*Commissioners receive a $30.00 stipend per each meeting held and attended. .
Tuesday, February 14, 2023
Regular Meeting 6:00 p.m.
Council Chamber
Next Resolution No. 7253
Next Ordinance No. 1169
Next Agreement No. 23-2158
Successor Agency to PRRA
Next Resolution No. SA-23-26
Next Ordinance No. SA-01
Next Agreement No. S23-006
Housing Assistance Agency
Next Resolution No. HA-105
Next Ordinance No. HA-16
Water Authority
Next Resolution No. 23-36
Next Ordinance No. 23-01
Next Agreement No. 23-70
Public Financing Authority
Next Resolution No. PFA-23-13
ROLL CALL:
Mayor/Chairman/President:
Erik Lutz
Mayor Pro Tempore/Vice Chairman/Vice President:
Andrew C. Lara
Councilmembers/Directors/Commissioners:
Gustavo V. Camacho
John R. Garcia
Dr. Monica Sanchez
CERTAIN PROVISIONS OF THE BROWN ACT ARE TEMPORARILY WAIVED PURSUANT TO GOVERNOR NEWSOM’S EXECUTIVE ORDER N-25-20, N-29-20 AND AB 361. CITY COUNCIL MEETINGS CAN BE ATTENDED IN PERSON OR VIEWED LIVE ON CTV3 AND THE CITY’S WEBSITE AT WWW.PICO-RIVERA.ORG. IF YOU WISH TO SUBMIT A
PUBLIC COMMENT CARD ON ANY OF THE LISTED AGENDA ITEMS OR NON-AGENDA ITEMS, YOU MAY DO SO IN ADVANCE BY EMAIL TO THE CITY CLERK’S OFFICE AT [email protected]. PLEASE PROVIDE YOUR FULL NAME AND SUBJECT. PUBLIC CORRESPONDENCE SUBMITTED ELECTRONICALLY VIA EMAIL WILL BE PROVIDED TO THE CITY COUNCIL, BUT NOT READ ALOUD AT THE MEETING.
YOU MAY ALSO ATTEND THE MEETING THROUGH A COMPUTER OR TELEPHONE. (IF YOU PLAN TO SPEAK DURING PUBLIC COMMENT, PLEASE JOIN VIA ZOOM OR DIAL IN VIA TELEPHONE 30 MINUTES PRIOR TO THE START OF THE MEETING @ 6:00 p.m.). NO NEW CALLS OR REGISTRATION WILL BE TAKEN IF NOT REGISTERED BY THE REQUIRED TIME.
REGISTRATION IN ADVANCE FOR THIS MEETING IS REQUIRED. After registering, you will receive a confirmation email containing information about joining the meeting.
TO JOIN BY COMPUTER PLEASE USE THE INFORMATION BELOW:
https://us06web.zoom.us/meeting/register/tZAqd-qspzwqGNe_9T0PcCONflIfbF_0FkRx HOW TO PARTICIPATE DURING THE MEETING: Members of the public are encouraged to participate under PUBLIC COMMENTS on any agenda and non-agenda items of interest during the PUBLIC COMMENTS period. When called upon to speak please state your name for the record.
Meeting jointly and regularly with the Pico Rivera Successor Agency to the Pico Rivera Redevelopment Agency (as needed); Pico Rivera *Housing Assistance Agency (as needed); Pico Rivera Water Authority (as needed); and Public Financing Authority (as needed) 02-14-2023 Agenda City Council
Members of the public desiring to participate in the virtual City Council meeting are invited and welcome to do so. Please be advised that there exists the possibility of technological interruptions in telephone or Zoom connections which are beyond the control of City staff.
Every effort will be made to establish or reestablish uninterrupted virtual participation in the Council meeting. Your patience and understanding is appreciated.
PLEASE TURN OFF OR SILENCE CELL PHONES WHILE MEETING IS IN SESSION
AND PLEASE REFRAIN FROM TEXTING DURING THE MEETING
**************************************************************************************************** In compliance with the Americans with Disabilities Act of 1990, the City of Pico Rivera is committed to providing reasonable accommodations for a person with a disability. Please call the City Clerk’s office at (562) 801-4389, if special accommodations are necessary and/or if information is needed in an alternative format. Special requests must be made in a reasonable amount of time in order that accommodations can be arranged (within 24 to 48 hours’ notice).
INVOCATION:
PLEDGE OF ALLEGIANCE:
SPECIAL PRESENTATION(S):
• Army Corps Biannual Update
PUBLIC HEARING(S): None
PUBLIC COMMENTS - IF YOU WOULD LIKE TO COMMENT ON ANY LISTED AGENDA ITEMS OR NON-AGENDA ITEMS, PLEASE EMAIL THE CITY CLERK’S OFFICE AT [email protected] OR JOIN THE MEETING IN PERSON OR VIA COMPUTER/TELEPHONE.
When you are called to speak, please come forward and state your name and city of residency for the record. You have three (3) minutes to make your remarks. In accordance with Government Code Section 54954.2, members of the City Council may only: 1) respond briefly to statements made or questions posed by the public; 2) ask a question for clarification; 3) provide a reference to staff or other resources for factual information; 4) request staff to report to the City Council at a subsequent meeting concerning any matter raised by the public; and 5) direct staff to place a matter of business on a future agenda.
City Council members cannot comment on items that are not listed on a posted agenda.
CONSENT CALENDAR ITEMS:
All items listed on the Consent Calendar may be acted on by a single motion without separate discussion. Any motion relating to a Resolution or Ordinance shall also waive the reading of the titles in full and include its adoption as appropriate. If discussion or separate vote on any item is desired by a Councilmember or staff, that item may be pulled from the Consent Calendar for separate consideration.
CONSENT CALENDAR:
City Council:
02-14-2023 Agenda City Council
1. Minutes:
• City Council regular meeting January 24, 2023
Recommendation: Approve
2. 11th Warrant Register of the 2022-2023 Fiscal Year. (700) Check Numbers: 290954-291057
Special Check Numbers: None
Recommendation: Approve
3. Second Reading – Adoption of Ordinance No. 1166 Approving Zone Reclassification No. 325 to Change the Zone Designation from Commercial General and Mixed-Use Overlay to Mercury Specific Plan and Adoption of Ordinance No. 1167 Approving Zone Code Amendment No. 187 for the Development of a 255-Unit Mixed Use Project Located at 8825 Washington Boulevard. (1300)
Recommendation:
1. Adopt Ordinance No. 1166 approving Zone Reclassification No. 325 changing the zone classification from Commercial General and Mixed-Use Overlay to Mercury Specific Plan; and
2. Adopt Ordinance No. 1167 approving Zone Code Amendment No. 187 incorporating the Mercury Specific Plan to the Pico Rivera Municipal Code.
Ordinance No. 1166 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPROVING A ZONE
RECLASSIFICATION TO CHANGE THE ZONE DESIGNATION FROM
GENERAL COMMERCIAL AND MIXED-USE OVERLAY ZONE TO
MERCURY SPECIFIC PLAN TO ALLOW FOR THE DEVELOPMENT AS
SHOWN ON ATTACHMENT “A” AND FURTHER DESIGNATED HEREIN
AS ZONE RECLASSIFICATION NO. 325
Ordinance No. 1167 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, ADDING CHAPTER 18.21,
MERCURY SPECIFIC PLAN TO TITLE 18, ZONING, OF THE PICO
RIVERA MUNICIPAL CODE
4. Second Reading – Adoption of Ordinance No. 1168 Removal of Unauthorized Container Provisions and Procedures. (1100)
Recommendation:
1. Adopt Ordinance No. 1168 adding Section 8.12.470 through 8.12.560 to Chapter 8.12, “Garbage and Rubbish,” of Title 8, “Health and Safety,” of the Pico Rivera Municipal Code, which will be implemented through a majority vote of the City Council.
Ordinance No. 1168 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, ADDING SECTION 8.12.470 THROUGH 8.12.560 TO CHAPTER 8.12 OF TITLE 8 OF THE PICO
RIVERA MUNICIPAL CODE TO ESTABLISH THE REMOVAL OF
UNAUTHORIZED CONTAINERS PROVISIONS AND PROCEDURES IN
THE CITY OF PICO RIVERA
02-14-2023 Agenda City Council
5. Planning and Veterans Commission Appointments. (300) Recommendation:
1. Approve resolutions acclaiming appointments to the Planning and Veterans Commissions.
Resolution No. _____ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPOINTING THE FOLLOWING CITY ELECTOR: YARISMA ROCHA TO THE PLANNING COMMISSION
FOR A ONE YEAR TERM SAID TO EXPIRE DECEMBER 2023
Resolution No. _____ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPOINTING THE FOLLOWING CITY ELECTOR: DANIEL GARCIA TO THE VETERANS COMMISSION
FOR A ONE YEAR TERM SAID TO EXPIRE DECEMBER 2023
6. Purchase and Sale Agreement Between the City of Pico Rivera and the Veterans of Foreign Wars for the City Acquisition of the Real Property Identified as 4865 Durfee Avenue. (1300)
Recommendation:
1. Approve the attached resolution ratifying the purchase and sale agreement (PSA) with the Veterans of Foreign Wars (Seller) and the City of Pico Rivera (City), for the City’s acquisition of the real property identified as 4865 Durfee Avenue (Property) and determine that the approval is exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Commonsense Exemption under Section 15060(c)(3);
2. Amend the fiscal year (FY) 2022-23 adopted budget by increasing the General Fund revenue by $928,625 for the disposal of 3900 Baybar Road; and
3. Amend FY 2022-23 adopted budget by increasing the General Fund appropriation by $510,000 for the acquisition of 4865 Durfee Avenue.
Resolution No. _____ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPROVING THE PURCHASE
AND SALE AGREEMENT BETWEEN THE CITY OF PICO RIVERA,
CALIFORNIA AND THE VETERANS OF FOREIGN WARS FOR THE
CITY’S ACQUISITION OF THE REAL PROPERTY IDENTIFIED AS 4865 DURFEE AVENUE, PICO RIVERA, CALIFORNIA 90660 (APN: 6374-015- 012)
7. Annual Sidewalk Improvement Project (CIP No. 50080) – Reject All Bids and Re-Advertise for Construction. (500)
Recommendation:
1. Reject all bids for the Annual Sidewalk Improvement Project, CIP No. 50080; and
2. Authorize the City Clerk to re-advertise the Notice Inviting Bids. 02-14-2023 Agenda City Council
8. Approve a Professional Services Agreement with Hinderliter De Llamas & Associates (HDL Companies) for Business License Tax and Tobacco Retail License Administration Services. (500)
Recommendation:
1. Approve a professional services agreement with Hinderliter De Llamas & Associates (HDL Companies) to perform business license tax and tobacco retail license administration services and authorize the City Manager to execute the agreement in a form approved by the City Attorney.
Agreement No. _______
CONSENT CALENDAR ITEMS PULLED FOR FURTHER DISCUSSION
REGULAR AGENDA:
City Council:
9. Fiscal Year 2022-23 City of Pico Rivera Mid-Year Budget Report as of December 31, 2022. (700)
Recommendation:
1. Receive and file the Mid-Year Budget Report ending December 31, 2022, which represents the balances and activity for the first and second quarters (July through December) of the 2022-23 fiscal year;
2. Approve Budget Adjustments amending the fiscal year (FY) 2022-23 Adopted Budget for the General Fund and Other Funds as outlined in Enclosures 1 – 4 of this report; and
3. Approve Position Reclassifications amending the fiscal year (FY) 2022-23 Adopted Authorized Positions Full-Time Equivalent (FTE) as outlined in Enclosure 5 of this report.
CITY MANAGER/STAFF REPORTS
GOOD OF THE ORDER (INTERGOVERNMENTAL AGENCY MEETINGS, AB 1234
REPORTS, NEW BUSINESS, OLD BUSINESS)
For Discussion:
• Appointment of Public Safety Coordinator
• Consideration of ordinance prohibiting street takeovers • Consideration for establishing safe spaces for kids
CLOSED SESSION:
a. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
One Matter
ADJOURNMENT:
02-14-2023 Agenda City Council
AFFIDAVIT OF POSTING
I, Anna M. Jerome, City Clerk, for the City of Pico Rivera, DO HEREBY CERTIFY, under penalty of perjury under the laws of the State of California, that the foregoing notice was posted at the Pico Rivera City Hall bulletin board, Pico Rivera website www.pico-rivera.org, Pico Rivera Post Office and Parks: Smith, Pico and Rivera which are available for the public to view on this 9th, day of February 2023.
Dated this 9th, day of February 2023.
Anna M. Jerome, CMC
City Clerk
SB343 NOTICE
In compliance with and pursuant to the provisions of SB343 any public writing distributed by the City Clerk to at least a majority of the City Council Members regarding any item on this regular meeting agenda will be available on the City’s website.
STATEMENT REGARDING DECORUM AT CITY COUNCIL MEETINGS
If you wish to speak at the time set aside for public comments, the City Council has established the following standards and Rules of Decorum as allowed by State law. • Public comment is limited to those portions of the meeting referred to as Public Comments. These portions are intended for members of the public to address the City Council, Successor Agency, Housing Assistance Agency or Water Authority on matters related to agendas or any other items under the subject matter jurisdiction of the City Council or Agencies. Please fill out the desired color-coded card prior to the start of the meeting at 6:00 p.m. Once the meeting has begun, no further cards will be accepted. • A yellow Public Hearing Comment Request card must be completed to speak during a Public Hearing.
• A green Public Comment Request – Card is for those wishing to address the Council/Agency on agenda items or any other items under the subject jurisdiction of the City Council/Agency.
• Citizens may address the Council, Successor Agency or Housing Assistance Agency once for a maximum of three minutes. After each speaker returns to his/her seat, the Mayor shall determine the time and manner of response, but typically if answers are available, they will be given after all speakers have had an opportunity to address the City Council.
• Members of the audience are asked to refrain from clapping or otherwise speaking from their seats. Those not meeting the standards for decorum may be escorted from the meeting.
RULES OF DECORUM CAN BE FOUND IN THE PICO RIVERA MUNICIPAL CODE SECTION
2.08.050 AS ESTABLISHED BY ORDINANCE 783 ADOPTED ON AUGUST 20, 1990 AND AMENDED BY ORDINANCES 822 (SEPTEMBER 21, 1992) AND 1020 (MARCH 21, 2006).
Tuesday, January 24, 2023
A Regular Meeting of the City Council and Water Authority was held in the Council Chamber, Pico Rivera City Hall, 6615 Passons Boulevard, Pico Rivera, California.
Mayor/President Lutz called the regular meeting to order at 6:01 p.m. on behalf of the City Council and Water Authority.
PRESENT: Camacho, Garcia, Lara, Sanchez, Lutz
ABSENT: None
INVOCATION: Delivered by Councilmember/Commissioner Dr. Sanchez PLEDGE OF ALLEGIANCE: Led by Councilmember/Commissioner Garcia SPECIAL PRESENTATION(S):
• The Administrative Services department was recognized for their work during the end of the year Financial Reporting period
• A Proclamation was presented to the Los Angeles County Sheriff’s Pico Rivera Station for National Law Enforcement Day
PUBLIC HEARING:
City Council:
1. Public Hearing – Conditional Use Permit No. 746; Zone Reclassification No. 325; Zone Code Amendment No. 187, General Plan Amendment No. 57, and Mitigated Negative Declaration and Mitigation Monitoring Program to Develop a 255 Unit Mixed-Use Development Located at 8825 Washington Boulevard. (1300)
Mayor Lutz opened the public hearing.
Councilmember Garcia recused himself from the hearing.
Mayor Lutz noted there was two (2) written communications from Mitchell M. Tsai, Attorney at Law and Richard Drury from Lozeau/Drury LLP in opposition of the project.
Community and Economic Development Deputy Director provided a PowerPoint presentation including the project’s location and description, a brief history of the property, traffic impact study, community outreach, project setbacks, project renderings, community benefits, specific plan and parking analysis, planning commission action, environmental review, property values, security and overcrowding. 1 1-24-23.CityCouncilMinutes
Kamyar Shabani with Optimus Properties, LLC gave a brief introductory of the property company and further details on the project, specifically how the name of the project is honoring the City’s history, additional community benefits, alignment with City planning efforts, amenities provided by the project, parking provided, and outreach summary.
Oral Communication(s):
The following public speakers addressed City Council in support of the project. • Christopher Luna Jr.
• Nick Hernandez
• Paul Avila
• CR May
• Richard Burns
• David Gonzalez
• Daniel Andrade
• Marco Zapien
• Nicole Arruda
• John Contreras
• Jayro Queme
The following public speakers addressed City Council in opposition of the project and expressed specific concerns.
• Jose Sanchez
• Russ Faulkenberry
• Gary Ibanez
• Joseph Gonzalez
• Milton Myer
• Kathleen Halton
• Elvia Alvarado
In response to speakers concerns, Mr. Shabani addressed tenant reporting verification process, parking, quality of life, and fire access lanes. Regarding fire access, Mr.
Shabani stated that the lanes were reviewed and approved by the Fire Department.
Pertaining to the reporting verification Mr. Shabani stated that all reports made were independently reviewed by the Planning Commission and City consultants. In regards to quality of life, he mentioned that City consultants reported that quality of life would increase not decrease.
City Council discussed project estimated completion, environmental emissions, concerns with tenant management, Prop 13 and property value concerns, State housing mandates and regulations, and the opportunity for increase registration in local schools.
Mayor Lutz closed the public hearing.
1-24-23.CityCouncilMinutes
Motion by Councilmember Dr. Sanchez, seconded by Mayor Lutz to: 1) Approve and recommend adoption to the City Council of the items listed below: a) Approve Resolution No. 7243 ratifying Conditional Use Permit No. 746 to develop a 255-unit mixed-use apartment complex; b) Approve Resolution No. 7244 ratifying Zone Reclassification No. 325 to change the zone from Commercial General and Mixed-use Overlay to Mercury Specific Plan; c) Approve Resolution No. 7245 ratifying Zone Code Amendment No. 187 to add the Mercury Specific Plan to the Pico Rivera Municipal Code; d) Approve Resolution No. 7246 ratifying General Plan Amendment No. 57 adopting the Mercury Specific Plan to the Pico Rivera General Plan; e) Introduce and waive first reading of ordinance approving Zone Reclassification No. 325; f) Introduce and waive first reading of ordinance adding Chapter 18.21, Mercury Specific Plan to Title 18, Zoning, of the Pico Rivera Municipal Code; and g) Adopt the Mitigated Negative Declaration and Mitigation Monitoring Reporting Program in compliance with the California Environmental Quality Act (CEQA; or 2) Deny the project; or 3) Continue this item and request staff to conduct further research. Motion carries by the following roll call vote:
Resolution No. 7243 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF A 255 UNIT
MIXED-USE DEVELOPMENT AT 8825 WASHINGTON BOULEVARD
DESIGNATED AS CONDITIONAL USE PERMIT NO. 746 AND
ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM
Resolution No. 7244 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPROVING A ZONE
RECLASSIFICATION FOR THE PROPERTY LOCATED AT 8825
WASHINGTON BOULEVARD TO CHANGE THE ZONE
CLASSIFICATION FROM GENERAL COMMERCIAL AND MIXED-USE
OVERLAY ZONE TO MERCURY SPECIFIC PLAN TO ALLOW FOR THE
DEVELOPMENT OF THE PROPERTY AS A 255 UNIT MIXED-USE
DEVELOPMENT FURTHER DESIGNATED HEREIN AS ZONE
RECLASSIFICATION NO. 325
Resolution No. 7245 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, ADOPTING THE MERCURY
SPECIFIC PLAN TO A 2.8 PARCEL LOCATED AT 8825 WASHINGTON
BOULEVARD HEREIN DESIGNATED AS GENERAL PLAN
AMENDMENT NO. 57
Resolution No. 7246 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, ADOPTING AN ORDINANCE
ADDING CHAPTER 18.21, MERCURY SPECIFIC PLAN TO TITLE 18,
ZONING, OF THE PICO RIVERA MUNICIPAL CODE DESIGNATED
HEREIN AS ZONE CODE AMENDMENT NO. 187
1-24-23.CityCouncilMinutes
Ordinance No. 1166 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPROVING A ZONE
RECLASSIFICATION TO CHANGE THE ZONE DESIGNATION FROM
GENERAL COMMERCIAL AND MIXED-USE OVERLAY ZONE TO
MERCURY SPECIFIC PLAN TO ALLOW FOR THE DEVELOPMENT OF
THE PROPERTY AS A 255 UNIT MIXED-USE DEVELOPMENT A SHOW ON ATTACHMENT “A” AND FURTHER DESIGNATED HEREIN AS
ZONE RECLASSIFICATION NO. 325 (FIRST READING AND
INTRODUCTION)
Ordinance No. 1167 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, ADDING CHAPTER, 18.21, MERCURY SPECIFIC PLAN TO TITLE 18, ZONING, OF THE PICO
RIVERA MUNICIPAL CODE (FIRST READING AND INTRODUCTION)
AYES: Camacho, Lara, Sanchez
NOES: Lutz
ABSTAIN: Garcia
Recessed to Break at 8:10 p.m.
ALL FOUR CITY COUNCIL MEMBERS WERE PRESENT
Reconvened from Break at 8:22 p.m.
ALL CITY COUNCIL MEMBERS WERE PRESENT
2. Public Hearing – Approval of a Proposed Resolution Amending Customer Power Generation Rate Schedule for Pico Rivera Innovative Municipal Energy (PRIME). (1600)
Mayor Lutz opened the public hearing and noted that there were no written communications or public comment cards to provide public testimony.
Cathy Defalco from California Choice Energy Authority provided a brief presentation covering the rate setting process, the increase of rates, PRIME Generation rate adjustment, and a joint rate comparison.
Mayor Lutz closed the public hearing.
Motion by Councilmember Camacho, seconded by Mayor Pro Tem Lara to approve Resolution No. 7247 amending the customer power generation rate schedule for Pico Rivera Innovative Municipal Energy (PRIME). Motion carries by the following roll call vote:
Resolution No. 7247 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, AMENDING THE CUSTOMER
POWER GENERATION RATES FOR THE PICO RIVERA INNOVATIVE
1-24-23.CityCouncilMinutes
MUNICIPAL ENERGY (PRIME) COMMUNITY CHOICE AGGREGATION
PROGRAM
AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
PUBLIC COMMENTS:
Lauren Talbott, Pico Rivera Library Manager:
• Addressed the City Council regarding library updates, upcoming events, and rapid COVID-19 tests.
Jose Sanchez:
• Addressed the City Council to express his concerns regarding Item No. 15, Introduction and First Reading of Removal of Unauthorized Containers Provisions and Procedures Ordinance.
City Manager Carmona stated that Item No. 17, Budget Calendar – Biennial Budget Fiscal Year 2023-24 and Fiscal Year 2024-25 Budget Development Calendar of the agenda was pulled from the Regular Agenda and moved to the Consent Calendar.
CONSENT CALENDAR ITEMS:
City Council:
3. Minutes:
• Approved City Council regular meeting of December 13, 2022
4. Approved 10th Warrant Register of the 2022-2023 Fiscal Year. (700) Check Numbers: 290724-290953
Special Check Numbers: None
5. Approve a Resolution to Adopt Vehicle Miles Travel Thresholds of Significance for the Purpose of Analyzing Transportation Impacts Under California Environmental Quality Act. (1400)
1. Approved Resolution No. 7248 to adopt a Vehicle Miles Traveled thresholds of significance for the purpose of analysis of transportation impacts under California Environmental Quality Act guidelines.
Resolution No. 7248 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, FOR ADOPTION OF VEHICLE
MILES TRAVELED BASELINES AND THRESHOLDS OF SIGNIFICANCE
FOR THE PURPOSE OF ANALYZING TRANSPORTATION IMPACTS
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
1-24-23.CityCouncilMinutes
6. Planning, Parks and Recreation, and Veterans Commission Appointments. (300)
1. Approved Resolution Nos. 7249, 7250, 7251 acclaiming appointments to the Planning, Parks and Recreation, and Veterans Commissions.
Resolution No. 7249 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPOINTING THE FOLLOWING CITY ELECTORS: ROBERT MARTINEZ AND TOMMY ELISALDEZ TO
THE PLANNING COMMISSION FOR A ONE YEAR TERM SAID TO
EXPIRE DECEMBER 2023
Resolution No. 7250 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPOINTING THE FOLLOWING CITY ELECTORS: VANESSA MARTINEZ AND PATRICIA A. SAUCEDO
TO THE PARKS AND RECREATION COMMISSION FOR A ONE YEAR
TERM SAID TO EXPIRE DECEMBER 2023
Resolution No. 7251 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPOINTING THE FOLLOWING CITY ELECTORS: GIL PEREZ, RACHEL DURAN, PAUL CAMACHO
AND BOBBIE TANNER TO THE VETERANS COMMISSION FOR A ONE
YEAR TERM SAID TO EXPIRE DECEMBER 2023
7. Final Tract Map No. 74823 – 18 Residential Single-Family Home Development Located Between the Easterly Terminus of Burke Street and the San Gabriel River. (700)
1. Approved Resolution No. 7252 ratifying the Final Tract Map No. 74823 – 18 residential single-home development located between the easterly terminus of Burke Street and the San Gabriel River;
2. Approved the Final Tract Map as it conforms to the requirements in the Subdivision Map Act and previously approved Tentative Tract Map No. 74823;
3. Authorized the Interim Public Works Director or City Engineer to sign the Final Parcel Map; and
4. Authorized the City Clerk to sign and submit the Final Parcel Map for recordation with the Los Angeles County Registrar-Recorder’s Office.
Resolution No. 7252 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPROVING THE FINAL TRACT MAP NO. 74823 TO ALLOW THE SUBDIVISION FOR CONSTRUCTION
OF EIGHTEEN SINGLE FAMILY RESIDENTIAL HOMES UNITS
LOCATED BETWEEN THE EASTERLY TERMINUS OF BURKE STREET
AND THE SAN GABRIEL RIVER
8. Mayoral Appointments. (300)
1-24-23.CityCouncilMinutes
1. Confirmed the Mayor’s appointments to various Boards, Agencies and Committees.
9. Assembly Bill 361 Findings. (300)
1. Received and filed this report and made the following findings: (a) The City Council has reconsidered the circumstances of the state of emergency; and (b) the following circumstances exist, (i) the state of emergency continues to directly impact the ability of the members to meet safely in person and (ii) the City Council continues to provide measures such as remote or hybrid meeting participation to promote social distancing; and
2. Took such additional, related, action that may be desirable.
10. Second Quarter Treasurer’s Report and the Monthly Investment Transaction Report as of December 31, 2022 – Fiscal Year 2022-2023. (700)
1. Received and filed the Treasurer’s Report for the quarter ending December 31, 2022, which represents balances and activities for the second quarter (October through December) of the 2022-23 fiscal year; and
2. Received and filed the Treasurer’s Monthly Investment Transaction Report as of December 31, 2022.
11. Development Impact Fee Report as of June 30, 2022. (700)
1. Received and filed the Development Impact Fee Report as of June 30, 2022.
12. Youth Center Renovation Project (CIP No. 50034) – Award Professional Services Agreement for Architect/Engineer Services. (500)
1. Awarded a Professional Services Agreement to Dahlin Group, Inc. to provide Architect/Engineer (A-E) services for design and construction support of the Youth Center Renovation Project, CIP No. 50034 for an amount not-to-exceed $62,000 and authorized the City Manager to execute the agreement in a form approved by the City Attorney; and
2. Amended the fiscal year (FY) 2022-23 adopted budget by increasing $92,088 in State of California grant revenues and appropriations for this project.
Agreement No. 23-2155
17. Budget Calendar – Biennial Budget Fiscal Year 2023-24 and Fiscal Year 2024-25. (500)
1. Received and filed the fiscal year (FY) 2023-24 and FY 2024-25 Budget Development Calendar.
1-24-23.CityCouncilMinutes
Water Authority:
13. Minutes:
• Approved Water Authority regular meeting of December 13, 2022
14. Approved Amendment No. 3 to Professional Services Agreement with AKM Consulting Engineers. (500)
1. Approved an amendment to AKM’s Consulting Engineer’s professional services agreement in a not-to-exceed amount of $18,240.
Agreement No. 21-53-3
Motion by Councilmember/Commissioner Lutz, seconded by Mayor Pro Tem/Vice President Lara to approve Consent Calendar Item Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 17. Motion carries by the following roll call vote:
AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
CONSENT CALENDAR ITEMS PULLED FOR FURTHER CLARIFICATION: None REGULAR AGENDA:
City Council:
15. Introduction and First Reading of Removal of Unauthorized Containers Provisions and Procedures Ordinance. (900)
City Manager Carmona stated that approval of this ordinance will give the City the authority to remove containers and give the City the opportunity to receive credits for the diversion rates to meet State mandates.
Motion by Mayor Pro Tem Lara, seconded by Councilmember Garcia to introduce and conduct the first reading of Ordinance No. 1168 adding Section 8.12.470 through
8.12.560 to Chapter 8.12, “ Garbage and Rubbish,” of Title 8, “Health and Safety,” of the Pico Rivera Municipal Code, which will require a majority vote of the City Council.
Motion carries by the following roll call vote:
Ordinance No. 1168 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, ADDING SECTION 8.12.470 THROUGH 8.12.560 TO CHAPTER 8.12 OF TITLE 8 OF THE PICO
RIVERA MUNICIPAL CODE TO ESTABLISH THE REMOVAL OF
UNAUTHORIZED CONTAINERS PROVISIONS AND PROCEDURES IN
THE CITY OF PICO RIVERA (FIRST READING AND INTRODUCTION) AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
1-24-23.CityCouncilMinutes
16. Annual Comprehensive Financial Report, Fiscal Year Ending June 30, 2022 and Fiscal Year 2021-22 General Fund Year-End Results. (700) Assistant City Manager Garcia and Administrative Services Director Guo provided a presentation on the Fiscal Year (FY) 2021-22 Year-End Results which include the FY 2021-22 accomplishments, the general fund year-end results and revenues, year-end expenditures, and general fund balance.
Motion by Councilmember Dr. Sanchez, seconded by Councilmember Camacho to: 1) Receive and file the Annual Comprehensive Financial Report, fiscal year (FY) ending June 30, 2022; and 2) Approve Budget Transfers that allocate the FY 2021-22 Unassigned General Fund Balance of $87,913. Motion carries by the following roll call vote:
AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
CITY MANAGER/STAFF REPORTS:
City Manager Carmona and Captain Hutak reported on the successful Pizza with a Cop event at Chuck E. Cheese.
GOOD OF THE ORDER (INTERGOVERNMENTAL AGENCY MEETINGS, AB 1234 REPORTS, NEW BUSINESS, OLD BUSINESS):
Mayor Pro Tem Lara commented on the Pico Rivera Donnas Cheer Squad winning the Championship at the JAMZ Nationals in Las Vegas. He reported on a meeting with El Rancho Unified School Board member Esther Mejia regarding a Safe Pathways program and requested to schedule a meeting with the El Rancho Unified School District to discuss the Safe Pathways program and the City’s REACH program; seconded by Councilmember Garcia.
Councilmember Dr. Sanchez commented on the Pico Rivera Sheriff Station Toy Giveaway event, the Pico Rivera Christmas Baskets Committee Holiday Drive-Thru Food Giveaway, the American Legion Post 341 Toy Giveaway event and the Los Angeles County’s upcoming Academic Decathlon where decathletes from El Rancho High School will be participating.
City Council reported on their attendance to the California Contract Cities Legislative Tour Conference.
Mayor Lutz reported on his attendance to the United States Conference of Mayors in Washington D.C. and his and Councilmember Garcia’s attendance to the Senior Club Installations.
Recessed to Closed Session at 9:11p.m.
ALL CITY COUNCIL MEMBERS WERE PRESENT
1-24-23.CityCouncilMinutes
Reconvened from Closed Session at 9:56 p.m.
ALL CITY COUNCIL MEMBERS WERE PRESENT
CLOSED SESSION(S):
a. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Designated Representative: City Manager Carmona, Human Resources Director Shirinian and Assistant City Manager Garcia
Employee Organizations: Service Employees International Union Local 721 Fulltime, Part-time and Directors Units, and Confidential Employees Association City Attorney Alvarez-Glasman stated that City Council received a briefing, no final action was taken and that there was nothing further to report. b. PUBLIC EMPLOYEE EVALUATION
Pursuant to Government Code Section 54957(b)(1)
Title: City Manager
City Attorney Alvarez-Glasman stated that the City Council reviewed the first-year task in accordance with the current City Manager contract and that the City Manager will be receiving the first bonus in a unanimous vote. No final action was taken and there was nothing further to report.
ADJOURNMENT:
Mayor/President Lutz adjourned the City Council meeting at 9:57 p.m. in memory of Elion de Jesus Perez, John Gonzalez, and the recent shooting victims of Monterey Park. There being no objection it was so ordered.
AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
______________________________________
Erik Lutz, Mayor/President
ATTEST:
_______________________________
Anna M. Jerome, City Clerk/Authority Secretary
1-24-23.CityCouncilMinutes
I hereby certify that the foregoing is a true and correct report of the proceedings of the City Council and Water Authority regular meeting dated January 24, 2023 and approved by the City Council/Water Authority on February 14, 2023. ________________________________
Anna M. Jerome, City Clerk/Authority Secretary
MEETING DATE: 2/14/2023
CHECK DATE STARTING ENDING AMOUNT
CHECK NUMBERS:
Regular checks 1/13/23-2/02/23 290954 291057 $ 1,622,681.70 Special checks
ACH NUMBERS: 1/13/23-2/02/23 11056 11179 1,908,331.02
VOIDED CHECKS/EFT: 11109
PRE-NOTE 11055
REGULAR CHECK: $ 3,531,012.72
SPECIAL CHECK: $ -
TOTAL REGISTER AMOUNT: $ 3,531,012.72
11th WARRANT REGISTER OF THE 2022 - 2023 FISCAL YEAR
2 Number Date Source
Transaction
Amount
290954 01/19/2023 01/25/2023 Accounts
Payable
$242.66
Invoice Date Amount
011923 01/19/2023 $242.66
290955 01/19/2023 02/01/2023 Accounts
Payable
$496.67
Invoice Date Amount
00621 12/15/2022 $496.67
290956 01/19/2023 01/26/2023 Accounts
Payable
$664.45
Invoice Date Amount
B2639353 01/03/2023 $664.45
290957 01/19/2023 01/26/2023 Accounts
Payable
$1,200.00
Invoice Date Amount
73367 12/19/2022 $1,200.00
290958 01/19/2023 01/24/2023 Accounts
Payable
$6,304.40
Invoice Date Amount
RE-PW22121202558 12/12/2022 $6,304.40
290959 01/19/2023 01/25/2023 Accounts
Payable
$4,436.00
Invoice Date Amount
SI-1296302 01/11/2023 $4,436.00
290960 01/19/2023 Accounts
Payable
$50.00
Invoice Date Amount
011923 01/19/2023 EMPLOYEE DEDUCTION FOR P/E 01/13/23 $50.00
JUNIPER CARE SUPPORT
Franchise Tax Board
Description
IW THROUGH NOVEMBER 2022
CPACINC.COM
Description
BACKFLOW TESTING
County of Los Angeles Dept of Public Works
Description
MEMBER VALENTINE CARDS
Century Rooter & Jetting Service, Inc
Description
KEYS AND LOCKS FOR FACILITIES
CardsDirect, Inc.
Description
EMPLOYEE DEDUCTION FOR P/E 01/13/23
Broadway Lock and Key
Description
CBC GenOpe - CBC General Operating
Check
BMG Money, Inc
Description
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
user: April Zamora Pages: 1 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
290961 01/19/2023 01/24/2023 Accounts
Payable
$71.24
Invoice Date Amount
012023CCSLT-JRG 01/18/2023 $71.24
290962 01/19/2023 01/24/2023 Accounts
Payable
$288.24
Invoice Date Amount
2022REIMCOVID 01/18/2022 $288.24
290963 01/19/2023 01/24/2023 Accounts
Payable
$2,808.67
Invoice Date Amount
IN7101649475 01/01/2023 $2,808.67
290964 01/19/2023 01/25/2023 Accounts
Payable
$340.50
Invoice Date Amount
9499851864 11/02/2022 $340.50
290965 01/19/2023 01/24/2023 Accounts
Payable
$687.75
Invoice Date Amount
17908 12/01/2022 $357.33
17747 10/12/2022 $330.42
290966 01/19/2023 01/24/2023 Accounts
Payable
$5,707.52
Invoice Date Amount
231635EC 01/04/2023 $5,707.52
290967 01/19/2023 01/23/2023 Accounts
Payable
$57.25
Invoice Date Amount
011923 01/19/2023 $57.25
Description
EMPLOYEE DEDUCTION FOR P/E 01/13/23
Description
HELICOPTER SERVICE NOVEMBER 2022
Levying Officer
PRESSURE WASHER REPAIRS
PRESSURE WASHER SUPPLIES
LA County Sheriffs Department
SMALL TOOLS FOR WATER DIVISION
L. A. Pressure Supply LLC
Description
TELECOMMUNICATIONS SERVICES VOIP
Grainger
Description
REIMBURSEMENT FOR N95 MASKS
GoTo Communications, Inc.
Description
2023 CONTRACT CITIES-SACRAMENTO LEGISLATIVE TOUR, REIMBURSEMENT Gonzalez, Julia
Description
GARCIA, JOHN, R.
Description
user: April Zamora Pages: 2 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
290968 01/19/2023 01/20/2023 Accounts
Payable
$4,651.95
Invoice Date Amount
0123ERUSDDBJ-MCC 01/19/2023 $4,651.95
290969 01/19/2023 01/26/2023 Accounts
Payable
$4,432.40
Invoice Date Amount
166268 12/05/2022 $821.09
164583 11/21/2022 ($393.52)
165806 12/01/2022 $269.21
167602 12/15/2022 $247.20
167611 12/15/2022 $4.37
167960 12/19/2022 $79.92
167983 12/19/2022 $83.83
163080 11/10/2022 $501.40
163740 11/15/2022 $407.89
164589 11/21/2022 $30.74
166649 12/07/2022 $810.30
164599 11/21/2022 $188.95
164597 11/21/2022 $75.54
164609 11/21/2022 $218.47
164782 11/22/2022 $372.26
165793 12/01/2022 $54.73
165828 12/01/2022 $572.29
169542 01/03/2023 $87.73
290970 01/19/2023 01/26/2023 Accounts
Payable
$142,488.01
Invoice Date Amount
PICO2201-03 01/05/2023 PROFESSIONAL SVCS 9/1/22-11/30/22, TELEGRAPH RD BRIDGE CIP 21284 $142,488.01
MECHANIC SHOP SUPPLIES
NCM Engineering Corporation
Description
MECHANIC SHOP SUPPLIES
MECHANIC SHOP SUPPLIES
MECHANIC SHOP SUPPLIES
MECHANIC SHOP SUPPLIES
MECHANIC SHOP SUPPLIES
MECHANIC SHOP SUPPLIES
MECHANIC SHOP SUPPLIES
MECHANIC SHOP SUPPLIES
MECHANIC SHOP SUPPLIES
MECHANIC SHOP SUPPLIES
MECHANIC SHOP SUPPLIES
MECHANIC SHOP SUPPLIES
MECHANIC SHOP SUPPLIES
MECHANIC SHOP SUPPLIES
MECHANIC SHOP SUPPLIES
Description
MECHANIC SHOP SUPPLIES
CREDIT TO ACCOUNT
Description
ERUSD DECATHALON BREAKFAST FOR JUDGES
Napa Auto Parts
Maracas Cantina & Catering LLC
user: April Zamora Pages: 3 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
290971 01/19/2023 01/31/2023 Accounts
Payable
$5,899.99
Invoice Date Amount
PSI12181477 01/05/2023 $5,899.99
290972 01/19/2023 01/24/2023 Accounts
Payable
$2,237.61
Invoice Date Amount
143727 01 12/12/2022 $2,237.61
290973 01/19/2023 01/23/2023 Accounts
Payable
$10,000.00
Invoice Date Amount
20230015 01/06/2023 $10,000.00
290974 01/19/2023 01/24/2023 Accounts
Payable
$11,666.05
Invoice Date Amount
2022NOVPICOWATER 01/01/2023 $3,338.24
2022NOVPICAWATER 01/01/2023 $8,295.79
2022NOVPICBWATER 01/01/2023 $32.02
290975 01/19/2023 01/26/2023 Accounts
Payable
$1,312.50
Invoice Date Amount
336360 12/19/2022 $661.50
335710 12/12/2022 $651.00
290976 01/19/2023 01/24/2023 Accounts
Payable
$656.70
Invoice Date Amount
2023JANSANGABRIE 01/03/2023 $656.70
290977 01/19/2023 01/30/2023 Accounts
Payable
$74.50
Invoice Date Amount
UTILITIES FOR DECEMBER 2022
SEIU Local 721-COPE
Description
CLAIM SVCS 10/13/22-12/9/22
San Gabriel Valley Water Co
Description
Rehab West, Inc.
Description
CLAIM SVCS 10/13/22-12/7/22
UTILITIES FOR NOVEMBER 2022
UTILITIES FOR NOVEMBER 2022
UTILITIES FOR NOVEMBER 2022
QUARTERLY INSTALLMENT FOR OCTOBER THROUGH DECEMBER 2022 Pico Water District
Description
MAINTENANCE AND SERVICE REPAIRS
PICO RIVERA CHAMBER OF COMMERCE
Description
CSO SUPPLIES
Orange County Winwater Works
Description
NET WORLD SPORTS LTD
Description
user: April Zamora Pages: 4 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
011923 01/19/2023 $74.50
290978 01/19/2023 01/24/2023 Accounts
Payable
$25,247.14
Invoice Date Amount
3711 12/15/2022 $25,247.14
290979 01/19/2023 01/26/2023 Accounts
Payable
$529.28
Invoice Date Amount
SWO018613-1 12/13/2022 $529.28
290980 01/19/2023 01/31/2023 Accounts
Payable
$620.61
Invoice Date Amount
4097784 12/01/2022 $468.76
4101417 12/01/2022 $151.85
290981 01/19/2023 01/24/2023 Accounts
Payable
$348.52
Invoice Date Amount
134200071-0001 12/20/2022 $348.52
290982 01/19/2023 01/25/2023 Accounts
Payable
$63,152.00
Invoice Date Amount
20222322 10/31/2022 $1,874.25
20222323 10/31/2022 $692.00
20222324 10/31/2022 $1,070.00
20222325 10/31/2022 $1,092.00
20222326 01/17/2023 $4,016.25
20222327 11/11/2022 $2,199.00
20222711 11/30/2022 $18,171.00
20222712 11/30/2022 $4,462.50
20222713 11/30/2022 PROFESSIONAL SVCS THROUGH 11/30/22, PR TRF MASTER TRAFFIC $588.00 PROFESSIONAL SVCS THROUGH 11/11/22, PR REGIONAL BIKEWAY PROFESSIONAL SVCS THROUGH 11/30/22, PR CITY ENGINEERING SVCS PROFESSIONAL SVCS THROUGH 11/30/22 PR STAFF AUGMENTATION PROJECT PROFESSIONAL SVCS THROUGH 10/31/22, PR TRF DURFEE AVE WHITTIER PROFESSIONAL SVCS THROUGH 10/31/22, PR TRF 8359 TELEGRAPH RD Staff augmentation project- management inspection services Description
PROFESSIONAL SVCS THROUGH 10/31/22, PR STAFF AUGMENTATION PROJEC PROFESSIONAL SVCS THROUGH 10/31/22, PR TRF MASTER TRAFFIC Description
DEPARTMENTAL EXPENSE FOR WATER DIVISION
Transtech Engineers, Inc
EMISSIONS FEES FOR GENERATOR AT PARKS & REC
EMISSIONS FEES FOR GENERATOR AT CITY HALL
Sunbelt Rentals, Inc.
EQUIPMENT REPAIR
South Coast Air Quality Mgmt Dist
Description
FIRE HYDRANTS
Sonsray Machinery , LLC
Description
COPE FEES FOR P/E 01/13/23
So Cal Compton Pipe Supply Co Inc
Description
user: April Zamora Pages: 5 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
20222714 11/30/2022 $5,355.00
20222715 11/30/2022 $430.00
20222716 11/30/2022 $168.00
20222321 10/31/2022 $23,034.00
290983 01/19/2023 01/25/2023 Accounts
Payable
$124.49
Invoice Date Amount
5402428488 12/17/2022 $124.49
290984 01/19/2023 01/24/2023 Accounts
Payable
$12,807.00
Invoice Date Amount
194175 12/15/2022 $792.00
194176 12/15/2022 $4,806.00
194177 12/15/2022 $7,209.00
290985 01/19/2023 01/24/2023 Accounts
Payable
$3,417.76
Invoice Date Amount
393988 12/05/2022 $187.43
394232 12/06/2022 $1,670.29
394314 12/07/2022 $374.85
394456 12/14/2022 $1,185.19
290986 01/19/2023 Accounts
Payable
$1,663.85
Invoice Date Amount
PR220112 12/30/2022 $1,663.85
290987 01/26/2023 Accounts
Payable
$25,844.86
Invoice Date Amount
2022-11-20530 01/05/2023 LEGAL SERVICES NOVEMBER 2022 $25,844.86 PROFESSIONAL SVCS DECEMBER 2022, WELL 5 UPGRADES
Alvarez-Glasman & Colvin
Description
SEED COVER FOR PARKS
Yao Engineering, Inc.
Description
SEED COVER FOR PARKS
SEED COVER FOR PARKS
SEED COVER FOR PARKS
TREE TRIMMING SVCS 12/1/22-12/15/22
Whittier Fertilizer Company
Description
Description
TREE REMOVALS AND PLANTING 12/1/22-12/15/22
GRID PRUNING 12/1/22-12/15/22
Description
PROPANE FOR ASPHALT MAINTENANCE
West Coast Arborists, Inc
PROFESSIONAL SVCS THROUGH 11/30/22 PR TRF FRIENDSHIP AVE TRAFFIC PROFESSIONAL SVCS THROUGH 10/31/22, PR CITY ENGINEERING SVCS Uhaul
PROFESSIONAL SVCS THROUGH 11/30/22, PR SITE STAFF AUGMENTATION PROFESSIONAL SVCS THROUGH 11/30/22, PR TRF REVIEW GALLATIN user: April Zamora Pages: 6 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
290988 01/26/2023 02/01/2023 Accounts
Payable
$4,460.84
Invoice Date Amount
106923 12/31/2022 $2,318.25
106924 12/31/2022 $2,142.59
290989 01/26/2023 02/01/2023 Accounts
Payable
$71.66
Invoice Date Amount
53595 01/16/2023 $71.66
290990 01/26/2023 02/01/2023 Accounts
Payable
$75.00
Invoice Date Amount
300011101 01/09/2023 $75.00
290991 01/26/2023 01/31/2023 Accounts
Payable
$61,782.10
Invoice Date Amount
2209-128 10/18/2022 $23,440.70
2210-089 11/17/2022 $38,341.40
290992 01/26/2023 Accounts
Payable
$37.08
Invoice Date Amount
0123PARKREF-DB 01/18/2023 $37.08
290993 01/26/2023 01/30/2023 Accounts
Payable
$9,347.48
Invoice Date Amount
W95053550101 01/07/2023 $5,985.89
W95075200101 01/07/2023 $3,361.59
290994 01/26/2023 02/01/2023 Accounts
Payable
$67.94
Invoice Date Amount
REACH SITE SUPPLIES
DS Services of America, Inc.
Description
DISCOUNT SCHOOL SUPPLY
Description
REACH SITE SUPPLIES
Derrick Barrera
Description
REIMBURSEMENT FOR PARKING PERMIT #1967
Description
PROFESSIONAL SVCS THROUGH 9/30/22, SMITH PARK AQUATIC CENTER PROFESSIONAL SVCS THROUGH 10/31/22, SMITH PARK AQUATIC CENTER Description
MEMBERSHIP DUES
DAHLIN GROUP, INC
Description
ENGRAVED NAME PLATE, VICTOR FERRER & OFFICE OF PRIME
CSMFO
PROFESSIONAL SVCS NOVEMBER 2022, WHITTIER BL CALTRANS GRANT PROFESSIONAL SERVICES NOVEMBER 2022, WHITTIER BL SPECIFIC PLAN Crocker Signs & Screen Printing
CivicWell
Description
user: April Zamora Pages: 7 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
20044206 012023 01/20/2023 $67.94
290995 01/26/2023 02/01/2023 Accounts
Payable
$26,468.25
Invoice Date Amount
202211493 01/17/2023 $26,468.25
290996 01/26/2023 Accounts
Payable
$4,554.07
Invoice Date Amount
101340 01/12/2023 $4,554.07
290997 01/26/2023 Accounts
Payable
$1,097.60
Invoice Date Amount
58741 01/05/2023 $1,097.60
290998 01/26/2023 01/30/2023 Accounts
Payable
$284.00
Invoice Date Amount
6018466 12/31/2022 $284.00
290999 01/26/2023 01/31/2023 Accounts
Payable
$1,050,259.53
Invoice Date Amount
231634EC 01/04/2023 $6,907.82
231758EC 01/11/2023 $1,043,351.71
291000 01/26/2023 Accounts
Payable
$225.60
Invoice Date Amount
64022 12/19/2022 $124.00
64127 01/04/2023 $101.60
291001 01/26/2023 01/31/2023 Accounts
Payable
Moore,Iacofano,Goltsman, Inc. $25,018.75
Description
VARIOUS MAILERS & POSTCARDS FOR PRIME
VARIOUS MAILERS & POSTCARDS FOR PRIME
HELICOPTER SERVICE OCTOBER 2022
SHERIFF SERVICES DECEMBER 2022
Minuteman Press
METRO 30 DAY SENIOR PASS
LA County Sheriffs Department
Description
TRANSPORTATION FOR WINTER CAMP EXCURSION TO OCC COLLEGE 1/4/23 L.A. County Metropolitan Trans Authority (TAP)
Description
CUBICLE INSTALLATIONS
Inland Empire Stages, LTD
Description
PROFESSIONAL SVCS FOR 11/26/22-12/30/22, PROJECT 14873
H & V Custom Office Cubicles
Description
WATER DELIVERY 1/4/23
Dudek
Description
user: April Zamora Pages: 8 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
Invoice Date Amount
0078553 12/19/2022 $12,342.25
0078803 12/29/2022 $12,676.50
291002 01/26/2023 01/30/2023 Accounts
Payable
$180.00
Invoice Date Amount
SUB1-WWK3-23 01/21/2023 $90.00
VPAR-WWK2-23 01/17/2023 $90.00
291003 01/26/2023 Accounts
Payable
$3,200.00
Invoice Date Amount
2023POSTMASTFEB 01/23/2023 $3,200.00
291004 01/26/2023 01/31/2023 Accounts
Payable
$4,061.88
Invoice Date Amount
133643 11/28/2022 $4,061.88
291005 01/26/2023 Accounts
Payable
$198.45
Invoice Date Amount
8017038 01/05/2023 $198.45
291006 01/26/2023 02/01/2023 Accounts
Payable
$90.00
Invoice Date Amount
CSAS-WWK2-23 01/17/2023 $90.00
291007 01/26/2023 01/31/2023 Accounts
Payable
$150.00
Invoice Date Amount
RSOT-WWK2-23 01/17/2023 $90.00
RSOT-WWK3-23 01/23/2023 $60.00
Description
OFFICIATING SERVICES 1/14/23
OFFICIATING SERVICES 1/21/23
Description
OFFICIATING SERVICES 1/14/23
Soto, Ricardo
Description
BUSINESS CARDS FOR PARKING/CODE ENFORCEMENT
Sasada, Clifford
Description
RENTAL KUBOTA TRACTOR FOR FIELDS
Robert Klein Printers
Description
POSTAGE ON MONTHLY PROFILE FOR FEBRUARY 2023 CK 5
Power Trip Rentals, Inc
OFFICIATING SERVICES 1/21/23
OFFICIATING SERVICES 1/14/23
Postmaster-Santa Fe Springs Post Office
PROFESSIONAL SVCS 9/30/22-11/30/22, PR MAJOR CORRIDORS MEDIAN Pantoja, Victor
Description
Description
PROFESSIONAL SVCS 9/28/22-11/30/22, PR ROSEMEAD BL MEDIAN user: April Zamora Pages: 9 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
291008 01/26/2023 Accounts
Payable
$350.00
Invoice Date Amount
2022/2023 SCPLRC 01/25/2023 $350.00
291009 01/26/2023 Accounts
Payable
$120.00
Invoice Date Amount
SSTA-WWK2-23 01/17/2023 $90.00
SSTA-WWK3-23 01/23/2023 $30.00
291010 01/26/2023 Accounts
Payable
$36.00
Invoice Date Amount
144809 01/18/2023 $36.00
291011 01/26/2023 Accounts
Payable
$8,281.22
Invoice Date Amount
41537 01/05/2023 $6,654.86
41538 01/05/2023 $1,409.75
41553 01/11/2023 $216.61
291012 01/26/2023 01/31/2023 Accounts
Payable
$1,818.00
Invoice Date Amount
CINV-026419 01/02/2023 $1,818.00
291013 01/26/2023 Accounts
Payable
$270.00
Invoice Date Amount
KVAR-WWK2-23 01/17/2023 $90.00
KVAR-WWK3-23 01/23/2023 OFFICIATING SERVICES 1/20/23 & 1/21/23 $180.00 Varos, Kevin
Description
OFFICIATING SERVICES 1/13/23
TRUSAIC
Description
2022 ACA JANUARY PAYMENT
YOUTH BASKETBALL UNIFORMS
GO GETTERS JERSEYS
GO GETTER'S LONG SLEEVE SHIRTS
ARTS & CRAFTS CLASS, 12/13/22-12/22/22
Triangle Sports, Inc.
Description
OFFICIATING SERVICES 1/21/23
Sterling, Bernadette, M.
Description
Stamps, Sarita
Description
OFFICIATING SERVICES 1/14/23
Southern California Public Labor Relations Council
Description
22/23 SCPLRC MEMBERSHIP DUES 8/1/22-7/31/23
user: April Zamora Pages: 10 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
291014 02/02/2023 Accounts
Payable
$10,235.00
Invoice Date Amount
2023FEBATTYFEES 02/01/2023 $10,235.00
291015 02/02/2023 Accounts
Payable
$48.64
Invoice Date Amount
M0163615017 02/02/2023 $48.64
291016 02/02/2023 Accounts
Payable
$688.28
Invoice Date Amount
670790 12/31/2022 $688.28
291017 02/02/2023 Accounts
Payable
$466.28
Invoice Date Amount
INV-823995 01/05/2023 $207.25
INV-825837 01/11/2023 $259.03
291018 02/02/2023 Accounts
Payable
$242.66
Invoice Date Amount
020223 02/02/2023 $242.66
291019 02/02/2023 Accounts
Payable
$496.13
Invoice Date Amount
7098-42093 01/10/2023 $496.13
291020 02/02/2023 Accounts
Payable
$3,121.19
Invoice Date Amount
RIV-DEC22 01/12/2023 $3,121.19
Description
UTILITIES FOR NOVEMBER 2022
Description
CUSTOM DOOR FRAMES FOR CITY HALL
Central Basin Municipal Water District
Description
EMPLOYEE DEDUCTION FOR P/E 01/27/23
C & O Manufacturing
SMALL TOOLS FOR WATER DIVISION
SMALL TOOLS FOR STREET DIVISION
BMG Money, Inc
LEGAL SERVICES DECEMBER 2022
Bishop Company
Description
SUPPLEMENTAL LIFE INSURANCE FOR FOR P/E 01/13/23 & 01/27/23 Atkinson, Andelson, Loya, Ruud & Romo
Description
CITY ATTY RETAINER FEE FOR FEBRUARY 2023
American Heritage Life Insurance Co
Description
Alvarez-Glasman & Colvin
Description
user: April Zamora Pages: 11 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
291021 02/02/2023 Accounts
Payable
$5,453.63
Invoice Date Amount
8405768027 06/30/2022 $1,309.79
8405857648 08/31/2022 $877.08
8405906739 09/30/2022 $1,309.79
8405907000 09/30/2022 $574.45
8405955519 10/31/2022 $1,341.34
8405955521 10/31/2022 $41.18
291022 02/02/2023 Accounts
Payable
$2,190.00
Invoice Date Amount
13156551 12/01/2022 $273.75
13156553 12/01/2022 $273.75
13156554 12/01/2022 $273.75
13156600 12/01/2022 $273.75
13156601 12/01/2022 $273.75
13156602 12/01/2022 $273.75
13156606 12/01/2022 $273.75
13156653 12/01/2022 $273.75
291023 02/02/2023 Accounts
Payable
$2,043.54
Invoice Date Amount
230978 12/20/2022 $1,613.13
231053 01/05/2023 $430.41
291024 02/02/2023 Accounts
Payable
$1,556.19
Invoice Date Amount
200462620 12/21/2022 $780.75
200462721 12/27/2022 $97.02
200463835 01/06/2023 $539.72
TIRES FOR CITY EQUIPMENT
TIRES FOR CITY FLEET & EQUIPMENT
Daniels Tire Service
Description
TIRES FOR CITY EQUIPMENT
Description
GOPHER ABATEMENT FOR CITY PARKS 11/30/22
PESTICIDE WORKERS SAFETY TRAINING 12/15/22
ECOFLEXX VINYL PRODUCTION
ECOFLEXX VINYL PRODUCTION
County of LA, Agricultural Comm, Weights & Measure
ECOFLEXX VINYL PRODUCTION
ECOFLEXX VINYL PRODUCTION
ECOFLEXX VINYL PRODUCTION
ECOFLEXX VINYL PRODUCTION
ECOFLEXX VINYL PRODUCTION
ECOFLEXX VINYL PRODUCTION
PURCHASE AND SERVICES OF AED CITYWIDE
Clear Channel Outdoor
Description
PURCHASE AND SERVICES OF AED CITYWIDE
PURCHASE AND SERVICES OF AED CITYWIDE
PURCHASE AND SERVICES OF AED CITYWIDE
Description
PURCHASE AND SERVICES OF AED CITYWIDE
PURCHASE AND SERVICES OF AED CITYWIDE
CINTAS CORP.
user: April Zamora Pages: 12 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
200463835-A 01/06/2023 $138.70
291025 02/02/2023 Accounts
Payable
$480.00
Invoice Date Amount
422427 01/13/2023 $480.00
291026 02/02/2023 Accounts
Payable
$480.00
Invoice Date Amount
9763 01/04/2023 $480.00
291027 02/02/2023 Accounts
Payable
$2,083.00
Invoice Date Amount
10625 12/22/2022 $2,083.00
291028 02/02/2023 Accounts
Payable
$325.00
Invoice Date Amount
364264 01/20/2023 $325.00
291029 02/02/2023 Accounts
Payable
$580.23
Invoice Date Amount
18440123 12/19/2022 $89.65
18463699 12/22/2022 $490.58
291030 02/02/2023 Accounts
Payable
$37.80
Invoice Date Amount
5209 12/30/2022 $37.80
291031 02/02/2023 Accounts
Payable
$2,895.00
Invoice Date Amount
CITY FLEET CAR WASHES DECEMBER 2022
FEHR & PEERS
Description
IRRIGATION SUPPLIES
Fast 5 Pico Rivera 5, LLC
Description
Ewing Irrigation Products Inc
Description
IRRIGATION SUPPLIES FOR PARKS
Empower Trust Company, LLC, previous: Great-West
Description
10/1/22-12/31/22, CARES & SECURE AMENDMENT
E Source Companies LLC
Description
WATER AUDIT VALIDATION
Donnoe & Associates, Inc.
Description
EA EXAM RENTAL 1/5/23-1/19/23
David Volz Design Landscape Architects, Inc
Description
PROFESSIONAL SVCS THROUGH 12/31/22, WHITTIER BL LANDSCAPE MEDIAN
TIRES FOR CITY FLEET & EQUIPMENT
user: April Zamora Pages: 13 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
159452 10/19/2022 $2,895.00
291032 02/02/2023 Accounts
Payable
$50.00
Invoice Date Amount
020223 02/02/2023 $50.00
291033 02/02/2023 Accounts
Payable
$524.98
Invoice Date Amount
2023REIMWTROP-AG 01/26/2023 $524.98
291034 02/02/2023 Accounts
Payable
$500.00
Invoice Date Amount
0423EMPAPPRE-INO 02/01/2023 $500.00
291035 02/02/2023 Accounts
Payable
$12,004.25
Invoice Date Amount
BI 14405 12/05/2022 $840.00
BI 14427 01/10/2023 $500.00
PC 6472 12/05/2022 $10,664.25
291036 02/02/2023 Accounts
Payable
$1,250.00
Invoice Date Amount
284506 01/20/2023 $1,250.00
291037 02/02/2023 Accounts
Payable
$7,103.79
Invoice Date Amount
231802EC 01/17/2023 $7,103.79
291038 02/02/2023 Accounts
Payable
Levying Officer $57.25
LA County Sheriffs Department
Description
HELICOPTER SERVICE DECEMBER 2022
Keenan & Associates
Description
BENEFIT BRIDGE FEE JANUARY 2023, INSTALLMENT 7
PROFESSIONAL SVCS NOVEMBER 2022
PROFESSIONAL SVCS DECEMBER 2022
PROFESSIONAL SVCS NOVEMBER 2022
DEPOSIT FOR EMPLOYEE APPRECIATION CATERING 4/12/23
Jas Pacific, Inc.
Description
D3 WATER DISTRIBUTION OPERATOR LIC REIMBURSEMENT
In-N-Out Burger
Description
EMPLOYEE DEDUCTION FOR P/E 01/27/23
Gonzalez, Alexander
Description
PROFESSIONAL SVCS 8/27/22-9/30/22, PR VMT ANALYSIS
Franchise Tax Board
Description
user: April Zamora Pages: 14 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
Invoice Date Amount
020223 02/02/2023 $57.25
291039 02/02/2023 Accounts
Payable
$2,000.00
Invoice Date Amount
4926-AR12844 01/11/2023 $2,000.00
291040 02/02/2023 Accounts
Payable
$16,000.00
Invoice Date Amount
PICO2202-01 01/23/2023 $16,000.00
291041 02/02/2023 Accounts
Payable
$342.13
Invoice Date Amount
020123 02/02/2023 $342.13
291042 02/02/2023 Accounts
Payable
$183.71
Invoice Date Amount
E 677717 06/21/2022 $183.71
291043 02/02/2023 Accounts
Payable
$99.00
Invoice Date Amount
2023REIMWTROP-RF 01/26/2023 $99.00
291044 02/02/2023 Accounts
Payable
$72.00
Invoice Date Amount
020223 02/02/2023 $72.00
291045 02/02/2023 Accounts
Payable
$2,555.48
Invoice Date Amount
Standard Insurance Company
Description
SEIU Local 721-COPE
Description
COPE FEES FOR P/E 01/27/23
Raymundo A. Flores
Description
WATER TREATMENT OPERATER CERT ENROLLMENT FEES, REIMBURSE Powerstride Battery Co. Inc.
Description
MECHANIC SHOP SUPPLIES
NUFIC
Description
SUPPLEMENTAL LIFE INSURANCE FOR FEBRUARY 2023
NCM Engineering Corporation
Description
PROFESSIONAL SVCS THROUGH 11/30/22, I605/OBREGON ST OVERCROSSING Metropolitan Transportation Commission
Description
ANNUAL SUBSCRIPTION SOFTWARE
Description
EMPLOYEE DEDUCTION FOR P/E 01/27/23
user: April Zamora Pages: 15 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
020123 02/02/2023 $2,555.48
291046 02/02/2023 Accounts
Payable
$463.05
Invoice Date Amount
20802 11/15/2022 $463.05
291047 02/02/2023 Accounts
Payable
$647.50
Invoice Date Amount
1156 01/02/2023 $647.50
291048 02/02/2023 Accounts
Payable
$259.15
Invoice Date Amount
020123 02/02/2023 $259.15
291049 02/02/2023 Utility
Management
Refund
$20.34
291050 02/02/2023 Utility
Management
Refund
$310.85
291051 02/02/2023 Utility
Management
Refund
$53.31
291052 02/02/2023 Utility
Management
Refund
$64.90
291053 02/02/2023 Utility
Management
Refund
$118.85
291054 02/02/2023 Utility
Management
Refund
$41.32
291055 02/02/2023 Utility
Management
Refund
REYES CONSTRUCTION INC. $1,186.45
HERNANDEZ, DANIEL
MEJIA, RAQUEL
PENATE CASTILLO, MARIO, ALBERTO
BERMUDEZ, CLAUDIA
CLAT INDUSTRY LLC
GOMEZ, RAMONA
Western Dental Services, Inc.
Description
DENTAL SERVICES (DHMO) FOR FEBRUARY 2023
TKM ENGINEERING
Description
PROFESSIONAL SVCS 12/6/22-12/21/22, LRSP
The Flag Shop
Description
FLAGS FOR VETERANS MONUMENT
VISION SERVICES FOR FEBRUARY 2023
user: April Zamora Pages: 16 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
291056 02/02/2023 Utility
Management
Refund
$60.76
291057 02/02/2023 Utility
Management
Refund
$254.04
104
Transactions
$1,622,681.70
11056 12/01/2022 Accounts
Payable
$283.82
Invoice Date Amount
0514144111122 11/11/2022 $283.82
11057 12/02/2022 Accounts
Payable
$471.11
Invoice Date Amount
11/07/2022 11/07/2022 $471.11
11058 12/05/2022 Accounts
Payable
$5.56
Invoice Date Amount
0043987111622 11/16/2022 $5.56
11059 12/05/2022 Accounts
Payable
$109.98
Invoice Date Amount
0043946111622 11/16/2022 $109.98
11060 12/05/2022 Accounts
Payable
$1,897.30
Invoice Date Amount
10/21/2022 10/21/2022 $1,897.30
T-Mobile USA, Inc
Description
Description
RADIO & TELECOMMUNICATION FOR NOVEMBER 2022
Time Warner Cable
Time Warner Cable
Description
RADIO & TELECOMMUNICATION FOR SEPTEMBER 2022
RADIO & TELECOMMUNICATION FOR NOVEMBER 2022
Description
RADIO & TELECOMMUNICATION FOR NOVEMBER 2022
RADIO & TELECOMMUNICATION FOR NOVEMBER 2022
Frontier California
Description
Time Warner Cable
Check Totals:
EFT
SANTOS, MATTHEW
TEXTON CONSTRUCTION
user: April Zamora Pages: 17 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
11061 12/06/2022 Accounts
Payable
$38.01
Invoice Date Amount
9920488476 11/12/2022 $38.01
11062 12/06/2022 Accounts
Payable
$337.23
Invoice Date Amount
9920488475 11/12/2022 $337.23
11063 12/06/2022 Accounts
Payable
$203.01
Invoice Date Amount
9920488477 11/12/2022 $203.01
11064 12/06/2022 Accounts
Payable
$1,783.46
Invoice Date Amount
11/10/22 11/10/2022 $1,783.46
11065 12/06/2022 Accounts
Payable
$203.99
Invoice Date Amount
11/09/2022 11/09/2022 $203.99
11066 12/08/2022 Accounts
Payable
$134.98
Invoice Date Amount
0479322112022 11/20/2022 $134.98
11067 12/08/2022 Accounts
Payable
$547.39
Invoice Date Amount
11/13/22 11/13/2022 $547.39
Verizon Wireless
Description
Frontier California
Description
So Calif Gas Company
Verizon Wireless
Description
Verizon Wireless
Frontier California
Description
RADIO & TELECOMMUNICATION FOR NOVEMBER 2022
Time Warner Cable
Description
RADIO & TELECOMMUNICATION FOR NOVEMBER 2022
Description
UTILITIES FOR OCTOBER 2022
RADIO & TELECOMMUNICATION FOR NOVEMBER 2022
RADIO & TELECOMMUNICATION FOR OCTOBER 2022
RADIO & TELECOMMUNICATION FOR OCTOBER 2022
Description
RADIO & TELECOMMUNICATION FOR OCTOBER 2022
user: April Zamora Pages: 18 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
11068 12/08/2022 Accounts
Payable
$13.86
Invoice Date Amount
11/17/22 11/17/2022 $13.86
11069 12/13/2022 Accounts
Payable
$474.75
Invoice Date Amount
11/16/22 11/16/2022 $474.75
11070 12/15/2022 Accounts
Payable
$4.40
Invoice Date Amount
9921154638 11/21/2022 $4.40
11071 12/20/2022 Accounts
Payable
$153.59
Invoice Date Amount
11/25/22 11/25/2022 $153.59
11072 12/23/2022 Accounts
Payable
$114.99
Invoice Date Amount
0477706120522 12/05/2022 $114.99
11073 12/14/2022 Accounts
Payable
$336.78
Invoice Date Amount
11/23/22 11/23/2022 $336.78
11074 12/14/2022 Accounts
Payable
$599.67
Invoice Date Amount
11/19/22 11/19/2022 RADIO & TELECOMMUNICATION FOR NOVEMBER 2022 $599.67 Frontier California
Description
UTILITIES FOR OCTOBER 2022
So Calif Edison Company
Description
Time Warner Cable
Description
RADIO & TELECOMMUNICATION FOR DECEMBER 2022
Frontier California
Description
RADIO & TELECOMMUNICATION FOR NOVEMBER 2022
Verizon Wireless
Description
RADIO & TELECOMMUNICATION FOR OCTOBER 2022
Frontier California
Description
RADIO & TELECOMMUNICATION FOR NOVEMBER 2022
So Calif Edison Company
Description
UTILITIES FOR OCTOBER 2022
user: April Zamora Pages: 19 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
11075 12/16/2022 Accounts
Payable
$5,561.02
Invoice Date Amount
11/22/22 11/22/2022 $5,561.02
11076 12/16/2022 Accounts
Payable
$7.79
Invoice Date Amount
11/23/22A 11/23/2022 $7.79
11077 12/16/2022 Accounts
Payable
$4,802.79
Invoice Date Amount
11/23/22B 11/23/2022 $4,802.79
11078 12/09/2022 Accounts
Payable
$112.18
Invoice Date Amount
11/17/22A 11/17/2022 $112.18
11079 12/09/2022 Accounts
Payable
$308.13
Invoice Date Amount
11/17/22B 11/17/2022 $308.13
11080 12/09/2022 Accounts
Payable
$174.50
Invoice Date Amount
11/17/22C 11/17/2022 $174.50
11081 12/09/2022 Accounts
Payable
$271.73
Invoice Date Amount
11/17/22D 11/17/2022 UTILITIES FOR OCTOBER 2022 $271.73 Description
So Calif Edison Company
So Calif Edison Company
Description
UTILITIES FOR OCTOBER 2022
UTILITIES FOR OCTOBER 2022
So Calif Edison Company
Description
UTILITIES FOR OCTOBER 2022
So Calif Edison Company
Description
UTILITIES FOR OCTOBER 2022
So Calif Edison Company
Description
UTILITIES FOR OCTOBER 2022
So Calif Edison Company
Description
UTILITIES FOR OCTOBER 2022
So Calif Edison Company
Description
user: April Zamora Pages: 20 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
11082 12/09/2022 Accounts
Payable
$34,092.24
Invoice Date Amount
11/18/22 11/18/2022 $34,092.24
11083 12/09/2022 Accounts
Payable
$16.66
Invoice Date Amount
11/18/22A 11/18/2022 $16.66
11084 12/28/2022 Accounts
Payable
$154.93
Invoice Date Amount
12/01/22 12/01/2022 $154.93
11085 12/28/2022 Accounts
Payable
$2,369.45
Invoice Date Amount
12/06/22 12/06/2022 $2,369.45
11086 12/07/2022 Accounts
Payable
$1,668.69
Invoice Date Amount
12/07/22 12/07/2022 $1,668.69
11087 12/22/2022 Accounts
Payable
$1,481.56
Invoice Date Amount
12/01/22 12/01/2022 $1,481.56
11088 12/19/2022 Accounts
Payable
$849.00
Invoice Date Amount
0304165112822 11/28/2022 $849.00
Description
UTILITIES FOR DECEMBER 2022
Time Warner Cable
So Calif Edison Company
UTILITIES FOR OCTOBER 2022
So Calif Edison Company
UTILITIES FOR OCTOBER 2022
Description
RADIO & TELECOMMUNICATION FOR DECEMBER 2022
WATER SVC-9536 BRADGATE DR
So Calif Gas Company
UTILITIES FOR NOVEMBER 2022
City of Pico Rivera
Description
RADIO & TELECOMMUNICATION FOR DECEMBER 2022
So Calif Edison Company
Description
Description
Frontier California
Description
Description
user: April Zamora Pages: 21 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
11089 12/19/2022 Accounts
Payable
$40.41
Invoice Date Amount
0033616120122 12/01/2022 $40.41
11090 12/19/2022 Accounts
Payable
$80.51
Invoice Date Amount
12/16/22 12/16/2022 $80.51
11091 12/19/2022 Accounts
Payable
$116.29
Invoice Date Amount
12/16/22A 12/16/2022 $116.29
11092 12/19/2022 Accounts
Payable
$119.40
Invoice Date Amount
11/28/22 11/28/2022 $119.40
11093 12/21/2022 Accounts
Payable
$11.15
Invoice Date Amount
0393366120322 12/03/2022 $11.15
11094 12/21/2022 Accounts
Payable
$847.90
Invoice Date Amount
11/29/22 11/29/2022 $847.90
11095 01/19/2023 Accounts
Payable
$6,520.92
Invoice Date Amount
8001 11/21/2022 $947.03
Time Warner Cable
So Calif Gas Company
PLUMBING SUPPLIES FOR SMITH PARK
UTILITIES FOR DECEMBER 2022
A. M. Plumbing Supply
Description
RADIO & TELECOMMUNICATION FOR DECEMBER 2022
So Calif Gas Company
Description
Description
Time Warner Cable
UTILITIES FOR DECEMBER 2022
Description
Frontier California
Description
RADIO & TELECOMMUNICATION FOR DECEMBER 2022
Frontier California
Description
RADIO & TELECOMMUNICATION FOR DECEMBER 2022
Description
RADIO & TELECOMMUNICATION FOR DECEMBER 2022
user: April Zamora Pages: 22 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
8002 11/21/2022 $991.13
8003 11/29/2022 $988.35
8005 11/29/2022 $148.78
8067 12/12/2022 $848.66
8070 12/19/2022 $1,190.44
8071 12/20/2022 $1,058.14
8077 12/22/2022 $348.39
11096 01/19/2023 Accounts
Payable
$1,435.45
Invoice Date Amount
315428-00 10/07/2022 $507.65
315935-00 01/06/2023 $762.67
315983-00 01/06/2023 $281.32
900082622 08/26/2022 ($116.19)
11097 01/19/2023 Accounts
Payable
$8,945.00
Invoice Date Amount
17789773 12/30/2022 $8,945.00
11098 01/19/2023 Accounts
Payable
$860,966.45
Invoice Date Amount
22-0608 11/30/2022 $860,966.45
11099 01/19/2023 Accounts
Payable
$337.69
Invoice Date Amount
5860100824 12/15/2022 $337.69
11100 01/19/2023 Accounts
Payable
$270.00
Invoice Date Amount
Clinical Laboratory of San Bernardino Inc.
Description
Description
UNIFORM RENTAL SVCS
Description
DUAL MEDIA PFAS TREATMENT SYSTEM
Aramark
Description
HVAC SVCS DECEMBER 2022
Aqueous Vets, LLC
ELECTRICAL SUPPLIES
CREDIT TO ACCOUNT
ABM Building Solutions, LLC
Description
AAA Electrical Supply, Inc.
ELECTRICAL SUPPLIES FOR SMITH PARK
ELECTRICAL SUPPLIES FOR CITY YARD
PLUMBING SUPPLIES FOR UNIT 217
PLUMBING SUPPLIES FOR SMITH PARK
PLUMBING SUPPLIES FOR UNIT 262
PLUMBING SUPPLIES FOR UNIT 217
PLUMBING SUPPLIES FOR PICO PARK
PLUMBING SUPPLIES FOR SMITH PARK
PLUMBING SUPPLIES FOR SMITH PARK
user: April Zamora Pages: 23 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
2201922-PIC01 12/29/2022 $270.00
11101 01/19/2023 Accounts
Payable
$199.00
Invoice Date Amount
2301636 01/01/2023 $199.00
11102 01/19/2023 Accounts
Payable
$11,090.05
Invoice Date Amount
CL84644 12/10/2022 $3,880.66
CL84644-A 12/10/2022 $970.17
CL85333 12/20/2022 $4,991.38
CL85333-A 12/20/2022 $1,247.84
11103 01/19/2023 Accounts
Payable
$25,020.63
Invoice Date Amount
10643794425 01/09/2023 $25,020.63
11104 01/19/2023 Accounts
Payable
$2,043.10
Invoice Date Amount
BE005290418 01/19/2023 $2,043.10
11105 01/19/2023 Accounts
Payable
$345.12
Invoice Date Amount
28609 12/21/2022 $345.12
11106 01/19/2023 Accounts
Payable
$2,176.34
Invoice Date Amount
720982024 12/08/2022 $2,176.34
Corporate Image Marketing, Inc
Cosby Oil Company
Description
JANITORIAL SUPPLIES FOR CITY YARD
FLEET MAINTENANCE AND REPAIR
Home Depot
Description
Description
DIEGO'S AUTO REPAIR
Delta Dental (Delta Care)
Description
DENTAL SERVICES (DHMO) FOR JANUARY 2023
Description
DELL IT EQUIPMENT
Dell Marketing L.P.
FUEL FOR CITY VEHICLES WATER DIVISION 12/01/22-12/10/22 FUEL FOR CITY VEHICLES 12/11/22-12/20/22
FUEL FOR CITY VEHICLES WATER DIVISION 12/11/2022-12/20/22 FUEL FOR CITY VEHICLES 12/01/22-12/10/22
Description
SVC FEE FOR (800) GO PRIME DECEMBER 2022
WATER QUALITY SAMPLING
user: April Zamora Pages: 24 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
11107 01/19/2023 Accounts
Payable
$25.54
Invoice Date Amount
450200 01/10/2023 $25.54
11108 01/19/2023 Accounts
Payable
$1,347.50
Invoice Date Amount
010123 01/19/2023 $1,347.50
11109 01/19/2023 VOIDED 01/26/2023 Accounts
Payable
$25,018.75
Invoice Date Amount
0078553 12/19/2022 $12,342.25
0078803 12/29/2022 $12,676.50
11110 01/19/2023 Accounts
Payable
$9,482.88
Invoice Date Amount
010123 01/19/2023 $9,482.88
11111 01/19/2023 Accounts
Payable
$4,076.06
Invoice Date Amount
011923 01/19/2023 $4,076.06
11112 01/19/2023 Accounts
Payable
$1,040.04
Invoice Date Amount
011923 01/19/2023 $1,040.04
11113 01/19/2023 Accounts
Payable
$3,827.82
Invoice Date Amount
37528 12/21/2022 $3,827.82
Nationwide RS
Description
Ocean Blue Environmental Services, Inc
HAZARDOUS WASTE CLEAN UP, RIO HONDO SPREADING GROUNDS
Description
PROFESSIONAL SVCS 9/28/22-11/30/22, PR ROSEMEAD BL MEDIAN MSA-Dental Pool
Description
Nationwide Retirement Solutions
Description
CONTRACT USAGE CHARGE 12/10/22-1/9/23
Lincoln Financial Group
Description
SUPPLEMENTAL LIFE INSURANCE FOR JANUARY 2023
Description
PEHP BENEFIT/DEDUCTION FOR P/E 01/13/23
EMPLOYEE/EMPLOYER CONTRIBUTIONS FOR P/E 01/13/23 (401A) Description
DENTAL SERVICES (DPP0) FOR JANUARY 2023
PROFESSIONAL SVCS 9/30/22-11/30/22, PR MAJOR CORRIDORS MEDIAN Moore,Iacofano,Goltsman, Inc.
I Copy, Inc (ibe digital)
user: April Zamora Pages: 25 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
11114 01/19/2023 Accounts
Payable
$103.50
Invoice Date Amount
767827 12/21/2022 $103.50
11115 01/19/2023 Accounts
Payable
$650.00
Invoice Date Amount
011923 01/19/2023 $650.00
11116 01/19/2023 Accounts
Payable
$1,459.59
Invoice Date Amount
011923 01/19/2023 $1,439.34
011223 01/19/2023 $20.25
11117 01/19/2023 Accounts
Payable
$5,251.22
Invoice Date Amount
68693 12/30/2022 $855.36
68677 12/30/2022 $4,395.86
11118 01/19/2023 Accounts
Payable
$11,865.40
Invoice Date Amount
010123 01/19/2023 $11,865.40
11119 01/19/2023 Accounts
Payable
$801.63
Invoice Date Amount
5800 10/27/2022 $801.63
11120 01/19/2023 Accounts
Payable
$335.51
PDQ Rentals
Description
RETRACTABLE BANNER
The Sherwin-Williams Co.
Description
GROUP LIFE, STD & LTD PREMIUMS FOR JANUARY 2023
The Sauce Creative Services
MAINTENANCE AND OPERATION OF STREET LIGHTS
MAINTENANCE AND OPERATION OF STREET LIGHTS
The Lincoln National Life Insurance Company
Description
Tanko Streetlighting, Inc
Description
SEIU Local 721
UNION DUES FOR P/E 01/13/23
UNION DUES FOR P/E 01/13/23-SPECIAL CHECK
Description
PRMPCEA
UNION DUES FOR P/E 01/13/23
Description
PLANT MAINTENANCE AND REPAIR
user: April Zamora Pages: 26 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
Invoice Date Amount
2836-9 12/27/2022 $78.98
6860-5 12/21/2022 $129.70
2520-9 12/15/2022 $126.83
11121 01/19/2023 Accounts
Payable
$48,606.04
Invoice Date Amount
38973 12/15/2022 $48,606.04
11122 01/19/2023 Accounts
Payable
$179.86
Invoice Date Amount
790017232-019 12/30/2022 $87.19
790017233-019 12/22/2022 $92.67
11123 01/19/2023 Accounts
Payable
$1,980.66
Invoice Date Amount
73508735 12/16/2022 $211.69
73508736 12/16/2022 $207.71
73511667 12/19/2022 $516.76
73516289 12/28/2022 $108.34
73516290 12/28/2022 $160.01
73516291 12/28/2022 $468.08
73516292 12/28/2022 $308.07
11124 01/19/2023 Accounts
Payable
$122,280.72
Invoice Date Amount
3853-1122 11/30/2022 $122,280.72
11125 01/19/2023 Accounts
Payable
Waxie Sanitary Supply $1,783.33
Description
GROUND WATER PRODUCTION & ASSESSMENT NOVEMBER 2022
Water Replenishment District of So. California
ASPHALT FOR STREET DIVISION
ASPHALT FOR STREET DIVISION
ASPHALT FOR STREET DIVISION
ASPHALT FOR STREET DIVISION
ASPHALT FOR STREET DIVISION
ASPHALT FOR STREET DIVISION
ASPHALT FOR STREET DIVISION
REACH STORAGE
Vulcan Materials Co.
Description
United Rentals (North America), Inc
Description
REACH STORAGE
TRC ENGINEERS, INC
Description
PROFESSIONAL SVCS THROUGH 11/30/22, PR LANDSCAPE
Description
PAINT SUPPLIES FOR FACILITIES
PAINT SUPPLIES FOR PARKS
PAINT SUPPLIES FOR FACILITIES
user: April Zamora Pages: 27 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
Invoice Date Amount
81383836 12/14/2022 $814.79
81396863 12/20/2022 $968.54
11126 12/09/2022 Accounts
Payable
$1,877.93
Invoice Date Amount
2022NOVOFFICEDEP 11/30/2022 $1,877.93
11127 12/27/2022 Accounts
Payable
$1,894.88
Invoice Date Amount
11/21/2022 11/21/2022 $1,894.88
11128 12/27/2022 Accounts
Payable
$134.98
Invoice Date Amount
0478134120922 12/09/2022 $134.98
11129 12/27/2022 Accounts
Payable
$20,174.50
Invoice Date Amount
12/06/22A 12/06/2022 $20,174.50
11130 12/27/2022 Accounts
Payable
$430.60
Invoice Date Amount
12/06/22B 12/06/2022 $430.60
11131 12/27/2022 Accounts
Payable
$39.45
Invoice Date Amount
12/06/22C 12/06/2022 $39.45
Description
RADIO & TELECOMMUNICATION FOR OCTOBER 2022
Time Warner Cable
So Calif Edison Company
So Calif Edison Company
Description
UTILITIES FOR NOVEMBER 2022
So Calif Edison Company
Description
UTILITIES FOR NOVEMBER 2022
Description
UTILITIES FOR OCTOBER 2022
Description
RADIO & TELECOMMUNICATION FOR DECEMBER 2022
OFFICE SUPPLIES FOR NOVEMBER 2022
T-Mobile USA, Inc
JANITORIAL SUPPLIES FOR PARKS
Office Depot
Description
Description
JANITORIAL SUPPLIES FOR PARKS
user: April Zamora Pages: 28 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
11132 12/27/2022 Accounts
Payable
$16.87
Invoice Date Amount
12/06/22D 12/06/2022 $16.87
11133 12/27/2022 Accounts
Payable
$17,505.13
Invoice Date Amount
12/01/22 12/01/2022 $17,505.13
11134 12/27/2022 Accounts
Payable
$1,261.94
Invoice Date Amount
12/02/22 12/02/2022 $1,261.94
11135 12/27/2022 Accounts
Payable
$560.10
Invoice Date Amount
12/02/22A 12/02/2022 $560.10
11136 12/27/2022 Accounts
Payable
$230.25
Invoice Date Amount
12/02/22B 12/02/2022 $230.25
11137 12/27/2022 Accounts
Payable
$152.70
Invoice Date Amount
12/02/22C 12/02/2022 $152.70
11138 12/27/2022 Accounts
Payable
$122.34
Invoice Date Amount
12/02/22D 12/02/2022 $122.34
Description
UTILITIES FOR NOVEMBER 2022
Description
UTILITIES FOR NOVEMBER 2022
So Calif Gas Company
UTILITIES FOR NOVEMBER 2022
So Calif Gas Company
Description
Description
UTILITIES FOR NOVEMBER 2022
So Calif Gas Company
So Calif Gas Company
UTILITIES FOR NOVEMBER 2022
So Calif Gas Company
UTILITIES FOR NOVEMBER 2022
Description
So Calif Edison Company
Description
So Calif Edison Company
Description
UTILITIES FOR NOVEMBER 2022
user: April Zamora Pages: 29 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
11139 12/27/2022 Accounts
Payable
$99.18
Invoice Date Amount
12/02/22E 12/02/2022 $99.18
11140 12/27/2022 Accounts
Payable
$17.19
Invoice Date Amount
12/02/22F 12/02/2022 $17.19
11141 12/29/2022 Accounts
Payable
$8,594.60
Invoice Date Amount
12/04/22 12/04/2022 $8,594.60
Invoice Date Amount
0514144121122 12/11/2022 $283.82
11143 12/29/2022 Accounts
Payable
$25,363.43
Invoice Date Amount
12/08/22 12/08/2022 $25,363.43
11144 12/21/2022 Accounts
Payable
$4,660.68
Invoice Date Amount
2022NOVLOWE'S 12/02/2022 $4,660.68
11145 01/26/2023 Accounts
Payable
$7,259.09
Invoice Date Amount
CL85806 12/31/2022 $2,095.98
CL85806-A 12/31/2022 $524.00
CL86408 01/10/2023 $3,711.29
CL86408-A 01/10/2023 $927.82
FUEL FOR CITY VEHICLES 12/21/22-12/31/22
FUEL FOR CITY VEHICLES WATER DIVISION 12/21/22-12/31/22 FUEL FOR CITY VEHICLES 01/03/23-01/10/23
FUEL FOR CITY VEHICLES WATER DIVISION 01/13/23-01/10/23 Lowe's
Description
BUILDING MAINTENANCE SUPPLIES FOR NOVEMBER 2022
Cosby Oil Company
Description
Description
RADIO & TELECOMMUNICATION FOR DECEMBER 2022
So Calif Edison Company
Description
UTILITIES FOR NOVEMBER 2022
Description
UTILITIES FOR NOVEMBER 2022
Description
RADIO & TELECOMMUNICATION FOR DECEMBER 2022
Frontier California
So Calif Gas Company
UTILITIES FOR NOVEMBER 2022
So Calif Gas Company
Description
user: April Zamora Pages: 30 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
11146 01/26/2023 Accounts
Payable
$3,802.25
Invoice Date Amount
35718 12/23/2022 $2,508.35
35739 12/30/2022 $1,293.90
11147 01/26/2023 Accounts
Payable
$916.32
Invoice Date Amount
0469126 12/31/2022 $20.00
0469127 12/31/2022 $121.09
0469128 12/31/2022 $64.68
0469129 12/31/2022 $292.24
0469130 12/31/2022 $24.20
0469131 12/31/2022 $83.66
0469132 12/31/2022 $49.47
0469133 12/31/2022 $10.98
0470970 12/31/2022 $204.00
0470971 12/31/2022 $46.00
11148 01/26/2023 Accounts
Payable
$1,316.00
Invoice Date Amount
PR M108-A 01/05/2023 $1,316.00
11149 01/26/2023 Accounts
Payable
$6,753.06
Invoice Date Amount
45085 01/13/2023 $6,753.06
11150 01/26/2023 Accounts
Payable
$103.74
Invoice Date Amount
790017234-019 01/11/2023 $103.74
PROFESSIONAL SVCS THROUGH 12/31/22, 6TH CYCLE HOUSING ELEMENT United Rentals (North America), Inc
Description
REACH STORAGE
Nationwide Cost Recovery Services, LLC
Description
FORECLOSURE REGISTRATION FEES DECEMBER 2022
Rincon Consultants Inc
Description
MONTHLY FILE STORAGE PUBLIC WORKS DECEMBER 2022
MONTHLY FILE STORAGE BUILDING DECEMBER 2022
MONTHLY INITIAL MOVE-IN FEE DECEMBER 2022
MONTHLY SHREDDING AND BIN PICKUP DECEMBER 2022
BI-ANNUAL TEMP BIN AT YARD
MONTHLY ACCOUNT MAINTENANCE FEE DECEMBER 2022
MONTHLY FILE STORAGE CITY CLERK DECEMBER 2022
MONTHLY FILE STORAGE CED DECEMBER 2022
MONTHLY FILE STORAGE FINANCE DECEMBER 2022
MONTHLY FILE STORAGE PARKS & REC DECEMBER 2022
Description
LEGAL ADS - CIP 50067, OVERSIGHT BOARD
LEGAL ADS - CIP 50067, OVERSIGHT BOARD
GRM Information Management Services, Inc
Description
Eastern County Newspaper Group, Inc.
user: April Zamora Pages: 31 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
11151 01/26/2023 Accounts
Payable
$270.00
Invoice Date Amount
MVAR-WWK2-23 01/17/2023 $90.00
MVAR-WWK3-23 01/23/2023 $180.00
11152 02/02/2023 Accounts
Payable
$3,570.66
Invoice Date Amount
8068 12/19/2022 $1,080.45
8069 12/19/2022 $1,080.45
8110 01/05/2023 $385.82
8111 01/05/2023 $925.84
8112 01/05/2023 $98.10
11153 02/02/2023 Accounts
Payable
$12,500.00
Invoice Date Amount
17615885 10/31/2022 $8,945.00
17727098 11/30/2022 $3,555.00
11154 02/02/2023 Accounts
Payable
$7,500.00
Invoice Date Amount
8020-B 10/12/2022 $557.50
8098 11/28/2022 $6,942.50
11155 02/02/2023 Accounts
Payable
$1,682.59
Invoice Date Amount
5860057172 09/01/2022 $334.82
5860069280 09/29/2022 $334.70
5860103827 12/22/2022 $337.69
5860106686 12/29/2022 $337.69
UNIFORM RENTAL SVCS
UNIFORM RENTAL SVCS
UNIFORM RENTAL SVCS
UNIFORM RENTAL SVCS
Description
PROFESSIONAL SVCS SEPT. 2022, BUSINESS GRANT PROGRAM L.A. COUNTY PROFESSIONAL SVCS OCTOBER 2022, BUSINESS GRANT PROGRAM
Aramark
Description
ABM Building Solutions, LLC
Description
HVAC SVCS OCTOBER 2022
AC UNIT REPAIR
Advanced Avant-Garde Corp.
PLUMBING SUPPLIES FOR PICO PARK
PLUMBING SUPPLIES FOR PICO PARK
PLUMBING SUPPLIES FOR PICO PARK
PLUMBING SUPPLIES FOR PARKS
PLUMBING STOCK SUPPLIES
Description
OFFICIATING SERVICES 1/13/23
OFFICIATING SERVICES 1/20/23 & 1/21/23
A. M. Plumbing Supply
Description
Varos, Michael
user: April Zamora Pages: 32 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
5860109537 01/05/2023 $337.69
11156 02/02/2023 Accounts
Payable
$61,502.72
Invoice Date Amount
22101327 10/18/2022 $50,989.15
22111227 11/15/2022 $724.88
22121193 12/13/2022 $9,788.69
11157 02/02/2023 Accounts
Payable
$308.92
Invoice Date Amount
IN1319857 01/26/2023 $308.92
11158 02/02/2023 Accounts
Payable
$470.40
Invoice Date Amount
144838 01/26/2023 $470.40
11159 02/02/2023 Accounts
Payable
$53.64
Invoice Date Amount
28686 01/11/2023 $53.64
11160 02/02/2023 Accounts
Payable
$4,530.04
Invoice Date Amount
2023STUDYTELEGRD 11/18/2022 $4,530.04
11161 02/02/2023 Accounts
Payable
$7,827.31
Invoice Date Amount
18223 12/30/2022 $7,827.31
11162 02/02/2023 Accounts
Payable
Home Depot $1,833.14
Description
22/23 TELEGRAPH RD COMPLETE STREET STUDY
GENERAL BUILDING MANAGEMENT
Description
JANITORIAL SERVICES DECEMBER 2022
NIPPON KEMPO KARATE CLASS 1/10/23-1/31/23
DIEGO'S AUTO REPAIR
Description
MAINTENANCE AND REPAIR OF UNIT 126
GATEWAY CITIES COUNCIL OF GOVERNMENTS
Carahsoft Technology Corporation
Description
INCOME VERIFICATION SECTION 8 OCTOBER 2022
Cobian, Sr., Luis
Description
BKF Engineers
Description
PROFESSIONAL SVCS 8/22/22-9/25/22, PR REGIONAL BIKEWAY
PROFESSIONAL SVCS 9/26/22-10/23/22, PR REGIONAL BIKEWAY PROFESSIONAL SVCS 10/24/22-11/27/22, PR REGIONAL BIKEWAY
UNIFORM RENTAL SVCS
user: April Zamora Pages: 33 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
Invoice Date Amount
723006276 12/21/2022 $1,259.89
723006284 12/21/2022 $502.03
723668182 12/27/2022 $71.22
11163 02/02/2023 Accounts
Payable
$1,111.25
Invoice Date Amount
PR1MS412210 12/22/2022 $1,111.25
11164 02/02/2023 Accounts
Payable
$20,475.00
Invoice Date Amount
100822 12/31/2022 $20,475.00
11165 02/02/2023 Accounts
Payable
$289,579.23
Invoice Date Amount
2023FEBRUBFEES 02/01/2023 $289,579.23
11166 02/02/2023 Accounts
Payable
$101,741.86
Invoice Date Amount
32953 12/31/2022 $7,755.40
32931 01/15/2023 $17,307.93
32867 12/31/2022 $25,151.06
32930 01/15/2023 $51,527.47
11167 02/02/2023 Accounts
Payable
$4,841.80
Invoice Date Amount
020223 02/02/2023 $4,841.80
11168 02/02/2023 Accounts
Payable
$1,040.04
Nationwide Retirement Solutions
Description
EMPLOYEE/EMPLOYER CONTRIBUTIONS FOR P/E 01/27/23 (401A) Nationwide RS
Description
FUEL ADJUSTMENT DECEMBER 2022
BUS SHELTER MAINTENANCE JANUARY 2023
GRAFFITI ABATEMENT DECEMBER 2022
STREET SWEEPING SERVICES JANUARY 2023
LANDSCAPING SERVICES DECEMBER 2022
NASA Services Inc
Description
RUBBISH ASSESSMENT FOR FEBRUARY 2023
Nationwide Environmental Services
John L Hunter & Associates Inc.
Description
PROFESSIONAL SVCS OCTOBER 2022, NPDES PROGRAM SVCS
Mariposa Landscapes, Inc
Description
Description
JANITORIAL SUPPLIES
JANITORIAL SUPPLIES
JANITORIAL SUPPLIES
user: April Zamora Pages: 34 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
Invoice Date Amount
020223 02/02/2023 $1,040.04
11169 02/02/2023 Accounts
Payable
$663.00
Invoice Date Amount
020223 02/02/2023 $663.00
11170 02/02/2023 Accounts
Payable
$1,242.02
Invoice Date Amount
S100204683.001 12/22/2022 $1,242.02
11171 02/02/2023 Accounts
Payable
$27,080.64
Invoice Date Amount
283 01/22/2023 $27,080.64
11172 02/02/2023 Accounts
Payable
$1,432.35
Invoice Date Amount
020223 02/02/2023 $1,432.35
11173 02/02/2023 Accounts
Payable
$504.00
Invoice Date Amount
144831 01/26/2023 $504.00
11174 02/02/2023 Accounts
Payable
$454.40
Invoice Date Amount
144842 01/26/2023 $454.40
11175 02/02/2023 Accounts
Payable
$2,070.22
Invoice Date Description Amount
ZUMBA CLASS 1/10/23-1/31/23
SPINDOLA , DANIELLE, EILEEN
Description
BEGINNERS YOGA 1/9/23-1/30/23
The Sherwin-Williams Co.
SEIU Local 721
Description
UNION DUES FOR P/E 01/27/23
Silva, Luz
Description
Description
MAIN SERVICE AND REPAIR
S & S LaBarge Golf Inc
Description
PAYROLL 1/5/23-1/18/23
PEHP BENEFIT/DEDUCTION FOR P/E 01/27/23
PRMPCEA
Description
UNION DUES FOR P/E 01/27/23
S & J Supply Co., Inc.
Description
user: April Zamora Pages: 35 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
4834-8 12/29/2022 $406.38
4955-1 01/07/2023 ($304.78)
5019-5 01/11/2023 $343.09
6973-6 01/10/2023 $1,625.53
11176 02/02/2023 Accounts
Payable
$27,412.07
Invoice Date Amount
39236 01/12/2023 $27,412.07
11177 02/02/2023 Accounts
Payable
$7,166.66
Invoice Date Amount
111188 01/23/2023 $3,833.33
111184 01/21/2023 $3,333.33
11178 02/02/2023 Accounts
Payable
$2,637.52
Invoice Date Amount
73525184 01/11/2023 $568.45
73525185 01/11/2023 $161.99
73526584 01/13/2023 $467.09
73528744 01/18/2023 $309.06
73530993 01/20/2023 $302.11
73530994 01/20/2023 $308.07
73532885 01/23/2023 $520.75
11179 02/02/2023 Accounts
Payable
$18,011.25
Invoice Date Amount
00417819 10/19/2022 $11,481.50
00417826 10/19/2022 $2,625.00
00624750 01/20/2023 PROFESSIONAL SVCS THROUGH 12/30/22, CITY HALL EV $3,904.75
ASPHALT FOR STREET DIVISION
Willdan Engineering
Description
PROFESSIONAL SVCS THROUGH 9/30/22, PFAS WATER TREATMENT PROFESSIONAL SVCS THROUGH 9/30/22, ADA CITY HALL
ASPHALT FOR STREET DIVISION
ASPHALT FOR STREET DIVISION
ASPHALT FOR STREET DIVISION
ASPHALT FOR STREET DIVISION
ASPHALT FOR STREET DIVISION
CLAIMS ADMIN FEES FEBRUARY 2023
GENERAL LIABILITY FEES FEBRUARY 2023
Vulcan Materials Co.
Description
ASPHALT FOR STREET DIVISION
TRC ENGINEERS, INC
Description
PROFESSIONAL SVCS THROUGH 12/31/22, PR LANDSCAPE
Tristar Risk Management
Description
PAINT FOR GRAFFITI REMOVAL
CREDIT TO ACCOUNT
GRAFFITI REMOVAL SUPPLIES
GRAFFITI REMOVAL SUPPLIES
user: April Zamora Pages: 36 of 37 Thursday, February 2, 2023 Number Date Source
Transaction
Amount
City of Pico Rivera
AP Warrant Register 1/13/23-2/2/23
From Payment Date: 1/13/2023 - To Payment Date: 2/2/2023 Payee Name
125
Transactions
$1,933,349.77
CHECKS
EFTs
VOIDED
EFTs Totals
GRAND TOTAL
Transaction Amount
$1,622,681.70
Transaction Amount
$1,933,349.77
$25,018.75
$1,908,331.02
$3,531,012.72
EFT Totals:
user: April Zamora Pages: 37 of 37 Thursday, February 2, 2023 To: Mayor and City Council
From: City Manager
Meeting Date: February 14, 2023
Subject: SECOND READING – ADOPTION OF ORDINANCE NO.
1166 APPROVING ZONE RECLASSIFICATION NO. 325 TO
CHANGE THE ZONE DESIGNATION FROM COMMERCIAL
GENERAL AND MIXED-USE OVERLAY TO MERCURY
SPECIFIC PLAN AND ADOPTION OF ORDINANCE NO.
1167 APPROVING ZONE CODE AMENDMENT NO. 187
FOR THE DEVELOPMENT OF A 255-UNIT MIXED USE
PROJECT LOCATED AT 8825 WASHINGTON BOULEVARD
Recommendation:
1. Adopt Ordinance No. 1166 approving Zone Reclassification No. 325 changing the zone classification from Commercial General and Mixed-Use Overlay to Mercury Specific Plan; and
2. Adopt Ordinance No. 1167 approving Zone Code Amendment No. 187 incorporating the Mercury Specific Plan to the Pico Rivera Municipal Code.
Fiscal Impact:
There is no fiscal impact.
Discussion:
On January 24, 2023, the City Council introduced Ordinance No. 1166 for a first reading, approving Zone Reclassification No. 325 reclassifying the zoning of the property from Commercial General and Mixed-Use Overlay to Mercury Specific Plan. The City Council also introduced Ordinance No. 1167 for a first reading approving the incorporation of the Mercury Specific Plan to the Pico Rivera Municipal Code. The Zone Reclassification and Zone Code Amendment was part of the development of a 255-unit mixed use project on a 2.8-acre site located at 8825 Washington Boulevard. The Zone Reclassification and Zone Code Amendments are considered an ordinance amendment and require a second 3 CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 24, 2023 SECOND READING – ADOPTION OF ORDINANCE NO. 1166 APPROVING ZONE RECLASSIFICATION NO. 325 TO CHANGE THE ZONE DESIGNATION FROM
COMMERCIAL GENERAL AND MIXED-USE OVERLAY TO MERCURY SPECIFIC PLAN AND ADOPTION OF ORDINANCE NO. 1167 APPROVING ZONE CODE AMENDMENT NO. 187 FOR THE DEVELOPMENT OF A 255-UNIT MIXED USE PROJECT LOCATED AT 8825 WASHINGTON BOULEVARD
reading. The project applications included Conditional Use Permit (CUP) No. 746, General Plan Amendment No. 57 and approval a Mitigated Negative Declaration.
Mercury Bowl, LLC/Green Rivera, LLC representatives submitted entitlement applications for the approval of a 255 unit mixed-use, three (3) to six (6) story complex located at 8825 Washington Boulevard. The project site is 2.8 acres with a proposed density of 91 units/acre. The site is zoned Commercial-General (C-G) with a Mixed Use (M-U) overlay zone and a land use designation of Commercial (C). The development includes 4,785 of commercial space and 255 apartment units comprised of 35 studios, 159 one (1)- bedroom units, 57 two (2) bedroom units and four (4) three (3) bedroom units. The project will also be developed with 464 parking spaces of which 358 parking spaces will be designated to residents, 32 for guest spaces and 74 spaces for non-residential uses. The apartments are in a “wrap” configuration in which the apartments “wrap” around the parking structure. The ground floor will be shared by apartments and retail uses.
Amenities will include dog runs, decorative fountains, synthetic lawn games, and a roof deck with pool cabanas, tv, spa, game area and club room.
Planning Commission
On November 21, 2022, the Planning Commission voted 3-2 recommending approval of the project to the City Council. Twenty-three people spoke against the project citing concerns with affordability, parking, traffic, circulation, privacy, safety, increase in crime rates, overcrowding, declining property values, and construction impacts. A community petition was also submitted against the project garnering 325 signatures.
Environmental Analysis:
Pursuant to provisions of the California Environmental Quality Act and CEQA Guidelines, Section 15063, and following an Initial Study and environmental assessment of possible adverse impacts, the project will not have a significant effect on the environment because of the inclusion of certain mitigation measures which lessened potential adverse impacts to a level of less than significant. The CEQA analysis included air quality, greenhouse gas, geotechnical engineering, noise, vibration, tribal consultation, and transportation impact studies. Therefore, a Mitigated Negative Declaration was prepared with mitigation measures and monitoring program in accordance with the provisions of CEQA.
Conclusion:
Staff recommends the adoption of Ordinance No. 1166, approving Zone Reclassification CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 24, 2023 SECOND READING – ADOPTION OF ORDINANCE NO. 1166 APPROVING ZONE RECLASSIFICATION NO. 325 TO CHANGE THE ZONE DESIGNATION FROM
COMMERCIAL GENERAL AND MIXED-USE OVERLAY TO MERCURY SPECIFIC PLAN AND ADOPTION OF ORDINANCE NO. 1167 APPROVING ZONE CODE AMENDMENT NO. 187 FOR THE DEVELOPMENT OF A 255-UNIT MIXED USE PROJECT LOCATED AT 8825 WASHINGTON BOULEVARD
No. 325 to change the zone designation to Mercury Specific Plan and adopt Ordinance No. 1167, amending the Mercury Specific Plan to the Pico Rivera Municipal Code. If adopted, Ordinance 1166 and Ordinance 1167 will become effective 30 days from the adoption date.
Steve Carmona
SC:JG:jj
Enclosures: 1) Ordinance No. 1166
2) Ordinance No. 1167
ORDINANCE NO. 1166
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, APPROVING A ZONE RECLASSIFICATION TO
CHANGE THE ZONE DESIGNATION FROM GENERAL COMMERCIAL
AND MIXED-USE OVERLAY ZONE TO MERCURY SPECIFIC PLAN TO
ALLOW FOR THE DEVELOPMENT OF THE PROPERTY AS A 255 UNIT MIXED-USE DEVELOPMENT AS SHOWN ON ATTACHMENT “A” AND
FURTHER DESIGNATED HEREIN AS ZONE RECLASSIFICATION NO.
325
WHEREAS, Section 18.62.230 of the Pico Rivera Municipal Code authorizes the City Council of the City of Pico Rivera, upon receipt of resolution from the Planning Commission of the City of Pico Rivera, upon holding a public hearing, upon hearing all testimony, upon examination and review of the investigative and staff reports and upon conclusion of public hearing to make such determinations and findings of fact as deemed necessary in the best interests of all parties involved and Planning Commission recommendation to approve Zone Reclassification No. 325 to change a zoning designation; and
WHEREAS, on November 21, 2022 the Planning Commission recommended to the City Council the adoption of Zone Reclassification No. 325; and WHEREAS, the City Council of the City of Pico Rivera conducted a public hearing to consider a Zone Reclassification to change the zoning designation from General Commercial (C-G) and Mixed-Use Overlay to Mercury Specific Plan for the property located at 8825 Washington Boulevard; and
WHEREAS, Zone Reclassification No. 325 is part of a project to construct a to develop a 255-unit mixed-use development (the “Project”); and WHEREAS, the City Council of the City of Pico Rivera has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing.
NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Pico Rivera as follows:
SECTION 1. The City Council hereby finds that the above recitals are true and correct and incorporates them as substantive part of its findings.
SECTION 2. Pursuant to provisions of the California Environmental Quality Act and CEQA Guidelines, Section 15063, and following an Initial Study and environmental assessment of possible adverse impacts, the project will not have a significant effect on the environment because of the inclusion of certain mitigation measures for which lessened potential adverse impacts to a level of less than significant. Therefore, a ENCLOSURE 1
3a
ORDINANCE NO. 1166
PAGE 2 OF 4
Mitigated Negative Declaration was prepared with mitigation measures and monitoring program in accordance with the provisions of CEQA. The Mitigated Negative Declaration and Mitigation Monitoring Program was adopted by the City Council pursuant to City Council Resolution No. 7243 on January 24, 2023.
SECTION 3. In accordance with Section 18.66.040 of the Pico Rivera Municipal Code, the Zone Reclassification of the herein described property at 8825 Washington Boulevard as more particularly described in Attachment “A” are hereby located within the Mercury Specific Plan and further designated herein as Zone Reclassification No. 325.
SECTION 4. The Zone Reclassification shall be in accordance with the provisions of the Zoning Ordinance adopted by the City Council of the City of Pico Rivera by Ordinance No. 534, adopted April 7, 1975.
SECTION 5. The City Council finds that Zone Reclassification No. 325 is consistent with the General Plan in that the zone change will facilitate a more viable development in order to increase housing opportunities within the surrounding area.
SECTION 6. The City Council hereby declares that it would have passed this ordinance sentence by sentence, paragraph by paragraph, and section by section and does hereby declare that the provisions of this ordinance are severable, and if, for any reasons, any sentence, paragraph, or section of this ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this ordinance.
SECTION 7. The City Clerk shall certify to the adoption of this ordinance. 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 adoption.
SECTION 8. The City Clerk shall certify the adoption of this ordinance and hereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this ___ day of _______ 2023.
_____________________________
Erik Lutz, Mayor
ORDINANCE NO. 1166
PAGE 3 OF 4
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. 1166 was adopted at a regular meeting of the City Council of the City of Pico Rivera, held on Tuesday, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________________
Anna M. Jerome, City Clerk
ORDINANCE NO. 1166
PAGE 4 OF 4
ATTACHMENT “A”
Assessor Parcel Number 6370-002-7018
ORDINANCE NO. 1167
AN ORDINANACE OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, ADDING CHAPTER 18.21, MERCURY SPECIFIC PLAN TO TITLE 18, ZONING, OF THE PICO RIVERA MUNICIPAL CODE WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws; and WHEREAS, comprehensive zoning regulations lie within the police power of the City; and
WHEREAS, the Municipal Code contains language pertaining to Specific Plan 301 and Specific Plan 400.4; and
WHEREAS, the City wishes to add Chapter 18.21 to add the Mercury Specific Plan pertinent to the parcel located at 8825 Washington Boulevard; and WHEREAS, the Planning Commission of the City of Pico Rivera conducted a public hearing on the matter of amendments of the Municipal Code including sections of Title 18, Zoning at a legally noticed public hearing held on November 21, 2022; and WHEREAS, the City Council of the City of Pico Rivera desires to amend the Pico Rivera Municipal Code as set forth herein.
NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Pico Rivera as follows:
SECTION 1. The City Council hereby finds that the above recitals are true and correct and incorporates them as substantive part of its findings.
SECTION 2. Pursuant to provisions of the California Environmental Quality Act and CEQA Guidelines, Section 15063, and following an Initial Study and environmental assessment of possible adverse impacts, the project will not have a significant effect on the environment because of the inclusion of certain mitigation measures for which lessened potential adverse impacts to a level of less than significant. Therefore, a Mitigated Negative Declaration was prepared with mitigation measures and monitoring program in accordance with the provisions of CEQA. The Mitigated Negative Declaration and Mitigation Monitoring Program was adopted by the City Council pursuant to City Council Resolution No. 7243 on January 24, 2023.
SECTION 3. The City Council finds that the adding Chapter 18.21, Mercury Specific Plan to Title 18, Zoning, of the Pico Rivera Municipal Code is consistent with and is necessary to the general purpose and provisions of the Zoning Code and General Plan and should be approved by the City Council for the following reasons and findings:
ENCLOSURE 2
3b
ORDINANCE NO. 1167
PAGE 2 OF 8
a) The Pico Rivera Municipal Code codifies Specific Plan 301 and Specific Plan 400.4 for developments in the City and adding the Mercury Specific Plan is necessary for consistency within development standards as prescribed within the Mercury Specific Plan. The addition of the Mercury Specific Plan to the Municipal Code will clarify that a third Specific Plan has been adopted in the City’s history since its incorporation on January 19, 1958.
b) Chapter 18.21, Mercury Specific Plan has been added to provide standards for the orderly development that exceed the current maximums that are prescribed within the General Plan and Pico Rivera Municipal Code that facilitate the improvement and development of housing to make adequate provision for housing needs of the community. The development of the units will help to meet the overall housing goals for the State which include making available decent housing and a suitable living environment for every Californian, partnering with the private sector in an effort to expand housing opportunities, and recognizing that local governments have the responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provisions for housing needs of all economic segments of the community.
c) The proposed amendments are consistent with the spirit and integrity of the General Plan Policy 3.6-2 that encourages land development practices that reduce energy pollution and greenhouse gas emissions as this 255-unit mixed use development is within a central commercial corridor and is anticipated to lessen daily household trips due its proximity to key destinations. The subject site is also near bus transit Los Angeles County Metropolitan Authority (Metro) line 266 which travels along Rosemead Boulevard and Montebello 50 which travels along Washington Boulevard both having 30–35 minute bus intervals. Metro is exploring a light rail along Washington Boulevard for the extension of the Metro L (Gold Line) Eastside extension with a station stop at Rosemead Boulevard or a terminus at Greenwood Avenue in the City of Montebello which is approximately 1.4 miles from the subject parcel.
d) The proposed development is consistent with General Plan Policy 3.8-2 that promotes the use of vacant, underutilized and inefficient commercial uses for more economically productive purposes, including higher intensity mixed-use housing. The site operated between 1957 and 2018 as a bowling alley, banquet, hall night club and restaurant. The proposed use is consistent with the Policy 3.8-2 which will provide a higher intensity mixeduse development including 255 units and 4,785 square feet of commercial retail. The proposed development will also assist in meeting the General Plan’s Housing Element Regional Housing Needs Assessment by meeting the Above Moderate housing requirements. The Regional Housing Needs Assessment requires that the City plan for 430 Above Moderate Income ORDINANCE NO. 1167
PAGE 3 OF 8
units housing units. The project includes the development of 255 Above Moderate housing income units.
SECTION 4. Chapter 18.21, Mercury Specific Plan to Title 18 of the Zoning Ordinance of the Pico Rivera Municipal Code is hereby amended to read as follows:
18.21.010 Establishment
There is established a zone which shall hereinafter be known as the “Mercury Specific Plan Zone” (SP-Mercury) and which shall function and serve as set out in this chapter. Prior to commencement of any development within the subject planning area, approval of a master conditional use permit is required.
18.21.020 Scope and Purpose
The intent and purpose of the Mercury Specific Plan zone is to provide a comprehensive set of guidelines, regulations, and implementation programs to guide the future development of a 2.8-acre site located at 8825 Washington Boulevard. The primary objective of this specific plan is to ensure that the future development of this area is consistent with the objectives outlined in the City’s General Plan.
18.21.030 Land Use Development Standards
The Mercury Specific Plan provides for the following development components:
1. A 255-unit mixed-use development on a 2.8-acre site;
2. A common recreation area which should serve the residential development consisting of 47,465 square feet of common open space;
3. The development of commercial on the first floor with a minimum of 4,785 square feet to 5,500 square feet.
18.21.040 Urban Design Concepts and Development Standards
1. Building height shall not exceed:
70’ (floors 1-6, excluding roof parapet). Rooftop elements such as recreation facilities and infrastructure are allowed up to an additional 11’ excluding roof parapet or screening of rooftop mechanical equipment.
2. Building setbacks are shown in the Table below.
To provide a transition to the existing single-family residential neighborhood to the northwest, a reduction in building massing and activity at this residential ORDINANCE NO. 1167
PAGE 4 OF 8
interface has been accomplished through:
a) Reducing the building height to three stories or 36 feet at the residential interface then stepping up to four, five and six stories; and b) Reducing the horizontal and vertical mass of the building at this interface (at ground and upper levels); and
c) Locating rooftop recreation facilities to the southeast corner, away from the residential interface.
Setbacks to Property Boundary (Clockwise from Washington Blvd.) Minimum Setback
South 1 (Residential/Retail to Washington Boulevard property line) 10’ Southwest (Residential to existing commercial property line) 15’ South 2 (Residential to existing commercial property line) 10’ West 1 (Residential to existing commercial property line) 35’ West 2 (Residential to existing residential property line) 30’ North 1 (Residential to wall at Goodbee Street) 10’
North 2 (Residential to existing residential property line) 35’ North 3 (Residential to existing commercial property line) 40’ East (Retail to existing commercial property line including plaza, parking & drive aisle)
50’
3. Allowable projections into setbacks:
a) Architectural projections and overhangs may encroach into setback up to a maximum of 3 feet.
b) Minimum vertical clearance for ground level awnings and canopies shall be 8 feet if it is removable or retractable and 12 feet if it is fixed or permanent. c) Landscape and hardscape design elements and features such as trees, benches, trellises, fountains, planter boxes, walls and fences. Planters shall be designed to enhance the usable space. Large, tall planters can prevent optimal use of open space by making the space feel crowded. 18” high planters are optimal as edges can be used as seat walls. d) Seating areas for retail customers and the public (East side of building at the retail interface). Ideas for seating include: seat walls, planter ledges, free-standing elements, fountain borders, benches, movable seating, fixed seating and seating steps
4. Residential Standards
Minimum dwelling unit size:
a) Studio - 525 square feet
b) Jr. 1-Bedroom - 550 square feet
c) 1-Bedroom - 575 square feet
d) 2-Bedroom - 900 square feet
ORDINANCE NO. 1167
PAGE 5 OF 8
e) 3-Bedroom - 1,500 square feet
5. Private Open Space shall be a private balcony or patio, directly accessible to a residential dwelling unit, reserved for the private use of residents of the unit and their guests. Private balconies shall meet the minimum areas as shown in the table below.
Private Open Space
Unit Type Balcony Area/Unit (in square feet)
Minimum
Studio 60
Junior -1 Bedroom 60
1 Bedroom 70
2 Bedroom 75
3 Bedroom 150
6. Common Open Space areas are on the ground floor and rooftop pool/recreation area.
Common Open Space Areas Square Feet
Rooftop pool/Community Recreation 17,010
Ground Level Open Space (Resident &
Public)
28,770
7. Commercial Standards
Ground floor retail uses, exclusive of the lobby/leasing area may not exceed 5,500 square feet of leasable space. Canopies, retail related seating and portable signage may extend up to 5 feet beyond the retail facade on the eastern/retail facing edge where space allows such that a 5-foot clear walkway is maintained and pedestrian passage is not impeded. Portable signage may only be placed outside the place of business during business hours.
8. Parking
When calculating parking for the cumulative retail/ commercial uses, the square footage shall be rounded up, or down, to the nearest 250 square feet. All State standards for Accessible Parking (standard vehicle and van), Clean Air Vehicles and Electric Vehicle Charging Stations (EVCS) will be met in accordance with State law. The EVCS spaces will be installed, ready for use.
Unit Type Parking
Factor
No. of Units/Sq. Ft. Spaces
Required
Spaces
Provided
Studio 1 per unit 35 units 35
1 Bedroom 1.4 per unit 159 units 223
ORDINANCE NO. 1167
PAGE 6 OF 8
2 Bedroom 1.6 per unit 57 units 92
3 Bedroom 2 per unit 4 units 8
Guest 1 per 8 units 255 units 32
Leasing 1 per 250 sq.
ft.
1,750 sq. ft. 7
Retail 1 per 250 sq. ft 5,500 sq. ft. 22
USPS 1 1 1
Total
Parking
420 464
9. Bicycle Parking
a) Long Term - Tenant
Number of bicycle parking provided shall be a minimum of one space per thirtythree automobile parking spaces provided, rounded up to the nearest whole number with a minimum of 12 spaces (464 residential spaces divided by 33 = 14 spaces). A minimum of 42” shall be provided between rows of bicycle parking. At such time that demand for more than 14 spaces is evident, one of the extra car spaces near, or adjacent to, the bicycle parking area may be converted to bicycle parking.
b) Short Term-Tenant
Number of bicycle parking provided shall be 10% of long-term spaces. All bicycle parking intended for tenant use shall be located in the parking garage as close to the main building entrance as practical without obstructing pedestrian access and movement. All bicycle parking areas and racks shall be well lit and maintained regularly.
c) Long Term-Commercial/Retail
Visitor One space per 3,000 square feet of floor area. Location of spaces shall be adjacent or near commercial serving uses at grade and unobstructed. d) Short Term - Commercial/Retail Visitor
Number of bicycle parking spaces provided shall be one space per 4,000 square feet with a minimum of four bicycle parking spaces. These spaces shall be situated such that pedestrian movement is unobstructed. All bicycle parking areas and racks shall be well lit and maintained regularly.
18.21.050 Consistency and Compliance with Mercury Specific Plan All development shall be consistent with the provisions of Mercury Specific Plan, and shall comply with the land use plan, urban design plan and infrastructure plan ORDINANCE NO. 1167
PAGE 7 OF 8
contained in the Mercury Specific Plan.
18.21.060 Administration
A. The Community & Economic Development Director shall have the duty to enforce the provisions of the Mercury Specific Plan zone. Any use of a building or structure hereafter erected, built, maintained or used contrary to provisions of the SP-Mercury Zone is prohibited.
B. The Community and Economic Development Director shall have the duty to interpret the provisions of this SP-Mercury zone. All such interpretations shall be prepared in written form and should be permanently maintained. Any person aggrieved by such an interpretation may appeal the decision to the planning commission and if aggrieved by the planning commission, the decision may be appealed to the city council.
C. All development within the planning area should comply with the terms of the Mercury Specific Plan. However, upon application by the developer and upon good cause shown, the Community and Economic Development Director may allow minor variations from the urban design plan upon a finding that such variation is consistent with the design concepts contained in this Mercury Specific Plan. The decision of the Community and Economic Development Director may be appealed to the Planning Commission and City Council in the same manner as a conditional use permit.
SECTION 5. The City Council hereby declares that it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section and does hereby declare that the provisions of this Ordinance are severable, and if, for any reasons, any sentence, paragraph, or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.
SECTION 6. The City Clerk shall certify to the adoption of this Ordinance. The City Council hereby finds that there are not 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 days of its final passage and this Ordinance shall take effect thirty (30) days following its adoption.
[Signatures on the following page]
ORDINANCE NO. 1167
PAGE 8 OF 8
APPROVED AND ADOPTED this ___ day of _______ 2023.
_____________________________
Erik Lutz, Mayor
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. 1167 was adopted at a regular meeting of the City Council of the City of Pico Rivera, held on Tuesday, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________________
Anna M. Jerome, City Clerk
To: Mayor and City Council
From: City Manager
Meeting Date: February 14, 2023
Subject: SECOND READING - ADOPTION OF ORDINANCE NO.
1168 REMOVAL OF UNAUTHORIZED CONTAINER
PROVISIONS AND PROCEDURES
Recommendation:
1. Adopt Ordinance No. 1168 adding Section 8.12.470 through 8.12.560 to Chapter
8.12, “Garbage and Rubbish,” of Title 8, “Health and Safety,” of the Pico Rivera Municipal Code, which will be implemented through a majority vote of the City Council.
Fiscal Impact:
There is no impact on the General Fund. Adopting this ordinance may generate new revenue from fees and fines associated with removing unauthorized containers, of which the amount is unknown.
Background:
On January 24, 2023, the City Council introduced Ordinance No.1168 for a first reading.
Below is the substance of the agenda report for Ordinance No. 1168 as it appeared in the aforementioned meeting.
On October 11, 2022, the City Council directed the City Manager to address concerns related to the use and operation of unpermitted waste containers in the City of Pico Rivera, specifically requesting staff to remove bins that do not belong to NASA, the City’s waste hauler. The primary concerns relate to the growing number of unsightly and poorly maintained containers in the public Right-of-Way (ROW), impacting residents’ quality of life, public safety, and regulatory compliance with the State.
Additionally, the City Council is concerned about the exclusive collection rights established through the refuse collection franchise agreement between NASA and the City.
The franchise agreement between the City and NASA (Agreement No. 12-1290-3), specifically, Sections 2.8 (b) and (g), allows for self-hauling of solid waste, recyclables, 4 CITY COUNCIL AGENDA REPORT- MEETING OF FEBRUARY 14, 2023
SECOND READING AND ADOPTION OF REMOVAL OF UNAUTHORIZED
CONTAINERS PROVISIONS AND PROCEDURES ORDINANCE
organics, and finally, Construction and Demolition (C&D), with some limitations (further explained below). Staff is proposing a new ordinance that removes unauthorized containers from public view that complies with the existing franchise agreement between the City and NASA.
Discussion:
The proposed ordinance provides staff and respective contractors with the authority and tools to enforce provisions and procedures related to removing unauthorized waste containers and hauling within the City. The ordinance provides two (2) options the public can use for waste removal and diversion: 1) Contract directly with NASA or 2) Self-haul under specific circumstances. Finally, the ordinance outlines the process of removing containers that do not comply with NASA’s services or self-hauling provisions.
Self-Hauling Construction and Demolition (C&D) Material Section 2.8 (g) of Agreement No. 12-1290-3 allows for the self-hauling of C&D waste and debris but must meet all the following requirements:
• C&D material and debris are removed by a licensed construction or demolition company as part of a total service offered by the said company; • The licensed construction or demolition company must utilize its own equipment; and
• The licensed construction or demolition company performs the associated services in the city.
This definition of “self-hauler” prevents third-party waste haulers (e.g., competitors of NASA) from renting their equipment to contractors or residents, functioning as a proxy and jeopardizing the contractual obligations from the City to NASA.
Removal of Unauthorized Containers
The proposed ordinance aims to remove any container placed in the public ROW and private property not owned or operated by NASA or has not received the necessary permits from the City. The ordinance grants the City Manager the authority to immediately remove said unauthorized containers, dispose of waste found in the containers, store the containers, and recover the costs associated with removing the containers through fines and fees. If the owner of the container does not pay the imposed fines and fees, the City may recover the cost through the proceeds of auctioning the container. If the City does not recover all expenses through the auction process, the City will invoice the remaining amount to the owner of the container.
CITY COUNCIL AGENDA REPORT- MEETING OF FEBRUARY 14, 2023
SECOND READING AND ADOPTION OF REMOVAL OF UNAUTHORIZED
CONTAINERS PROVISIONS AND PROCEDURES ORDINANCE
Benefits of the Proposed Ordinance
The ordinance granting the City Manager the authority to remove unauthorized waste containers from the public ROW and private property will improve quality of life, health and safety and ensure compliance with State waste diversion regulations.
Quality of Life. The City has received several reports on unsightly and poorly maintained containers used for collecting C&D waste and debris, often in public view for long periods. Addressing the unsightliness of the unkept containers can contribute to preserving property values and be a source of community pride.
Health and Safety. Proper placement of large C&D containers in the public ROW is detrimental to vehicular and pedestrian safety. The improper placement of large containers can reduce visibility for drivers and passengers alike, increasing the risk of accidents. For this reason, the ordinance aims to improve safety by allowing NASA to properly place the containers or allow City staff to review and recommend the proper placement of said containers.
Compliance with State Regulations. Assembly Bill (AB) 939 required jurisdictions to meet diversion goals addressing waste from construction and demolition (C&D) sources. To meet AB 939 goals and requirements, jurisdictions like the City of Pico Rivera rely on accurately reporting waste diversion, usually through the contracted waste hauler. However, when an individual or private entity decides to improperly selfhaul, capturing waste diversion becomes increasingly difficult, jeopardizing the City’s ability to meet state goals. Limiting C&D waste collection to NASA or requiring contractors to register as self-haulers ensures compliance with state regulations and improves the City’s ability to meet state diversion goals.
Finally, should the City Council adopt the ordinance, staff will implement the ordinance by modifying the permitting process to include the self-hauling stipulations, giving the City the necessary tools to remove unauthorized containers from public view, including the public ROW and private property.
During the City Council meeting on January 24, 2023, staff presented city council members with concerns pertaining to the use and operation of unpermitted waste containers along with an ordinance resolution to address these concerns. After review, City Council have unanimously voted to adopt this new ordinance that removes unauthorized containers from public view that complies with the existing franchise agreement between the City and NASA.
Conclusion:
Staff recommends that the City Council adopt Ordinance No.1168 adding Sections
8.12.470 through 8.12.560 to Chapter 8.12, “Garbage and Rubbish,” of Title 8, “Health CITY COUNCIL AGENDA REPORT- MEETING OF FEBRUARY 14, 2023
SECOND READING AND ADOPTION OF REMOVAL OF UNAUTHORIZED
CONTAINERS PROVISIONS AND PROCEDURES ORDINANCE
and Safety,” of the Pico Rivera Municipal Code; establishing provisions and procedures for removing unauthorized waste containers in the City of Pico Rivera.
Steve Carmona
SC:AG:VHF:mvf:smc
Enclosures: 1) Ordinance No. 1168
ORDINANCE NO. 1168
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, ADDING SECTION 8.12.470 THROUGH 8.12.560 TO CHAPTER 8.12 OF TITLE 8 OF THE PICO RIVERA MUNICIPAL
CODE TO ESTABLISH THE REMOVAL OF UNAUTHORIZED
CONTAINERS PROVISIONS AND PROCEDURES IN THE CITY OF PICO RIVERA
WHEREAS, state recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS, the Pico Rivera Municipal Code section 8.12.020 defines “collection” as the operation of gathering together garbage, rubbish, and 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, the franchise agreement between the City of Pico Rivera and NASA Services allows for the self-hauling of waste, recyclables, and organics materials under specific circumstances; 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, state recycling law, Assembly Bill 341 of 2011 places requirements on businesses and multi-family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires local agencies to implement a Mandatory Commercial Recycling program; and WHEREAS, state organics recycling law, Assembly Bill 1826 of 2014 requires businesses and multi-family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires local agencies to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires local agencies to implement a Mandatory Commercial Organics Recycling program; and
Enclosure 1
4a
ORDINANCE NO. 1168
WHEREAS, state organics recycling law, Senate Bill 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016, took effect on January 1, 2017, and set Statewide Organic Waste disposal reduction targets of 50 percent by 2020 and 75 percent by 2025, based on the 2014 organics waste disposal baseline, set forth in Section 39730.6 of the Health and Safety Code, and requires California's Department of Resources Recycling and Recovery (CalRecycle) to develop regulations to reduce organics in landfills as a source of methane ("SB 1383 Regulations"); and WHEREAS, the SB 1383 Regulations place requirements on multiple entities, including counties, cities, residential households, Commercial Businesses (including Multi-Family Residential Dwellings), Commercial Edible Food Generators, haulers, SelfHaulers, Food Recovery Organizations, and Food Recovery Services to support the achievement of statewide Organic Waste disposal reduction targets with compliance required beginning January 1, 2022; and
WHEREAS, by January 1, 2022, the SB 1383 Regulations require local agencies to adopt and enforce an ordinance or other enforceable mechanisms to implement relevant provisions of the SB 1383 Regulations concerning the regulation of organic waste collection services, generators of organic waste, waste haulers, and generators and processors of edible food, together with enforcement mechanisms and administrative civil penalties for violations of local regulations; and WHEREAS, the City of Pico Rivera desires to establish provisions and procedures for the illegal collection of solid waste, recyclables, and organic materials 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 8.12.020 “Definitions,” in Chapter 8.12.560 “Garbage and Rubbish,” of Title 8, “Health and Safety,” is hereby amended and replaced as follows:
The definitions in this section shall govern the construction of this chapter.
A. "C&D Diversion Requirement" means the percentage of Construction and Demolition debris for each project that must be diverted from landfills.
B. "C&D Generator" means a residential or commercial entity that produces construction and demolition debris.
C. “Collection” means the operation of gathering together garbage, rubbish and waste material, and transporting the same to the point of disposal.
ORDINANCE NO. 1168
D. "Collector" means a solid waste collector with a written franchise, contract or permit for the collection of solid waste, issued as set forth in this chapter, including salvaging or salvage collecting.
E. “Commercial premises” means any property located within the boundaries of the city, occupied or used for any purpose other than residential uses with less than four dwelling units, authorized or permitted in the PA, C-N, C-C, C-G, CPD and C-M zones, under the provisions of Title 18 of the Pico Rivera Municipal Code, and those mobile home parks, rental housing projects, apartment houses and other multiple dwellings containing four or more dwelling units, where one contract for the collection of refuse for all units within such park, project, house or multiple dwelling is made by the management thereof on behalf of all units thereof.
F. “Container” means containers, whether residential, multi-family residential, commercial, industrial, or institutional, provided for temporary accumulation and collection of solid waste for removal from all premises located within the city.
Containers include but are not limited to, solid waste containers with capacity of at least one cubic yard and roll-off type service containers.
G. “Contractor” means the person entering into a contract with the city for the collection and disposal of garbage, rubbish and waste material.
H. “Disposal” means the complete operation of treating and disposing of the accumulations of rubbish, waste material and the products or residue arising from such treatment.
I. 1. “Exceptional materials” means those wastes and other materials not included in the definition of rubbish, garbage or waste material, including:
a. Any object not easily moved by one person, such as discarded automobile bodies, refrigerators, stoves or other bulky or heavy objects; or b. Waste material resulting from any manufacturing, building or construction operation;
c. Manure, offal, waste from any poultry yard or stable; d. Logs, stumps or limbs from trees exceeding four inches in diameter or three feet in length; and
e. Sod, dirt or similar material.
2. “Waste material,” as used in this subsection, shall be exclusive of that waste material defined in subsection M of this section.
ORDINANCE NO. 1168
J. “Garbage” means waste animal and vegetable matter of every kind and character, including such waste food, animal and vegetable matter as accumulates in hotels, restaurants, eating houses and private homes, in the kitchens and on the tables of such places; and also including such waste animal and vegetable matter as accumulates in meat markets, grocery stores and fruit and vegetable markets.
The particular designations herein shall not be deemed to exclude the general.
K. “Householder” means the owner or occupant of any residential dwelling.
L. “Industrial premises” means those premises upon which the primary and principal activities are of an industrial nature and which activities and uses fall within I-L and I-G zones, including those requiring conditional use permits.
M. “Person” means an individual, group of individuals, and/or any legal entity recognized by the laws of the state.
N. ”Refuse,” when used in this chapter without qualification, means any and all garbage, rubbish or waste material located upon or originating in or upon any residential or commercial property in the city, except materials expressly excluded from the terms of this chapter.
O. “Residential property” means any property occupied or used for any purpose authorized or permitted in the RE, SF, PUD and R-M zones under the provisions of Title 18 of the Pico Rivera Municipal Code, as may be amended from time to time, and located within the boundaries of the city, except as provided in the definition of commercial premises in subsection B of this section.
P. “Rubbish or waste material” means all solid waste consisting of both combustible and noncombustible waste, such as shrubbery and yard trimmings and clippings, grass, weeds, leaves, wood, chips, paper, pasteboard, cardboard, magazines, books, rubber, rags, carpets, bedding, clothing, boots, shoes, hats, straw, packing materials, glass, crockery, bottles, shelves, tin cans, metals, ashes, cinders, and other similar waste materials which ordinarily accumulated from the operation of a household or business.
Q. "Salvage" means refuse for which a permit to treat as Salvage has been obtained under this Chapter and which includes recyclable material. Salvage is source-separated recyclable materials consisting of source-separated commingled recyclable materials, sources-separated recyclable materials, and source-separated single-category recyclable materials.
R. "Salvage Collector" means any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing Salvage collection services including those who use third-party haulers.
ORDINANCE NO. 1168
S. "Salvage Generator" means any individual, partnership, joint venture, unincorporated private organization, or corporation which created, accumulates, imports, or causes to be imported into the City Salvage which is sold or given to a Salvage Collector.
T. "Self-hauler" means any individual, partnership, joint venture, unincorporated private organization, or private corporation engaged in salvaging that it creates, accumulates, imports, or causes to be imported into the City. Any person that self-hauls any solid waste or recyclables within the City without a valid permit shall be subject to all fines, fees, and penalties identified in this Chapter.
Furthermore, a Self-hauler of C&D waste debris must meet all of the following requirements to be considered a self-hauler:
1. C&D material and debris are removed by a licensed construction or demolition company as part of a total service offered by the said company;
2. The licensed construction or demolition company must utilize its own equipment; and
3. The licensed construction or demolition company performs the associated services in the city.
U. "Third Party Hauler" means any commercial carrier or common carrier who transports Salvage or recyclable material at the direction, request, or hiring of a Salvage collector.
SECTION 3. Section 8.12.470 through 8.12.560 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 Authorization required to collect.
No person, collector, or Salvage collector shall engage in the collection, caring, conveyance, Salvage, or transportation of any Solid Waste or Recyclable Material from or at any location within the limits of the City without the express written consent of the City Council by means of a franchise or permit granted by the City Council or, where authorized, the City Manager, pursuant to this Chapter or other provisions set forth in the City of Pico Rivera Municipal Code.
ORDINANCE NO. 1168
Section 8.12.480 Unauthorized containers.
It is unlawful for any person to utilize containers for the collection, deposit or transport of Solid Waste, commercial Solid Waste, Construction, Demolition and Deconstruction debris, Green Waste, or other Solid Waste unless such containers have been issued by the Collector. It is unlawful for any person to utilize containers for the collection, deposit, or transfer of Recyclable Material or other Solid Waste or Recyclable Solid Waste unless such containers have been issued by the Collector or a Salvage Collector authorized by the City Manager to issue such containers. Such containers shall be subject to removal as set forth in Section
8.12.520
Section 8.12.490 Enforcement.
Pursuant to California Penal Code Section 836.5, the City Manager, persons designated by the City Manager, and all City code enforcement officers are hereby authorized to enforce the provisions of this Chapter as well as those of California Penal Code Sections 373 (a), 374.2, 374.3, 374.4, and 375; California Government Code Section 68055 et seq.; and California Vehicle Code Sections 374.7, 374.8, 23111 and 23112. The City Manager may promulgate administrative regulations to provide those integrated waste management services which are not specifically provided for in this Chapter.
Section 8.12.500 Violation.
Violations of this Chapter are punishable as set forth in Chapter 1.20 of this code.
Section 8.12.510 Civil action by collector.
Nothing in this Chapter shall be deemed to limit the right of a collector to bring a civil action against any person who violates this Chapter, nor shall a conviction for such violation exempt any person from a civil action brought by a Collector.
Section 8.12.520 Unauthorized container impoundment.
Any container used for storing or transporting Salvage or Solid Waste which is not the property of the Collector or under the control of a duly permitted Salvage collector in the City, may be removed from any premises in the City and impounded without notice to the owner of the container.
Such removal and impoundment may be made by any person or entity designated by the City Manager. In the event the container has contents, the contents may be disposed of if the City Manager determines disposal to be necessary, in his or her sole discretion, to preserve the public health, safety and welfare. Any such container shall be held under his or her direction subject to the right of the owner ORDINANCE NO. 1168
thereof to take it upon payment of a sum as provided in a fee schedule. The fee schedule shall be inclusive of the amounts incurred to recover the costs of removing and impoundment of the container, the disposing of the contents of any such container caused to be removed by the City, including both the costs incurred by the collector/hauler performing such removal and the City's administrative costs, the fee schedule shall be an amount equal to the City's maximum authorized daily service rate charged for the subject size container, plus any processing charges, disposal charges, storage fees, and overhead charges incurred. The processing charges and disposal charges of the container's content shall be based on the rates of the City-designated local transfer station and landfill. Storage fees for the container shall be based on the rates of the City-designated local storage facility.
Within twenty-four (24) hours of the time that the City has removed and impounded the container and its contents if any, the City Manager shall cause to be sent to the owner of the container written notice advising the owner that the container has been removed and is in the possession of the City and, that if said container is not redeemed by the owner within thirty (30) days, said container will be subject to sale. If the container is not redeemed by the owner within thirty (30) days after such removal and impoundment, it may be thereafter sold at public auction under the direction of the City Manager to the highest bidder after the City Manager has within forty (40) days from the date of removal and impoundment of the container, sent by regular mail with a prepaid postage notice of such sale to the person owning or in control of such container and to four (4) or more other collectors at least ten (10) days before such sale. The proceeds of any such sale shall be applied to the cost of such sale and to the cost of removal and holding of such container plus twenty-five percent (25%) of such costs for the overhead expenses of the City in causing such sale. Any balance such proceeds shall be paid upon demand to the person who owns such container at the time of its removal. In the instance of a deficiency where the sales price of the container does not generate sufficient money to pay for the costs of removal, storage, and overhead charges, the City Manager shall submit an invoice to the owner of the container, for payment in an amount equal to the deficiency. The container may be redeemed by the owner at any time prior to the sale and upon payment of the amounts due and owing pursuant to this section.
Section 8.12.530 Self-hauler–Permit required.
Every Self-hauler within the City shall secure a permit to create, accumulate, import, or cause to be imported or transport Salvage. Applications for self-hauler permits required under this Chapter shall be filed with the City Manager upon printed forms to be prescribed and supplied by the City Manager. Within thirty days after receipt of all information requested of an applicant, the City Manager shall either grant or deny the Self-hauler permit and shall immediately notify the applicant by electronic mail or first-class mail of the action taken. The permit shall ORDINANCE NO. 1168
provide for the payment of fees to the City in an amount established from time to time by the City Manager.
Section 8.12.540 Reporting requirements.
Each Salvage Collector, Salvage Generator or Self-Hauler operating under the provisions of this code shall be required at the discretion of the City to submit monthly, quarterly and annual reports containing information relative to its Salvaging activities including collection tonnage of Salvage or Recyclable Solid Waste collected within the City limits and other information as may be reasonably required by the City to determine the effectiveness of services provided, effectiveness of City and/or Salvage Collector, Salvage Generator or Self-hauler sponsored programs for compliance, as well as current collection tonnages within the City. Such records shall be submitted in a format approved by the City with the affixed signature of a duly authorized representative of the Salvage Collector, Salvage Generator, or Self-hauler. Such reports shall be submitted to the City pursuant to a schedule established by the City Manager. Notwithstanding the foregoing, each Salvage Collector, Salvage Generator, or Self-hauler shall submit, on or before the twenty-eighth (28th) day of each month, a monthly weight report prepared on a form approved by the City which shall enable the City to determine the volume of Salvage for the preceding month.
Each Salvage Collector, Salvage Generator, or Self-hauler shall maintain all records relating to the services provided for in this Chapter for twenty-five (25) months from the date upon which such services are provided. The City shall have the right, upon reasonable advanced notice, to inspect and/or audit records that may be relevant to the operations within the City or relating to the imposition of any fees which be imposed by the City. Such records shall be made available to the City at the regular place of business of the Salvage Collector, Salvage Generator, or Self-hauler. Should an inspection or audit of a Salvage Collector, Salvage Generator, or Self-hauler result in the obtaining of proprietary information between the Salvage Collector, Salvage Generator, or Self-hauler and the City, any exchange of information between the City and the Salvage Collector, Salvage Generator, or Self-hauler shall be considered to be proprietary between the City and the Salvage Collector, Salvage Generator or Self-hauler and of the utmost confidential nature to the extent allowable by law.
Section 8.12.550 Containers and equipment.
All Salvage shall be collected, accumulated, or transported in containers, bales, or other methods approved by the City Manager. Salvage shall not be collected in a packer box system where the material has been packed into a closed container.
Each such container shall at all times be kept in good repair and maintained in a clean and sanitary condition. Each such container shall bear upon at least two (2) of its sides the name and telephone number of the Salvage Collector, which name ORDINANCE NO. 1168
and telephone number shall be in legible letters and numerals. Any container which does not comply with the requirements of this section shall be subject to removal as provided in Section 8.12.520 of this Chapter.
Section 8.12.560 Cooperation with City.
Each Salvage Collector, Salvage Generator, or Self-hauler shall cooperate with the City and/ or designated consultants in Solid Waste disposal characterization studies and waste stream audits and shall implement measures adequate to achieve the City's source reduction, recycling, and waste stream diversion goals for the Solid Waste stream. Each Salvage Collector, Solid Waste Generator, or Self hauler, at its own expense shall submit to the City information and reports necessary for the City to meet its reporting obligations imposed by the Act and/ or other legislation and the regulations implementing the Act and/ or other legislation.
SECTION 4. 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 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.
SECTION 5. 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.
ORDINANCE NO. 1168
SECTION 6. 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 7. The City Clerk shall certify to the adoption of this ordinance causing it to be posted as required by law.
APPROVED AND ADOPTED this 14th day of February 2023.
___________________________
Erik Lutz, Mayor
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.1168 was adopted at a regular meeting of the City Council of the City of Pico Rivera, held on Tuesday, February 14, 2023, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Anna M. Jerome, City Clerk
To: Mayor and City Council
From: City Manager
Meeting Date: February 14, 2023
Subject: PLANNING AND VETERANS COMMISSION
APPOINTMENTS
Recommendation:
1. Approve resolutions acclaiming appointments to the Planning and Veterans Commissions.
Fiscal Impact:
There is no fiscal impact.
Discussion:
Due to the recent vacancy on the Planning Commission, City Council is being asked to consider a new appointment by Councilmember Camacho to fill the vacancy on the Planning Commission. City Council members are also being asked to consider Councilmember Camacho’s appointment to the newly formed Veterans Commission. All proposed appointees have current applications on file with the City Clerk’s office and are residents of the City of Pico Rivera. Terms of the newly appointed Planning and Veterans Commissioners will expire in December 2023, when all Planning and Veterans commissions’ terms expire.
It is recommended that the City Council approve the resolutions appointing the proposed commissioners to the aforementioned Commissions.
Steve Carmona
SC:AJ
Enclosures: 1) Resolution – Planning Commission
2) Resolution – Veterans Commission
5 RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, APPOINTING THE FOLLOWING CITY ELECTOR:
YARISMA ROCHA TO THE PLANNING COMMISSION FOR A ONE YEAR TERM SAID TO EXPIRE DECEMBER 2023
WHEREAS, Section 2.44.010 of the Pico Rivera Municipal Code creates the Planning Commission; and
WHEREAS, Section 2.44.020 of said code provides for the appointment of a Planning Commission of five members who shall be qualified electors of the City; and WHEREAS, City Council Ordinance No. 1014 provides for the appointment of Planning Commissioners for specified terms; and
WHEREAS, Councilmember Gustavo Camacho has recommended the appointment of Yarisma Rocha to the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pico Rivera, as follows:
SECTION 1. That the following individual is hereby appointed to the Planning Commission:
Yarisma Rocha
Said term shall commence on February 14, 2023 and expire on December 26, 2023 or at the time a successor is appointed, whichever is later.
SECTION 2. This resolution shall take effect immediately upon passage and adoption.
SECTION 3. That the City Clerk shall certify to the approval and passage of this resolution and it shall thereupon be in full force and effect.
APPROVED AND PASSED this 14th day of February, 2023.
__________________________________
Erik Lutz, Mayor
5a
RESOLUTION NO. _____
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:
NOES:
ABSENT:
ABSTAIN:
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, APPOINTING THE FOLLOWING CITY ELECTOR: DANIEL
GARCIA TO THE VETERANS COMMISSION FOR A ONE YEAR TERM
SAID TO EXPIRE DECEMBER 2023
WHEREAS, Section 2.55.010 of the Pico Rivera Municipal Code creates the Planning Commission; and
WHEREAS, Section 2.55.020 of said code provides for the appointment of a Veterans Commission of five members who shall be qualified electors of the City; and WHEREAS, City Council Ordinance No. 1155 provides for the appointment of Veterans Commissioners for specified terms; and
WHEREAS, Councilmember Camacho has recommended the appointment of Daniel Garcia to the Veterans Commission.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:
SECTION 1. That the following individual is hereby appointed to the Veterans Commission:
Daniel Garcia
Said term shall commence on February 14, 2023 and expire on December 26, 2023 or at the time a successor is appointed, whichever is later.
SECTION 2. This resolution shall take effect immediately upon passage and adoption.
SECTION 3. That the City Clerk shall certify to the approval and passage of this resolution and it shall thereupon be in full force and effect.
APPROVED AND PASSED this 14th day of February, 2023.
______________________________________
Erik Lutz, Mayor
5b
RESOLUTION NO. ____
ATTEST: APPROVED AS TO FORM:
______________________________ _____________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:
NOES:
ABSENT:
ABSTAIN:
To: Mayor and City Council
From: City Manager
Meeting Date: February 14, 2023
Subject: PURCHASE AND SALE AGREEMENT BETWEEN THE
CITY OF PICO RIVERA AND THE VETERANS OF
FOREIGN WARS FOR THE CITY ACQUISITION OF THE
REAL PROPERTY IDENTIFIED AS 4865 DURFEE
AVENUE
Recommendation:
1. Approve the attached resolution ratifying the purchase and sale agreement (PSA) with the Veterans of Foreign Wars (Seller) and the City of Pico Rivera, (City) for the City’s acquisition of the real property identified as 4865 Durfee Avenue (Property) and determine that the approval is exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Commonsense Exemption under Section 15060(c)(3);
2. Amend the fiscal year (FY) 2022-23 adopted budget by increasing the General Fund revenue by $928,625 for the disposal of 3900 Baybar Road; and
3. Amend FY 2022-23 adopted budget by increasing the General Fund appropriation by $510,000 for the acquisition of 4865 Durfee Avenue.
Fiscal Impact:
The General Fund revenue will increase by $928,625 in GL Account No. 100.00.0000- 47100, and the General Fund appropriation will increase by $510,000 in GL Account No. 100.90.9000-57100. Should the City Council approve the acquisition of 4865 Durfee Avenue, staff will also seek additional appropriation for improvement on this property to meet the City’s operation needs in the coming months.
Background:
The Seller owns the real property identified as 4865 Durfee Avenue (APN: 6374-015- 012) located in the City of Pico Rivera. The Property consists of an approximately 6 CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 14, 2023
PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF PICO RIVERA AND
THE VETERANS OF FOREIGN WARS FOR THE REAL PROPERTY IDENTIFIED AS 4865 DURFEE AVENUE
8,996 square foot lot with a vacant 4,170 square foot structure. The structure was formerly Veterans of Foreign Wars Post 6315.
Discussion:
The City has identified the Property as an opportunity site to provide additional parking to the Whittier Boulevard and Durfee Avenue Corridors, which are identified as Opportunity Areas 1 and 2 in the General Plan. The General Plan Policy 5.5-2 calls for the City to develop off-street parking solutions to reduce congestion in the City. The PSA will allow the City to purchase the Property from the Seller, which will allow the City to further the objectives of Policy 5.5-2.
In accordance with Government Code Section 65402, the Planning Commission must issue a Finding of General Plan Conformity before cities can sell or lease public property. The Planning Commission approved a resolution on February 6, 2023, concluding that the acquisition of the Property was in conformance with the General Plan.
The Property was appraised by Curtis Rosenthal, Inc. at the Fair Market Value of $510,000 as detailed in a report dated July 3, 2022. If approved by the Council, the City will provide a $10,000 deposit upon opening of escrow (which shall be credited toward the payment of the Purchase Price) and purchase the Property from the Seller at the price of $510,000 upon close of escrow per Article II of the PSA. The Veterans of Foreign Wars staff has reviewed the PSA and approved the version attached to the enclosed.
Environmental Analysis:
The approval of the Purchase and Sale Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b)(3), which states that a project is exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. 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, the activity is not subject to CEQA. None of the exceptions contained under CEQA Guidelines Section 15300.2 apply. The approval of the Purchase and Sale Agreement does not authorize a specific project and constitutes a sale of real property in exchange for financial consideration between the Seller and the City to be used for a public purpose.
CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 14, 2023
PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF PICO RIVERA AND
THE VETERANS OF FOREIGN WARS FOR THE REAL PROPERTY IDENTIFIED AS 4865 DURFEE AVENUE
Conclusion:
Staff recommends that the City Council approve the attached resolution ratifying a Purchase and Sale Agreement with the Veterans of Foreign Wars for the real property identified as 4865 Durfee Avenue.
Steve Carmona
SC:AB:JP
Enclosures: 1) Resolution
2) Appraisal
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, APPROVING THE PURCHASE AND SALE
AGREEMENT BETWEEN THE CITY OF PICO RIVERA, CALIFORNIA
AND THE VETERANS OF FOREIGN WARS FOR THE CITY’S
ACQUISITION OF THE REAL PROPERTY IDENTIFIED AS 4865
DURFEE AVENUE, PICO RIVERA, CALIFORNIA 90660 (APN: 6374-015- 012)
WHEREAS, the Veterans of Foreign Wars (“Seller”) is the owner in fee simple of real property in the City of Pico Rivera (“City”) identified as 4865 Durfee Avenue and having Assessor Parcel Number 6374-015-012 (“Property”) as depicted on Exhibits “A” and “B”, attached hereto and made a part of hereof; and WHEREAS, the Property is an approximately 8,996 square foot lot designated for commercial use with a 4,170 square foot vacant structure that was formerly the Veterans of Foreign Wars Post 6315 (“VFW Post”); and
WHEREAS, the Seller ceased operations of the VFW Post and now desires to convey the Property to the City at a fair market value; and WHEREAS, the City desires to purchase the Property in an effort to revitalize the Durfee Avenue Corridor by working with developers to introduce new mixed-use development opportunities or provide additional public infrastructure such as parking or open space; and
WHEREAS, the City obtained an appraisal report from Curtis Rosenthal, Inc. on July 3, 2022 that determined the fair market value of the Property to be $510,000; and WHEREAS, the Pico Rivera Planning Commission approved a resolution determining that the acquisition of the Property is consistent with the City’s adopted General Plan pursuant to Government Code Section 65402; and WHEREAS, a Purchase and Sale Agreement for the Property (“PSA”), attached hereto as Exhibit “C”, establishes the intent for the City to provide a $10,000 deposit upon opening of escrow (that shall be credited toward the payment of the Purchase Price) and purchase the Property from the Seller at the proposed price of $510,000 upon close of escrow per Article II of the PSA.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:
SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution and are incorporated herein as part of the findings.
ENCLOSURE 1
6a
RESOLUTION NO. ____
SECTION 2. The City Council further finds that the approval of the Purchase and Sale Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b)(3), which states that a project is exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. 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, the activity is not subject to CEQA. None of the exceptions contained under CEQA Guidelines Section 15300.2 apply. The approval of the Purchase and Sale Agreement does not authorize a specific project and constitutes a sale of real property in exchange for financial consideration between the City of Pico Rivera and the Veterans of Foreign Wars to be used for a public purpose.
SECTION 3. The City Council hereby approves the Purchase and Sale Agreement, in substantially the same form as attached to the Staff Report accompanying this Resolution, between the City of Pico Rivera and the Veterans of Foreign Wars. The City Council further authorizes the City Manager to execute the Purchase and Sale Agreement and all other ancillary documents, including but not limited to, escrow instructions, deeds, seller affidavits and such other customary documents consistent with and reasonably necessary to effectuate the intent of this Resolution and record or cause to be recorded such documentation, as approved by the City Attorney.
SECTION 4. The City Clerk shall attest to the passage of this Resolution, and it shall thereupon be in full force and effect.
APPROVED AND PASSED this 14th day of February, 2023.
___________________________
Erik Lutz, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ ________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:
NOES:
ABSENT:
ABSTAIN:
RESOLUTION NO. ____
EXHIBIT “A”
Aerial View of the Property
RESOLUTION NO. ____
EXHIBIT “B”
Parcel Map
RESOLUTION NO. ____
EXHIBIT “C”
Purchase and Sale Agreement between the City of Pico Rivera and the Veterans of Foreign Wars
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is made and entered into as of the ____ day of __________, 2023, until the Agreement has been finalized, by and between THE CITY OF PICO RIVERA, CALIFORNIA, a municipal corporation (“Purchaser”), and THE VETERANS OF FOREIGN WARS DEPARTMENT OF CALIFORNIA, a nonprofit, California mutual benefit corporation(“Seller”).
In consideration of the mutual promises, covenants and agreements hereinafter set forth and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser agree as follows:
ARTICLE I
Sale of Property
1.1 Sale of Property. Seller hereby agrees to sell, assign and convey to Purchaser, and Purchaser agrees to purchase from Seller, all of Seller’s respective right, title and interest in and to, the following:
1.1.1 Land. That certain real property lying and situated in the City of Pico Rivera, California, consisting of approximately 8,996 square feet and commonly known as 4865 Durfee Avenue, Pico Rivera, California and legally described on Exhibit A attached to this Agreement and depicted on Exhibit B attached to this Agreement (the “Land”);
1.1.2 Real Property. All rights, privileges and easements appurtenant to Seller’s interest in the Land, including, without limitation, all of Seller’s right, title and interest, if any, in and to all mineral and water rights and all easements, licenses, covenants and other rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Land (collectively, the “Real Property”, and the Land and the Real Property are hereinafter collectively referred to as the “Property”).
ARTICLE II
Purchase Price; Deposit
2.1 Purchase Price. The purchase price for the Property shall be FIVE HUNDRED TEN THOUSAND ($510,000.00) DOLLARS (the “Purchase Price”). The Purchase Price, as adjusted by all prorations as provided for in this Agreement, shall be paid to Seller by Purchaser at Closing (as hereinafter defined) by wire transfer of immediately available federal funds.
2.2 Deposit. Within five (5) Business Days (as hereinafter defined) after the Effective Date (as hereinafter defined), Purchaser shall deposit the sum of Ten Thousand Dollars and no/100 ($10,000.00) as a good faith deposit (“Deposit”) (“Opening of Escrow”) with Escrow Company (as hereinafter defined), as escrowee (“Escrowee”), at Escrowee’s office located at Coast Cities Escrow, 18200 Yorba Linda Blvd, Yorba Linda, CA 92886. For the purposes of this Agreement, “Effective Date” shall mean the date this Agreement has been fully executed and delivered to Seller and Purchaser. One Hundred Dollars ($100.00) of the Deposit shall be released by Escrow
EXHIBIT C
2 Company to Seller on the first Business Day following the deposit thereof by Purchaser, in payment of consideration by Purchaser to Seller for the right of Purchaser to purchase the Property in accordance with the terms of this Agreement (the “Non-Refundable Payment”). The NonRefundable Payment shall be fully earned and retained by Seller immediately upon receipt and, notwithstanding any provisions of this Agreement to the contrary, the Non-Refundable Payment shall not be returned to Purchaser in any circumstance except if Closing fails to occur solely due to a material default by Seller under this Agreement. On the Closing Date, the amount of the NonRefundable Payment, without interest, shall be applied to the Purchase Price. From and after the release of the Non-Refundable Payment to Seller, the Depositshall mean and refer to the remaining Deposit amount then held by Escrow Company (and any payment or refund of the Deposit to be made pursuant to this Agreement shall not include such Non-Refundable Payment). Purchaser acknowledges that Seller would not have entered into this Agreement had Purchaser not made the bargained for Non-Refundable Payment to Seller on the terms set forth in this Section. The Deposit shall be paid to Seller and credited against the Purchase Price at Closing. If the Closing does not occur in accordance with the terms of this Agreement, the Deposit shall be held and delivered as provided in this Agreement.
ARTICLE III
Closing, Prorations and Closing Costs
3.1 Closing. The closing of the transaction(s) contemplated in this Agreement (the “Closing”) shall occur on or before 5:00 p.m. Pacific Standard Time on the forty-fifth (45th) day following the Opening of Escrow or the first business day thereafter, if the 45th day falls on a weekend or holiday,, upon the satisfaction of Purchaser’s and Seller’s obligations set forth in this Agreement (the “Closing Escrow”), and shall be held at the offices of the Escrow Company, or at such other place agreed to by Seller and Purchaser. Upon creation of the Closing Escrow, the payment of funds and the delivery of all documents required pursuant to this Agreement shall be made through the Closing Escrow. The Closing shall take place in a manner so that, on the date the Closing occurs (the “Closing Date”), the Title Policy (as hereinafter defined) will be delivered to Purchaser, and Seller shall receive the Purchase Price.
3.2 Prorations. All matters involving prorations or adjustments to be made in connection with this Agreement and not specifically provided for in some other provision of this Agreement shall be adjusted in accordance with this Section 3.2. For purposes of calculating prorations, Purchaser shall be deemed to be in title to the Property, and, therefore entitled to the income therefrom and responsible for the expenses thereof, on and after the Closing Date. All such prorations shall be made on the basis of the actual number of days of the month which shall have elapsed as of the Closing Date and a three hundred sixty-five (365) day year. Except as otherwise provided in this Section 3.2, the amount of such prorations shall be determined and shall be final as of the Closing Date. All items of income and expense which accrue for the period prior to the Closing Date will be for the account of Seller and all items of income and expense which accrue for the period on and after the Closing Date will be for the account of Purchaser.
3.2.1 Taxes. On or before the Closing Date, Seller shall pay all taxes and assessments, including, without limitation, all special assessments, on the Property which are due and payable prior to the Closing Date. Unpaid taxes and assessments on the Property shall be prorated on an accrual basis as of the Closing Date based upon the most 3 recent ascertainable assessed valuation, tax multipliers and tax rate, but reproration thereof shall be made between Purchaser and Seller at such time as the actual amount of taxes for the applicable tax year shall become known, in order that actual real estate taxes for the periods before and after the Closing Date may be equitably prorated as of the Closing Date and paid between the parties when known. Seller shall be liable for any back tax bill which may be imposed by taxing authorities related to the period prior to the Closing Date, which obligation of Seller shall survive Closing.
3.3 Allocation of Closing Costs and Expenses. Seller and Purchaser shall each be responsible for one-half the costs to record any instruments necessary to convey title and the Closing Escrow fee. Purchaser shall bear the cost of the Title Policy charges, any recording fees with respect to the Deed (as hereinafter defined), all costs incurred in connection with obtaining Purchaser’s financing for this transaction, if any, the cost of all title endorsements, if any. If applicable, the cost of transfer taxes shall be paid by Purchaser.
ARTICLE IV
Title
4.1 Title.
4.1.1 Promptly after the Effective Date, Purchaser shall apply for a title insurance commitment (the “Commitment”) for an Owner’s Policy of Title Insurance (the “Title Policy”), issued by the Title Company and covering the Real Property. After receipt of the Commitment, Purchaser shall provide or cause Western Resources Tile (“Title Company”) to provide a copy of the Commitment to Seller. On or before the date (the “Title Objection Date”) that is fifteen (15) days after the date Purchaser receives the Commitment (as hereinafter defined), Purchaser shall notify Seller in writing (the “Title Objection Notice”) of any title exceptions identified in the Commitment that Purchaser disapproves (collectively, the “Unpermitted Exceptions”) and any remaining exceptions shall be deemed permitted (collectively, the “Permitted Exceptions”). Notwithstanding the foregoing, Purchaser and Seller hereby agree that: (i) all non-delinquent property taxes and assessments or (ii) all matters created by or on behalf of Purchaser, including, without limitation, any documents or instruments to be recorded as part of any financing of the Property by Purchaser, shall constitute “Permitted Exceptions”. If Purchaser fails to provide Seller with the Title Objection Notice on or before the Title Objection Date, all exceptions in the Commitment shall be deemed to be Permitted Exceptions, and Purchaser shall be deemed to have waived its right to object to any exceptions in the Commitment.
4.1.2 No less than ten (10) days after being given the Title Objection Notice, Seller shall notify Purchaser in writing of any Unpermitted Exceptions that Seller is unable or unwilling to cause to be removed or insured against prior to or at Closing. With respect to such exceptions, Purchaser shall then elect, by giving written notice to Seller within three (3) days after receipt of Seller’s notice, to: (x) terminate this Agreement, or (y) waive its disapproval of such exceptions, in which case such exceptions shall then be deemed to be Permitted Exceptions. Purchaser’s failure to timely give such notice shall be deemed an election to waive the disapproval of any such exception. If Purchaser elects to terminate 4 this Agreement in accordance with clause (x) above, the Deposit shall be returned to Purchaser as Purchaser’s sole and exclusive remedy as a result of such termination.
4.1.3 Monetary Liens. Notwithstanding anything to the contrary contained in Section 4.1.2 above, Seller shall be required to discharge all mortgages, deeds of trust, real estate taxes, assessments and other governmental levies, fees or charges imposed on the Land, all judgment liens, all mechanics’ liens and similar liens for labor, materials or supplies, and other such monetary liens that may be removed solely through the payment of money prior to Closing (collectively, the “Monetary Liens”), and such matters shall be deemed Objectionable Exceptions, whether or not included in Purchaser’s Title Objection Notice. If, at or prior to Closing, Seller fails to cure all Monetary Liens, in addition to all other remedies available to Purchaser under this Agreement, Purchaser shall have the right to proceed to Closing and deduct from the Purchase Price the amount necessary to cure such Monetary Liens.
4.2 [Reserved].
4.3 Purchaser Due Diligence. Purchaser will have a sixty (60) day “Due Diligence Period” commencing upon Opening of Escrow to conduct any investigation of the Property, which may be extended in writing by the Parties. During the Due Diligence Period Purchaser is invited, urged, and cautioned to conduct, at Purchaser’s expense, such investigations, inspections, surveys, plans, and tests of the Property, including, without implied limitation, soils, groundwater, wells, percolation, geology, environmental, drainage, engineering and utilities investigations, inspections, surveys, plans, and tests (collectively, “Investigations”), as Purchaser determines, in Purchaser’s sole discretion, are required to determine the suitability of the Property for Purchaser’s intended use. Such Investigations shall be conducted at the sole cost and expense of Purchaser.
Purchaser shall hold harmless, indemnify and defend Buyer against all costs, damages, liabilities or expenses, including mechanics lien claims arising out of Purchaser’s activities on the Property.
4.3.1 Seller hereby grants to Purchaser, its employees, representatives, agents and independent contractors, a license to enter the Property for purposes of conducting such Investigations during normal business hours. Purchaser shall provide Seller fortyeight (48) hours notice prior to entering the Property.
4.3.2 In the event that Purchaser exercises this right of entry, Purchaser shall comply with all applicable laws and obtain all permits which may be required with respect to its investigations and testing. Purchaser further agrees to indemnify, defend, and hold harmless Seller and its officers, employees, and agents from and against any and all claims, damages, liabilities, and losses arising from such activities of Purchaser or its employees or agents, and from and against all mechanics’, materialmens’, and other liens resulting from any such conduct. Purchaser shall restore the Property as nearly as possible to its condition existing immediately prior to any such entry by or on behalf of Purchaser. Prior to entry upon the Property, Purchaser shall obtain insurance or proof of self-insurance covering Purchaser's indemnity, hold harmless, and defense obligations to Seller pursuant to this paragraph. Prior to entry upon the Property for such Investigations, Purchaser shall furnish to Seller duplicates of appropriate certificates of commercial general liability insurance or proof of self-insurance in the amount of at least One Million Dollars 5 ($1,000,000) combined single limit for bodily injury and property damage and Two Million Dollars ($2,000,000) general aggregate limit, naming Seller as an additional insured, insuring Purchaser’s obligations and responsibilities under this paragraph (4). Purchaser shall maintain each such policy in effect until the Close of Escrow.
4.3.3 Purchaser shall notify Seller in writing of any objections as to the condition of the Property, by delivering such written objection to escrow within the Due Diligence Period. Seller shall then have ten (10) days to correct the objection to the reasonable satisfaction of Purchaser or give written notice to Purchaser through escrow that Seller elects to terminate this Agreement. If Seller elects to terminate this Agreement, Purchaser shall have ten (10) days to give written notice to Seller through escrow that Purchaser waives the objection(s).
ARTICLE V
Representations and Warranties of the Seller
5.1 Seller’s Representations. Seller represents and warrants that, to Seller’s knowledge, the following matters are true and correct as of the Effective Date with respect to the Property.
5.1.1 Authority. Seller is a nonprofit, mutual benefit corporation, duly organized, validly existing and in good standing under the laws of the State of California.
This Agreement has been duly authorized, executed and delivered by Seller, is the legal, valid and binding obligation of Seller, and does not violate any provision of any agreement or judicial order to which Seller is a party or to which Seller is subject. All documents to be executed by Seller which are to be delivered at Closing, will, at the time of Closing:
(i) be duly authorized, executed and delivered by Seller, (ii) be legal, valid and binding obligations of Seller, and (iii) not violate any provision of any agreement or judicial order to which Seller is a party or to which Seller is subject.
5.1.2 No Third Party Claims. Seller represents and warrants that there is no suit, legal action, administrative arbitration or other proceeding or governmental investigation process which has been served upon Seller or, which to Seller’s best knowledge, is otherwise pending or threatened against Seller in which any party is making or has made a claim or defense that, if sustained, would materially and adversely affect the performance of Seller under this Agreement or materially and adversely interfere with the ability of Seller to consummate the transactions contemplated herein.
5.1.3 Violation of Laws. To Seller’s knowledge, Seller has received no written notice of any violation of any statute or ordinance relating to the Property that has not been cured.
5.2 Seller’s Knowledge. For purposes of this Agreement and any document delivered at Closing, whenever the phrases “to Seller’s knowledge” or the “knowledge” of Seller or words of similar import are used, they shall be deemed to refer to the current, actual knowledge only, and not any implied, imputed or constructive knowledge, without any independent investigation having been made or any implied duty to investigate, of State Adjutant/Quartermaster or other Seller 6 designee. Notwithstanding anything to the contrary contained in this Agreement, State Adjutant/Quartermaster or other Seller designee shall have no personal liability under this Agreement.
5.3 Change in Representation/Waiver.
5.3.1 Representations/Waiver. Notwithstanding anything to the contrary in this Agreement, Purchaser acknowledges that Purchaser shall not be entitled to rely on any representation made by Seller in this Article V, to the extent that, prior to or at Closing, Purchaser shall have or obtain actual knowledge of any information contradictory to such representation or warranty; provided, however, if Purchaser determines prior to Closing that there is a breach of any of the representations and warranties made by Seller in this Article V, then Purchaser may, at its option, by sending to Seller written notice of its election, either: (i) terminate this Agreement, in which event the Deposit shall be returned to Purchaser and, except for the Surviving Obligations, neither party shall have any further rights or obligations to the other under this Agreement, or (ii) waive such breach and/or conditions and proceed to Closing with no adjustment in the Purchase Price, and Seller shall have no further liability as to such matter thereafter.
5.3.2 Property Condition Waiver. Notwithstanding any other provision of this Agreement to the contrary, following the Closing Date, Purchaser waives its right to recover from Seller, its officials, agents, employees, and volunteers (collectively, "Seller’s Representatives"), and hereby waives, releases and forever discharges Seller and Seller’s Representatives from, any and all damages, losses, liabilities, costs or expenses whatsoever (including attorneys' fees and costs) and claims therefor, whether direct or indirect, known or unknown, foreseen or unforeseen, which may arise on account of or in any way arising out of or connected with the Property, including (i) the physical condition, nature or quality of the Property, including geologic conditions, (ii) the quality of the labor and materials included in any improvements or fixtures located on or within the Property (including latent defects), (iii) the presence of asbestos and lead-based paint, (iv) the failure of the Property, including any existing improvements thereon, to comply with any law or regulation applicable thereto, (v) the inaccuracy or incompleteness of plans, drawings, specifications, any documents provided by Seller, and (vi) the environmental condition of the Property.
The foregoing waiver and release shall exclude only those losses, liabilities, damages, costs or expenses, and claims therefor, arising from or attributable to any breach by Seller of its express representations or warranties under this Agreement.
In connection with foregoing waiver and release, Purchaser expressly waives the benefits of Section 1542 of the California Civil Code, which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY."
7 _____________________
Purchaser's Initials
5.4 Survival. The express representations and warranties made in this Agreement by Seller shall not merge into any instrument or conveyance delivered at Closing; provided, however, that any action, suit or proceeding with respect to the truth, accuracy or completeness of such representations and warranties shall be commenced, if at all, on or before the date that is six (6) months after the Closing Date (“Survival Period”) and, if not commenced on or before such date, thereafter such representations and warranties shall be void and of no force or effect.
Notwithstanding any other term of this Agreement, any claim based upon a misrepresentation or a breach of a covenant or warranty under this Agreement that expressly survives the Closing shall be actionable or enforceable if and only if: (i) notice of such claim(s) is given to Seller prior to the expiration of the Survival Period; and (ii) the amount of damages or losses as a result of such claims suffered or sustained by the party making such claims exceeds $50,000.00; and provided further that the aggregate liability of Seller for any and all such breaches or misrepresentations shall be limited to $250,000.00.
ARTICLE VI
Seller’s Interim Operating Covenants
6.1 Operations. Seller agrees to continue to operate, manage and maintain the Property through the Closing Date in the ordinary course of Seller’s business and substantially in accordance with Seller’s present practice, subject to ordinary wear and tear.
6.2 No Sales. Seller agrees that it shall not convey any interest in the Property to any third party.
ARTICLE VII
Possession
7.1 Possession. Possession of the Property shall be delivered to Purchaser on the Closing Date free and clear of all possessory interests with the exception of the Permitted Exceptions.
ARTICLE VIII
Closing
8.1 Purchaser’s Closing Obligations. Purchaser, at its sole cost and expense, shall deliver or cause to be delivered to the Title Company at Closing the following, duly executed and acknowledged as applicable:
8.1.1 The Purchase Price, subject to adjustments and prorations as provided in this Agreement, by wire transfer or other immediately available United States currency.
8.1.2 A Preliminary Change of Ownership Report.
8 8.1.3 If required by the Title Company, evidence reasonably satisfactory to the Title Company that the person executing the closing documents on behalf of Purchaser has full right, power and authority to do so.
8.1.4 Such other documents as may be reasonably necessary or appropriate to effect the consummation of the transactions which are the subject of this Agreement.
8.1.5 If prior to the expiration of the Due Diligence Period, Purchaser shall have approved all Due Diligence matters or have waived any objections in writing.
8.2 Seller’s Closing Obligations. Seller, at its sole cost and expense, shall deliver or cause to be delivered to the Title Company at Closing the following, duly executed and acknowledged as applicable:
8.2.1 A grant deed in the form attached to this Agreement as Exhibit C conveying to Purchaser the Real Property in fee simple, subject only to the Permitted Exceptions (the “Deed”).
8.2.2 California Form 593-C (California Real Estate Withholding Exemption Certificate) in the form required by applicable law.
8.2.3 If required by the Title Company, evidence reasonably satisfactory to the Title Company that the persons executing the closing documents on behalf of Seller have full right, power and authority to do so.
8.2.4 Such other documents as may be reasonably necessary or appropriate to effect the consummation of the transactions which are the subject of this Agreement.
ARTICLE IX
Intentionally Deleted
ARTICLE X
Default
10.1 Default by Seller. If the Closing and the transactions contemplated in this Agreement do not occur as provided in this Agreement by reason of the default of Seller, and said default is not cured within five (5) Business Days after notice from Purchaser, Purchaser may elect, by written notice to Seller and as the sole and exclusive remedy of Purchaser, to: (i) terminate this Agreement and receive the Deposit from the Escrow Company, and in such event Seller shall not have any liability whatsoever to Purchaser under this Agreement except for the Surviving Obligations; or (ii) enforce specific performance of Seller’s obligations under this Agreement.
10.2 Default by Purchaser. If Purchaser should breach any of its covenants contained in this Agreement (and Seller shall not be in default hereunder), Seller may terminate this Agreement without further liability on Seller’s part and retain the Deposit as liquidated damages, and not as a penalty, it being understood that Seller’s actual damages in the event of such a default are difficult to ascertain and that such Deposit represents the parties’ best estimate of such damages. Seller shall not have any other remedy for any default by Purchaser. BY INITIALING 9 THIS SECTION 10.2, PURCHASER AND SELLER AGREE THAT IN EVENT OF DEFAULT BY PURCHASER: (A) IT WOULD BE IMPRACTICAL OR EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES; (B) AN AMOUNT EQUAL TO THE DEPOSIT WILL CONSTITUTE LIQUIDATED DAMAGES PAYABLE TO SELLER; (C) THE PAYMENT OF
THE LIQUIDATED DAMAGES TO SELLER WILL CONSTITUTE THE EXCLUSIVE REMEDY OF SELLER; (D) SELLER MAY RETAIN THAT PAYMENT AS LIQUIDATED DAMAGES; AND (E) PAYMENT OF THOSE SUMS TO SELLER AS LIQUIDATED
DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT INSTEAD, IS
INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER PURSUANT TO SECTIONS 1671, 1676 AND 1677 OF THE CALIFORNIA CIVIL CODE.
Seller INITIALS: ____________ Purchaser INITIALS: _______________.
ARTICLE XI
Brokers
11.1 Brokers. Purchaser and Seller each represents and warrants to the other that it has not dealt with any person or entity entitled to a brokerage commission, finder’s fee or other compensation with respect to the transaction contemplated in this Agreement. Purchaser hereby agrees to indemnify, defend, and hold Seller harmless from and against any claims, demands, suits, obligations, payments, damages, losses, penalties, liabilities, costs and expenses (including but not limited to attorneys’ fees and costs) incurred by Seller by reason of any breach or inaccuracy of the Purchaser’s representations and warranties contained in this Article XI. Seller hereby agrees to indemnify, defend, and hold Purchaser harmless from and against any claims, demands, suits, obligations, payments, damages, losses, penalties, liabilities, costs and expenses (including but not limited to attorneys’ fees and costs) incurred by Purchaser by reason of any breach or inaccuracy of Seller’s representations and warranties contained in this Article XI. Seller and Purchaser agree that it is their specific intent that no broker shall be a party to or a third party beneficiary of this Agreement or the Deposit, that no broker shall have any rights or cause of action under this Agreement, and further that the consent of a broker shall not be necessary to any agreement, amendment, or document with respect to the transaction contemplated in this Agreement. The provisions of this Article XI shall survive Closing or the termination of this Agreement.
ARTICLE XII
Conditions Precedent to Closing
12.1 In addition to any conditions provided in other provisions of this Agreement, Purchaser’s obligation to purchase the Property is and shall be conditioned upon the following:
12.1.1 The due performance of Seller of each and every covenant, undertaking and agreement to be performed by Seller under this Agreement and the truth of each representation and warranty made in this Agreement by Seller.
12.2 Purchaser may, at any time or times, at its election, waive any of the conditions to its obligations under this Agreement, but any such waiver shall be effective only if contained in a writing signed by Purchaser. The failure of any of the conditions in Section 12.1 shall entitle 10 Purchaser, at its option, to cancel and terminate this Agreement by written notice to Seller, in which event the Deposit shall be returned to Purchaser and, except as specifically provided in this Agreement, neither party shall have any rights or obligations to the other under this Agreement.
ARTICLE XIII
Miscellaneous
13.1 Right of Entry; Indemnification. Between the Effective Date and the Closing Date, Buyer and Buyer's employees, agents, contractors, subcontractors and consultants (collectively, "Buyer's Representatives") shall have the right to enter upon the Property, at reasonable times during ordinary business hours, upon notice to Seller at least forty-eight (48) hours prior to entry, to perform such non-destructive inspections, investigations, tests and studies.
Buyer, in performing its non-destructive inspections, investigations, tests and studies hereunder shall not unreasonably interfere with the operation of the Property, and agrees to coordinate its activities on the Property with Seller in advance to avoid any such interference. Following any such non-destructive tests or inspections, Buyer agrees to promptly return any portions of the Property damaged or altered by Buyer during such tests or inspections to substantially the same condition which existed prior to such test or inspection. In the event Buyer fails to promptly restore Property in accordance with the preceding sentence, Seller may, in its sole and absolute discretion, restore the Property and all costs and expenses shall be paid immediately by Buyer upon demand by Seller. Buyer shall indemnify, defend and hold Seller, including its elected officials, agents, employees harmless from any and all claims, damages or liabilities arising out of or resulting from the entry onto or activities upon the Property by Buyer or Buyer's Representatives or liens arising from Buyer's review of the Property.
13.2 All notices, consents, approvals and other communications which may be or are required to be given by either Seller or Purchaser under this Agreement shall be properly given only if made in writing and sent by (i) certified mail, (ii) electronic mail by pdf or (iii) a nationally recognized overnight delivery service (such as Federal Express, UPS Next Day Air), with all delivery charges paid by the sender and addressed to the Purchaser or Sellers, as applicable, as follows, or at such other address as each may request in writing. Such notices shall be deemed received, (x) sent by certified mail, in which case notice shall be deemed delivered three (3) Business Days after deposit, postage prepaid, in the United States Mail, (y) if delivered by overnight delivery service, on the date of delivery and (z) if sent by facsimile transmission or electronic mail pdf, on the date of transmission. Notices to be sent on behalf of Purchaser or Sellers may be sent by their respective counsel. The refusal to accept delivery shall constitute acceptance and, in such event, the date of delivery shall be the date on which delivery was refused.
Said addresses for notices are to be as follows:
If intended for Purchaser: Steve Carmona, City Manager
City of Pico Rivera
6615 Passons Blvd
Pico Rivera, California 90660
Email: [email protected]
11 If intended for Seller: Rodger Meier, State Adjutant/Quartermaster Veterans of Foreign Wars Department of California
9136 Elk Grove Blvd, Suite 100
Elk Grove, CA 95624
Email: [email protected]
13.3 Governing Law. This Agreement shall be governed by and construed in accordance with the internal laws of the State of California, without regard to the conflict of laws principles thereof.
13.4 Headings. The captions and headings used in this Agreement are for convenience and reference only and in no way define or limit the scope or content of this Agreement or in any way affect its provisions.
13.5 Business Days. If any date set forth in this Agreement for the performance of any obligations of Seller or Purchaser or for the delivery of any instrument, Document or notice as herein provided should be on a Saturday, Sunday or legal holiday, the compliance with such obligations or delivery shall be deemed acceptable on the next Business Day following such Saturday, Sunday or legal holiday. As used herein, the term “legal holiday” means any state or Federal holiday for which financial institutions or post offices are generally closed in the State of California, and the term “Business Day” means any day other than a Saturday, Sunday or legal holiday.
13.6 Counterpart/Electronic Copies. This Agreement may be executed in two or more counterpart copies, all of which counterparts shall have the same force and effect as if all parties hereto had executed a single copy of this Agreement. Handwritten signatures to this Agreement transmitted by telecopy or electronic transmission (for example, through the use of a Portable Document Format or “PDF” file) shall be valid and effective to bind the parties so signing. It is expressly agreed that each party to this Agreement shall be bound by its own telecopied or electronically transmitted handwritten signature and shall accept the telecopy or electronically transmitted handwritten signature of the other party to this Agreement. The parties hereto agree that the use of telecopied or electronic signatures for the execution of this Agreement shall be legal and binding and shall have the same full force and effect as if originally signed.
13.7 Binding Effect. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. Whenever reference is made in this Agreement to Seller or Purchaser, such reference shall include the successors and assigns of such party under this Agreement.
13.8 Assignment. The terms, conditions and covenants of this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective nominees, successors, beneficiaries and assigns; provided, however, no conveyance, assignment or transfer of any interest whatsoever of, in, or to this Agreement shall be made by Seller during the term of this Agreement. Purchaser may assign all or any of its right, title and interest under this Agreement to any corporate, limited liability or partnership entity affiliated with, or related to Purchaser (“Affiliate”). No such assignee shall accrue any obligations or liabilities hereunder until the effective date of such assignment. In addition to its right of assignment, Purchaser shall also have 12 the right, exercisable prior to Closing, to designate any Affiliate, as the grantee or transferee of any or all of the conveyances, transfers and assignments to be made by Seller at Closing hereunder, independent of, or in addition to, any assignment of this Agreement. In the event of an assignment of this Agreement by Purchaser, its assignee shall be deemed to be the Purchaser hereunder for all purposes hereof, and shall have all rights of Purchaser hereunder (including, but not limited to, the right of further assignment), and the assignor shall be released from all liability hereunder. In the event that an Affiliate shall be designated as a transferee hereunder, that transferee shall have the benefit of all of the representations and rights which, by the terms of this Agreement, are incorporated in or relate to the conveyance in question.
13.9 Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both Seller and Purchaser have contributed substantially and materially to the preparation of this Agreement.
13.10 Entire Agreement. This Agreement and the Exhibits attached hereto contain the final and entire agreement between the parties hereto with respect to the sale and purchase of the Property and are intended to be an integration of all prior negotiations and understandings.
Purchaser, Seller and their agents shall not be bound by any terms, conditions, statements, warranties or representations, oral or written, not contained in this Agreement. No modification, amendment, discharge, waiver or change of this Agreement shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, amendment, discharge, waiver or change is sought. Writings signed by the attorney for such party shall not be effective for purposes of this Section. Failure by either party to explicitly retain any rights under this Agreement shall not be deemed a waiver of such rights.
13.11 Severability. If any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement.
13.12 Survival. Except as otherwise specifically provided for in this Agreement (collectively, the “Surviving Obligations”), the provisions of this Agreement and the representations and warranties herein shall not survive Closing or the termination of this Agreement, and if Closing occurs, shall be merged therein.
13.13 Exhibits. Exhibits A, B, and C attached to this Agreement are, by this reference, incorporated in and made a part of this Agreement.
13.14 Time. Time is of the essence in the performance of each of the parties’ respective obligations contained in this Agreement.
13.15 Limitation of Liability. The obligations of Seller are binding only on Seller and Seller’s assets and shall not be personally binding upon, nor shall any resort be had to, the private properties of any of the affiliates, investment managers, property managers, partners, trustees, shareholders, beneficiaries, directors, or officers of Seller, or of any partners, officers, directors, 13 shareholders or beneficiaries of any partners of Seller, or of any of Seller’s employees or agents.
All documents to be executed by Seller shall also be deemed to contain the foregoing exculpation.
The provisions of this Section 13.15 shall survive Closing or the termination of this Agreement.
13.16 Prevailing Party. Should either party employ an attorney to enforce any of the provisions hereof, whether before or after Closing, and including any claims or actions involving amounts held in escrow, the non-prevailing party in any final judgment agrees to pay the other party’s reasonable expenses, including reasonable attorneys’ fees and costs in or out of litigation and, if in litigation, trial, appellate, bankruptcy or other proceedings, expended or incurred in connection therewith, as determined by a court of competent jurisdiction. The provisions of this Section 13.16 shall survive Closing or the termination of this Agreement.
13.17 No Recording. Neither this Agreement nor any memorandum or short form of this Agreement shall be recorded or filed in any public land or other public records of any jurisdiction, by either party and any attempt to do so may be treated by the other party as a breach of this Agreement.
13.18 Waiver of Trial by Jury. Each of Seller and Purchaser hereby waives trial by jury in any action, proceeding or counterclaim brought by such party against the other party on any matters whatsoever arising out of or in any way connected with this Agreement, including without limitation in connection with the enforcement of any remedy under any statute, emergency or otherwise.
[SIGNATURES APPEAR ON NEXT PAGE]
SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal on the date or dates set forth below.
SELLER:
THE VETERANS OF FOREIGN WARS
DEPARTMENT OF CALIFORNIA, a nonprofit, mutual
benefit corporation
By:
__________, __________
PURCHASER:
THE CITY OF PICO RIVERA, CALIFORNIA, a
municipal corporation
By:
Steve Carmona, City Manager
EXHIBITS PAGE
Exhibits
Exhibit A - Legal Description of Real Property
Exhibit B - Depiction of Real Property
Exhibit C - Form of Deed
A-1
EXHIBIT A
LEGAL DESCRIPTION
B-1
EXHIBIT B
DEPICTION OF REAL PROPERTY
C-1
EXHIBIT C
FORM OF GRANT DEED
[TO COME]
AGREEMENT OF PURCHASE AND SALE
BY AND BETWEEN
THE CITY OF PICO RIVERA, CALIFORNIA
(“PURCHASER”)
AND
THE VETERANS OF FOREIGN WARS DEPARTMENT OF CALIFORNIA
(“SELLER”)
_________, 2022
Property: 4865 Durfee Avenue in the City of Pico Rivera, California, containing approximately 8,996 square feet
APPRAISAL REPORT
4865 Durfee Avenue, Pico Rivera, CA 90660
CR File No.16442-22
ENCLOSURE 2
6b
5901 W. Century Blvd., Suite 1230 Los Angeles, CA 90045 T: 310.215.0482 F: 310.215.3089 www.CurtisRosenthal.com 4865 Durfee Avenue, Pico Rivera, CA 90660
5901 W. Century Blvd., Suite 1230 Los Angeles, CA 90045 T: 310.215.0482 F: 310.215.3089 www.CurtisRosenthal.com July 3, 2022
Michael L. Garcia
Community & Economic Development Director
City of Pico Rivera
6615 Passons Blvd., Pico Rivera, CA 90660
p: 562-801-4398
f: 562-949-0280
Email: [email protected]
RE: APPRAISAL REPORT
4865 Durfee Avenue, Pico Rivera, CA 90660
CR File No.16442-22
Dear Mr. Garcia,
Per your request, we have appraised the above-referenced property. Our appraisal is intended to conform to:
• The Uniform Standards of Professional Appraisal Practice (USPAP) • California Code of Civil Procedure §1263.320
Our analyses and conclusions are contained in this Appraisal Report which is intended to comply with the reporting requirements set forth in USPAP Standards Rule 2-2. In conformance with the Scope of Work rule of USPAP, the sections below describe the Scope of Work for this assignment.
Client - The client for this assignment is/are the City of Pico Rivera and their designated representatives.
Intended Users - The intended users of this report are the Client and their assigns. There are no other authorized users of this report.
Intended Use - The intended use of this assignment is to assist the client in determination the Fair Market Value of the subject property for the possible purchase of the property.
Purpose of this Assignment - The purpose of this assignment is to develop an opinion of the Fair Market Value of the subject property, as defined in the Addenda, of the ownership interest(s) in the subject.
Effective Date of Value - The valuation table below includes the effective date of value for each valuation premise included in this assignment.
Letter of Transmittal
Relevant Characteristics of the Subject Property - The subject property land area consists of one parcel.
The Los Angeles County assessor’s parcel number is 6374-015-012. The Post No. 6315, Veterans of Foreign Wars owns the subject property. The Los Angeles County assessor records show the parcel size as being 8,996 square feet or 0.21 acre. The building is 4,170 sf and was constructed in 1950. The existing building is not considered to be the highest and best use of the property. The Fair Market Value is for the vacant land only.
The property is zoned C-G, General Commercial. The property is located at 4865 Durfee Avenue, Pico Rivera, CA 90660. The property is located on the northwest corner of Durfee Avenue and West Blvd. It is located in incorporated City of Pico Rivera, Los Angeles County, State of California. Major streets in the area include Washington Blvd., Rosemead Blvd., Workman Mill Road, Whitter Blvd., Beverly Blvd. and Norwalk Blvd.
Effective Date of Value –The effective date of value is June 5, 2022, the date of the most recent inspection of the subject.
Analytical Approach- Our analysis included an inspection of the subject property, research of general data relating to the subject locale, research of transactions in the subject market area, as well as research of other market-related influences affecting the subject property. In our analysis, we gave consideration to the applicability of each of the traditional approaches to value including the Cost, Sales Comparison, and Income approaches. The methodology and data used in our valuation of the subject property are detailed in the Valuation Section of this appraisal report.
Conditions of this Assignment - The analyses and conclusions in this assignment are subject to the Scope of Work described above, the General Assumptions and Limiting Conditions that are contained within this appraisal report, and the following:
• Extraordinary Assumptions, which USPAP defines as assignment-specific assumptions as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser's opinions or conclusions.
1. The subject property land area consists of one parcel with the parcel size as being 0.21 acre or approximately 8,996 sf. If more accurate information becomes available, we reserve the right to revise the appraisal report. The use of this Extraordinary Assumption may have affected the assignment results.
2. There are assumed to be no significant impacts from easements for roads, water pipelines, mains and ditches, easements, if any, in favor of the public or other parties, over the property. No preliminary title report was provided. We assume that these items would not adversely affect the use of the property. If more accurate information becomes available, we reserve the right to revise the appraisal report. The use of this Extraordinary Assumption may have affected the assignment results.
Letter of Transmittal
• Hypothetical Conditions, which USPAP defines as conditions directly related to a specific assignment, which are contrary to what is known by the appraiser to exist on the effective date of the assignment results but are used for the purpose of analysis.
1. The subject property is valued as its highest and best use with the current C-G zoning and additionally with an assumption that the current building improvements are not the highest and best use of the property. Therefore, we value the land as if vacant. If more accurate information becomes available, we reserve the right to revise the appraisal report. The use of this Hypothetical Condition may have affected the assignment results. • Special Limiting Conditions, which are assignment-specific conditions that limit the use of the report.
1. None.
Significant Valuation Issues- The following are assignment-specific issues which we found to be significant in this valuation assignment.
1. None.
Letter of Transmittal
Value Conclusion
Based upon the investigations conducted, the analyses made, our experience as a real estate analysts and appraisers, the Assumptions and Limiting Conditions and the Certifications contained in this Appraisal Report, we estimate that the Fair Market Value of the subject property, as of the effective date of valuation, is as follows:
CONCLUSION- Fair Market Value as Highest and Best Use-Vacant Commercial Land As a result of our investigation and analysis, it is our opinion that the Fair Market Value of proposed fee simple acquisition and temporary construction easement acquisitions of the subject property, as of the effective date of valuation, is:
Valuation
Premise
Interest
Appraised
Effective Date
of Value
FINAL
Value
Conclusion
Fair Market Value Fee Simple 6/5/2022 $510,000
Thank you for the opportunity to be of service to you. If you have any questions regarding the material presented in this report, or if you require any further assistance, please contact us.
Sincerely,
CURTIS-ROSENTHAL, INC.
Randall Blaesi, ASA, SR/WA, MRICS David M. Rosenthal, MAI, FRICS CA #AG008581 CA #AG001641
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 1 Table of Contents
EXECUTIVE SUMMARY .......................................................................................................................2 SITE DESCRIPTION............................................................................................................................32 HIGHEST AND BEST USE ...................................................................................................................43 VALUATION TECHNIQUES OVERVIEW ...............................................................................................45 COST APPROACH..............................................................................................................................46 SALES COMPARISON APPROACH ......................................................................................................47 COVID-19 Market Impacts................................................................................................................49 VALUE RECAPITULATION..................................................................................................................58 MARKETING/EXPOSURE TIME ESTIMATION......................................................................................60 CERTIFICATION ................................................................................................................................61 ADDENDA........................................................................................................................................63 APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 2
EXECUTIVE SUMMARY
Identification of Property: For the purposes of this appraisal, we utilize a location from public records for the subject property of 4865
Durfee Avenue, Pico Rivera, CA 90660.
Assessor Parcel No: 6374-015-012.
Property Rights Appraised: Fee Simple interest.
Land Area: The subject property land area consists of a 8,996 square foot or 0.21-acre parcel, as per the county assessor
records.
Improvements: The subject is valued as vacant land.
Zoning: The property is zoned C-G, General Commercial.
Flood Zone: Zone X, as shown on map 06037C1664F dated
09/26/2008. Zone X is the flood insurance rate zone that corresponds to the areas of 0.2-percent chance flood;
areas of 1% annual chance flood; and areas protected by levees from 1% annual chance flood. Mandatory flood
insurance purchase is not required.
Earthquake: Properties in California are subject to some degree of earthquake risk. We are not seismic engineers and we
are not qualified to determine earthquake hazards. Our
appraisal assumes that the subject is not adversely
impacted by atypical earthquake risk. We recommend
obtaining a geologic study to determine any potential
earthquake hazard that might impact the subject site
Utilities: The property is assumed to have public utilities available, including water, sewer, electricity, natural gas, internet and telephone.
Highest & Best Use Commercial.
PARCEL OWNERSHIP
Owner: No Preliminary Title Report for the subject was provided.
According to public records, the owner is the Post No.
6315, Veterans of Foreign Wars.
Owner Title of Interest: Fee Simple title.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 3 Date of Inspection: June 5, 2022.
Date of Value: June 5, 2022.
Value Conclusions:
CONCLUSION- Fair Market Value as Highest and Best Use- Vacant Commercial Land As a result of our investigation and analysis, it is our opinion that the Fair Market Value of proposed fee simple acquisition and temporary construction easement acquisitions of the subject property, as of the effective date of valuation, is:
Valuation
Premise
Interest
Appraised
Effective Date
of Value
FINAL
Value
Conclusion
Fair Market Value Fee Simple 6/5/2022 $510,000
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 4
MARKET AREA ANALYSIS
The Los Angeles metropolitan area encompasses the five counties of Los Angeles, Orange, Riverside, San Bernardino, and Ventura. It is comprised of the following four Metropolitan Statistical Areas (MSA's): Los Angeles, Orange County, Oxnard-Ventura, and Riverside-San Bernardino.
The region is well served by several international airports (including Los Angeles International and Ontario International), Amtrak (the national passenger rail service), and several east-west and north-south interstate highway systems. Intra-regional transportation service includes a network of freeways, a commuter rail system, bus systems, and a growing system of subway and light-rail trains.
Los Angeles County Overview
Los Angeles County is one of California's original 27 counties and was established February 18, 1850.
Originally the county occupied a comparatively small area along the coast between Santa Barbara and San Diego; however, it soon expanded rapidly as far east as the Colorado River. During subsequent years, Los Angeles County slowly reduced in size, with the last major detachment occurring in 1889 with the creation of Orange County. It remains one of the nation's largest counties with approximately 4,084 square miles, area 800 square miles larger than the combined area of the states of Delaware and Rhode Island; and marginally smaller than the state of Connecticut. Los Angeles County has a relatively central location within the region. Although it lies on the coast, it stretches inland approximately 100 miles. It includes the islands of San Clemente and Santa Catalina and is bordered on the east by San Bernardino County, on the north by Kern County, on the west by Ventura County, and on the south by the Orange County and the Pacific Ocean. Its coastline is 81 miles long.
Los Angeles County is considered the capital of Greater Los Angeles. It contains 88 separate incorporated cities, more than twice as many as in any of the other Greater Los Angeles counties. It is the most populated county in the nation. According to Department of Finance estimates for January 2020, the county's population is more than 10.1 million. The most populated city within the county is the City of Los Angeles with more than 4.0 million residents, or 40 percent of the total county population.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 5 Los Angeles County Economy
The Los Angeles economy is on solid footing during this economic expansion. Businesses had continued to expand in L.A. However, L.A.'s labor market has been historically tight.
The metro's economy is diverse, with a high concentration of workers employed in entertainment, tech, logistics, and tourism industries, as well as various manufacturing industries such as aerospace, food products, apparel, computer/electronics, and chemicals. The industry diversity reduces risk of lower global demand from any one of these goods or services.
L.A. position as the entertainment capital of the world and the increased demand for video streaming and social media has been a boon to the L.A. economy.
Tourism is important for the local economy. Over 500,000 people in the county are employed in the leisure and hospitality industry.
As a structural issue, the prohibitive cost of housing in L.A. is a major impediment to hiring and is often cited as a motivating factor for companies to relocate to other parts of the country. Some are relocating to more affordable areas of the country, like Arizona, Nevada, and Texas.
Bigger picture, the metro remains an entry point for international migration and an attractive destination for educated talent. More people making six-figure paychecks continue to move to L.A. than are leaving.
Education levels, while below the national average, continue to improve year after year.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 6 County Economy2F2F
1 1 LAEDC Economic Forecast and Industry Outlook
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 7
AREA MAP
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 8 City of Los Angeles
The City of Los Angeles represents the cornerstone of the Southern California metropolitan area. It is the largest city in California in population and land area. It is the second largest city in the United States. The city encompasses approximately 470 square miles and operates under a council-mayor form of government. It was originally founded in 1781 and was incorporated in 1850.
The City of Los Angeles’ population has increased steadily over the decades due largely to its favorable climate, Multiple-Family Residential base and job growth. The overall rate of population growth was greater prior to the 1990’s, when a national recession coupled with a major downturn in the local aerospace industry had a significant impact of the region. Although not up to the growth rates seen prior to the recession, the rate of population growth is again on the rise.
Transportation systems servicing the city include shipping (Los Angeles & Long Beach Harbors), air transport (Los Angeles International Airport, Long Beach Airport, Burbank Airport, and other regional airports), an extensive interstate and intrastate highway system, and an established railway system. The burgeoning population of the greater Los Angeles area has in the past two decades given rise to an expanding light railway system, as well as additional freeways and traffic corridors to facilitate commuters.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 9 The City of Los Angeles is unusual amongst American cities in that while it has a successful downtown commercial district, the city as a whole has a long history of annexing adjacent communities, which has resulted in an expansion reflective of a “Multiple Nuclei Model”, whereby multiple cities/communities with their own central business districts and radiating growth patterns have merged over the years into what is now becoming a megalopolis, with multiple core business districts and residential areas that have their own unique dynamics. For example, in addition to the downtown Los Angeles central business district, there are other successful suburban districts including the Westside and San Fernando Valley, as well as culturally founded communities such as Chinatown, Little Tokyo and Koreatown.
The greater Los Angeles area has become the nation’s number two business center, second only to New York. The area’s economic expansion has created important challenges to the continuity of future growth, both in the greater Los Angeles area and the city itself. Among these challenges are affordable housing, transportation, air quality, water supply and the community infrastructure. Public policy, technology and competition will continue to reshape the manufacturing, commercial and Multiple-Family Residential marketplaces of the city.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 10 City of Los Angeles Demographics
Source: www.stdbonline.com
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 11
CITY OF PICO RIVERA
The subject property is in the City of Pico Rivera. Major streets in the area include Major streets in the area include Washington Blvd., Rosemead Blvd., Workman Mill Road, Whitter Blvd., Beverly Blvd. and Norwalk Blvd. Pico Rivera is a city located in southeastern Los Angeles County in the state of California.
The city is approximately 11 miles southeast of downtown Los Angeles, on the eastern edge of the Los Angeles basin and on the southern edge of San Gabriel Valley. The ports of Long Beach and Los Angeles, as well as Los Angeles International Airport are in proximity. Pico Rivera was incorporated January 29, 1958 and has an area of approximately 8.88 square miles and elevation of 164 feet. Pico Rivera has a Council-Manager type of government. The City of Pico Rivera is situated between the Rio Hondo River and the San Gabriel River. The area was once predominantly agricultural. The city has changed from the small farming community in the 1800’s to one of over 64,260 residents. There is a mix of residential land uses, commercial uses and Multiple-Family Residential uses within the city.
Pico Rivera was founded in 1958, from a merger of the unincorporated communities of Pico and Rivera.
The top ten employers in Pico Rivera are: El Rancho Unified School District, Wal-Mart Supercenter, Southern Calif. Gas, Make Mark, Cintas Facility Services Los Angeles, Target, Feit Electric Co., Inc, Bay Cities Containers, First Source, LLC, and Lowes.
Surrounding communities include the following:
• To the North: City of Montebello, Unincorporated area of Los Angeles County and City of Whittier
• To the South: Downey and Santa Fe Springs
• To the West: Montebello and City of Commerce
• To the East: Whittier, City of Industry, Unincorporated area of Los Angeles County.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 12 Neighborhood Description
The subject is located in an area of primarily commercial and multi-family uses along the primary thoroughfares. The immediate area of the subject property is generally characterized as a suburban commercial and residential area. There are low and medium density residential uses in the broader surrounding market area along the local streets.
The immediate area is considered to be improving, with rental rates and sales prices generally rising gradually. There are few vacant land sites available for new development.
The subject is located at 4865 Durfee Avenue, Pico Rivera, CA 90660. It is located in incorporated City of Pico Rivera, Los Angeles County, State of California. Major streets in the area include Washington Blvd., Rosemead Blvd., Workman Mill Road, Whitter Blvd., Beverly Blvd. and Norwalk Blvd. Freeway access to the subject property is considered good. Interstate 605 Freeway is located approximately 0.75 mile to the southwest of the subject via Whittier Blvd.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 13 Location Maps
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 14
AERIAL PHOTOS
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 15 APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 16 CoStar Market & Submarket Summary and Subject Demographics2
2 COSTAR MARKET ANALYSIS
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 17 APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 18 APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 19 APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 20 APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 21 APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 22 APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 23 APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 24 APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 25 APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 26 APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 27 APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 28 APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 29 APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 30 APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 31
CONCLUSION
The market for commercial property is strog, with rising rents.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 32 Site Area
SITE DESCRIPTION
The subject property land area consists of 8,996 square feet or 0.21 acres.
Site Shape Irregular.
Topography The subject site is generally level in topography.
Improvements The subject is valued as vacant land.
Vehicular Access The subject is located at 4865 Durfee Avenue, Pico Rivera, CA 90660.
The property is located on the northwest corner of Durfee Avenue and West Blvd.
It is located in incorporated City of Pico Rivera, Los Angeles County, State of California. Major streets in the area include Washington Blvd., Rosemead Blvd., Workman Mill Road, Whitter Blvd., Beverly Blvd. and Norwalk Blvd. Freeway access to the subject property is considered good. Interstate 605 Freeway is located approximately 0.75 mile to the southwest of the subject via Whittier Blvd.
Pedestrian Access
Legal Description
Assessor’s Parcel
Numbers
The property is accessed via Durfee Avenue and West Blvd.
Please refer to the Property Detail Report. A copy is included on the later in this section of the report.
6374-015-012.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 33 Zoning The property is zoned C-G, General Commercial, according to the City zoning map.
Chapter 18.28 C-G GENERAL COMMERCIAL ZONE
18.28.010 Establishment.
There is hereby established a zone which shall hereinafter be known as the “C-G general commercial zone,” and which shall function and serve as set out in this chapter. (Prior code § 9205.11)
18.28.020 Intent and purpose.
The intent and purpose of the C-G general commercial zone is to designate areas within the city for providing a full range and wide variety of retail commercial stores and service establishments that are not dependent on marketing and trading area support solely within the corporate boundaries of the city, but also rely on consumer purchasing power outside the established community. (Prior code § 9205.11 (A))
18.28.030 Applicability—Criteria.
A. The C-G zone is a land use classification which, in part, assists in the implementation of the commercial land use element of the general plan. It is a zone classification designed to be applied in those areas of the community where the greatest variety and range of commercial uses can be amassed largely dependent on their respective interrelationships for providing goods and services to an unlimited source of consumer purchasing power.
B. Application of the C-G zone need not be as definitive as the C-N and C-C zones, but must be protected from uses of land that are oriented and more closely associated and compatible with industrial activities.
C. Uses of land which do not qualify and which are not specifically permitted in the C-G zone are hereby expressly prohibited. (Prior code § 9205.11 (B))
18.28.040 Permitted uses.
Regulations governing permitted uses of land in the C-G zone are specifically set forth in Chapter 18.40 of this title. (Prior code § 9205.11 (C))
18.28.050 Property development conditions.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 34 Zoning
Compliance
Regulations governing the development of property for uses in the C-G zone are specifically set forth in Chapter 18.42 of this title. (Prior code § 9205.11 (D))
18.28.060 Off-street parking.
Regulations governing off-street parking requirements for uses and development of property in the C-G zone are specifically set forth in Chapter 18.44 of this title. (Prior code § 9205.11 (E))
18.28.070 Signs and advertising.
Regulations governing permitted signs and advertising for uses and development of property in the C-G zone are specifically set forth in Chapter 18.46 of this title. (Prior code § 9205.11 (F)) Chapter 18.44 OFF-STREET PARKING AND LOADING
(All Content Displayed)
Alert: This item has been affected by: Ordinance 1156. Visit the CodeAlert page for more information on pending legislation.
18.44.010 Purpose of provisions.
The intent and purpose of this chapter is to establish regulations governing off-street parking and loading facilities in the various zone classifications of the city, and to recognize the need to control and require adequate facilities for the parking of vehicles within reasonable boundaries consistent with the overall goals and objectives affecting the city as a whole. (Prior code § 9208.01)
18.44.020 Parking and loading chart—Adopted.
The chart and text illustrated in Section 18.44.040 of this chapter are hereby adopted and made a part of this chapter. (Prior code § 9208.02)
18.44.030 Parking and loading chart—Directions for use.
The off-street parking and loading regulations chart is divided into three basic categories—residential, commercial, and industrial uses—which are the minimum regulations required for the use and development of property in the various zone classifications. In order to determine the zone in which the regulations governing off-street parking and loading are subject to, application and use of the chart is as follows:
A. Find the applicable use in the “Land Use” column as set forth in Section 18.44.040 of this chapter.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 35 B. Read across the chart to the zone column in which the requirement sought appears.
C. If a specific requirement appears in a zone column, this means that it is the minimum regulation required for the particular zone classification represented by the column in which the regulation appears.
D. If parenthetic numbers appear in a column, this means that the specific regulation required for the particular zone classification represented by the column in which the parenthetic numbers appear is subject to compliance with the special conditions, requirements and limitations set forth in and corresponding with the numbered conditions of subsection B of Section 18.44.050.
E. If neither a specific regulation nor parenthetic number appears in a zone column, this means that the governing regulation set forth in Table 18.44.040 in the “Land Use” column thereof does not apply to the zone classification represented by the column, or may not be permitted. (Prior code § 9208.03)
18.44.040 Parking and loading chart—Contents.
Alert: This item has been affected by: Ordinance 1156. See the CodeAlert page for details on recent amendments and newly-added provisions.
The basic off-street parking and loading regulations are categorized, enumerated and set forth in Table 18.44.040, Off-Street Parking and Loading, set out following this section.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 36 Table 18.44.040
OFF-STREET PARKING AND LOADING
Land Use R-E, S-F, R-I, and PUD
Zones R-M Zone
A
.
Residential Uses Parking Spaces and/or Facilities Required 1 .
Single-family dwelling units,
duplexes and garage conversions
Two parking spaces in a garage for each dwelling unit with the exception of nonconforming dwellings requiring compliance to Section 18.54.060.
a. Guesthouse One garage or carport
attached to the guesthouse.
2 .
Multiple-family dwelling units Two parking spaces in a garage or carport for each dwelling unit. a. Apartment developments containing
eight or more dwelling units
One open guest parking space that
shall be provided for each eight
dwelling units or fraction thereof
b. Rooming houses and boarding
houses, and other similar such uses
having guestrooms
Two parking spaces in a garage or
carport for each three guestrooms.
In dormitories, each 100 square
feet of habitable floor area shall be
considered equivalent to one
guestroom.
3 .
Other uses permitted in residential
zones
a. Child care centers, day nurseries and
such other similar uses
One open parking space for each 300 square feet of net building floor area, or for each 10 children the facility is designed and/or licensed for, whichever is greater.
b. Religious places of worship One open parking space for each 4 fixed seats or for each 40 square feet of floor area used for seating purposes and educational classrooms, whichever provides the greater number of parking places. No additional parking required for classrooms solely dedicated to the instruction of children under the age of 18.
Adequate instructor parking to be provided.
c. Convalescent, nursing and/or
resthomes
One open parking space for each two beds and/or residents for which the facility’s capacity is licensed
d. Mobilehome parks Two open parking spaces on each
mobilehome site, and one open
guest parking space for each four
mobilehome sites
e. Senior citizen housing One parking space for each three dwelling units
4 .
Other applicable regulations
governing off-street parking
requirements
(1, 2-a, 3, 4-10, 18, 19, 20,
23, 24, 25, 26, 27)
(1, 2-a, 3, 4, 6-10, 12-20, 23)
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 37 Table 18.44.040
OFF-STREET PARKING AND LOADING (continued)
Land Use P-A, C-N, C-M, C-C, C-G and CTP Zones
B
.
Commercial Uses Parking Spaces and/or Facilities Required 1 .
All retail stores and other uses except
as provided elsewhere in this section
One open parking space for each 250 square feet of net
building floor area
2 .
Bowling alleys and skating rinks Two open parking spaces for each alley, and one open parking space for each three fixed seats or for each 30 square feet of floor area used for assembly and/or seating purposes,
whichever provides the greater number of parking spaces 3 .
Hotels and motels One open parking space for each sleeping room without kitchen facilities and one space in a garage or carport for each dwelling unit
4 .
Places of public assembly One open parking space for each three fixed seats or for each 30 square feet of floor area used for assembly or seating purposes, whichever provides the greater number of parking spaces
5 .
Religious places of worship One open parking space for each four fixed seats or for each 40 square feet of floor area used for seating purposes and educational classrooms, whichever provides the greater number of parking places. No additional parking required for
classrooms solely dedicated to the instruction of children under the age of 18. Adequate instructor parking to be provided. 6 .
Other applicable regulations (1, 2-b, 2-c, 3-6, 9-a, 10-22, 23) I-L, I-G, IPD Zones
C
.
Industrial Uses Parking Spaces and/or Facilities Required 1 .
Industrial uses Sufficient parking facilities shall be provided, but in no case shall there be less than one open parking space for each 1,000 square feet of net building area
2 .
Religious places of worship One open parking space for each four fixed seats or for each 40 square feet of floor area used for seating purposes and educational classrooms, whichever provides the greater number of parking places. No additional parking required for
classrooms solely dedicated to the instruction of children under the age of 18. Adequate instructor parking to be provided. 3 .
Other applicable regulations
governing off-street parking
requirements
(1, 2-b, 2-c, 3-6, 9-a, 10-22, 23)
(Ord. 1082 § 5, 2014; Ord. 968 §§ 9—11, 2001; Ord. 922 § 12, 1999; Ord. 857 § 14, 1994; Ord. 835 § 4, 1993; Ord. 834 § 11, 1993; Ord. 830 § 8, 1993; Ord. 765 §§ 33—38, 1989; prior code § 9208.04) Not Applicable. The subject is valued as vacant land.
Utilities The property is assumed to have public utilities available, including water, sewer, electricity, natural gas, internet and telephone.
Flood Zone Zone X, as shown on map 06037C1664F dated 09/26/2008. Zone X is the flood insurance rate zone that corresponds to the areas of 0.2-percent chance flood; areas of 1% annual chance flood; and areas protected by levees from 1% annual chance flood. Mandatory flood insurance purchase is not required.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 38 Earthquake Zone Properties in California are subject to some degree of earthquake risk. We are not seismic engineers and we are not qualified to determine earthquake hazards.
Our appraisal assumes that the subject is not adversely impacted by atypical earthquake risk. We recommend obtaining a geologic study to determine any potential earthquake hazard that may impact the subject site.
Soil Conditions We were not provided with a soils report. We recommend consulting with a qualified geologist or soil engineer to determine the extent and cost to cure of any underlying soil conditions that exist on the subject site.
Environmental
Conditions
An environmental report was not provided to us. We recommend consulting with a qualified environmental expert, geologist or soil engineer to determine the extent and cost to cure of any underlying soil conditions that exist on the subject site.
Easements and
Encumbrances There are assumed to be no significant impacts from easements for roads, water pipelines, mains and ditches, easements, if any, in favor of the public or other parties, over the property. No preliminary title report was provided. We assume that these items would not adversely affect the use of the property. If more accurate information becomes available, we reserve the right to revise the appraisal report.
We are not aware of any other easements or encumbrances impacting the subject other than those imposed by utilities, local government and quasi-government agencies for utilities, rights-of-way, etc.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 39
PLAT MAP
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 40 Photographs of the Subject
Subject – View NW Subject – View W-NW
Subject – View SW Subject – View W along West Blvd.
Subject – View S along Durfee Avenue Subject – View N along Durfee Avenue APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 41 Ownership and Property History
No Preliminary Title Report for the subject was provided. According to public records, the owner is the Post No. 6315, Veterans of Foreign Wars.
We are not aware of any arms-length sales, listings, escrows or pending sales of the subject property during the past three years.
Assessed Value and Taxes
Under California Proposition 13, the real estate tax rate is limited to 1% of assessed value plus limited amounts for direct assessments. The property is reassessed upon sale, significant remodeling, or new construction. A purchaser must pay taxes based on the assessed value (typically equal to the purchase price) of the property at the time of sale. For purposes of our analysis, we assume a tax liability based upon our opinion of value. We assume that all real estate taxes are paid current.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 42 APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 43
HIGHEST AND BEST USE
Highest and Best Use is defined as the reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value. In the analysis of highest and best use as though vacant and the highest and best use as improved, we have considered four criteria: legally permissible, physically possible, economically feasible and maximally productive.
Since improved properties sometimes do not contain the improvements that would generate the greatest return to the land, the highest and best use of the land as if it were vacant, as well as the highest and best use of the property as it is currently improved, normally are considered. In extreme cases, this analysis will call into question whether the existing improvements should be preserved.
There are four criteria used in the highest and best use analysis process. These are:
1. Legally Permissible Use. What uses are permitted legally under existing general plan, zoning, building codes, historic district controls, environmental regulations, deed (private) restrictions, and long-term lease provisions on the site in question?
2. Physically Possible Use. What uses of the site are physically possible, given its size, shape, area, terrain, soils composition, accessibility, assembly potential, and risk potential from natural disaster?
3. Financially Feasible Use. Which possible and permissible uses will produce a positive net return to the owner of the property?
4. Maximally Productive Use. Among the feasible uses, which will produce the highest residual land value consistent with the rate of return warranted by the market for that use? When appraising a property, whether improved or vacant, the appraiser determines the highest and best use of the land only. Then, if the property is improved, the appraiser determines its highest and best use as improved.
HIGHEST AND BEST USE AS VACANT
Legally Permissible Uses. The property is zoned C-G, General Commercial, according to the City zoning map.
A variety of Commercial uses would be legally permissible on the subject site.
Physically Possible Uses. The size, topography, and location of the subject are important factors in determining the use of the property. The size of the parcel can have a significant effect on the type of development that is possible and on the economies of scale.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 44 The physical characteristics of the parcel such as size, shape, frontage, topography, accessibility, are adequate for Commercial use. It is assumed that public water, public sewer, electricity, internet and telephone are available to the subject site.
The subject property land area consists of 8,996 square feet or 0.21 acres. It is irregular in shape.
Consideration was given to the individual features of the land including, location, size, shape, availability of public utilities and access to roadways. Consideration was also given to the neighboring land uses and the current land use demands in the area.
It is considered feasible to develop the subject for Commercial use.
Based upon the analysis, the physically possible use for the subject property is for Commercial uses.
Financially Feasible / Maximally Productive Uses. A proposed property improvement must be able to deliver an income return that generates the market value sufficient to pay for the developmental costs, the risks involved, and profit appropriate for the type of development.
Given the location of the subject site, there is substantial demand for Commercial uses.
Based upon the analysis, the Financially Feasible/ Maximally Productive Use for the subject property is for Commercial uses.
Conclusion:
Our analysis indicates that the highest and best use of the subject site is for Commercial use. Based upon the analysis, the physically possible use for the subject property is for Commercial uses. Commercial use is financially feasible and represents the Highest and Best Use of the site.
HIGHEST AND BEST USE AS IMPROVED - The property is assumed to be vacant. The subject is valued as vacant land.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 45
VALUATION TECHNIQUES OVERVIEW
VALUATION PREMISE
The three accepted approaches to value are the Sales Comparison Approach, the Income Approach (capitalization analysis) and the Cost Approach (reproduction or replacement cost analysis).
Cost Approach
This approach is based on the proposition that an informed purchaser would pay no more for a property than the cost of producing a substitute property with the same utility. It is particularly applicable when the subject property involves relatively new improvements that represent the Highest and Best Use of the land, or when relatively unique or specialized improvements are located on the site for which there exist no comparable properties in the market. The Cost Approach is not utilized in this analysis. Vacant land is not typically valued utilizing the Cost Approach.
Sales Comparison Approach
This is an appraisal procedure in which the valuation is predicated upon prices paid in actual market transactions and current listings. The former suggests the lower limit of value in a static or advancing market and suggests the higher limit of value in a declining market. The latter suggests the high limit in any market. It is a process of analyzing sales of similar, recently sold properties in order to derive an indication of the most probable sales price of the property being appraised. The reliability of this technique is dependent upon:
1. Availability of comparable sales data
2. Verification of the sales data, and
3. The degree of comparability or extent of adjustment necessary The Sales Comparison Approach utilizing comparable land sales will be used to estimate the value of the subject land. When adequate data is available, this approach is generally considered the best indication of market value for the land value “as is.”
Income Capitalization Approach
This approach is widely applied in appraising income-producing properties. Anticipated present and future income, as well as any future reversions, is discounted to the present value through capitalization. This approach relies upon market data to establish current economic rents and expense levels to arrive at an expected net income. The Income Approach was not utilized in this analysis.
Valuation Methodology Used in This Assignment
Our valuation of the subject property includes the following analyses:
• Sales Comparison Approach
The subject property is valued as its highest and best use with the current C-G zoning and additionally with an assumption that the current building improvements are not the highest and best use of the property. Therefore, we value the land as if vacant. If more accurate information becomes available, we reserve the right to revise the appraisal report. It is subject to the Assumptions and Limiting Conditions contained herein.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 46
COST APPROACH
The Cost Approach is based on the economic principle of substitution. A cornerstone of this valuation approach is the premise that an informed buyer would not pay more for a property than the cost of acquiring a comparable vacant site and constructing an improvement program of similar utility.
The fundamental steps of the Cost Approach are outlined below:
1. Estimate the value of the site assumed vacant and available for development to its Highest and Best use.
2. Estimate the total reproduction or replacement costs associated with the improvement program. These costs include direct or hard costs such as building materials and labor, as well as indirect or soft costs such as financing charges, real estate taxes during construction, professional fees, carrying charges, etc.
Reproduction costs are used when it is necessary to estimate the costs to exactly replicate a building in every detail. Typically, a replacement cost estimate is more appropriate and useful. The replacement cost estimate is based on the expense associated with developing a similar building of equal utility and function.
3. Estimate an appropriate level of entrepreneurial profit. This cost reflects the required return to the developer for assuming the time, coordination, and risk associated with project development. This cost is distinct from contractor’s profit and overhead which is incorporated as a direct cost.
4. Add together the total construction costs (i.e.-direct costs, indirect costs, and entrepreneurial profit) associated with development.
5. Subtract any observed levels of depreciation impacting the subject property. Depreciation may stem from physical deterioration, functional obsolescence, or economic obsolescence. The total construction cost adjusted for accrued depreciation yields the Replacement or Reproduction Cost less Depreciation.
6. Add the total depreciated improvement value to the estimated land value to derive the value indicated by the Cost Approach.
The Cost Approach is not applicable to the valuation of the subject property for the following reason:
• The Sales Comparison approach isthe conventional approaches relied upon by participants in the subject’s marketplace.
The Cost Approach is not utilized in this analysis.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 47
SALES COMPARISON APPROACH
SALES COMPARISON APPROACH-LAND VALUATION
The Sales Comparison Approach is a method of valuation that compares prices paid for similar properties in an open and free marketplace. A survey of the market in the subject area was made in an effort to locate comparable sales of similar properties, which would aid in forming an opinion of the value for the subject property.
Of the sales data discovered and investigated, the data presented are considered the most pertinent and most defensible since they represent transactions that have recently taken place among purchasers who could have considered the subject if it were available in the marketplace.
Our research parameters are summarized below.
SALE COMPARABLES PRIMARY SEARCH PARAMETERS
Location
Land sales in the market area of the subject. A wide search area was considered given the large size of the subject property and the scarcity of sales of comparably sized sites Sale Date January 2021 to present
Property Type 0.25 acre to 2 acres of land
Method of Analysis
Price Per Square Foot
Our research in the marketplace indicated that most
investors would analyze sales comparables on this basis.
A survey of the market in the subject area was made in an effort to locate comparable sales of similar properties within the subject marketplace, which would aid in forming an opinion of the value for the subject property. Our research revealed several properties to compare to the subject.
The analysis that follows relies on a detailed discussion of specific strengths and weaknesses observed among the data items, with individual adjustments applied in the form of an adjustment matrix.
Subsequent to the presentation of data, further comments relating to our analysis and valuation are provided.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 48 The initial stages of the appraisal process include the investigation, organization, and analysis of relevant market data and other information that relates to the value of the subject property. By searching public records and interviewing buyers, sellers, real estate agents, developers, and others, we have found data pertaining to sales of properties reasonably comparable to the subject property.
The analysis in the Sales Comparison Approach compares the subject property to other properties that have sold in the market area. The following sales were considered meaningful in providing an indication of value for the subject property. A map of the comparable sales and summary of the comparable sales are presented as well.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 49
COMPARABLE SALES MAP
N
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 50 ITEM SALE DATE ZONE CASH EQV. PRICE
DOCUMENT NO. SQUARE FEET PRICE PER SF
ASSESSOR'S PARCEL NUMBER SELLER ACRES SOURCE
COMMENTS BUYER BROKER
1 3436 Tyler Avenue February 28, 2022 C3 $ 2,550,000
El Monte, CA 91731 227545 32,409 $ 78.68
8579-014-901, 902 & 903 City of El Monte/Alma Martinez 0.74 CoStar, Deed Commercial development by right Ramona Metro Point, LP/Stalzer No Brokers 2 13128-13130 Valley Blvd. December 21, 2021 C1 $ 1,250,000 La Puente, CA 91746 1890472 22,651 $ 55.19
8110-011-003, 004 & 005 Santa Mariana, LLC/Lihua Fan 0.52 CoStar, Deed Older building of no value Lucky 4 Leaf Clover..., LLC/Jiaming Nie Triple 8 Realty-Amy Hsu 3 12138 Valley Blvd. November 20, 2020 C4 $ 910,000
El Monte, CA 91732 1493940 26,136 $ 34.82
8106-008-003 & 004 W&B Inv. Group, LLC/V. Hung Shing Hui 0.60 CoStar, Deed Commercial development by right Milano Realty, LLC/Cam Luu Cam Luu-Milano Realty 4 13057 Garvey Avenue October 4, 2021 CM $ 890,000
Baldwin Park, CA 91706 1504329 23,470 $ 37.92
8556-022-906, 907 & 908 City of Baldwin Park/Enrique Zaldivar 0.54 CoStar, Deed Commercial development by right Garvey Ave. Baldwin Park/Galanakis No Brokers 5 14921 E. Ramona Blvd. March 24, 2021 CM $ 1,065,000
Baldwin Park, CA 91706 446173 25,783 $ 41.31
8437-017-011 Tri R, LLC/Quock 0.59 CoStar, Deed
Older building of no value Dishkin Trust/ Ed Dishkin Evan Jurgensen of Lee & Associates 6 9710 Garvey Avenue February 22, 2021 C3 $ 1,650,000
Baldwin Park, CA 91706 291718 25,260 $ 65.32
8102-028-005 Blume Trust/Barry Blume 0.58 CoStar, Deed
Older building of no value Golden Mission, LLC/Peter Hong Johnathan Chao of KW Premier Properties
SUMMARY OF EFFECTIVELY VACANT LAND SALES
STREET ADDRESS
CITY STATE ZIP
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 51 Aerial Maps of Comparable Sales
Sale Number One Sale Number Two
Sale Number Three Sale Number Four
Sale Number Five Sale Number Six
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 52
DISCUSSION OF SALE COMPARABLES-LAND VALUATION
This analysis identifies the similarities and differences between subject and comparable properties. The primary elements of comparison include property rights, financing terms, conditions of sale (motivation), market conditions (sale date), and physical characteristics (e.g. zoning, utilities, site improvements, location, access, etc.). The common quantitative adjustment process involves paired sales analysis that compares two or more market sales to derive an indication of the adjustment for a single characteristic and applies it to the applicable data. Recognizing the weaknesses inherent in a quantitative analysis, a qualitative technique can be used. The adjustments applied are not necessarily representative of paireddata analysis and are not intended to be viewed in a precise or absolute context. Rather, they are intended to offer general insight with regard to the order of magnitude afforded each of the adjustment categories, as determined by the appraiser by virtue of our investigations into the subject marketplace.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 53 Market Conditions (Time)
CoStar market trends from the graph below and research with other sources suggest that values have increased recently. The overall rate of increase is estimated at 3% per year. Therefore, a time adjustment is required for the comparable sales occurring over 6 months ago.
On the subsequent pages are a discussion and an opinion of value for the subject property.
Generally, quantitative adjustments consist of making either percentage or dollar adjustments to account for the differences between the subject and the comparable sales. Qualitative adjustments require the appraiser to rank the comparable sales in terms of inferiority/superiority to the subject. In this appraisal, we utilize qualitative analysis.
GENERAL LOCATION
The comparable sales are rated similar in location, compared to the subject. No adjustment is required.
SPECIFIC LOCATION
The comparable sales are adjusted as required, based upon location on a superior or inferior location, as compared to the subject.
SIZE
The comparable sales vary in size. The various sizes are adjusted as required to reflect market influence, compared to the subject.
SHAPE/UTILITY
The comparable sales have adequate frontage and depth for development and are all similar to the subject.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 54
ZONE/ENTITLEMENTS/DENSITY
The subject is zoned C-G, General cOMMercial. The comparable sales have similar land use and/or development density as compared to the subject or are adjusted accordingly.
ACCESS
All of the comparable sales are located on public roads with good access. The subject property is accessed via a public street.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 55 Discussion of Data Items
Comparable 1 The general location is similar. The specific location is similar to the subject. The shape/utility of the site is similar to the subject. The topography is similar to the subject. The comparable has legal access and is rated similar to the subject. The lot size is rated inferior to the subject (economies of scale). The zoning/entitlements/density are rated similar to the subject. The subject is a corner parcel and the comparable is a corner parcel. The visibility and infrastructure improvements (paved road access) are similar to the subject. There were no brokers involved. All factors considered, the subject unit value is estimated below this indicated value at $82.62 per square foot of land.
Comparable 2 The general location is similar. The specific location is similar to the subject. The shape/utility of the site is similar to the subject. The topography is similar to the subject. The comparable has legal access and is rated similar to the subject. The lot size is rated inferior to the subject (economies of scale). The zoning/entitlements/density are rated similar to the subject. The subject is a corner parcel and the comparable is an interior parcel. The visibility (corner versus interior parcel) and infrastructure improvements (paved road access) are inferior to the subject. The broker was Amy Hsu of Triple 8 Realty.
All factors considered, the subject unit value is estimated below this indicated value at $60.15 per square foot of land.
Comparable 3 The general location is similar. The specific location is similar to the subject. The shape/utility of the site is similar to the subject. The topography is similar to the subject. The comparable has legal access and is rated similar to the subject. The lot size is rated inferior to the subject (economies of scale). The zoning/entitlements/density are rated similar to the subject. The subject is a corner parcel and the comparable is an interior parcel. The visibility (corner versus interior parcel) and infrastructure improvements (paved road access) are inferior to the subject. The broker was Kenneth Tananan of Century 21 Masters. All factors considered, the subject unit value is estimated above this indicated value at $38.03 per square foot of land.
Comparable 4 The general location is similar. The specific location is similar to the subject. The shape/utility of the site is similar to the subject. The topography is similar to the subject. The comparable has legal access and is rated similar to the subject. The lot size is rated inferior to the subject (economies of scale). The zoning/entitlements/density are rated similar to the subject. The subject is a corner parcel and the comparable is an interior parcel. The visibility (corner versus interior parcel) and infrastructure improvements (paved road access) are inferior to the subject. There were no brokers involved. All factors considered, the subject unit value is estimated above this indicated value at $41.75 per square foot of land.
Comparable 5 The general location is similar. The specific location is similar to the subject. The shape/utility of the site is similar to the subject. The topography is similar to the subject. The comparable has legal access and is rated similar to the subject. The lot size is rated inferior to the subject (economies of scale). The zoning/entitlements/density are rated similar to the subject. The subject is a corner parcel and the comparable is an interior parcel. The visibility (corner versus interior parcel) and infrastructure improvements (paved road access) are inferior to the subject. The broker was Evan Jurgensen of Lee & Associates. All factors considered, the subject unit value is estimated above this indicated value at $46.35 per square foot of land.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 56 Comparable 6 The general location is similar. The specific location is similar to the subject. The shape/utility of the site is similar to the subject. The topography is similar to the subject. The comparable has legal access and is rated similar to the subject. The lot size is rated inferior to the subject (economies of scale). The zoning/entitlements/density are rated inferior to the subject. The subject is a corner parcel and the comparable is an interior parcel. The visibility (corner versus interior parcel) and infrastructure improvements (paved road access) are inferior to the subject. The broker was Johnathan Chao of KW Premier Properties. All factors considered, the subject unit value is estimated below this indicated value at $73.29 per square foot of land.
SUBJECT One Two Three Four Five Six
Sale Price N/A $2,550,000 $1,250,000 $910,000 $890,000 $1,065,000 $1,650,000 Land Size Acres 0.21 0.74 0.52 0.60 0.54 0.59 0.58
Land Size Square Feet 8,996 32,409 22,651 26,136 23,470 25,783 25,260 $ per SF N/A $78.68 $55.19 $34.82 $37.92 $41.31 $65.32
Rights Conveyed Fee Simple 0% 0% 0% 0% 0% 0%
Adjusted $ psf N/A $78.68 $55.19 $34.82 $37.92 $41.31 $65.32 Financing Terms Conventional 0% 0% 0% 0% 0% 0%
Condition of Sale Conventional 0% 0% 0% 0% 0% 0%
Adjusted $ psf N/A $78.68 $55.19 $34.82 $37.92 $41.31 $65.32 Date June-22 0.0% 0.0% 0.0% 1.0% 2.0% 2.0%
Adjusted $ psf N/A $78.68 $55.19 $34.82 $38.30 $42.13 $66.63 General Location Pico Rivera
Specific Location
Pico Rivera
4865 Durfee Avenue
Site Size 8,996 5% 4% 5% 4% 5% 5%
Topography Generally Level
Shape/Utility Irregular/Good
Zone/Entilements/ Density
C-G, General Commercial
No Entitlements
Extraordinary Development Cost No
Access Good
Visibility/Street Frontage
NWC Durfee Ave. & West Blvd. 5% 5% 5% 5% 5%
Corner
Subtotal of Adjustments 5% 9% 10% 9% 10% 10%
FINAL INDICATORS $82.62 $60.15 $38.30 $41.75 $46.35 $73.29
ADJUSTMENT OF COMPARABLE LAND DATA
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 57
LAND VALUE CONCLUSION
Comparable Sales that had older improvements were sold for land value.
The subject does not currently have development entitlements. All of the comparables are given equal weight in the analysis. The sale comparables indicate an adjusted range for the subject from $38.30 to $82.62 per square foot, as shown on the following table.
The median for the sales is $53.25 per square foot and the average is $57.07 per square foot. The comparable sales are all within a reasonable range. Below, in the Array, are the comparables considered to be most indicative for the value of the subject.
The subject parcel is value is considered to be near the middle of the range of Comparable Sales approximately $57.00 per square foot. The appraisers reconciled the preceding value range. A unit value of $57.00 per square foot is appropriate for the subject property.
LAND VALUE CONCLUSION BY THE SALES COMPARISON APPROACH
Highest and Best Use-Multiple Family Residential
Based on the analysis above, we conclude to a unit value of $57.00 per square foot for the subject site.
Using this unit value, it is our opinion that the Fair Market Value of the subject property according to the Sales Comparison Approach, is as follows:
Sale Number Overall Comparison Adjusted $/SF
1 Superior $82.62
6 Superior $73.29
2 Superior $60.15
SUBJECT
5 Inferior $46.35
4 Inferior $41.75
3 Inferior $38.30
LAND VALUE ARRAY Property Type Site Size (sf) x Unit Value = Market Value Rounded Land 8,996 x $ 57.00 = $ 512,772 $ 510,000
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 58
VALUE RECAPITULATION
Highest and Best Use-Vacant Commercial Land Available for Development Our valuation analyses presented in this appraisal report concluded to the following opinions:
Valuation Approach Value Conclusion
Cost Approach Not Applicable
Sales Comparison Approach $510,000
Income Capitalization Approach Not Applicable
The Cost Approach is considered to be a strong indicator of value in recently constructed buildings, particularly when current construction costs are available and there is recent comparable land sale data that would lead to an accurate estimate of the underlying site value. This approach is weakened, however, as a building grows older because of the difficulty in accurately measuring physical depreciation. The Cost Approach can serve as a check for the other two approaches in order to assure the reasonableness of the Sales Comparison and Income Capitalization Approaches.
The Cost Approach is not applicable to this assignment for the following reason:
• The subject property is vacant land. The Sales Comparison Approach is the valuation method utilized by market participants.
The Sales Comparison Approach can be a strong indicator of value when there is an adequate number of comparable property sales that are similar to the subject in physical, functional, economic and location characteristics. This approach is weakened when the quantity or nature of available market data is insufficient for purposes of direct comparison.
We gave primary consideration to the Sales Comparison Approach because generally vacant open land similar to the subject property are purchased by owner-users or developers using this approach.
The Income Capitalization Approach considers the future expectations of investors for properties such as the subject. It considers current market rental activity and rate-of-return requirements through the selection of a market-derived overall capitalization rate. This approach is most relevant when there are sufficient rental comparables from which to draw market rent conclusions and adequate market data from which to determine market cap rate requirements.
The Income Approach is not considered because the subject is not purchased for its income potential.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 59 CONCLUSION- Fair Market Value as Highest and Best Use-Vacant Commercial Land Available for Development
Our research indicates that the Sales Comparison Approach should be given the greatest consideration in our final determination of value.
As a result of our investigation and analysis, it is our opinion that the Fair Market Value of proposed fee simple acquisition and temporary construction easement acquisitions of the subject property, as of the effective date of valuation, is:
Valuation
Premise
Interest
Appraised
Effective Date
of Value
FINAL
Value
Conclusion
Fair Market Value Fee Simple 6/5/2022 $510,000
Our analyses and conclusions are based on the Scope of Work described above and the General Assumptions and Limiting Conditions.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 60
MARKETING/EXPOSURE TIME ESTIMATION
Exposure Time3
“The estimated length of time the property interest being appraised would have to have been offered on the market prior to the hypothetical consummation of a sale at “As Is” Market Value on the effective date of the appraisal; a retrospective estimate based upon an analysis of past events assuming a competitive and open market. Exposure time is always presumed to occur prior to the effective date of the appraisal.”4 We obtained information from our research as well as comparable sales data about the most probable exposure time required to sell the subject property.
Based on the analysis above, we concluded that the property would have required approximately 6 to 12 months to have properly marketed and attracted a buyer. Assuming that any sale of the subject property would be based on terms of sale prevalent in the subject market, as well as a realistic list price that was sensitive to existing market conditions, we conclude that a reasonable exposure time assumption for the subject property is 6 to 12 months.
3 The analysis of Exposure Time and Marketing Time assumes, and is based on, standard escrow periods for the type of property being appraised.
4 The Dictionary of Real Estate Appraisal, Third Edition, pages 126, 127.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 61
CERTIFICATION
We certify that to the best of our knowledge and belief:
The statements of fact contained in this report are true and correct.
The report analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and is our personal, impartial, and unbiased professional analyses, opinions, and conclusions.
We have no present or prospective interest in the property that is the subject of this report, and we have no personal interest or bias with respect to the parties involved.
We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.
Our engagement in this assignment was not contingent upon developing or reporting predetermined results.
Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.
Our analyses, opinions, and conclusions were developed, and this report has been prepared in accordance with the standards and reporting requirements of the Uniform Standards of Professional Appraisal Practice and in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute.
As of the date of this report, David M. Rosenthal has completed the requirements of continuing education for Designated Members of the Appraisal Institute.
As of the date of this report, Randall Blaesi has completed the Standards and Ethics Education Requirements for Practicing Affiliates of the Appraisal Institute. As of the date of this report, Randall Blaesi has completed the continuing education program for Practicing Affiliates of the Appraisal Institute.
Randall Blaesi has made an inspection of the property that is the subject of this report. David M.
Rosenthal has not made an inspection of the property that is the subject of this report.
Randall Blaesi has performed the selection of comparable properties, collection and verification of data and analysis. David M. Rosenthal has reviewed and concurs with the final selection of comparable properties and the final analysis and conclusion of value.
No other persons have provided significant professional assistance.
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 62 The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.
This appraisal assignment was not based on a requested minimum value, a specific valuation, or the approval of a loan.
We have performed no services, as appraisers or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment.
Respectfully submitted,
CURTIS-ROSENTHAL, INC.
Randall Blaesi, ASA, SR/WA, MRICS David M. Rosenthal, MAI, FRICS CA #AG008581 CA #AG001641
APPRAISAL REPORT: 4865 Durfee Avenue, Pico Rivera, CA 90660 Page 63
ADDENDA
Definitions
General Assumptions and Limiting Conditions
Qualifications of the Appraisers
Partial Client List
DEFINITIONS
Appraisal – “the act or process of developing an opinion of value.” (USPAP, 2020-2021 ed.) “As Is” Market Value – “The estimate of the market value of real property in its current physical condition, use, and zoning as of the appraisal date.”
Extraordinary Assumption – “An assignment specific assumption as of the effective date, directly related to a specific assignment, as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser’s opinions or conclusions.” (USPAP, 2020-2021 ed.) Permanent Easement
Although the fee owner may retain the right to use the land encumbered by the permanent easement, this use may not interfere in any manner with the easement owner’s use of the property for the purposes specified in the written easement. Thus, a fee owner’s interest in the easement area is subservient to the interest of the easement owner. (source: Real Estate Valuation in Litigation, Appraisal Institute) Condemnation
The Dictionary of Real Estate Appraisal, 5th Edition, defines condemnation as follows:
The act or process of enforcing the right of eminent domain.
Eminent Domain
The Dictionary of Real Estate Appraisal, 5th Edition, defines eminent domain as follows:
The right of government to take private property for public use upon the payment of just compensation. The Fifth Amendment of the U.S. Constitution, also known as “the takings clause,” guarantees payment of just compensation upon appropriation of private property.
Just Compensation
The Dictionary of Real Estate Appraisal, 5th Edition, defines just compensation as follows:
In condemnation, the amount of loss for which a property owner is compensated when his or her property is taken; should put the owner in as good a position pecuniary as he or she would be if the property had not been taken; generally held to be market value, but courts have refused to rule that it is always equivalent to market value.
Partial Taking
The Dictionary of Real Estate Appraisal, 5th Edition, defines partial taking as follows:
The taking of part of any real property interest for public use under the power of eminent domain; requires the payment of compensation.
Larger Parcel
The Dictionary of Real Estate Appraisal, 5th Edition, defines a larger parcel as follows:
In condemnation, that tract or tracts of land which are under the beneficial control of a single individual or entity and have the same, or an integrated, highest and best use.
Elements for consideration by the appraiser in making a determination in this regard are contiguity, or proximity, as it bears on the highest and best use of the property, unity of ownership, and unity of highest and best use.
Remainder
The Dictionary of Real Estate Appraisal, 5th Edition, defines a remainder as follows:
In eminent domain condemnation, the property remaining in possession of the owner after a partial taking.
Fee Simple Estate – “Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat.”
Ground Lease – “A lease that grants the right to use and occupy land. Improvements made by the ground lessee typically revert to the ground lessor at the end of the lease term.” Hypothetical Condition – “A condition, directly related to a specific assignment, contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis.” (USPAP, 2020-2021 ed.)
Fee Simple Estate – “The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires.” Leasehold Estate – “The right held by the lessee to use and occupy real estate for a stated term and under the conditions specified in the lease.”
Market Rent - "The most probable rent that a property should bring in a competitive and open market reflecting all conditions and restrictions of the lease agreement, including the rental adjustment and revaluation, permitted uses, use restrictions, expense obligations, term, concessions, renewal and purchase options, and tenant improvements (TIs)."
Fair Market Value Definition-California Code of Civil Procedure §1263.320. (a)The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.
(b)The fair market value of property taken for which there is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable.
California Code of Civil Procedure §1263.330
The fair market value of the property taken shall not include any increase or decrease in the value of the property that is attributable to any of the following:
(a)The project for which the property is taken.
(b)The eminent domain proceeding in which the property is taken. (c)Any preliminary actions of the plaintiff relating to the taking of the property.
Article 5. Compensation for Injury to Remainder
1263.410-Mandatory Compensation; Amount
(a) Where the property acquired is part of a larger parcel, in addition to the compensation awarded pursuant to Article 4 (commencing with Section 1263.310) for the part taken, compensation shall be awarded for the injury, if any, to the remainder.
(b) Compensation for injury to the remainder is the amount of the damage to the remainder reduced by the amount of the benefit to the remainder. If the amount of the benefit to the remainder equals or exceeds the amount of the damage to the remainder, no compensation shall be awarded under this article. If the amount of the benefit to the remainder exceeds the amount of damage to the remainder, such excess shall be deducted from the compensation provided in Section 1263.510, if any, but shall not be deducted from the compensation required to be awarded for the property taken or from the other compensation required by this chapter. 1263.420. Damage to the remainder is the damage, if any, caused to the remainder by either or both of the following:
(a) The severance of the remainder from the part taken. (b) The construction and use of the project for which the property is taken in the manner proposed by the plaintiff whether the damage is caused by a portion of the project located on the part taken. 1263.430. Benefit to the remainder is the benefit, if any, caused by the construction and use of the project for which the property is taken in the manner proposed by the plaintiff whether the benefit is caused by a portion of the project located on the part taken.
Market Value - “The following definition of Market Value is used by agencies that regulate federally insured financial institutions in the United States:
The most probable price that a property should bring in a competitive and open market under all condition’s requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus.
Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:
• Buyer and seller are typically motivated;
• Both parties are well informed or well advised, and acting in what they consider their best interests;
• A reasonable time is allowed for exposure in the open market; • Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and
• The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.” (12 C.F.R. Part 34.42(g); 55 Federal Register 34696, August 24, 1990, as amended at 57 Federal Register 12202, April 9, 1992; 59 Federal Register 29499, June 7, 1994) Prospective Opinion of Value – “A value opinion effective as of a specified future date. The term does not define a type of value. Instead, it identifies a value opinion as being effective at some specific future date. An opinion of value as of a prospective date is frequently sought in connection with projects that are proposed, under construction, or under conversion to a new use, or those that have not yet achieved sellout or a stabilized level of long-term occupancy.”
Retrospective Value Opinion – “A value opinion effective as of a specified date. The term retrospective does not define a type of value. Instead, it identifies a value opinion as being effective at some specific prior date. Value as of a historical date is frequently sought in connection with property tax appeals, damage models, lease renegotiation, deficiency judgements, estate tax, and condemnation. Inclusion of the type of value with this term is appropriate.”
Sandwich Leasehold Estate – “The interest held by the sandwich leaseholder when the property is subleased to another party; a type of leasehold estate.” Stabilized Occupancy – “The occupancy of a property that would be expected at a particular point in time, considering its relative competitive strength and supply and demand conditions at the time, and presuming it is price at market rent and has had reasonable market exposure. A property is at stabilized occupancy when it is capturing it appropriate share of market demand. An expression of the average or typical expected occupancy that would be expected for a property over a specified projection period or over its economic life.”
Fee Simple Estate – “Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat.”
Fee Simple Estate – “A freehold (ownership interest) where the possessory interest has been granted to another party by creation of a contractual landlord-tenant relationship (i.e., a lease).” Market Rent - "The most probable rent that a property should bring in a competitive and open market reflecting all conditions and restrictions of the lease agreement, including permitted uses, use restrictions, expense obligations, term, concessions, renewal and purchase options, and tenant improvements (TIs)." As Is Market Value – “The estimate of the market value of real property in its current physical condition, use, and zoning as of the appraisal date.”
Prospective Opinion of Value – “A value opinion effective as of a specified future date. The term does not define a type of value. Instead, it identifies a value opinion as being effective at some specific future date.
An opinion of value as of a prospective date is frequently sought in connection with projects that are proposed, under construction, or under conversion to a new use, or those that have not yet achieved sellout or a stabilized level of long-term occupancy.”
Liquidation Value is defined in The Dictionary of Real Estate Appraisal, 3rd edition, as follows:
“The most probable price which a specified interest in real property is likely to bring under all of the following conditions:
a. Consummation of a sale will occur within a severely limited future marketing period specified by the client.
b. Actual marketing conditions are those currently obtaining for the property interest appraised.
c. The buyer is acting prudently and knowledgably.
d. The seller is under extreme compulsion to sell.
e. The buyer is typically motivated.
f. The buyer is acting in what he or she considers his or her best interests. g. A limited marketing effort and time will be allowed for the completion of a sale. h. Payment must be made in cash in U.S. dollars or in terms of financial arrangements comparable thereto.
i. The price represents the normal consideration for the property sold, unaffected by special or creative financing sales concessions granted by anyone associated with the sale.” This definition can be modified to provide for valuation with specific financing terms.
GENERAL ASSUMPTIONS AND LIMITING CONDITIONS
This appraisal report has been made with the following general assumptions:
1) No responsibility is assumed for the legal description or for matters including legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. 2) The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. 3) Responsible ownership and competent property management are assumed. 4) The information furnished by others is believed to be reliable. However, no warranty is given for its accuracy.
5) All engineering is assumed to be correct. The plot plans and illustrative material in this report are included only to assist the reader in visualizing the property. 6) It is assumed that there are no hidden or apparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. 7) It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is stated, defined, and considered in the appraisal report.
8) It is assumed that there is compliance with all applicable zoning and use regulations and restrictions, unless nonconformity has been stated, defined, and considered in the appraisal report. 9) It is assumed that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based.
10) It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report.
This appraisal report has been made with the following general limiting conditions:
1) The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 2) Possession of this report, or a copy thereof, does not carry with it the right of publication. 3) The appraisers, by reason of this appraisal, are not required to give further consultation, testimony, or be in attendance in court with reference to the property in question, unless arrangements have been previously made.
4) Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraisers, or the firm with which the appraisers are connected) shall be disseminated to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the appraiser. 5) Any value estimates provided in the report apply to the entire property, and any pro-ration or division of the total into fractional interests will invalidate the value estimate, unless such proration or division of interests has been set forth in the report. 6) The appraisers assume that the reader or user of this report has been provided with copies of available building plans and all leases and amendments, if any, encumbering the property. 7) No survey was furnished so the appraisers relied on the assessor’s plat map to ascertain the physical dimensions and acreage of the subject property. Should a survey prove these characteristics inaccurate, it may be necessary for this appraisal to be adjusted. 8) The forecasts, projections, or operating estimates contained herein are based upon current market conditions, anticipated short-term supply and demand factors, and a continued stable economy. These forecasts are, therefore, subject to changes in future conditions. 9) Complete building plans and specifications were not available for use in the preparation of this appraisal. The analysis, therefore, is subject to review of the final plans and specifications when available.
10) Since earthquakes are not uncommon in the area, no responsibility is assumed due to their possible effect on individual properties, unless detailed geologic reports are made available. 11) No termite inspection report was available. The appraisers personally inspected the subject property and found no significant evidence of termite damage or infestation. No guarantee that none exists, however, should be construed.
12) No consideration has been given in this appraisal as to the value of the property considered by the appraisers to be personal, located on the premises, or the cost of moving/relocating such personal property. Only the real estate has been considered. 13) In this appraisal assignment, the existence of potentially hazardous materials used in the construction or maintenance of the building, such as the presence of asbestos or urea formaldehyde foam insulation, and/or the existence of toxic waste, which may or may not be present on the property, has not been considered. The appraisers not qualified to detect such substances. We urge the client to retain an expert in the field, if desired. 14) Unless otherwise stated, no responsibility is assumed for any damages sustained in connection with actual or potential deficiencies or hazards such as, but not limited to, inadequacies or defects in the structure, design, mechanical equipment or utility services associated with the improvements, air or water pollution, lead paint, noise, flooding, storms or wind, traffic and other neighborhood hazards, radon gas, asbestos, natural or artificial radiation, or hazardous materials or toxic substances of any description, whether on or off the property appraised. The appraisers are not qualified to detect hazardous waste or materials on, in or under the land or the improvements. Such a determination requires the investigation of a qualified expert in hazardous materials and assessment. In this appraisal assignment, the existence of potentially hazardous material used in the construction or maintenance of the building, such as the presence of asbestos or urea formaldehyde foam insulation, and/or existence of toxic waste, which may or may not be present on the property, has not been considered. The appraisers are not qualified to detect such substances. We urge the client to retain an expert in this field, if desired. 15) The Americans with Disabilities Act (ADA) became effective January 26, 1992. We have not made a specific survey or analysis of the subject property to determine whether the physical aspects of the improvements meet the ADA accessibility guidelines. Since compliance matches each owner’s financial ability with the cost-to-cure the property’s potential physical characteristics, the real estate appraiser cannot comment on compliance with ADA. A brief summary of the subject’s physical aspects is included in this report. It in no way suggests ADA compliance by the current owner. Given that compliance can change with each owner’s financial ability to cure nonaccessibility, the value of the subject does not consider possible non-compliance. Specific study of both the owner’s financial ability and the cost-to cure any deficiencies would be needed for the Department of Justice to determine compliance.
16) The appraisers made no engineering survey of the subject property. Except as specifically stated, data relative to size and area has been taken from sources considered reliable, but no guarantee of accuracy is expressed or implied. Interested parties should retain a surveyor or other qualified professional for exact measurements of the subject property. 17) No recent historical operating statements for the subject property were provided for our review.
Therefore, for the purposes of this analysis, the projected operating expenses for the subject property are based on the expense characteristics of properties similar to the subject property. We assume that the expenses estimated in our Pro Forma operating expense statement are representative of actual expenses that the subject will incur. If any future data reveals that our operating expense estimates differ greatly from the actual operating expenses for the subject, then we reserve the right to revise our analyses and conclusions.
Appraiser Qualifications
Professional Qualifications of RANDALL H. BLAESI, ASA, MRICS
PROFESSIONAL DESIGNATIONS
American Society of Appraisers
ASA Member, Accredited Senior Appraiser – Real Property (ASA No. 2912) The Royal Institution of Chartered Surveyors
Professional Member (MRICS No. 6559992)
Appraisal Institute
Practicing Affiliate, Appraisal Institute (Member No.111508) Member of the Leadership Development & Advisory Council International Right of Way Association
International Right of Way Association, SR/WA
(Professional Member No. 2720356)
State of California, Office of Real Estate Appraisers
Certified General Real Estate Appraiser (No. AG008581)
EDUCATION
Law School, 1974
First Year Law School, Mc George School of Law, University of the Pacific, Sacramento, California
Courses: Contracts, Torts, Criminal Law and Agency
Bachelor of Arts Degree, 1971
Santa Clara University, Santa Clara, California
Major in Economics
EXPERIENCE
CURTIS - ROSENTHAL, Inc., 2014 to present – Senior Appraiser and Litigation Consultant. Curtis – Rosenthal, Inc., is a regional commercial real estate appraisal and consulting firm. Perform field appraisals and review appraisals for: Commercial Mortgage Lenders (Banks, Life Insurance Companies, CMBS, Pension Funds), Public Agencies (City Governments, Transit Agencies), Law Firms (Real Estate Litigation, Estate and Trust, Eminent Domain, Inverse Condemnation), Corporations (Valuation for Financial Reporting), and Accounting Firms.
Properties appraised include: retail, office, Multiple-Family Residential, apartments, condominiums, mixed-use, special purpose, and vacant land. Areas of experience include southern and northern California, Arizona and Nevada.
Professional Qualifications of RANDALL H. BLAESI, ASA, MRICS Mr. Blaesi was formerly Commercial Division Manager for the Los Angeles Office of The Property Sciences Group, Inc. Prior to that position, he was a Vice President and Senior Appraiser associated with Grubb & Ellis Landauer, LLC. Prior to that, he was a Senior Consultant in the Los Angeles office of Valuation & Information Group. Mr. Blaesi previously was a Senior Appraiser with Integra Realty Resources, Los Angeles and was a Senior Appraiser in the Pasadena office of First American Commercial Real Estate Services.
He was an independent fee appraiser with offices in Sacramento and San Diego, California from 1991- 2006. Appraisal and Valuation Consulting services regarding various types of real property including commercial, Multiple-Family Residential, residential, agricultural, recreational, special purpose, easements, eminent domain, partial and full acquisition, environmental mitigation land, construction defect, fire, flood and earthquake damaged properties. Expert witness testimony in civil litigation, bankruptcy and tax court proceedings. Appraisal review and management. Business Valuation. Arbitration and mediation. Prior to that, he was a Real Estate Appraiser and Valuation Consultant with Frank Blaesi, MAI, SREA, SR/WA from 1972- 1991. Appraisal and Valuation Consulting services regarding various types of real property including commercial, Multiple-Family Residential, residential, agricultural, recreational, special purpose, easements, eminent domain, partial and full acquisition, environmental mitigation land, construction defect, fire and flood damaged properties. Expert witness testimony in civil litigation proceedings. Arbitration and mediation.
EXPERT WITNESS
Accepted as an expert witness in the following courts:
Federal Bankruptcy Court - California Northern and Southern Districts.
Superior Court - Los Angeles, San Diego, Sacramento, Stanislaus, San Joaquin, Placer and Nevada Counties, California
United States Tax Court, San Francisco, California.
Accepted as an expert witness in the following venues:
County Assessment Boards of Appeal – Los Angeles, Sacramento and San Diego Counties, California. Arbitration and mediation.
INSTRUCTOR
California State University, Sacramento, 1985, Introduction to Real Estate Appraisal - Guest Lecturer
PROFESSIONAL AFFILIATIONS
Society of Real Estate Appraisers, 1972-1991 (merged with the Appraisal Institute in 1991) Appraisal Institute, 1991-present
American Society of Appraisers, 1982-present
International Right of Way Association, 1972-present
The Royal Institution of Chartered Surveyors, 2015-present
SPEAKING ENGAGEMENTS
Society of Real Estate Appraisers
Appraisal Institute
International Right of Way Association
American Society of Appraisers
Current Appraiser License
Professional Qualifications of DAVID M. ROSENTHAL, MAI, FRICS
PROFESSIONAL DESIGNATIONS
Appraisal Institute
MAI Member, Appraisal Institute (MAI #8024)
Member of the Regional Ethics & Counseling Panel, 1994-1997, 2000-2003 Royal Institution of Chartered Surveyors
Fellow of the Royal Institution of Chartered Surveyors, (FRICS #1291058) State of California, Bureau of Real Estate Appraisers
Certified General Real Estate Appraiser (#AG001641)
EDUCATION
Master of Management Degree (MBA), 1980
J.L. Kellogg Graduate School of Management, Northwestern University, Evanston, Illinois - Concentrations in Finance and Accounting Bachelor of Science Degree, 1978
University of Florida, Gainesville, Florida
Major in Business Administration - concentration in Finance
EXPERIENCE
CURTIS - ROSENTHAL, Inc., 1983 to present – President & CEO Founding principal of regional commercial real estate appraisal and consulting firm.
Perform field appraisals and review appraisals for: Commercial Mortgage Lenders (Banks, Life Insurance Companies, CMBS, Pension Funds), Public Agencies (City Governments, Transit Agencies), Law Firms (Real Estate Litigation, Estate and Trust, Lease Negotiation), Corporations (Valuation for Financial Reporting), and Accounting Firms. Properties appraised include: retail, office, industrial, apartments, condominiums, mixed-use, special purpose, and vacant land. Areas of experience include southern and northern California, Arizona and Nevada.
Security Pacific National Bank, 1981-1982 - Corporate Loan Officer Responsible for portfolio of loans consisting primarily of real estate companies. Projects financed included construction and renovation of income properties and development of new residential tracts.
EXPERT WITNESS
Accepted as an expert witness in the following courts:
Federal Bankruptcy Court - California Central District
Superior Court - Los Angeles County and Orange County
Municipal Court - Orange County
INSTRUCTOR
Loyola Marymount University, 1987 - 2016
College of Business Administration, Finance Department - Guest Instructor Federal Reserve Bank of San Francisco, 2015
Risk Connection 2015, Risks with Construction Development Lending-Guest Trainer University of California at Los Angeles, 1988
UCLA Extension, Financial Institutions Management Program - Guest Instructor Professional Qualifications of DAVID M. ROSENTHAL, MAI, FRICS (Cont’d)
PROFESSIONAL AFFILIATIONS
Appraisal Institute, 1989-present
Strategic Planning Committee, Chairman 2014
IRS Valuation Summit, Los Angeles, Conference Co-Chair 2013; Washington D.C., Planning Committee 2014 California Bankers Association, Affiliate Member 2009-present California Mortgage Bankers Association (CMBA), Affiliate Member, 2001-2014, 2017, 2018 Planning Committee for Commercial Real Estate Finance Conference, 2003–2014 Entrepreneurs Organization (EO, formerly YEO/WEO), 1997 to 2007 International Council of Shopping Centers (ICSC), 2011, 2017 Los Angeles Economic Development Corporation, 2004
Los Angeles Estate Planning Council (LAEPC), 2009-present; Program Chair 2009-2010 Los Angeles Mortgage Association (LAMA), Co-Founder, Co-Chair 2000–present Royal Institution of Chartered Surveyors, 2010-present
Society of Chief Appraisers (SCA), Planning Committee, 2009-present Southern California Real Estate Alliance (SCREA), 1987-present; Co-Chair 1995-1996, 2003 Western Independent Bankers, Affiliate Member 2009-2011
SPEAKING ENGAGEMENTS
Appraisal Institute
IRS Valuation Summit, Conference Co-Chair 2013; Moderator-Partial Interest Valuation Panel 2013, 2014 Western Regional Conference, 1996-1999
SF Bay Area Fall Conference, 1998
California Bankers Association, Chief Credit Officers Symposium, 2008-2010 California Bar Association, Real Property Law Section, 2011 California Mortgage Bankers Association, Commercial Real Estate Finance Conference, 2003-2009, 2014 California CPA Education Foundation, 1998
CREFC Capital Markets Conference, 2014
Crittenden National Conference, 2009
ICSC/LAMA Capital Markets Conference, 2011-2012
IMN Troubled Assets Conference, 2010
Institute of Management Accountants, 1997
International Right of Way Association, IRWA/AI Joint Conference, 2002, 2008 Los Angeles Estate Planning Council, 2009
National Council of Real Estate Investment Fiduciaries (NCREIF), National Conference, 2005 Society of Chief Appraisers 2009-2015
Special Assets Management Association, 2010-2012
Western Independent Bankers, Troubled Asset Forum, 2009, 2011
PUBLICATIONS
California Mortgage Bankers Association Legal News
Valuation Clauses in Leases, Ground Leases and Purchase Options, September 2011 California Mortgage Finance News
Silicon Beach, The New Frontier, September 2015
Life Company Risk-Based Capital for Commercial Mortgages, September 2013 Understanding the New Interagency Appraisal and Evaluation Guidelines, May 2011 California Real Estate Journal
Telling the Story – A Solutions Approach to Appraisal, September 2003 Real Estate News Television (RENTV.com)
Economic Update, Regular Column 2002 to 2015
Real Estate Southern California
What Happened to CMBS? September 2007
The ABC’s of CDO’s, September 2006
The CMBS Market Comes of Age, March 2006
Real Estate Cycles – A Long Term Perspective, September 2005 Western Independent Bankers – Lending and Credit Digest Evaluations in Compliance with the Interagency Appraisal and Evaluation Guidelines, June 2012 Assessing Collateral Values, October 2010
Commercial Bank Appraisal Administration, July 2010
Current Appraiser License
Partial List of Clients Served
COMMERCIAL BANKS
American Continental Bank
Americas United Bank
Bank of America
Bank of Manhattan
Bank of Hemet
Bank of the Ozarks
Bank of Santa Clarita
Bank of the West
Bank One Arizona
BofI Federal Bank
Borel Private Bank & Trust Co.
Boston Private Bank & Trust Co.
Builders Bank
California Business Bank
Capital One Bank
Cathay Bank
Centennial Bank
Citigroup
Citizens Business Bank
City National Bank
City State Bank
Coast National Bank
Community Bank
CTBC Bank
Eastern International Bank
East West Bank
EverTrust Bank
Far East National Bank
Farmers and Merchants Bank
FDIC
First Commerce Bank
First Foundation Bank
First General Bank
First National Bank of Northern California
First National Bank of Southern California
First Republic Bank
Grandpoint Bank
Greater Bay Bancorp
Habib American Bank
Hanmi Bank
Heritage Oaks Bank
Independence Bank
JP Morgan Chase Bank
Key Bank
Korea Exchange Bank
La Jolla Bank
Luther Burbank Savings Bank
Macquarie Bank
Marshall & Isley Bank
Mellon First Business Bank
Mercantile National Bank
MidFirst Bank
Mission Bank
Mission Valley Bank
NARA Bank
National Bank of California
Northern Trust Bank
Pacific Alliance Bank
Pacific Capital Bancorp
Pacific City Bank
Pacific Commerce Bank
Pacific Mercantile Bank
Pacific Premier Bank
Pacific Western Bank
Philippine National Bank
Popular Community Bank
Preferred Bank
Premier Business Bank
Premier Commercial Bank
Provident Bank
Provident Savings Bank
Rabobank
Regents Bank
Royal Business Bank
Saehan Bank
Security Bank of California
Silvergate Bank
Sunwest Bank
The Private Bank of California
United Business Bank
Universal Bank
US Bancorp
US Metro Bank
Vibra Bank
Wells Fargo Bank
Wilshire Bank
Zions Bank
CREDIT UNIONS
Altura Credit Union
American First Credit Union
California Coast Credit Union
California Credit Union
Extensia Financial
Kinecta Federal Credit Union
LA Fireman’s Credit Union
Mission Federal Credit Union
NuVision Credit Union
Orange County’s Credit Union
Premier America Credit Union
Southland Credit Union
Partial List of Clients Served (cont’d)
INSURANCE COMPANIES
AEGON USA
Allianz Life Insurance Company
Allstate Investments, LLC
American Equity Investment Life Insurance Co.
American National Insurance Company
American United Life Insurance Company
Assurant Inc.
Chubb Group of Insurance Companies
Columbian Mutual Life Insurance Company
Genworth Financial
Golden State Mutual Life
Great West Life Insurance Company
Hartford Insurance Company
Home Life Insurance Company
IDS Life Insurance Company
ING Life Insurance Company
John Hancock Real Estate Finance
Kansas City Life Insurance Company
Lafayette Life Insurance Company
Lincoln National Life Insurance Company
MetLife Capital Financial Corporation
Nationwide Insurance Company
Principal Global Investors
Protective Life Insurance Company
Prudential Mortgage Capital
Riversource
Southern Farm Bureau Life Insurance
Stancorp Mortgage Investors, LLC
State Farm Insurance Company
Sun Life Insurance Company
SunAmerica Insurance Company
Symetra Financial
Thrivent Financial for Lutherans
Union Central Life Insurance Company
Union Labor Life Insurance Company
United Farm Family Life Insurance Company
United Olympic Life Insurance Company
United Security Insurance Company
MULTI-FAMILY LENDERS
ABN/AMRO Apartment Lending
Ameriprise Financial
Amerisphere Multi-Family Finance
Arbor National Mortgage
Beech Street Capital
Centerline Capital Group
CW Capital
Deutsche Bank Mortgage Capital
Mark One Capital, Inc.
PNC/ARCS Commercial Mortgage
Prudential Huntoon Paige
Walker & Dunlop
COMMERCIAL MORTGAGE BANKERS/ BROKERS
Alison Mortgage Company
Amherst Real Estate Capital
Balboa Financial
Barry S. Slatt Mortgage Company
Berkadia Commercial Mortgage
Bond Street Capital
Buchanan Street Partners
Burnham Capital Markets
Cohen Financial
George Elkins Mortgage Banking Company
George Smith Partners, Inc.
Grandbridge Real Estate Capital
Highland Realty Capital, Inc.
Holiday Fenoglio Fowler, LP
iCap Realty Advisors
Koss Financial Corporation
Love Funding Corporation
Marcus and Millichap Capital Corporation
Mason McDuffie Financial Corporation
Meridian Capital Group, Inc.
Newmark Realty Capital, Inc.
NorthMarq Capital, Inc.
Pacific Southwest Realty Services
Partners Realty Capital, LLC
Pathfinder Mortgage Corporation
Q10 National Mortgage Co.
Sunrise Mortgage & Investment Company
Terrix Financial Corporation
Walker and Dunlop
PENSION FUNDS / ADVISORS
Alcatel Lucent Asset Management Corp.
American Realty Advisors
CALPERS
California State Teachers Retirement System
Construction Laborers Pension Trust
Crosson Dannis, Inc.
Emerson International
Equitable Real Estate Investment Mgt., Inc.
Essex Property Trust
Guggenheim Trust Company, LLC
Heitman/JMB Institutional Realty Advisors
J.P. Morgan Investment Management
Olympic Realty Advisors
Principal Real Estate Investors
Standard Management Company
Partial List of Clients Served (cont’d)
CMBS SPECIAL SERVICERS
C-III Asset Management, LLC
Key Bank
LNR Partners, LLC
Midland Loan Services
Helios AMC, LLC
Berkadia Commercial Mortgage
TriMont Real Estate Advisors
CMBS LENDERS
Barclays Capital Real Estate, Inc.
Bridger Commercial Funding
CIBC World Markets Corp.
Credit Suisse
CW Capital
Deustchebanc Mortgage Capital
JP Morgan Mortgage Capital
Key Commercial Mortgage
Morgan Stanley
Natixis Real Estate Capital, Inc.
RBS Greenwich Capital
Redwood Trust
UBS Securities, LLC
CORPORATIONS
Alta Hospital System
ATT Wireless Services, Inc.
Best California Gas Co.
Bridgestone Retail Operations
Brotman Hospital
California Sports, Inc.
Chevron Oil Company
Getty Oil Company
IMAX Corporation
Los Angeles Orthopedic Hospital Foundation
Mercury Air Cargo, Inc.
Mobil Oil Corporation
Neiman-Marcus Group, Inc.
Pandemic Studios
Rite Aid Corporation
Safeway Corporation
Salvation Army
Santa Monica Home Owners Corporation
Thrifty Oil Company
Wal-Mart Stores, Inc.
Whirlpool Financial Corporation
PUBLIC AGENCIES
California Housing Finance Association
Carson Redevelopment Agency
City of Adelanto
City of Chino
City of Colusa
City of Gardena
City of Grand Terrace
City of Inglewood
City of Los Angeles
City of Montebello
City of Norco
City of Palos Verdes
City of Pasadena
City of Rialto
City of Riverside
City of San Louis Obispo, Housing Authority
City of San Mateo
City of Santa Monica
City of Vernon
City of Whittier
City of Yukaipa
Coachella Valley Mountains Conservancy
Compton Unified School District
Consulate General of Poland
County of San Mateo
Inglewood Redevelopment Agency
Inglewood Unified School District
Los Angeles Community College District
Los Angeles Housing Department
Los Angeles Unified School District
Los Angeles World Airports (LAWA)
Metropolitan Transit Authority (MTA)
Mountains Recreation & Conservation Authority
Newport Harbor Nautical Museum
Oakland Community Housing, Inc.
Philippine Consulate
Rosamond Community Services District
San Fernando Valley Economic Development Corp.
Santa Monica College
Santa Monica-Malibu Unified School District
Simi Valley Unified School District
The Port of Long Beach
The Port of Los Angeles
US General Services Administration
US Postal Service
Partial List of Clients Served (cont’d)
PARTIAL LIST OF CLIENTS SERVED 1 of 4
ATTORNEYS
Akin Gump Strauss Hauer & Feld, LLP
Allen Matkins Leck Gamble Mallory & Natsis
Arter & Hadden
Barnes & Thornburg LLP
Bird Marella
Booth, Mitchel & Strange, LLP
Brownstein, Hyatt, Farber, Schreck, LLP
Bryan Cave
Burhenn & Gest, LLP
Cadden & Fuller, LLP
Charlston, Revich, & Williams
Chrystie and Berle
Coudert Brothers, LLP
Cox, Castle, & Nicholson
DeCastrow, West, Chodorow, Glickfield & Nass
Engstrom, Lipscomb and Lack
Frandzel Robins Bloom & Csato, LC
Gianelli and Morris
Gibson, Dunn and Crutcher, LLP
Goodson and Wachtel
Greenberg, Glusker, Fields, Claman and Machtinger
Greenberg Traurig
Haight, Brown, & Bonesteel
Hoffman, Saban and Watenmaker
Holt Ney Zatcoff & Wasserman, LLP
Inman, Weisz, & Steinberg
Jeffer, Mangels, Butler, & Mitchell
K&L Gates, LLP
Kane, Ballmer & Berkman
Katten, Muchin, Zavis and Weitzman
King, Holmes, Paterno & Berliner, LLP
Levin & Seligman
Levinson & Lieberman
Loeb and Loeb
Luce, Forward, Hamilton & Scripps LLP
Manatt, Phelps & Phillips, LLP
Marlin and Saltzman
McDermott, Will & Emery
McGuire Woods
McNicholas & McNicholas, LLP
Mindlin and Tigerman
Mitchell, Silberberg, & Knupp, LLP
Morris, Polich and Purdy, LLP
Munger, Tolles, & Olson
Murchison & Cumming
Musick, Peeler & Garrett, LLP
Nixon Peabody, LLP
O’Melvany and Meyers
Orbach Huff Suarez & Henderson, LLP
Parker Milliken
Pillsbury, Madison, and Sutro
Pircher, Nichols, and Meeks
Resch Polster & Berger, LLP
Robinson, Diamant, & Brill
Rodi, Pollock, Pettker, Christian & Pramov
Rucker and Clarkson
Shapiro, Poesell, & Close
Shiotani & Inouye
Sidley and Austin
Smith and Hilbig
Thomashow, Brown and Paiallii, LLP
Tilem and Gole
Troy and Gould
Weinstock Manion
White & Case
Wolf, Rifkin, Shapiro & Shulman
Youngerman and McNutt, LLP
DEVELOPERS
Athena Group, LLC
California Landmark Development
Catellus Development Corporation
Champion Real Estate Services
CIM Group
Cloverfield Group
Combined Properties
Daiwa House Corporation
First City
Goldrich and Kest Industries
Haseko, Inc.
HB Drollinger Company
Held Properties, Inc.
Jamison Services, Inc.
Kennedy Wilson
Koar Development Group, LLC
O&S Holdings
Regency Centers
Roberts Companies
Soboroff Partners
Trammel Crowe
To: Mayor and City Council
From: City Manager
Meeting Date: February 14, 2023
Subject: ANNUAL SIDEWALK IMPROVEMENT PROJECT (CIP NO.
50080) – REJECT ALL BIDS AND RE-ADVERTISE FOR
CONSTRUCTION
Recommendation:
1. Reject all bids for the Annual Sidewalk Improvement Project, CIP No. 50080; and
2. Authorize the City Clerk to re-advertise the Notice Inviting Bids.
Fiscal Impact:
The Adopted Budget Fiscal Year (FY) 2022-23 includes appropriations in the amount of $300,000 in Measure R Funds (Account No. 207.70.7300.54500) for CIP.50080. No additional appropriation is needed at this time.
Discussion:
The Capital Improvement Program (CIP) includes a budget for hardscape improvements on an annual basis which consist of repairs and replacement of damaged sidewalks, ramps, curb and gutter, tree removals and other miscellaneous related improvements. Such improvements are necessary to maintain or enhance walkability and pedestrian safety in compliance with the Americans with Disabilities Act (ADA) standards.
The proposed improvements included in this contract were prioritized based on damaged sidewalk reports from residents and staff throughout the City. Staff inspects reported damaged areas and tracks them in a database to record the type and extent of the repairs for their subsequent assignment with the annual sidewalk replacement project, contingent upon available funding.
On December 9, 2022 and December 16, 2022, the Notice Inviting Bids was advertised in the Cerritos Newspaper, and on Planet Bids through the City’s website portal, on December 7, 2022. Six (6) bids were received and opened by the City Clerk in a public forum on January 24, 2023.
7 CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 14, 2023 ANNUAL SIDEWALK IMPROVEMENT PROJECT (CIP NO. 50080) – REJECT ALL BIDS
AND RE-ADVERTISE FOR CONSTRUCTION