Exception, add a new exception to read as follows:

Exception: Where an automatic sprinkler system in accordance with Section 903.3.1.1 is installed, the area between draft stops may be 9,000 square feet (836 m2) and the greatest horizontal dimension may be 100 feet (30,480 mm). (Ord. 1080 § 14, 2013; Ord. 1065 § 4, 2010; Ord. 1039, 2008)

15.08.120 Table 1505.1 amended—Roof coverings.

Table 1505.1 is hereby amended, by the deletion of Table 1505.1 and the addition of a new Table 1505.1 thereto, to read as follows:

TABLE 1505.1

MINIMUM ROOF COVERING

CLASSIFICATIONS

TYPES OF CONSTRUCTION

IA IB IIA IIB IIIA IIIB IV VA VB
A A A A A A A A* A*
* Unless approved by the building official where Class B roofing is allowed.

15.08.130 Section 1505.1.2 amended—Roof coverings.

Section 1505.1.2 is hereby amended, by the deletion of the entire section and the addition of a new section thereto, to read as follows:
1505.1.2 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A, unless approved by the building official.

15.08.140 Section 1613.5.3 amended—Building seismic separation.

Section 1613.5.3 is hereby amended read as follows:
1613.5.3 Structural Separation. Modify ASCE 7 Section 12.12.3 Equation 12.12-1 as follows:

Ordinance No. ____

(Equation 12.12-1)

15.08.150 Section 3109.1 amended—Public bodies of water exemption.

Section 3109.1 is amended by adding an exception to read as follows:

Exception: Exemption of public bodies of water. Where bodies of water are located on public land within the City of Pico Rivera, this section need not be complied with where it has been determined by the Building Official that dispensing with any or all of the provisions of this section will adequately protect the public health, safety and welfare.

This section shall not apply to public bodies of water located on land owned, possessed or under control of the State, County, Municipal or other governmental entities or their lessees or assigns.

15.08.160 Section 3901.1.1 added—Prohibited activity.

Section 3901.1.1 is added to read as follows:
3109.4.1.10 Prohibited activity adjacent to pools regulated by this section. Every person in possession of land within the City of Pico Rivera, either as owner, purchaser under contract, or otherwise, fee holder, lessee, tenant, or licensee, adjacent to land coming within the definition of this section upon which there is located a swimming pool, shall not alter, change or increase the level of the underlying ground in possession of said person and adjacent to any fence or structure required under this section so as to place the possessor of said land upon which exists a swimming pool, in violation of this section, without a permit to do so from the Building Official. Said permit shall be subject to provisions of this section.

15.08.170 Section 202 amended—Private pool definition.

Section 202 is amended by deletion of the definition of private pool and adding a new definition as follows::

PRIVATE POOL is any constructed pool or spa, permanent or portable, and over 18 inches deep, which is intended for non-commercial use as a swimming pool by not more than three owner families and their guests.

15.08.180 RESERVED

15.08.190 Section 3109.1.2 added—Pool lighting restriction.

Section 3109.1.2 is added to read as follows:
3109.1.2 Lights. Any lights used to illuminate a swimming pool shall be so arranged and shaded as to reflect light away from any adjoining premises.

Ordinance No. ____

15.08.200 Chapter 36 added—Construction and maintenance of parking areas.

Add new Chapter 36 to read as follows:

CHAPTER 36

CONSTRUCTION AND

MAINTENANCE OF PARKING AREAS
Section 3600
3601. General. The provisions of this Chapter shall apply to the construction and maintenance of all parking areas used or intended to be used for parking of vehicles whether required by Ordinance or not, and including driveways and access to such parking areas.
3602. Definitions. For the purposes of this Chapter, the following definitions apply unless a different meaning is expressly provided elsewhere in this Chapter. 3602.1. Bus is any self-propelled vehicle other than a motor truck or truck tractor, designed for carrying more than nine persons, including the driver, and used or maintained for the transportation of passengers.
3602.2. Motor truck is a self-propelled vehicle designed or maintained primarily for the transportation of property.
3602.3. Parking area is an area or space designed, used or intended to be used for the storage, parking, maintenance, service, driving, repair, display or operation of vehicles and includes areas used or intended to be used for driveway or access to such parking areas from the public right-of-way to such area, but does not include public roads, streets, highways and alleys. Parking area, as herein defined, includes within its definition those areas defined in Section 18.44 of Title 18 of the Pico Rivera Municipal Code pertaining to automobile storage areas and off-street parking spaces as well as the driveway thereof.
3602.4. Passenger vehicle is any self-propelled vehicle other than a motor truck or truck tractor, designed for carrying no more than nine persons including the driver, and used or maintained for the transportation of persons and shall include motor trucks with a gross vehicle rating less than 6,000 pounds.
3602.5. Truck tractor is a self-propelled vehicle designed, used or maintained primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and loads so drawn.
3602.6. Vehicle is a device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.

Ordinance No. ____

3603. Scope. No areas shall be used for the storage, parking, maintenance, service, driving, repair, display or operation of vehicles unless constructed and maintained in accordance with the terms and provisions of this chapter.

Exception: (1) That portion of any land coming within the definitions of parking area in use for such purposes on the effective date of the ordinance enacting this Chapter and which is paved and is being maintained in a safe manner so as not to become a nuisance, may continue in use without meeting the provisions of this Chapter, however, any extension, alteration or reconstruction of such areas in whole or in part shall be subject to the terms and provisions of this Chapter.

Exception: (2) The Public Works Director may authorize temporary parking areas to be used in connection with special events, new construction, or areas to be used for a limited period of time not exceeding six months where construction of permanent facilities in accordance with the standards of this Chapter would be impractical. The Public Works Director may impose requirements for dust control, temporary paving or such other requirements as may be necessary to accomplish the intent of this Chapter, as conditions pursuant to authorization.
3604. Permit required. No person, firm or corporation shall construct, reconstruct, alter, enlarge or pave any parking area without first obtaining a separate paving permit from the Public Works Director.

Exception: (1) No paving permit shall be required for any paving work within or under a building for which a valid building permit has been issued.

Exception: (2) No paving permit shall be required for paving work serving R-3 Occupancies where the areas to be paved do not exceed 1,000 square feet. 3605. Standards. Parking areas shall be constructed in accordance with the standards for public works contracts heretofore adopted by the City Council, and except as otherwise specifically provided in this Chapter. In the event any provision of this Chapter should be inconsistent in whole or in part with said public works standards, the provisions of this Chapter shall govern to that extent. 3606. Paving required.
3606.1. General. All parking areas shall be surfaced with materials approved by the Public Works Director so as to provide a permanent surface capable of withstanding the type of vehicular traffic to which such area is likely to be subjected. 3607. Covered parking areas. Parking areas within or under a building shall be paved with Portland cement concrete with a minimum compressive strength of 2,000 psi or approved equal.
3608. Open parking areas. Parking areas other than those within a building shall be paved as follows;
Ordinance No. ____

3608.1. Areas designed or used for display, operation or parking of motor vehicle shall be paved with Portland Cement concrete, asphaltic concrete or other approved permanent type of paving materials.
3608.2. Areas for parking or storage of vehicles other than motor vehicles and areas where hard-surfaced paving would pose a material hazard to prospective users may be surfaced with an approved less permanent type of surfacing, provided, however, that such surface shall be the equivalent of 1/4" pea gravel, not less than 2" in thickness.

Base or subgrade slopes for temporary parking areas shall be the equivalent of 1/4" pea gravel, not less than 2" in thickness. Base or subgrade slopes for temporary parking areas shall be maintained at not less than 1% slope.
3609. Plans. Plans for parking areas shall be submitted to the Public Works Director for checking. Plans shall show sufficient information to enable the Public Works Director to determine their compliance with this Chapter.

Plans shall be drawn to scale and shall show existing and proposed elevations, materials of construction, details of drainage structures, method of disposal of surface water, drainage provisions for protection and drainage of adjoining properties including any necessary easements, quantities of cut or fill necessary to complete the work and any other information deemed necessary by the Public Works Director. 3610. Fees. Fees for paving permits shall be assessed in accordance with the fee schedule adopted by City Council resolution.
3611. Approvals required.
3611.1. No work shall be done on any parking area beyond the point authorized in each successive inspection without first obtaining the approval of the Public Works Director.

Such approval shall be given only after an inspection shall have been made of each successive step in the construction as indicated by each of the inspections required by Subsection (b).
3611.2. The Public Works Director, upon notification from the permit holder or his agent; shall make the following inspections of parking areas and shall approve that portion of the construction as completed or shall notify the permit holder or his agent wherein the same fails to comply with the law.
3611.2.1. Subgrade Inspection to be made when the site has been cleared and is prepared to receive fill material or aggregate base. When no fill operation is to be done, or the fill is minor in nature, subgrade inspection may be waived by the Public Works Director.
3611.2.2. Base Inspection to be made after base or subgrade has been brought to proper grade and alignment for placing of paving materials and after all required curbing and gutters are in place.

Ordinance No. ____

3611.2.3. Final Inspection to be made when parking area is complete. 3612. Testing. When there is insufficient evidence of compliance with the provisions of this Chapter or evidence that any material or any construction does not conform to the requirements of this Chapter or in order to substantiate claims for alternate materials or methods of construction, the Public Works Director may require tests as proof of compliance to be made at the expense of the owner of his agency by an approved agency.
3613. Thickness. Pavement thickness shall be determined by the type of traffic it is likely to be subject to and the type of soil at the site. Pavement shall have minimum thickness of three inches (3") for passenger vehicle parking areas and a minimum thickness of five inches (5") for motor truck, truck tractor or bus parking areas.

Exceptions: Thickness of asphalt concrete may be reduced to a minimum thickness of two inches (2") for passenger vehicle traffic and three inches (3") for motor truck, truck tractor, or bus traffic provided an approved aggregate base course is constructed under the asphalt pavement. The minimum thickness of such base course shall be four inches (4").
3614. Asphalt concrete pavement. Asphalt concrete pavement shall be of mix Type 1- C 40/50 as set forth in the Standard Specifications for Public Works Construction. 3615. Portland cement pavement. Portland Cement concrete used for curbs and gutters and for paving of parking areas outside of buildings shall have a minimum compressive strength of 2,000 psi.
3616. Preparation of surface to be paved.
3616.1. Preparation of surfaces to be paved shall be performed in accordance with the Standard Specifications for Public Works construction aforementioned. 3616.2. Soil sterilization shall be used in all areas to be paved with asphalt concrete.

Sterilants shall be applied in accordance with manufacturer’s recommendations. 3616.3. Prime Coating: when asphalt concrete pavement is to be placed without providing a base course an asphalt prime coat consisting of SC-70 liquid asphalt shall be applied at a rate of 0.10 and 0.25 gallons per square yard, in accordance with the aforementioned Standard Specifications for Public Works construction, prior to placing of pavement.
3617. Drainage. All paved areas shall be sloped to drain. Finished slopes of areas paved with asphalt concrete shall be not less than one percent (1%). Finish slope of areas paved with Portland Cement concrete shall be not less than one-half percent (1/2%). Where Portland Cement concrete gutters are installed to receive drainage from asphalt concrete paved areas, such gutters shall be not less than three feet (3') in width.

Ordinance No. ____

3618. Storm water disposal. Paved areas shall be designed to carry surface water to the nearest practical street, storm drain, or natural watercourse approved by the Public Works Director. Concentrated flows of water from parking areas shall not flow by gravity over any public property but shall be collected in an appropriate manner within the property confines and conducted under the sidewalk in a manner satisfactory to the Public Works Director.
3619. Maintenance. All parking areas shall be maintained in a safe and sanitary condition and shall be kept in good repair. Any alteration, enlargement, reconstruction, in whole or in part, other than normal maintenance repairs, shall be pursuant to permit and subject to the provisions of this Chapter. The provisions of Section 115 of this code, as amended, shall apply to parking areas and for the purpose “Building” or “Structure” as used therein shall mean “Parking Area.”

15.08.210 Chapter 37 added—Relocation of buildings.

Add new Chapter 37 to read as follows:

CHAPTER 37

RELOCATION OF BUILDINGS
Section 3700
3701. Scope. No person shall move or relocate any building or structure onto any premises until he first posts a surety bond and secures a building permit as hereinafter provided.

Exception. The provisions of this Chapter shall not apply to moving a contractor’s tool house, construction building or similar structure, which is moved as construction requires, onto any premises.
3702. Waiver of bond or permit. Neither a bond nor a deposit need be posted nor made in any case where the Building Official finds that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a house mover or that of moving a building to an adjacent property of the same owner or within the confines of a single parcel and that no such security is necessary in order to assure compliance with the requirements of this Chapter.

The Building Official may waive the requirement of bond or deposit when the owner of the property is a governmental agency.
3703. Application. Every application to the Building Official for a relocation building permit shall be in writing upon a form furnished by the Building Official and shall set forth such information as the Building Official may reasonably require in order to carry out the purpose of this Chapter.

Ordinance No. ____

3704. Investigation required. In order to determine any of the matters presented by the application, the Building Official may require plans, photographs or other substantiating data, and may cause to be made any investigation which he believes is necessary or helpful. After the investigation is completed, if the applicant fails to post the required bond and secure the relocation building permit within sixty (60) days, the application is null and void.
3705. Application fees. In addition to the building permit fee required, the applicant for a relocation building permit shall pay an application and investigation fee, in accordance with the fee schedule adopted by City Council resolution, to the Building Official for inspection of the building as its present location and investigation of the proposed site. 3706. Permit fees. Building permit fees for repairs or alterations to relocated buildings shall be assessed in accordance with the fee schedule adopted by City Council resolution. Valuation for relocated building shall be computed as being not less than seventy-five percent (75%) of the value for new work.
3707. Issuance of permit. If the condition of the building or structure in the judgment of the Building Official admits of practicable and effective repair, he may issue a relocation building permit to the owner of the property where the building or structure is to be relocated, upon conditions as hereinafter provided; otherwise, the permit shall be denied.
3708. Condition of permit. The Building Official, in granting any relocation building permit, may impose thereon such terms and conditions as he may deem reasonable and proper. These terms may include, but are not limited to, the period of time required to complete all work; the requirements of changes, alterations, additions or repairs to be made to or upon the building or structure to the end that such building or structure will comply with all requirements of this Code and all other applicable laws and ordinances. 3709. Definitions. Approved surety is a surety company which: (1) is authorized to do business in the State of California; (2) has fulfilled all legal obligations pertaining to dealings involving the City of Pico Rivera Building Laws upon demand of the Building Official; (3) has been approved by the Building Official as a qualified surety company. 3710. Bond required. The Building Official shall not issue a relocation building permit unless the owner first posts with the Building Official a bond executed by said owner, as principal, and by an approved surety company authorized to do business in this State, as surety, or deposits a cash bond as hereafter provided. 3711. Bond requirements. The surety bond required by this chapter shall:
(a) Be in form joint and several.
(b) Name the City of Pico Rivera as obligee.
(c) Be in an amount equal to the estimated costs, plus 10% of the work required to be done in order to comply with all the conditions of the relocation Ordinance No. ____

building permit, such amount to be estimated by the Building Official, but in no case shall said bond be less than $10,000.00.
(d) State therein the legal description or address of the property upon which the building or structure is to be relocated.
3712. Bond conditions. The surety bond shall provide that:

1. All work required to be done pursuant to the conditions of the relocation building permit shall be performed and completed within the time period as set by the Building Official.

2. The time limit specified may be extended for good and sufficient cause after written request of the Principal and Surety, either before or after said time limit has expired. The Building Official shall notify the Principal and Surety in writing of such time extension and may extend the time limit without consent of the surety.

3. The term of such bond posted pursuant to this section shall begin upon the date of the posting thereof and shall end upon the completion to the satisfaction of the Building Official of the performance of all the terms and conditions of the relocation building permit.

4. The Building Official, the Surety or duly authorized representative of either shall have access to the premises described in the relocation building permit for the purpose of inspecting the progress of the work.

5. Upon default by the Principal, the Surety shall be required to perform all conditions set forth in the relocation permit and have the right of entry to the premises to perform such conditions.

6. In the event of any default in the performance of any term or conditions of the relocation building permit, the Surety or any person employed or engaged on its behalf, may go upon the premises to complete the required work to remove or demolish the building or structure, and clear, clean and restore the site.

7. The relocation building permit shall be null and void if the building or structure is not relocated to the proposed site within sixty (60) days after issuance of the permit.
3713. Notice of default. Whenever the Principal on the bond defaults in the performance of the conditions required by the relocation building permit, the Building Official shall give notice in writing to the Principal and the Surety on the bond. 3714. Details of notice. The Building Official in the notice of default shall state the conditions of the bond which have not been complied with and the period of time deemed by him to be reasonably necessary for the completion of such work. 3715. Surety requirements. After a receipt of a notice of default, the Surety, within the time therein specified shall cause the required work to be performed. 3716. Option of demolition. When any default has occurred on the part of the Principal under the provisions of this Chapter, the Surety, as its option, in lieu of completing the Ordinance No. ____

work required may remove or demolish the building or structure and clear, clean and restore the site.
3717. Default of cash bond. If a cash bond has been posted the Building Official shall give notice of default, as provided above, to the Principal and if compliance is not met within the time specified, the Building Official shall proceed without delay and without further notice or proceeding whatever, to use the cash deposit or any portion of said deposit to cause the required work to be done by contract or otherwise at his discretion.

The balance, if any, of such cash deposit, upon the completion of the work, shall be returned to the depositor or to his successors or assigns after deducting the cost of the work plus 10 percent (10%) thereof.
3718. Return of cash bond. When a cash bond has been posted, and all requirements of relocation building permit have been completed, the Building Official shall return the cash to the depositor or to his successors or assigns except any portion thereof that may have been used or deducted as provided elsewhere in this Chapter. 3719 Right of entry penalties. The owner, his representatives, successor or assigns or any other person who interferes with or obstructs the ingress or egress to or from any such premises, of any authorized representative or agent of any surety of the City of Pico Rivera engaged in the work of completing, demolishing or removing any building or structure for which a relocation building permit has been issued, after a default has occurred in the performance of the terms or conditions thereof, is guilty of a misdemeanor.
3720. Denial or relocation permit. No permit shall be granted hereunder when it has been determined that to move or relocate said building, house, garage or structure would be detrimental to the public peace, health, safety and welfare in that the building is so constructed as to be in a dangerous condition or is infested with pests or is unsanitary or is not fit for human habitation or is so dilapidated, defective or unsightly or in such a condition that its location at the proposed site would cause appreciable harm to or be materially detrimental to the property or improvement within the immediate neighborhood.

15.08.220 Chapter 38 added—Grading and excavation.

Add new Chapter 38 to read as follows:

CHAPTER 38

GRADING AND EXCAVATIONS
SECTION 3800
3801. Purpose. The purpose of this appendix is to safeguard life, limb, property and the public welfare by regulating grading on private property.

Ordinance No. ____

3805. Scope. This appendix sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading construction, including private streets and all utilities therein.

The standards listed below are recognized standards.

1. Testing.

1.1 ASTM D 1557, Moisture-density Relations of Soils and Soil Aggregate Mixtures

1.2 ASTM D 1556, In Place Density of Soils by the Sand Cone Method

1.3 ASTM D 2167, In Place Density of Soils by the Rubber Balloon Method

1.4 ASTM D 2937, In Place Density of Soils by the Drive Cylinder Method

1.5 ASTM D 2922 and D 3017, In Place Moisture Contact and Density of Soils by Nuclear Methods
The following California section replaces the corresponding model code section for applications specified by law for the Department of Housing and Community Development and the Office of Statewide Health Planning and Development. 3805a. Scope [For HCD 1, OSHPD 1&2]. This chapter sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments, and provides for approval of plans and inspection of grading construction.

SECTION 3806. PERMITS REQUIRED
3806.1 Permits Required. Except as specified in Section 3806.2 of this section, no person shall do any grading without first having obtained a grading permit from the Public Works Director.
3806.2 Exempted Work. A grading permit is not required for the following:

1. When approved by the Public Works Director, grading in an isolated, selfcontained area if there is no danger to private or public property.

2. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit.

This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1,524 mm) after the completion of such structure.

3. Cemetery graves.

4. Refuse disposal sites controlled by other regulations.

5. Excavations for wells or tunnels or utilities.

6. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided Ordinance No. ____

such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.

7. Exploratory excavations under the direction of soil engineers or engineering geologists.

8. An excavation that does not exceed 50 cubic yards (38.3 m3) on any one lot and does not obstruct a drainage course and (1) is less than 1 foot (305 mm) in depth or (2) does not create a cut slope greater than 3 feet (915 mm) in height and steeper than 1 unit vertical in 2 units horizontal (30% slope).

9. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 3 feet (914 mm) in depth, not intended to support structures, that does not exceed 50 cubic yards (38.3 m3) on any one lot and does not obstruct a drainage course.

Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of this jurisdiction.

SECTION 3807. HAZARDS. Whenever the Public Works Director determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Public Works Director, shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this code.

SECTION 3808. DEFINITIONS. For the purposes of this appendix, the definitions listed hereunder shall be construed as specified in this section.

APPROVAL shall mean that the proposed work or completed work conforms to this chapter in the opinion of the Public Works Director.

AS GRADED is the extent of surface conditions on completion of grading.

BEDROCK is in-place solid rock.

BENCH is a relatively level step excavated into earth material on which fill is to be placed.

BORROW is earth material acquired from an off-site location for use in grading on a site.

CIVIL ENGINEER is a professional engineer registered in the state to practice in the field of civil works.

Ordinance No. ____

CIVIL ENGINEERING is the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works.

COMPACTION is the densification of a fill by mechanical means.

EARTH MATERIAL is any rock, natural soil or fill or any combination thereof.

ENGINEERING GEOLOGIST is a geologist experienced and knowledgeable in engineering geology.

ENGINEERING GEOLOGY is the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

EROSION is the wearing away of the ground surface as a result of the movement of wind, water or ice.

EXCAVATION is the mechanical removal of earth material.

FILL is a deposit of earth material placed by artificial means.

GEOTECHNICAL ENGINEER. See soils engineer.

GRADE is the vertical location of the ground surface.

Existing Grade is the grade prior to grading.

Finish Grade is the final grade of the site that conforms to the approved plan.

Rough Grade is the stage at which the grade approximately conforms to the approved plan.

GRADING is any excavating or filling or combination thereof.

KEY is a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.

PROFESSIONAL INSPECTION is the inspection required by this code to be performed by the civil engineer, soils engineer or engineering geologist. Such inspections include that performed by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relating to the conduct of the work.

SITE is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

Ordinance No. ____

SLOPE is an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

SOIL is naturally occurring superficial deposits overlying bedrock.

SOILS ENGINEER (GEOTECHNICAL ENGINEER) is an engineer experienced and knowledgeable in the practice of soils engineering (geotechnical) engineering.

SOILS ENGINEERING (GEOTECHNICAL ENGINEERING) is the application of the principles of soils mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection or testing of the construction thereof.

TERRACE is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.

SECTION 3809. GRADING PERMIT REQUIREMENTS
3809.1 Permits Required. Except as exempted in Section 3806 of this code, no person shall do any grading without first obtaining a grading permit from the Public Works Director. A separate permit shall be obtained for each site, and may cover both excavations and fills.
3809.2 Application. The provisions of Section 106.3.1 are applicable to grading.

Additionally, the application shall state the estimated quantities of work involved. 3809.3 Grading Designation. Grading in excess of 2,500 cubic yards (1,911 m3), grading and earthworks construction supporting a major structure as determined by the Public Works Director and grading on known or established flood hazard and/or environmentally sensitive areas, shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as “engineered grading.” Grading involving less than 500 cubic yards (1,911 m3) shall be designated “regular grading” unless the permittee chooses to have the grading performed as engineered grading, or the Public Works Director determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading. Regular grading plans shall be prepared and signed by an individual licensed by the state to prepare such plans or specifications unless exempted by the Public Works Director.
3809.4 Engineered Grading Requirements. Application for a grading permit shall be accompanied by two sets of plans and specifications and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications shall be prepared and signed by an individual licensed by the state to prepare such plans or specifications when required by the Public Works Director.

Specifications shall contain information covering construction and material requirements. Plans shall be drawn to scale upon substantial paper or cloth and shall be Ordinance No. ____

of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall give location of the work, the name and address of the owner, and the person by whom they were prepared.

The plans shall include the following information:

1. General vicinity of the proposed site.

2. Property limits and accurate contours of existing ground and details of terrain and area drainage.

3. Limiting dimensions, elevations, or finish contours to be achieved by the grading, and proposed drainage channels and related construction.

4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains.

5. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners that are within 15 feet (4,572 mm) of the property or that may be affected by the proposed grading operations.

6. Recommendations included in the soils engineering report and the engineering geology report shall be incorporated in the grading plans or specifications. When approved by the Public Works Director, specific recommendations contained in the soils engineering report and the engineering geology report which are applicable to grading, may be included by reference.

7. The dates of the soils engineering and engineering geology reports together with the names, addresses and phone numbers of the firms or individuals who prepared the reports.
3809.5 Soils Engineering Report. The soils engineering report required by Section 3809.4 shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes. 3809.6 Engineering Geology Report. The engineering geology report required by Section 3809.4 shall include an adequate description of the geology of the site, conclusions, and recommendations regarding the effect of geologic conditions on the proposed development, and opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geologic factors. 3809.7 Liquefaction Study. The Public Works Director may require a geotechnical investigation in accordance with Section 1803A when, during the course of an investigation, all of the following conditions are discovered, the report shall address the potential for liquefaction:

Ordinance No. ____

1. Shallow ground water, 50 feet (15,240 mm) or less.

2. Unconsolidated sandy alluvium.

3. Seismic Zones C through F.
3809.8 Regular Grading Requirements. Each application for a grading permit shall be accompanied by a plan in sufficient clarity to indicate the nature and extent of the work.

The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plan. The plan shall include the following information:

1. General vicinity of the proposed site.

2. Limiting dimensions and depth of cut and fill.

3. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet (4,572 mm) of the proposed grading.
3809.9 Issuance. The provisions of Section 106.4 are applicable to grading permits.

The Public Works Director may require that grading operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued.

The Public Works Director may require professional inspection and testing by the soils engineer. When the Public Works Director has cause to believe that geologic factors may be involved, the grading will be required to conform to engineered grading.

SECTION 3810. GRADING FEES
3810.1. General. Fees shall be addressed in accordance with the provisions of this section.
3810.2. Plan review fees and expiration. When a plan or other data is required by the Public Works Director to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Fee shall be assessed in accordance with the fee schedule adopted by City Council resolution. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Public Works Director. The Public Works Director may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.
3810.3. Grading permit fees. A fee for each grading permit shall be paid to the Public Works Director. Fee shall be assessed in accordance with the fee schedule adopted by City Council resolution. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains as similar facilities.

Ordinance No. ____

3810.4. Investigation fees, work without a permit. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. An investigation fee in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. This fee shall be assessed in accordance with the fee schedule adopted by City Council resolution. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code nor from any penalties prescribed by law.
3810.5. Refunds. Refunds shall be paid in accordance with the refund schedule adopted by City Council.

SECTION 3811. BONDS. The Public Works Director may require bonds in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions.

In lieu of a surety bonds the applicant may file a cash bond or instrument of credit with the Public Works Director in an amount equal to that which would be required in the surety bond.

SECTION 3812. CUTS
3812.1 General. Unless otherwise recommended in the approved soils engineering or engineering geology report, cuts shall conform to the provisions of this section.

In the absence of an approved soils engineering report, these provisions may be waived for minor cuts not intended to support structures.
3812.2 Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than 1 unit vertical in 2 units horizontal (50% slope) unless the permittee furnishes an acceptable soils engineering or an engineering geology report, or both, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property.

SECTION 3813. FILLS
3813.1 General. Unless otherwise recommended in the approved soils engineering report, fills shall conform to the provisions of this section.

In the absence of an approved soils engineering report, these provisions may be waived for minor fills not intended to support structures.
3813.2 Preparation of Ground. Fill slopes shall not be constructed on natural slopes steeper than 1 unit vertical in 2 units horizontal (50% slope). The ground surface shall be prepared to receive fill by removing vegetation, non-complying fill, topsoil and other unsuitable materials scarifying to provide a bond with the new fill and, where slopes are Ordinance No. ____

steeper than 1 unit vertical in 5 units horizontal (20% slope) and the height is greater than 5 feet (1,524 mm), by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than 1 unit vertical in 5 units horizontal (20% slope) shall be at least 10 feet (3,048 mm) wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench under the toe of fill shall be at least 10 feet (3,048 mm) wide but the cut shall be made before placing the fill and acceptance by the soils engineer or engineering geologist or both as a suitable foundation for fill.
3813.3 Fill Material. Detrimental amounts of organic material shall not be permitted in fills. Except as permitted by the Public Works Director, no rock or similar irreducible material with a maximum dimension greater than 12 inches (305 mm) shall be buried or placed in fills.

Exception: The Public Works Director may permit placement of larger rock when the soils engineer properly devises a method of placement, and continuously inspects its placement and approves the fill stability. The following conditions shall also apply:

1. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan.

2. Rock sizes greater than 12 inches (305 mm) in maximum dimension shall be 10 feet (3,048 mm) or more below grade, measured vertically.

3. Rocks shall be placed so as to assure filling of all voids with well-graded soil.
3813.4 Compaction. All fills shall be compacted to a minimum of 90 percent of maximum density.
3813.5 Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than 1 unit vertical in 2 units horizontal (50% slope).

SECTION 3814. SETBACKS
3814.1 General. Cut and fill slopes shall be set back from site boundaries in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the site boundary. Setback dimensions shall be as shown in Figure A-38-1.
3814.2 Top of Cut Slope. The top of cut slopes shall not be made nearer to a site boundary line than one fifth of the vertical height of cut with a minimum of 2 feet (610 mm) and need not exceed a maximum of 10 feet (3,048 mm). The setback may need to be increased for any required interceptor drains.
3814.3 Toe of Fill Slope. The toe of fill slope shall be made not nearer to the site boundary line than one half the height of the slope with a minimum of 2 feet (610 mm) Ordinance No. ____

and need not exceed a maximum of 20 feet (6,096 mm). Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed, special precautions shall be incorporated in the work as the Public Works Director deems necessary to protect the adjoining property from damage as a result of such grading.

These precautions may include but are not limited to:

1. Additional setbacks.

2. Provision for retaining or slough walls.

3. Mechanical or chemical treatment of the fill slope surface to minimize erosion.

4. Provisions for the control of surface waters.
3814.4 Modification of Slope Location. The Public Works Director may approve alternate setbacks. The Public Works Director may require an investigation and recommendation by a qualified engineer or engineering geologist to demonstrate that the intent of this section has been satisfied.

SECTION 3815. DRAINAGE AND TERRACING
3815.1 General. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this section for cut or fill slopes steeper than 1 unit vertical in 3 units horizontal (33.3% slope). 3815.2 Terrace. Terraces at least 6 feet (1,829 mm) in width shall be established at not more than 30-foot (9,144 mm) vertical intervals on all cut or fill slopes to control surface drainage and debris except that where only one terrace is required, it shall be at midheight. For cut or fill slopes greater than 60 feet (18,288 mm) and up to 120 feet (36,576 mm) in vertical height, one terrace at approximately mid-height shall be 12 feet (3,658 mm) in width.

Terrace widths and spacing for cut and fill slopes greater than 120 feet (36,576 mm) in height shall be designed by the civil engineer and approved by the Public Works Director. Suitable access shall be provided to permit proper cleaning and maintenance.

Swales or ditches on terraces shall have a minimum gradient of 5 percent and must be paved with reinforced concrete not less than 3 inches (76 mm) in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of 1 foot (305 mm) and a minimum paved width of 5 feet (1,524 mm).

A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (1,254.2 m2) (projected) without discharging into a down drain. 3815.3 Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.
3815.4 Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the Public Works Director or other appropriate Ordinance No. ____

jurisdiction as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices.

Building pads shall have a drainage gradient of 2 percent toward approved drainage facilities, unless waived by the Public Works Director.

Exception: The gradient from the building pad may be 1 percent if all of the following conditions exist throughout the permit area:

1. No proposed fills are greater than 10 feet (3,048 mm) in maximum depth.

2. No proposed finish cut or fill slope faces have a vertical height in excess of 10 feet (3,048 mm).

3. No existing slope faces steeper than 1 unit vertical in 10 units horizontal (10% slope) have a vertical height in excess of 10 feet (3,048 mm). 3815.5 Interceptor Drains. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes toward the cut and has a drainage path greater than 40 feet (12,192 mm) measured horizontally. Interceptor drains shall be paved with a minimum of 3 inches (76 mm) of concrete or gunite and reinforced. They shall have a minimum depth of 12 inches (305 mm) and a minimum paved width of 30 inches (762 mm) measured horizontally across the drain. The slope of drain shall be approved by the Public Works Director.

SECTION 3816. EROSION CONTROL
3816.1 Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval.

Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted.
3816.2 Other Devices. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety.

SECTION 3817. GRADING INSPECTION
3817.1 General. Grading operations for which a permit is required shall be subject to inspection by the Public Works Director.

Professional inspection of grading operations shall be provided by the civil engineer, soils engineer, and the engineering geologist retained to provide such services in accordance with Section 3817.5 for engineered grading and as required by the Public Works Director for regular grading.
3817.2 Civil Engineer. The civil engineer shall provide professional inspection within such engineer’s area of technical specialty, which shall consist of observation and Ordinance No. ____

review as to the establishment of line, grade, and surface drainage of the development area. If revised plans are required during the course of the work, they shall be prepared by the civil engineer.
3817.3 Soils Engineer. The soils engineer shall provide professional inspection within such engineer’s area of technical specialty, which shall include observation during grading and testing for required compaction. The soils engineer shall provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this chapter. Revised recommendations relating to conditions differing from the approved soils engineering and engineering geology reports shall be submitted to the permittee, the Public Works Director and the civil engineer.
3817.4 Engineering Geologist. The engineering geologist shall provide professional inspection within such engineer’s area of technical specialty, which shall include professional inspection of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved engineering geology report shall be submitted to the soils engineer.
3817.5 Permittee. The permittee shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this code, and the permittee shall engage consultants, if required, to provide professional inspections on a timely basis. The permittee shall act as a coordinator between the consultants, the contractor and the Public Works Director. In the event of changed conditions, the permittee shall be responsible for informing the Public Works Director of such change and shall provide revised plans for approval. 3817.6 Public Works Director. The Public Works Director shall inspect the project at the various stages of work requiring approval to determine that adequate control is being exercised by the professional consultants.
3817.7 Notification of Noncompliance. If, in the course of fulfilling their respective duties under this chapter, the civil engineer, the soils engineer or the engineering geologist finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the permittee and to the Public Works Director.
3817.8 Transfer of Responsibility. If the civil engineer, the soils engineer, or the engineering geologist of record is changed during grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility within the area of technical competence for approval upon completion of the work. It shall be the duty of the permittee to notify the Public Works Director in writing of such change prior to the recommencement of such grading.

SECTION 3818. COMPLETION OF WORK
Ordinance No. ____

3818.1 Final Reports. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are required for engineered grading or when professional inspection is performed for regular grading, as applicable.

1. An as-built grading plan prepared by the civil engineer retained to provide such services in accordance with Section 3817.5 showing original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities and of the outlets of subsurface drains. As-constructed locations, elevations and details of subsurface drains shall be shown as reported by the soils engineer.

Civil engineers shall state that to the best of their knowledge the work within their area of responsibility was done in accordance with the final approved grading plan.

2. A report prepared by the soils engineer retained to provide such services in accordance with Section 3817.3, including locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the approved soils engineering investigation report. Soils engineers shall submit a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soils engineering report and applicable provisions of this chapter.

3. A report prepared by the engineering geologist retained to provide such services in accordance with Section 3817.5, including a final description of the geology of the site and any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. Engineering geologists shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved engineering geologist report and applicable provisions of this chapter.

4. The grading contractor shall submit in a form prescribed by the Public Works Director a statement of conformance to said as-built plan and the specifications.
3818.2 Notification of Completion. The permittee shall notify the Public Works Director when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion-control measures have been completed in accordance with the final approved grading plan, and the required reports have been submitted.

Ordinance No. ____

Figure A-38-1 Drainage and Setback Dimensions

15.08.230 Appendix I, Section 1101.1 amended—Patio enclosures.

Section 1101.1 of Appendix I is deleted in its entirety and a new section is added to read as follows:
1101.1 General. Patio covers shall be permitted to be detached from or attached to dwelling units. Patio covers shall be used only for recreational, outdoor living purposes and not as carports, garages, storage rooms or habitable rooms. Openings shall be permitted to be enclosed with insect screening, readily removable approved translucent or transparent plastic not more than 0.125 inch (3.2 mm) in thickness or readily removable glass conforming to the provisions of Chapter 24. Dual glazed windows are not permitted to be installed in patio cover enclosures constructed under the provisions of this appendix.

SECTION 5. Chapter 15.10 of Title 15 of the Pico Rivera Municipal Code is hereby repealed in its entirety, and a new Chapter 15.10 of Title 15 is hereby added in place thereof to read as follows:

Chapter 15.10 Residential Code

15.10.010 Adoption.

15.10.020 Chapter 1, Division II, Section R102.1 amended.

15.10.030 Chapter 1, Division II, Sections R105.2 and R105.3.2 amended.

15.10.040 Chapter 1, Division II, Section R108.5 amended.

15.10.050 Chapter 1, Division II, Section R108.6 amended.

15.10.060 Chapter 2, Section R202 amended.

15.10.070 RESERVED

15.10.080 Chapter 4, Section R403.1.3.6 amended.

15.10.090 Chapter 9, Sections R902.1 and R908.3.1 amended.

15.10.100 RESERVED

15.10.110 RESERVED
Ordinance No. ____

15.10.010 Adoption.

The 2022 California Residential Standards Code, Part 2.5, including Appendix H, Appendix K, and Appendix AX, known as the California Residential Code, as published and adopted by the California Building Standards Commission, including amendments, is hereby adopted by reference and incorporated herein as if fully set forth.

15.10.020 Chapter 1, Division II, Section R102.1 amended.

Section R102.1 is amended to read:

R102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where in any specific case different sections of the code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where in any specific case the California Residential Code does not have a provision that is included in the California Building Code that would be applicable due to the type or method or construction, the California Building Code provisions will apply.

15.10.030 Chapter 1, Division II, Sections R105.2 and R105.3.2 amended.

Section R105.2, Item No. 7, is amended to read:

7. Swimming pools that are less than 18 inches deep.

Section R105.3.2 is amended to read:

R105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned one hundred eighty days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not to exceed 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.

15.10.040 Chapter 1, Division II, Section R108.5 amended.

Section R108.5 is amended to read:

R108.5 Refunds. Refunds for permit when no work has commenced shall be limited to the permit cost minus a fee equal to all services provided including refund processing.

15.10.050 Chapter 1, Division II, Section R108.6 amended.

Section R108.6 is amended to read:

R108.6 Work commencing before permit issuance. Any person who commences work that requires a permit on a building, electrical, mechanical, or plumbing system before obtaining the necessary permits shall be subject to the cost of the required Ordinance No. ____

permit plus an investigation fee or a fee equal to the expenditures for the complaint investigation, whichever is greater at the discretion of the building official.

15.10.060 Chapter 2, Section R202 amended.

Section R202 is amended to add this definition:

R202 Reconstruction. If the value of reconstruction (or renovation) of a building is equal to or exceeds 50 percent of the value of the building immediately prior to such reconstruction, the entire building shall comply with the code provisions for new construction. The value of reconstruction (or renovation) for a property shall include the value of all construction stemming from construction related permits issued within the last two years. The Value shall be determined by using the city adopted building valuation table.

15.10.070 RESERVED

15.10.080 Chapter 4, Section R403.1.3.6 amended.

Section R403.1.3.6 is amended to read:

R403.1.3.6 Isolated concrete footings. In detached one- and two- family dwellings that are three stories or less in height and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are not permitted.

15.10.090 Chapter 9, Sections R902.1 and R908.3.1 amended.

Section R902.1 is amended to read:

R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this section. Class A or B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.

Exceptions:

1. Class A roof assemblies include those with coverings of brick, masonry, and exposed concrete roof deck.

2. Class A roof assemblies also include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible decks.

Wood roof coverings are prohibited with the following exception:

Re-roofing of less than 10% or the total roof area of existing wood roof covering in four years may be done with fire-retardant shakes or shingles.

Section R908.3.1 of the California Residential Code is amended by deletion of Exception 3.

Ordinance No. ____

15.10.100 RESERVED

15.10.110 RESERVED
SECTION 6. Chapter 15.20 of Title 15 of the Pico Rivera Municipal Code is hereby repealed in its entirety.

SECTION 7. Chapter 15.24 of Title 15 of the Pico Rivera Municipal Code is hereby modified as delineated:

Chapter 15.24 Mechanical Code

15.24.010 Document adopted by reference.

15.24.020 Chapter 1—General code provisions.

15.24.010 Document adopted by reference.

A. The city council of the city of Pico Rivera hereby adopts the 2022 Edition of the California Mechanical Code based on the 2021 Edition of the Uniform Mechanical Code, as published by the International Association of Plumbing and Mechanical Officials, as Chapter 15.24 of Title 15 of this code, except such portions as are deleted, modified, or amended as set forth in this chapter. Said code is adopted and incorporated as if fully set forth herein.

B. The purpose of this code is to prescribe regulations for the protection of the public health and safety and to establish minimum regulations for the installation, alteration, design, construction, quality of materials, location, operation, and maintenance of heating, ventilating, comfort cooling, refrigeration systems, incinerators and other miscellaneous heat-producing appliances within the city.

State law references: Adoption by reference, Government Code Section 50022.1 et seq.

15.24.020 Chapter 1—General code provisions.

Chapter 1 of the 2019 California Mechanical Code is hereby deleted and replaced by the following:
101 Administrative Provisions. For administrative provisions for this code, see Section 15.08.020.

SECTION 8. Chapter 15.28 of Title 15 of the Pico Rivera Municipal Code is hereby modified as delineated:

Chapter 15.28 Electrical Code

15.28.010 Document adopted by reference.

15.28.020 Article 89—General code provisions.

Ordinance No. ____

15.28.030 Article 310.2(B) amended.

15.28.040 Article 310 amended.

15.28.010 Document adopted by reference.

The California Electrical Code, 2022 Edition, is hereby adopted as Chapter 15.28 of Title 15 of this code, with amendments and additions as set forth in this chapter.

A. The city council of the city of Pico Rivera hereby adopts the 2022 Edition of the California Electrical Code based on the 2020 Edition of the National Electrical Code, as published by the National Fire Protection Association, as Chapter 15.28 of Title 15 of this code, except such portions as are deleted, modified, or amended as set forth in this chapter. Said code is adopted and incorporated as if fully set forth herein.

B. The purpose of the code is to prescribe regulations for the installation, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures and other electrical appliances on premises within the city.

State law references: Adoption by reference, Government Code Section 50022.1 et seq.

15.28.020 Article 89—General code provisions.

Article 89 of the 2019 California Electrical Code is hereby deleted and replaced by the following:

Article 89 Administrative Provisions. For administrative provisions for this code, see Section 15.08.020.

15.28.030 Article 310.10 amended.

Article 310.10 is hereby amended, by the addition of a second paragraph, to read as follows:

Copper wire shall be used for wiring No. 6 and smaller in all installations. Consideration for use of aluminum wiring can be made by the Building Official for feeder lines only on an individual basis where adequate safety measures can be ensured. (Ord. 1065 § 4, 2010; Ord. 1039, 2008)

15.28.040 Article 310 amended.

Article 310 is amended, by addition of a new Article 310.22, to read as follows:
310.22 Continuous inspection of aluminum wiring. Aluminum conductors of No. six (6) or smaller used for branch circuits shall require continuous inspection by an independent testing agency approved by the Building Official for proper torqueing of connections at their termination point. (Ord. 1039, 2008) Ordinance No. ____

SECTION 9. Chapter 15.32 of Title 15 of the Pico Rivera Municipal Code is hereby modified as delineated:

Chapter 15.32 Plumbing Code

15.32.010 Document adopted by reference.

15.32.020 Chapter 1—General code provisions.

15.32.010 Document adopted by reference.

A. The city council of the city of Pico Rivera hereby adopts the 2022 Edition of the California Plumbing Code based on the 2021 Edition of the Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials, as Chapter 15.32 of Title 15 of this code, except such portions as are deleted, modified, or amended as set forth in this chapter. Said code is adopted and incorporated as if fully set forth herein.

B. The purpose of this code is to prescribe regulations for the protection of the public health and safety and to establish minimum regulations for the erection, installation, alteration, repair, relocation, replacement, maintenance, or use of plumbing systems within the city.

State law references: Adoption by reference, Government Code Section 50022.1 et seq.

15.32.020 Chapter 1—General code provisions.

Chapter 1 of the 2022 California Plumbing Code is hereby deleted and replaced by the following:
101 Administrative Provisions. For administrative provisions for this code, see Section 15.08.020.

SECTION 10. Chapter 15.34 of Title 15 of the Pico Rivera Municipal Code is hereby modified as delineated:

Chapter 15.34 Green Building Standards Code

15.34.010 Adoption.

15.34.010 Adoption.

The 2022 California Building Standards Code, Part 11, California Green Building Standards Code, as published and adopted by the California Building Standards Commission, is adopted by reference and incorporated as if fully set forth in this chapter.

Ordinance No. ____

SECTION 11. Chapter 15.35 of Title 15 of the Pico Rivera Municipal Code is hereby modified as delineated:

Chapter 15.35 Energy Code

15.35.010 Adoption.

15.35.010 Adoption.

The 2022 California Building Standards Code, Part 6, California Energy Code, as published and adopted by the California Building Standards Commission, is adopted by reference and incorporated herein as if fully set forth in this chapter.

SECTION 12. Chapter 15.36 of Title 15 of the Pico Rivera Municipal Code is hereby repealed in its entirety.

SECTION 13. Chapter 15.37 of Title 15 of the Pico Rivera Municipal Code is hereby modified as delineated:

Chapter 15.37 Historical Building Code

15.37.010 Adoption.

15.37.010 Adoption.

The 2022 California Building Standards Code, Part 8, California Historical Building Code, as published and adopted by the California Building Standards Commission, is adopted by reference, and incorporated herein as if fully set forth in this chapter.

SECTION 14. Chapter 15.38 of Title 15 of the Pico Rivera Municipal Code is hereby modified as delineated:

Chapter 15.38 Existing Building Code

15.38.010 Document adopted by reference.

15.38.020 Chapter 1—General code provisions.

15.38.010 Document adopted by reference.

A. The City Council of the City of Pico Rivera hereby adopts the 2022 Edition of the California Existing Building Code based on the 2021 Edition of the International Existing Building Code, as published by the International Code Council, as Chapter 15.38 of Title 15 of this code, except such portions as are deleted, modified, or amended as set forth in this chapter. Said code is adopted and incorporated as if fully set forth herein.

B. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of Ordinance No. ____