Pico Rivera City Council
September 12, 2023

The cities discharging into the Los Angeles River and the San Gabriel River have the least requirements of the three (3) groups. While the other two (2) groups have numeric discharge limits and targets, the Los Angeles River and San Gabriel River groups have no such limits and are only being required to monitor toxic pollutants. Individual Municipal Separate Storm Sewer System (MS4) permittees contacted the GWMA to express interest in participating in cost sharing for the installation of the monitoring stations and the costs of monitoring conducted at the monitoring stations, known herein as Harbor Toxic Upstream.

In March 2015, GWMA entered into agreements with MS4 Permittees for cost sharing for the installation of monitoring equipment and monitoring pursuant to the Harbor Toxic Pollutants TMDL. These agreements between GWMA and MS4 Permittees expired in June 2018.

In July 2018, GWMA entered into new agreements with MS4 Permittees for cost sharing for the installation of monitoring equipment and monitoring pursuant to the Harbor Toxic Pollutants TMDL and GWMA administrative cost. These agreements between the GWMA and MS4 Permittees expired on June 30, 2023.

The participants have contacted GWMA and expressed interest in continuing the cost sharing arrangement through June 30, 2026, via a new agreement with individual MS4 Permittees. The new agreements have an expiration date of June 30, 2026, and is recommended for approval by staff.

Conclusion:

Staff recommends approving the agreement between the City and GWMA for cost sharing for the installation of monitoring equipment and monitoring in order to continue TMDL monitoring services by GWMA for MS4 permit compliance requirements.

Steve Carmona
SC:NN:KG:np
Enclosure: 1) Harbor Toxic Pollutants TMDL Agreement
06/08/2023

12664/0001/279556-1

AGREEMENT

BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL

WATER MANAGEMENT JOINT POWERS AUTHORITY

AND THE

CITY OF PICO RIVERA

FOR COST SHARING FOR THE INSTALLATION OF MONITORING EQUIPMENT

AND MONITORING PURSUANT TO THE HARBOR TOXIC POLLUTANTS TMDL This Agreement is made and entered into as of June 8, 2023, by and between the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (“GWMA”), a California Joint Powers Authority, and the City of Pico Rivera, (the “Permittee”). The Permittee and the GWMA are collectively referred to as the “Parties”;

RECITALS
WHEREAS, the mission of the GWMA includes the equitable protection and management of water resources within its area;
WHEREAS, for the purposes of this Agreement, the term “MS4 Permittees” shall mean those public agencies that are co-permittees to a National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit Order (“MS4 Permit”) issued by the Los Angeles Regional Water Quality Control Board; WHEREAS, the United States Environmental Protection Agency established the Total Maximum Daily Loads (“TMDL”) for Toxic Pollutants on March 23, 2012, with the intent of protecting and improving water quality in the Dominguez Channel and the Greater Los Angeles and Long Beach Harbor Waters (“Harbor Toxic Pollutants TMDL”); WHEREAS, the Harbor Toxic Pollutants TMDL regulates certain discharges from National Pollutant Discharge Elimination System (“NPDES”) permit holders, requiring organization and cooperation among the MS4 Permittees;
WHEREAS, the Permittee manages, drains or conveys storm water into at least a portion of the Los Angeles River including its estuary or Coyote Creek or the San Gabriel River including their estuaries;
WHEREAS, various MS4 Permittees desire to achieve the objectives of the Harbor Toxic Pollutants TMDL by continuing to maintain the monitoring station in the Los Angeles River at Wardlow Road, monitoring station in the San Gabriel River near Spring Street, and monitoring station in the Coyote Creek, also near Spring Street and conducting monitoring at said monitoring stations (collectively “Monitoring Stations”) to ensure consistency with other regional monitoring programs and usability with other TMDL related studies;
WHEREAS, continuing maintenance of the Monitoring Stations and future monitoring requires administrative coordination for the various MS4 Permittees that the GWMA can and is willing to provide;
July 1,
Enclosure 1
8a
06/08/2023

12664/0001/279556-1
WHEREAS, the Lower Los Angeles River Watershed Management Group and the Lower San Gabriel River Watershed Management Group have been formed pursuant to the MS4 Permit and oversee and manage the monitoring program for the Harbor Toxic Pollutants TMDL within their respective watersheds;
WHEREAS, the members of the GWMA are the Cities of Artesia, Bell, Bell Gardens, Bellflower, Cerritos, Commerce, Compton, Cudahy, Downey, Hawaiian Gardens, Huntington Park, La Mirada, Lakewood, Long Beach, Lynwood, Maywood, Montebello, Norwalk, Paramount, Pico Rivera, Santa Fe Springs, Signal Hill, South Gate, Vernon, Whittier, Water Replenishment District, Central Basin Municipal Water District, Port of Long Beach, and the Long Beach Water Department (“GWMA Members”); WHEREAS, because of the financial savings and benefits resulting from this costsharing arrangement, other MS4 Permittees that are not GWMA Members may request to participate in the cost sharing of the Monitoring Costs for the maintenance of the Monitoring Stations and the costs of monitoring conducted at the Monitoring Stations (collectively “Monitoring Costs”);
WHEREAS, the GWMA Board of Directors authorized the GWMA to enter into individual separate agreements with such individual MS4 Permittees (which shall not have voting rights in the GWMA) for purposes of only cost sharing in the Monitoring Costs; WHEREAS, because GWMA Members already pay annual membership fees that pay for GWMA administrative costs, GWMA Members that participate in the cost share for the Monitoring Costs shall pay an administrative fee that is less than that the administrative fee charged to MS4 Permittees that are not GWMA Members; WHEREAS, certain private NPDES permit holders that are subject to the Harbor Toxic Pollutants TMDL have also expressed interest in participating in the cost share for the Monitoring Costs and procuring the monitoring data generated pursuant to this Agreement in order to satisfy their own permit obligations; WHEREAS, the current agreements that cover the cost share arrangements for the Monitoring Costs through fiscal year 2022-2023 will expire on June 30, 2023.

WHEREAS, it is currently unknown how many MS4 Permittees and private NPDES permit holders will ultimately participate in the cost sharing of the Monitoring Costs for fiscal years 2023-2024 through 2025-2026;
WHEREAS, depending on how many MS4 Permittees and private NPDES permit holders ultimately participate in the cost sharing for the Monitoring Costs, each participating Permittee’s annual cost share amount will be adjusted and the GWMA will notify each participating Permittee of its adjusted annual cost share amount in writing; WHEREAS, the Permittee desires to share in the Monitoring Costs; 06/08/2023

12664/0001/279556-1
WHEREAS, the Parties have determined that authorizing GWMA to hire consultants as necessary to maintain the Monitoring Stations and conduct the monitoring required by the Harbor Toxic Pollutants TMDL will be beneficial to the Parties; WHEREAS, the Permittee agrees to pay: (a) its proportional share of the Monitoring Costs to be incurred by the GWMA in accordance with the Cost Sharing Formula reflected in Exhibit “A”; and (b) applicable administrative fees to cover administrative costs; and
WHEREAS, the role of the GWMA is to: (1) invoice and collect funds from the Permittee to cover its portion of the Monitoring Costs; and (2) hire and retain consultants to maintain Monitoring Stations and conduct monitoring at the Monitoring Stations.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties do hereby agree as follows:

Section 1. Purpose. The purpose of this Agreement is for the Permittee to cost share in the Monitoring Costs.

Section 2. Cooperation. The Parties shall fully cooperate with one another to achieve the purposes of this Agreement.

Section 3. Voluntary Nature. The Parties voluntarily enter into this Agreement.

Section 4. Binding Effect. This Agreement shall become binding on GWMA and the Permittee.

Section 5. Term. This Agreement shall commence on July 1, 2023 and shall expire on June 30, 2026, unless terminated earlier pursuant to this Agreement.

Section 6. Role of the GWMA.
(a) The GWMA shall invoice and collect funds from the Permittee to cover the Monitoring Costs.
(b) The GWMA shall administer the consultants’ contracts for the Monitoring Costs. Provided the Permittee has paid all outstanding invoices to the GWMA to cover the Monitoring Costs and administrative costs, the GWMA will provide the Permittee with the monitoring data collected from the Monitoring Stations and any associated reports.
(c) The GWMA is authorized and may negotiate, enter into agreements with, and collect funds from general and individual NPDES permit holders, that are not MS4 Permittees, for cost-sharing the Monitoring Costs in order to reduce the total costs incurred by the MS4 Permittees.
06/08/2023

12664/0001/279556-1
Section 7. Financial Terms.
(a) Annual Payment Amount. The Permittee shall pay no more than the following amounts for each of the three fiscal years (June 30-July 1) listed below (“Annual Payment Amount”):

Fiscal Year 2023-2024:

One Thousand Seven Hundred Twenty Eight Dollars and Thirty Six Cents ($1,728.36)
Fiscal Year 2024-2025:

One Thousand Seven Hundred Thirty Five Dollars and Eighty Four Cents ($1,735.84)
Fiscal Year 2025-2026:

One Thousand Seven Hundred Seventy Six Dollars and Fifty Eight Cents ($1,776.58)
Each Annual Payment Amount includes the Permittee’s Cost Share Amount identified in Exhibit “A”, attached hereto and incorporated herein.
(b) Administrative Costs. In addition to the Annual Payment Amount, the Permittee shall also pay its proportional share of the GWMA’s staff time for hiring the consultants, managing the consultants’ contracts, and invoicing the Permittee and legal fees incurred by the GWMA in the performance of its duties under this Agreement (“Direct Costs”), and audit expenses and other overhead costs (“Indirect Costs”), referred to collectively herein as the “Administrative Costs Payment Amount”. The Administrative Costs Payment Amount will be added to the Permittee’s annual invoice to cover the Permittee’s share of the administrative costs.
i. GWMA Members. If the Permittee is a GWMA Member, then the Administrative Costs Payment Amount does not include the GWMA’s Indirect Costs, which GWMA Members absorb as part of their annual membership dues. The rate charged to GWMA Members in order to recover the Direct Costs portion of the Administrative Costs Payment Amount will range between zero percent (0%) and five percent (5%) of the of the Permittee’s Cost Share Amount identified in Exhibit “A.” On an annual basis the GWMA will evaluate the percentage rate charged to GWMA Members to ensure it adequately recovers the GWMA’s cost of performing its duties under this Agreement. Based on this review, the GWMA Board will establish the rate charged to recover its Direct Costs for the next fiscal year. The GWMA will provide the Permittee, through the respective Chairs of the Lower San Gabriel River and Lower Los Angeles River Watershed Management Groups, fifteen (15) days’ written notice prior to July 1st of the fiscal year in which a new rate will take effect. ii. Non-GWMA Members. If the Permittee is not a GWMA
Member, then the Administrative Costs Payment Amount will include the GWMA’s Indirect 06/08/2023

12664/0001/279556-1
Costs. The rate charged to Non-GWMA Members in order to recover Direct Costs will range between five percent (5%) and ten percent (10%) of the Permittee’s Cost Share Amount identified in Exhibit “A.” The rate charged to Non-GWMA Members in order to recover Indirect Costs will range between two percent (2%) and five percent (5%) of the Permittee’s Cost Share Amount identified in Exhibit “A.” On an annual basis the GWMA will evaluate the percentage rates for both Direct and Indirect Costs charged to NonGWMA Members to ensure they adequately recover the GWMA’s cost of performing its duties under this MOU. Based on this review, the GWMA Board may increase or decrease the rates charged to recover its Direct and Indirect Costs for the next fiscal year. The GWMA will provide the Permittee, through the respective Chairs of the Lower San Gabriel River and Lower Los Angeles River Watershed Management Groups, fifteen (15) days’ written notice prior to July 1st of the fiscal year in which a new rate will take effect.
(c) Adjustment of Cost Share Based on Number of Participants. The Annual Payment Amount and the Administrative Costs Payment Amount identified in this Section 7 (“Financial Terms”) represent the maximum dollar amounts that the Permittee is required to submit to the GWMA, but may be reduced based on the final number of MS4 Permittees that participate in the cost sharing for the Monitoring Costs. (d) Reserve Credits. If the actual cost share amount plus administrative costs collected by GWMA from all participating permittees in the Harbor Toxic Pollutants TMDL program are less than the Annual Payment Amount, plus the Administrative Costs Payment Amount, paid by all permittees in a particular year, then the GWMA will notify the Chairs of the Lower San Gabriel River and Lower Los Angeles River Watershed Management Groups. The Chairs will direct GWMA on how to apply the excess balance, which may include carrying the balance over to cover permittee costs in one or more subsequent years. , GWMA reserves the right to transfer funds from the excess balance to maintain a minimum balance of $10,000 in its account dedicated to the Harbor Toxic Pollutants TMDL program at all times, per GWMA’s Administrative Budget Policy.

Notwithstanding the forgoing, the Administrative Costs Payment Amount charged to nonGWMA Members for Indirect Costs will be retained by GWMA and is not subject to a credit.
(e) Funds remaining in the possession of the GWMA at the expiration or earlier termination of this MOU shall be promptly returned to the Permittee in proportion to the Cost Share Amount identified in Exhibit “A” or rolled over into the subsequent MOU for the Harbor Toxic Pollutants TMDL if requested by the Permittee. (f) The Permittee’s Annual Payment Amount and Administrative Costs Payment Amount for the 2023-2024 fiscal year are due upon execution of this Agreement, but in no event later than September 30, 2023. For each subsequent fiscal year, commencing with the 2024-2025 fiscal year, the GWMA shall submit annual invoices to the Permittee for the Annual Payment Amount and Administrative Costs Payment Amount. Upon receiving an invoice from GWMA, each Permittee shall pay the Annual Payment Amount and Administrative Costs Payment Amount set forth in the invoice to the GWMA within forty-five (45) days of receipt.
06/08/2023

12664/0001/279556-1
(g) The Permittee shall be delinquent if its invoiced payment is not received by the GWMA within forty-five (45) days after the invoice’s date. If the Permittee is delinquent, the GWMA will: 1) verbally contact the representative of the Permittee; and 2) submit a formal letter from the GWMA Executive Officer to the Permittee at the address listed in Section 11 of this Agreement. If payment is not received within sixty (60) days of the original invoice date, the GWMA may terminate this Agreement. However, no such termination may be ordered unless the GWMA first provides the Permittee with thirty (30) days written notice of its intent to terminate the Agreement. The terminated Permittee shall remain obligated to GWMA for its delinquent payments and any other obligations incurred prior to the date of termination. If the GWMA terminates this Agreement because the Permittee is delinquent in its payment, the Permittee shall no longer be entitled to the monitoring data collected from the Monitoring Stations. (h) Any delinquent payments by the Permittee shall accrue compound interest at the average rate of interest paid by the Local Agency Investment Fund during the time that the payment is delinquent.

Section 8. Independent Contractor.
(a) The GWMA is, and shall at all times remain, a wholly independent contractor for performance of the obligations described in this Agreement. The GWMA’s officers, officials, employees and agents shall at all times during the term of this Agreement be under the exclusive control of the GWMA. The Permittee cannot control the conduct of the GWMA or any of its officers, officials, employees or agents. The GWMA and its officers, officials, employees, and agents shall not be deemed to be employees of the Permittee.
(b) The GWMA is solely responsible for the payment of salaries, wages, other compensation, employment taxes, workers’ compensation, or similar taxes for its employees and consultants performing services hereunder.

Section 9. Indemnification and Warranty.
(a) The Permittee shall defend, indemnify and hold harmless the GWMA and its officers, employees, and other representatives and agents from and against any and all liabilities, actions, suits proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorney’s fees, for injury to or death of person(s), for damage to property (including property owned by the GWMA) for negligent or intentional acts, errors and omissions committed by the Permittee or its officers, employees, and agents, arising out of or related to that Permittee’s performance under this Agreement, except for such loss as may be caused by GWMA’s negligence or that of its officers, employees, or other representatives and agents, excluding the consultant. (b) GWMA makes no guarantee or warranty that any monitoring data prepared by the consultants shall be approved by the relevant governmental authorities.

GWMA shall have no liability to the Permittee for the negligent or intentional acts or omissions of GWMA’s consultants.
06/08/2023

12664/0001/279556-1
Section 10. Termination.
(a) The Permittee may terminate this Agreement for any reason, or no reason, by giving the GWMA prior written notice thereof, but the Permittee shall remain responsible for its entire Annual Payment Amount through the end of the current fiscal year during which Permittee terminates the Agreement and shall not be entitled any refund of any portion of said Annual Payment Amount. Moreover, unless the Permittee provides written notice of termination to the GWMA by February 15th immediately prior to a new fiscal year, the Permittee shall also be responsible for its Annual Payment Amount through the end of such new fiscal year (e.g., If the Permittee terminates on March 1st, 2024, the Permittee is responsible for the Annual Payment Amounts for both fiscal years 2023-2024 and 2024-2025. If the Permittee terminates on February 10, 2024, the Permittee is responsible for its Annual Payment Amount only for Fiscal year 2023- 2024, not for fiscal year 2024-2025). If the Permittee terminates the Agreement, the Permittee shall remain liable for any loss, debt, or liability otherwise incurred through the end of the new fiscal year.
(b) The GWMA may, with a vote of the GWMA Board, terminate this Agreement upon not less than thirty (30) days written notice to the Permittee. Any remaining funds not due and payable or otherwise legally committed to Consultant shall be returned to the Permittee.

Section 11. Miscellaneous.
(a) Other NPDES Permit Holders. Individual or general NPDES permit holders who are not MS4 Permittees that receive Harbor Toxic Pollutants TMDL monitoring requirements in their NPDES permits may wish to participate in this cost share for the Monitoring Costs in order to receive the monitoring data collected from the Monitoring Stations. Upon receipt of a written request from an NPDES permit holder to participate in this cost share, the GWMA will either reject or accept the NPDES permit holder’s participation in the cost share arrangement. If accepted, the NPDES permit holder will enter into a separate cost share agreement with the GWMA that will require the NPDES permit holder to pay annually at least twelve thousand three hundred dollars ($12,300) (“Private Monitoring Fee”) for the Monitoring Costs. Failure to pay the Private Monitoring Fee by the date set forth in the cost share agreement will result in termination of the NPDES permit holder’s participant status. An NPDES permit holder accepted as a participant will only be entitled to receive the monitoring data collected from the Monitoring Stations for any fiscal year in which the participant has paid its Private Monitoring Fee. The Private Monitoring Fee will be applied as a credit toward the Permittee’s Annual Payment Amount in proportion to the Permittee’s Cost Share Amount identified in Exhibit “A.”
(b) Notices. All Notices which the Parties require or desire to give hereunder shall be in writing and shall be deemed given when delivered personally or three (3) days after mailing by registered or certified mail (return receipt requested) to the following address or as such other addresses as the Parties may from time to time designate by written notice in the aforesaid manner:
06/08/2023

12664/0001/279556-1
To GWMA:

Ms. Grace Kast
Executive Officer
16401 Paramount Boulevard
Paramount, CA 90723
To the Permittee:

City of Pico Rivera
6615 Passons Blvd.

Pico Rivera, CA 90660
Attn: Kenner Guerrero
(c) Amendment. The terms and provisions of this Agreement may not be amended, modified or waived, except by a written instrument signed by all Parties. (d) Waiver. Waiver by either the GWMA or the Permittee of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver, by the GWMA or the Permittee, to any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach of any provision of this Agreement. (e) Law to Govern: Venue. This Agreement shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the Parties, venue shall lie exclusively in the County of Los Angeles. (f) No Presumption in Drafting. The Parties to this Agreement agree that the general rule than an agreement is to be interpreted against the Party drafting it, or causing it to be prepared, shall not apply.
(g) Severability. If any term, provision, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and this Agreement shall be read and construed without the invalid, void, or unenforceable provisions(s).
(h) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. (i) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to all Parties to this Agreement. 06/08/2023

12664/0001/279556-1
(j) Legal Representation. All Parties have been represented by counsel in the preparation and negotiation of this Agreement. Accordingly, this Agreement shall be construed according to its fair language.
(k) Authority to Execute this Agreement. The person or persons executing this Agreement on behalf of Permittee warrants and represents that he or she has the authority to execute this Agreement on behalf of the Permittee and has the authority to bind Permittee.

12664/0001/279556-1
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on their behalf, respectively, as follows:

DATE:________________ LOS ANGELES GATEWAY REGION

INTEGRATED REGIONAL WATER

MANAGEMENT JOINT POWERS

AUTHORITY
________________________________
Adriana Figueroa
GWMA Chair
DATE: _______________ PERMITTEE
City of Pico Rivera

Signature

Print Name

Print Title
EXHIBIT “A”

COST SHARE MATRIX

ATTACHED

To: Mayor and City Council
From: City Manager
Meeting Date: September 12, 2023
Subject: TREASURER’S MONTHLY INVESTMENT TRANSACTION
REPORT AS OF JULY 31, 2023
Recommendation:

1. Receive and file the Treasurer’s Monthly Investment Transaction Report as of July 31, 2023.

Fiscal Impact:

There is no fiscal impact to the General Fund.

Background:

Per the City of Pico Rivera (City) Investment Policy approved by the City Council on April 11, 2023, the City Treasurer submits a monthly investment transaction report to the City Council within 45 days of the end of the reporting period in accordance with California Government Code Section 53607.

Discussion:

This report updates the City Council on the City’s monthly transactions of the City’s investment portfolio for the month ending July 31, 2023. The statements enclosed include transactions of the City’s investments with Local Agency Investment Fund (LAIF) and Chandler Asset Management (Enclosures 1 and 2).

Conclusion:

As of July 31, 2023, the City’s portfolio remains highly rated, liquid, and stable. All investments are maintained in accordance with California Government Code Section 53601 and the City’s investment policy approved by the City Council on April 11, 2023.

Steve Carmona
9 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 12, 2023 TREASURER’S MONTHLY INVESTMENT TRANSACTION REPORT AS OF JULY 31, 2023

SC:JG:JM:ep
Enclosures: 1) LAIF Statements for the Month Ending July 31, 2023. 2) Chandler Asset Management Transaction Ledger for the Month Ending July 31, 2023.
8/1/23, 7:26 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
August 01, 2023
LAIF Home
PMIA Average Monthly
Yields

CITY OF PICO RIVERA

DIRECTOR OF FINANCE/ADMINISTRATIVE SVCS
6615 PASSONS BLVD
PICO RIVERA, CA 90660
Account Number: 98-19-653
July 2023 Statement
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
7/14/2023 7/19/2023 QRD 1736019 N/A SYSTEM 494,485.07
7/17/2023 7/13/2023 RW 1733852 1694239 JIE GUO -4,000,000.00 7/26/2023 7/19/2023 RW 1736402 1694497 JIE GUO -4,000,000.00 Account Summary
Total Deposit: 494,485.07 Beginning Balance: 66,265,840.79 Total Withdrawal: -8,000,000.00 Ending Balance: 58,760,325.86 Enclosure 1
9a
8/1/23, 7:27 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
August 01, 2023
LAIF Home
PMIAAverage Monthly
Yields

CITY OF PICO RIVERA

COVID RELIEF EMERGENCY ACCOUNT

DIR OF FINANCE/ADMIN SERVICES
6615 PASSONS BLVD
PICO RIVERA, CA 90660
Account Number: 19-19-007
July 2023 Statement
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type
Confirm
Number
Web
Confirm
Number Authorized Caller Amount
7/14/2023 7/19/2023 QRD 1734570 N/A SYSTEM 79,152.53
Account Summary
Total Deposit: 79,152.53 Beginning Balance: 10,081,330.51 Total Withdrawal: 0.00 Ending Balance: 10,160,483.04
Transaction
Date Tran Category
Tran Type
Description Security Description Quantity Price Principal Interest Total Amount 7/3/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 2,475.77 1.00000 2,475.77 - 2,475.77 7/6/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 1,125.00 1.00000 1,125.00 - 1,125.00 7/10/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 9,905.83 1.00000 9,905.83 - 9,905.83 7/10/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 330,000.00 1.00000 330,000.00 - 330,000.00 7/15/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 171.88 1.00000 171.88 - 171.887/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 219.33 1.00000 219.33 - 219.33 7/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 807.71 1.00000 807.71 - 807.717/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 3,078.18 1.00000 3,078.18 - 3,078.18 7/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 4,261.76 1.00000 4,261.76 - 4,261.767/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 3,853.53 1.00000 3,853.53 - 3,853.537/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 212.67 1.00000 212.67 - 212.677/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 545.17 1.00000 545.17 - 545.177/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 678.00 1.00000 678.00 - 678.00 7/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 591.58 1.00000 591.58 - 591.587/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 394.62 1.00000 394.62 - 394.627/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 1,111.55 1.00000 1,111.55 - 1,111.557/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 20,101.16 1.00000 20,101.16 - 20,101.167/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 1,882.58 1.00000 1,882.58 - 1,882.587/17/2023 Acquisitions Purchase Toronto-Dominion Bank Note 125,000.00 0.99981 124,976.25 - 124,976.25 7/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 13,009.12 1.00000 13,009.12 - 13,009.12 7/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 3,580.20 1.00000 3,580.20 - 3,580.20 7/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 428.38 1.00000 428.38 - 428.387/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 358.42 1.00000 358.42 - 358.427/17/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 933.17 1.00000 933.17 - 933.177/18/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 279.75 1.00000 279.75 - 279.75 7/18/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 4,551.38 1.00000 4,551.38 - 4,551.38 7/20/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 7,824.56 1.00000 7,824.56 - 7,824.56 7/21/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 2,324.79 1.00000 2,324.79 - 2,324.79 7/21/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 294.00 1.00000 294.00 - 294.007/21/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 4,597.43 1.00000 4,597.43 - 4,597.43 7/24/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 4,250.00 1.00000 4,250.00 - 4,250.00 7/24/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 250,000.00 1.00000 250,000.00 - 250,000.007/25/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 165,352.09 1.00000 165,352.09 - 165,352.097/25/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 1,143.75 1.00000 1,143.75 - 1,143.75 7/25/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 172.00 1.00000 172.00 - 172.00 7/25/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 1,327.92 1.00000 1,327.92 - 1,327.92 7/25/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 7,290.05 1.00000 7,290.05 - 7,290.05 7/25/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 1,312.08 1.00000 1,312.08 - 1,312.08 7/25/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 8,195.70 1.00000 8,195.70 - 8,195.70 7/25/2023 Acquisitions Purchase MUFG Bank Ltd Discount CP 650,000.00 0.95881 623,225.06 - 623,225.06 7/30/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 1,500.00 1.00000 1,500.00 - 1,500.00 7/31/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 17,375.00 1.00000 17,375.00 - 17,375.007/10/2023 Dispositions Maturity FNMA Note 330,000.00 1.00000 330,000.00 - (330,000.00) 7/24/2023 Dispositions Maturity US Bank NA Callable Note Cont 6/23/2023 250,000.00 1.00000 250,000.00 - (250,000.00) 7/17/2023 Dispositions Paydown Hyundai Auto Receivables Trust 2023-A A3 - - - 591.58 (591.58) City of Pico Rivera Portfolio
Chandler Investment Transactions
July 2023
Enclosure 2
9b
Transaction
Date Tran Category
Tran Type
Description Security Description Quantity Price Principal Interest Total Amount City of Pico Rivera Portfolio
Chandler Investment Transactions
July 2023
7/17/2023 Dispositions Paydown John Deere Owner Trust 2022-B A3 - - - 358.42 (358.42) 7/17/2023 Dispositions Paydown Mercedes-Benz Auto Lease Trust 2021-B A3 12,980.00 1.00000 12,980.00 29.12 (13,009.12) 7/17/2023 Dispositions Paydown Mercedes-Benz Auto Receivable 2023-1 A3 - - - 394.62 (394.62) 7/17/2023 Dispositions Paydown American Express Credit Trust 2022-2 A - - - 678.00 (678.00) 7/17/2023 Dispositions Paydown John Deere Owner Trust 2022-A A3 - - - 212.67 (212.67) 7/17/2023 Dispositions Paydown John Deere Owner Trust 2020-A A3 806.97 1.00000 806.97 0.74 (807.71) 7/17/2023 Dispositions Paydown John Deere Owner Trust 2022-C A3 - - - 933.17 (933.17) 7/17/2023 Dispositions Paydown Mercedes-Benz Auto Receivables 2022-1 A2 19,224.51 1.00000 19,224.51 876.65 (20,101.16) 7/17/2023 Dispositions Paydown Toyota Auto Receivables Trust 2021-D A3 1,835.25 1.00000 1,835.25 47.33 (1,882.58) 7/17/2023 Dispositions Paydown American Express Credit Trust 2023-1 A - - - 545.17 (545.17) 7/17/2023 Dispositions Paydown Honda Auto Receivables Trust 2022-1 A3 - - - 219.33 (219.33) 7/17/2023 Dispositions Paydown John Deere Owner Trust 2020-B A3 1,109.59 1.00000 1,109.59 1.96 (1,111.55) 7/17/2023 Dispositions Paydown John Deere Owner Trust 2021-A A3 3,063.77 1.00000 3,063.77 14.41 (3,078.18) 7/17/2023 Dispositions Paydown John Deere Owner Trust 2021-B A3 4,220.51 1.00000 4,220.51 41.25 (4,261.76) 7/17/2023 Dispositions Paydown GM Auto Receivable Trust 2023-2 A3 - - - 428.38 (428.38) 7/17/2023 Dispositions Paydown Toyota Auto Receivables 2020-D A3 3,574.95 1.00000 3,574.95 5.25 (3,580.20) 7/18/2023 Dispositions Paydown Honda Auto Receivables 2022-2 A3 - - - 279.75 (279.75) 7/18/2023 Dispositions Paydown Honda Auto Receivables Trust 2020-3 A3 4,543.18 1.00000 4,543.18 8.20 (4,551.38) 7/20/2023 Dispositions Paydown Verizon Owner Trust 2020-B A 7,816.20 1.00000 7,816.20 8.36 (7,824.56) 7/21/2023 Dispositions Paydown Honda Auto Receivables Trust 2021-1 A3 4,587.88 1.00000 4,587.88 9.55 (4,597.43) 7/21/2023 Dispositions Paydown Honda Auto Receivables Owner 2023-1 A3 - - - 294.00 (294.00) 7/21/2023 Dispositions Paydown Honda Auto Receivables Trust 2021-4 A3 2,258.79 1.00000 2,258.79 66.00 (2,324.79)7/25/2023 Dispositions Paydown FHLMC K073 A2 - - - 1,312.08 (1,312.08)7/25/2023 Dispositions Paydown BMW Vehicle Lease Trust 2023-1 A3 - - - 172.00 (172.00) 7/25/2023 Dispositions Paydown BMW Vehicle Lease Trust 2022-1 A3 8,132.04 1.00000 8,132.04 63.66 (8,195.70)7/25/2023 Dispositions Paydown FHLMC K054 A2 - - - 1,143.75 (1,143.75)7/25/2023 Dispositions Paydown BMW Vehicle Lease Trust 2021-2 A3 7,280.18 1.00000 7,280.18 9.87 (7,290.05)7/25/2023 Dispositions Paydown FHLMC K034 A2 164,866.97 1.00000 164,866.97 485.12 (165,352.09)7/25/2023 Dispositions Paydown FHLMC K069 A2 - - - 1,327.92 (1,327.92)7/17/2023 Dispositions Sale First American Govt Obligation Fund Class Y 124,976.25 1.00000 124,976.25 - (124,976.25)7/25/2023 Dispositions Sale First American Govt Obligation Fund Class Y 623,225.06 1.00000 623,225.06 - (623,225.06)7/10/2023 Dispositions Security Withdrawal First American Govt Obligation Fund Class Y 2,505.21 1.00000 2,505.21 - (2,505.21)7/25/2023 Dispositions Security Withdrawal First American Govt Obligation Fund Class Y 246.76 1.00000 246.76 - (246.76) 7/3/2023 Other Transactions Dividend First American Govt Obligation Fund Class Y 184,301.38 0.01343 2,475.77 - 2,475.77 7/6/2023 Other Transactions Interest FFCB Note 200,000.00 0.00563 1,125.00 - 1,125.00 7/10/2023 Other Transactions Interest FNMA Note 330,000.00 0.00125 412.50 - 412.50 7/10/2023 Other Transactions Interest Toyota Motor Credit Corp Note 400,000.00 0.02373 9,493.33 - 9,493.33 7/15/2023 Other Transactions Interest Salesforce.com Inc Callable Note Cont 7/15/2022 55,000.00 0.00313 171.88 - 171.88 7/17/2023 Other Transactions Interest Morgan Stanley Callable Note Cont 7/17/2025 145,000.00 0.02340 3,392.28 - 3,392.28 7/17/2023 Other Transactions Interest John Deere Capital Corp Note 205,000.00 0.00225 461.25 - 461.25 7/24/2023 Other Transactions Interest US Bank NA Callable Note Cont 6/23/2023 250,000.00 0.01700 4,250.00 - 4,250.00 7/30/2023 Other Transactions Interest US Bancorp Callable Note Cont 6/28/2024 125,000.00 0.01200 1,500.00 - 1,500.00 7/31/2023 Other Transactions Interest US Treasury Note 700,000.00 0.00875 6,125.00 - 6,125.00 7/31/2023 Other Transactions Interest US Treasury Note 1,000,000.00 0.01125 11,250.00 - 11,250.00 Changes of Market Values and Accrued Interests 41,295.33 Transaction
Date Tran Category
Tran Type
Description Security Description Quantity Price Principal Interest Total Amount City of Pico Rivera Portfolio
Chandler Investment Transactions
July 2023
Net Investment Transactions $ 119,857.38
Beginning Balance as of 6/30/2023 31,289,275.46Ending Balance as of 7/31/2023 $ 31,409,132.84 To: Mayor and City Council
From: City Manager
Meeting Date: September 12, 2023
Subject: APPROVE BUDGET ADJUSTMENTS FOR THE PICO

RIVERA INNOVATIVE MUNICIPAL ENERGY (PRIME)
FUND FOR FISCAL YEAR 2022-23
Recommendation:

1. Approve budget adjustments amending the fiscal year (FY) 2022-23 Adopted Budget for the Pico Rivera Innovative Municipal Energy (PRIME) Fund (Fund 560) as outlined in Enclosure 1 of this report.

Fiscal Impact:

The FY 2022-23 adopted budget included PRIME Fund revenues of $20,381,163 and expenses of $17,410,535. The City Council approved the rate adjustments on January 24, 2023, which would increase the revenue budget in GL Account No. 560.00.0000- 47750 by $3,300,000 and the expense budget in GL Account No. 560.16.1635-54275 by $3,000,000. PRIME also requests additional appropriations of $1,391,546 to cover energy cost increases in GL Account No. 560.16.1635-54275. The budget amendments would result in a net decrease of $1,091,546 for the FY 2022-23 PRIME budget.

Background:

On September 1, 2017, PRIME became the ninth operational Community Choice Aggregation (CCA) program in the state, launching all residential, municipal, and commercial accounts by May 2018. Since its launch, the program has maintained a 94% participation rate and vast support from the local and surrounding communities.

At its regular meeting on February 27, 2018, the City Council approved Resolution No. 6944 (and as thereafter amended on September 10, 2019, by Resolution No. 7033; on April 14, 2020, by Resolution No. 7060; on August 10, 2021, by Resolution No. 7144; and March 1, 2022, by Resolution No. 7145), establishing Rate Schedules for PRIME and authorizing further rate changes by approval of further resolutions. PRIME’S rates are developed to mirror those of Southern California Edison (SCE) for ease in customer 10 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 12, 2023

APPROVE BUDGET ADJUSTMENTS FOR THE PRIME FUND FOR FISCAL YEAR 2022-23

understanding and cost comparison. PRIME sets its rates to offer customers competitive rates and to cover expenses related to power procurement and administration of the program.

On January 24, 2023, the City Council approved Resolution No. 7247, authorizing PRIME rate adjustments to cover operating expenses. Staff anticipated generating additional revenues by approximately $3.3 million in FY 2022-23. At that time, staff inadvertently omitted requesting adjustments to the budgets with the additional revenues and appropriations; however, said appropriations are needed to reflect the fiscal impact of the rate adjustments.

Discussion:

The proposed action meets the City’s Strategic Plan goal of “Fiscal and Organizational Sustainability.” The rate adjustments approved on January 24, 2023, were designed to protect the City’s enterprise fund, build and maintain reserves to ensure long-term program rate stability, and generate sufficient revenue to cover operating costs. The changes in market conditions for the cost of power and related power products require PRIME to increase its generation rates. The rate adjustment resulted in additional estimated revenue of $3,300,000 and expenses of $3,629,081.

The increased cost associated with energy supply is affecting all load-serving entities in the state, including Community Choice Aggregators (CCAs), such as PRIME, and investor-owned utilities (IOUs), such as SCE. For example, in September 2022, the volatility of the market coupled with summer heat events forced PRIME to purchase approximately $1 million more of energy to meet customer demand for that month. In the past year, energy prices have seen unprecedented increases; for PRIME, this meant additional expenses of $1,391,546.

Conclusion:

Staff recommends that the City Council approve the FY 2022-23 budget amendment to increase PRIME revenues by $3,300,000 and appropriations by $3,000,000 to the Purchased Power – PRIME expense account. Staff also recommends amending the budget with additional increases of $1,391,546 to the Purchased Power – PRIME expense account.

Steve Carmona
SC:AG:VHF:smc
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 12, 2023

APPROVE BUDGET ADJUSTMENTS FOR THE PRIME FUND FOR FISCAL YEAR 2022-23

Enclosure: 1) FY 2022-23 PRIME Fund Budget Adjustment Worksheet

CITY OF PICO RIVERA
Fiscal Year 2022-23 Budget Adjustments
ENCLOSURE 1 - PRIME Funds - No General Fund
OTHER FUNDS - NO GENERAL FUND Decrease Increase
New
Appropriation
Request
Net Increase /
(Decrease) Notes

REVENUE

GEN/DEMAND AND COLLECTIONS
560.00.0000-47750 $ - $ 3,629,081 $ - $ 3,629,081 Revenues associated with energy rate increases approved on January 24, 2023.

EXPENDITURE

PURCHASED POWER - PRIME
560.16.1635-54275 $ - $ 1,391,546 $ - $ 1,391,546 Expenditures associated with energy cost increases. $ - $ 1,391,546 $ - $ 1,391,546
$ - $ 3,629,081 $ - $ 3,629,081
$ (2,237,535)
September 12, 2023

EXPENDITURE ADJUSTMENTS

REVENUE ADJUSTMENTS

NET ADJUSTMENTS INCREASE/(DECREASE)
Enclosure 1
10a
To: Mayor and City Council
From: City Manager
Meeting Date: September 12, 2023
Subject: CITY CLERK APPOINTMENT
Recommendation:

1. Appoint Cynthia Ayala, CMC to the position of City Clerk.

Fiscal Impact:

This position was properly budgeted in the fiscal year (FY) 2023-24 Operating Budget. No additional appropriations are needed at this time.

Background:

The Office of City Clerk is governed by Pico Rivera Municipal Code (PRMC) 2.16.010. Per this code, the City Clerk shall perform those duties as designated by the City Council. The City Clerk position is currently vacant as a result of the recent retirement of former City Clerk, Anna Jerome.

Discussion:

Since Ms. Jerome’s departure, Junior Deputy City Clerk Cynthia Ayala, CMC, has been serving in the capacity of City Clerk and has done so in an exemplary manner. Ms. Ayala has been an employee of the City of Pico Rivera since 2008. In her 15 years of employment with the City, she has demonstrated exemplary performance and dedication to the organization.

During her time in the City Clerk’s office, she has assisted with four (4) regular elections and one (1) special election, attended City Council and other City Agency meetings including the preparation of agendas and minutes, assisted with the administering of the department’s budget, administered the oath of office to newly hired employees and appointed commissioners, and has led in the day-to-day duties of the office. Ms. Ayala continues to pursue her education through trainings, workshops, and conferences to expand her knowledge in the Clerk world and stay up-to-update on current State and Federal laws.
11 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 12, 2023

CITY CLERK APPOINTMENT

This past summer, the City performed an open and competitive recruitment for the position of City Clerk. After much review and consideration of the applications received, an offer was made to and accepted by Ms. Ayala for the permanent position.

Conclusion:

It is recommended that City Council approve the appointment of Cynthia Ayala, CMC to the position of City Clerk.

Steve Carmona
SC:AG:smc
To: Mayor and City Council
From: City Manager
Meeting Date: September 12, 2023
Subject: FIRST READING – AN ORDINANCE AMENDING SECTION

2.55.040, MEETINGS – TIME AND PLACE, TO CHAPTER

2.55 OF TITLE 2 OF THE PICO RIVERA MUNICIPAL CODE
Recommendation:

1. Introduce and waive the first reading of an ordinance, amending Section 2.55.040, Meetings – Time and Place, to Chapter 2.55, Veterans Commission, of Title 2, Administration and Personnel, of the Pico Rivera Municipal Code.

Fiscal Impact:

There is no fiscal impact to the General Fund associated with the adoption of the ordinance.

Discussion:

On March 22, 2022, the City Council adopted Ordinance No. 1155, establishing a Veterans Commission for the City of Pico Rivera. In January 2023, the City Council selected and appointed members to the Veterans Commission.

Upon its establishment, the Commission initially fell under the purview of the Community and Economic Development Department. However, a shift was necessitated when the City Manager, prompted by changes within the department's staffing, supported the transfer of oversight for the Veterans Commission. This responsibility was consequently entrusted to the Parks and Recreation Department. Recognizing the evolving demands of the Parks and Recreation Department, which orchestrates more than 115 special events annually and operates with specific staffing considerations, the department has chosen to embrace the new commission's activities on a quarterly basis, a decision that aligns seamlessly with the Veterans Commission's own agreement to convene for meetings at the same interval.

During the inaugural meeting on May 8, 2023, the commission discussed the meeting structure and determined it would be content to continue to move forward with quarterly meetings.
12 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 12, 2023 FIRST READING – AN ORDINANCE AMENDING SECTION 2.55.040, MEETINGS – TIME AND PLACE, TO CHAPTER 2.55 OF TITLE 2 OF THE PICO RIVERA MUNICIPAL CODE

Conclusion:

Staff recommends that the City Council Introduce and waive the first reading of an ordinance, amending Section 2.55.040, Meetings – Time and Place, to Chapter 2.55, Veterans Commission, of Title 2, Administration and Personnel, of the Pico Rivera Municipal Code. If approved, staff will bring forth the ordinance for adoption at the next regularly scheduled City Council meeting and the ordinance shall become effective 30 days after its adoption.

Steve Carmona
SC:PY:CA:gsm
Enclosure: 1) Ordinance
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, AMENDING PROVISIONS OF CHAPTER 2.55 TO TITLE 2, ADMINISTRATION AND PERSONNEL, OF THE PICO RIVERA

MUNICIPAL CODE RELATING TO VETERANS COMMISSION
WHEREAS, The City of Pico Rivera adopted Ordinance No. 1155 on March 22, 2022, establishing the Veterans Commission.

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

SECTION 1. Section 2.55.040 of Chapter 2.55 of Title 2 of the Pico Rivera Municipal Code, regarding Meetings – Time and place of the Veterans Commission is hereby amended to read as follows:
“2.55.040” Meetings – Time and Place
The Veterans Commission meet regularly each month quarter at such time and place as designated in the rules and regulations of the commission as necessary or as directed by the City Council.

SECTION 2. The City Clerk shall certify 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 days following its final passage.

APPROVED AND ADOPTED this _______ day of ________________, 2023. ____________________________
Erik Lutz, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _______________________________ Cynthia Ayala, CMC, Jr. Deputy City Clerk Arnold M. Alvarez-Glasman, City Attorney Enclosure 1
12a
ORDINANCE NO. _____

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )
I, Cynthia Ayala, Jr. Deputy City Clerk of the City of Pico Rivera, do hereby certify that the foregoing Ordinance, Ordinance No. ____ 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:
_____________________________
Cynthia Ayala, Jr. Deputy City Clerk
To: Mayor and City Council
From: City Manager
Meeting Date: September 12, 2023
Subject: FIRST READING – AN ORDINANCE AMENDING SECTION

2.54.020, MEMBERSHIP-TERM, TO CHAPTER 2.54, SISTER
CITY COMMISSION, OF TITLE 2 OF THE PICO RIVERA

MUNICIPAL CODE
Recommendation:

1. Introduce and waive the first reading of an ordinance, amending Section 2.54.020, Membership – Term, to Chapter 2.54, Sister City Commission, of Title 2, Administration and Personnel, of the Pico Rivera Municipal Code.

Fiscal Impact:

There is no fiscal impact to the General Fund associated with the adoption of the proposed ordinance.

Background:

On September 25, 2007, the City Council adopted Ordinance No. 1037, establishing a Sister City Commission for the purpose of fostering a greater global understanding of other cultures and international friendships for the citizens of Pico Rivera.

This commission is an advisory board of the City Council with the following goals and objectives:
• Promoting the goals of international understanding and friendship by the establishment and maintenance of programs of cultural exchange • Establishing exchange programs through residents, businesses, schools, churches, and similar entities and institutions
• Conducting public meetings where the community has the opportunity to provide input regarding issues under the prevue of the commission. • Increasing importance of cultural, entertainment, and economic development 13 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 12, 2023 FIRST READING – AN ORDINANCE AMENDING SECTION 2.54.020, MEMBERSHIPTERM, TO CHAPTER 2.54, SISTER CITY COMMISSION, OF TITLE 2 OF THE PICO

RIVERA MUNICIPAL CODE

aspects in fostering meaningful international relationships and collaborations Discussion:

To better execute the goals and objectives of this commission, City staff is proposing granting the opportunity for individuals who do not reside within the City to serve on this commission. The inclusion of local non-residents may allow for: 1) additional valuable expertise and perspectives that can enhance the advisory process; 2) broader representation of stakeholders who have a vested interest; and 3) enhance civic engagement. Furthermore, individuals who are not residents but work, own property in the City or have strong ties to the Community can also be equally engaged and invested in local municipal issues.

The proposed ordinance would replace the requirement stated in section 2.54.020 of the Pico Rivera Municipal Code that “All members of the Sister City Commission shall be residents of the city.” Instead, the ordinance will enable one non-resident member to apply and potentially serve on this commission while maintaining the Commission majority residents. Striking a balance between community representation and expertise is crucial for the success of this Commission.

Conclusion:

Staff recommends that the City Council Introduce and waive the first reading of an ordinance, amending Section 2.54.020, Membership – Term, to Chapter 2.54, Sister City Commission, of Title 2, Administration and Personnel, of the Pico Rivera Municipal Code. If approved, staff will bring forth the ordinance for adoption at the next regularly scheduled City Council meeting and the ordinance shall become effective 30 days after its adoption.

Steve Carmona
SC:CA;gsm
Enclosure: 1) Ordinance
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, AMENDING PROVISIONS OF CHAPTER 2.54 TO TITLE 2, ADMINISTRATION AND PERSONNEL, OF THE PICO RIVERA

MUNICIPAL CODE RELATING TO THE SISTER CITY COMMISSION
WHEREAS, The City of Pico Rivera adopted Ordinance No. 1037 on September 25, 2007, establishing the Sister City Commission.

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

SECTION 1. Section 2.54.020 of Chapter 2.54 of Title 2 of the Pico Rivera Municipal Code, regarding Membership – Term is hereby amended to read as follows:
“2.54.020” Membership – Term
The Sister City commission shall be composed of five members who shall be appointed in the manner set forth by resolution of the City Council to serve at the will of the City Council. All Four members of the Sister City Commission shall be residents of the city. Nothing herein shall preclude the City Council from reappointing a commissioner following the completion of his term.

SECTION 2. 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 days following its final passage.

APPROVED AND ADOPTED this _______ day of ________________, 2023. ____________________________
Erik Lutz, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _______________________________ Cynthia Ayala, CMC, Jr. Deputy City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
13a
ORDINANCE NO. ____

) §

COUNTY OF LOS ANGELES )
I, Cynthia Ayala, Jr. Deputy City Clerk of the City of Pico Rivera, do hereby certify that the foregoing Ordinance, Ordinance No. ____ 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:
_____________________________
Cynthia Ayala, Jr. Deputy City Clerk
To: Mayor and City Council
From: City Manager
Meeting Date: September 12, 2023
Subject: APPROVE THE SMART WASTE COLLECTION PILOT

PROGRAM AT SMITH PARK AND A PURCHASE
AGREEMENT WITH BIGBELLY, INC.

Recommendation:

1. Approve a Smart Waste Collection Pilot Program at Smith Park;

2. Award a Sole Source Purchase Agreement to Bigbelly, Inc. for the purchase of 50 smart waste bins for an amount not-to-exceed $286,682, and execute the agreement in a form approved by the City Attorney; and

3. Appropriate $287,000 from the Unassigned Fund 671 (CalRecycle) Senate Bill (SB) 1383 Fee to Account No. 671.11.1110-54500.

Fiscal Impact:

The cost to implement the Smart Waste Collection Pilot Program at Smith Park is $286,682; funded by Senate Bill (SB) 1383 Fee Funds (Fund No. 671), which the City has collected from residential and commercial waste accounts since July 2021 for the specific purpose of improving waste diversion rates in compliance with State mandates.

After a thorough analysis, staff found that implementing a smart waste collection program will reduce the collection frequency from approximately 14 times per week to approximately twice per week, allowing for the reallocation of approximately 1,575 labor hours annually (estimated at approximately $160,000) toward other park maintenance activities, such as cleaning bathrooms, field maintenance, irrigation repair, and litter pickup. The General Fund will also experience annual savings from reduced equipment and material costs estimated at approximately $23,000.

In accordance with the objectives and goals set forth by the collection of SB 1383 Fees, an appropriation of $287,000 from the Unassigned CalRecycle SB 1383 Fee to Account No. 671.11.1110-54500 (Contracted Services) is requested at this time to fund this 14 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 12, 2023

APPROVE THE SMART WASTE COLLECTION PILOT PROGRAM AT SMITH PARK AND A PURCHASE AGREEMENT WITH BIGBELLY, INC.

purchase agreement.

Background:

In 2016, the State adopted Senate Bill (SB) 1383, requiring local jurisdictions, including the City of Pico Rivera, to divert organic waste disposal to a target of 75% by 2025. The California Department of Resources Recycling and Recovery (CalRecycle) has found that when organic waste (i.e., food scraps) is sent to landfills, it releases methane, a greenhouse gas (GHG); these create air pollution, soil and water contamination, and public health risks.

To meet SB 1383 goals of reducing organic waste disposal by 75% by 2025, the State required cities to educate the public on SB 1383, provide organic waste collection, and enforce the mandates. On February 23, 2021, the City amended its waste disposal agreement with NASA Services Inc. (Agreement No. 12-1290-3) to help meet the State’s goals. The amendment includes organic diversion collection services for residents and business owners, educational and outreach programs, and SB 1383 fees. The fees outlined in Agreement No. 12-1290-3, known as SB 1383 fees, are used to support various efforts, such as labor, programs, and projects, aimed at meeting the mandates and targets set by SB 1383. The SB 1383 fees have been previously used to deploy three-bin systems at indoor facilities and community events consisting of regular waste (black bin), recyclable waste (blue bin), and organic waste (green bin).

Staff explored various options to efficiently use the SB 1383 fees, prioritizing: 1) Regulatory compliance; 2) Operational efficiency, and 3) Environmental stewardship.

Discussion:

Although the City has made significant efforts to comply with SB 1383 through waste collection services, education, outreach, and diversion amenities at City indoor facilities, it is ready to extend recycling amenities to outdoor facilities (i.e., parks), which produce high volumes of trash. Currently, City parks utilize single-tin bins, with which there are several ongoing issues with this configuration.

Below we’ve outlined just a few concerns that City staff continue to encounter:

1. Regulatory Compliance: The single-bin configuration hinders recycling efforts, and instead, it promotes waste contamination by allowing materials (i.e., trash, bottles, food) to be mixed in a single bin.

2. Public Health: The exposed design is susceptible to trash overflow and increases the likelihood that rummaging through the bins will occur, resulting in contaminating waste and increasing litter in City parks.

CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 12, 2023

APPROVE THE SMART WASTE COLLECTION PILOT PROGRAM AT SMITH PARK AND A PURCHASE AGREEMENT WITH BIGBELLY, INC.

3. Operational Inefficiency: Trash must be collected by Parks Maintenance staff on a routine schedule. While this is supposed to ensure waste is cleared out of existing bins in an efficient manner, staff is noticing that some highly used trash bins overflow, while other underutilized bins are collected when only 5-10% full, making this activity inefficient for Parks Maintenance staff.

4. Blight: Tin bins are rusted, damaged, and have not kept up with other park improvements, impacting aesthetics and community pride.

Bigbelly Bins
In search of a solution to fulfilling the objectives of SB 1383 and to ensure ongoing attention to City Parks and Facilities, staff found one possible solution for City Council consideration – Bigbelly Smart Waste & Recycling Systems. A smart waste collection system consists of waste bins equipped with a compactor, solar panels, capacity sensors, and network capabilities to support a notification system.

Bigbelly Inc. (Bigbelly) offers solar-powered trash compacting bins that meet the City’s criteria for compliance with State recycling mandates and efficiency, in addition to the following benefits:
 Compactor – Increases capacity by 3x from 50 gal. to 150 gal. to reduce collection frequency.
 Enclosed Bin – Prevents waste from spilling out or rummaging from rodents and individuals compared to traditional open-top bins.
 Solar Panels – Allows for sustainable equipment operation and easy installation.  Fullness Sensors – Allows for optimal waste collection when bins are full.

The cost of each smart bin is approximately $6,350 and includes a five-year warranty covering manufacturer defects. In order to assess the overall Return on Investment (ROI), staff conducted a cost-efficiency analysis that supports the purchase and implementation of Bigbelly bins at City parks.

Due to the cost per bin, and with limited financial resources to dedicate to this new model, staff recommends City Council consider a pilot program at a City park. This would allow management to compare the benefits of implementing a smart waste collection and diversion system in terms of meeting State waste diversion goals, improving operational efficiency, and enhancing environmental stewardship against the current waste collection practices. The cost-efficiency analysis entails replacing all outdoor bins at Smith Park with Bigbelly bins for a five-year period.

Procurement (Sole Source)
Staff contacted four (4) manufacturers to request quotes, including Bigbelly. Of the four (4) manufacturers, two (2) provided industrial-sized equipment which does not meet the City’s needs, and the third was not responsive. Procuring directly from Bigbelly allows CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 12, 2023

APPROVE THE SMART WASTE COLLECTION PILOT PROGRAM AT SMITH PARK AND A PURCHASE AGREEMENT WITH BIGBELLY, INC.

the City to avoid markups associated when purchasing from third parties. For example, Bigbelly is offering the City a 7.5% discount, saving the City approximately $22,000. For these reasons, staff recommends procurement of materials and equipment in accordance with Section 3.20.030(B) of the Pico Rivera Municipal Code (Sole Source Purchasing) due to the City’s ability to purchase the equipment directly from the manufacturer for a lower cost.
[This space intentionally left blank]
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 12, 2023

APPROVE THE SMART WASTE COLLECTION PILOT PROGRAM AT SMITH PARK AND A PURCHASE AGREEMENT WITH BIGBELLY, INC.

Cost-Efficiency Analysis – Bigbelly at Smith Park
Table 1 below summarizes the cost-efficiency analysis of implementing a smart waste collection program at Smith Park. This entails replacing 48 worn-out waste bins with 50 Bigbelly bins. The increase of bins is due to the re-configuration of single-stream bins to multiple-stream bins to allow for the recycling of materials.

Table 1. Cost-Efficiency Analysis – Bigbelly at Smith Park Status Quo
(Baseline)
Bigbelly Pilot
Program

EQUIPMENT
# of Waste Bins 40 20
# of Recyclables Bins 8 28
# of Organics Bins 0 2
Avg. Bin Fullness 40% 95%

OPERATIONAL

EFFICIENCY
(Annual)
Weekly Collection
(times/week) 14 1.9
Unit Collection
(bins/year) 34,944 5,039
Labor Hours 7,280 1,575
Labor Cost $203,840 $44,089
VMT1 Cost $11,386 $2,463
Bags Cost $15,725 $2,267
Maintenance $3,000 $1,890
COST‐

EFFICIENCY
Purchase Cost $0 $286,682
Annual Expenditures $233,951 $50,710
Breakeven Period (months) 0 19
Projected Annual Savings $0 $183,241

ENVIRONMENTAL
(Annual)
Waste to Landfill (gal) 582,400 279,552
Recycling (gal) 116,480 419,328
Plastic Bags 34,944 5,039
VMT 12,376 2,677
CO2 (t) 9.7 2.1
1 Vehicle Miles Traveled (VMT)
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 12, 2023

APPROVE THE SMART WASTE COLLECTION PILOT PROGRAM AT SMITH PARK AND A PURCHASE AGREEMENT WITH BIGBELLY, INC.

Regulatory Compliance. The 50 bins will be placed throughout the park in triple, double, and single-stream systems. The triple bin system consists of waste, recyclables, and organics, which will be near concession stands. The double bin system includes waste and recyclables that will primarily replace single waste bins at the park. The single bin system consists of solely recyclable bins that will replace the single waste bins found immediately at the entrance point of the multiple baseball field dugouts. The Bigbelly bins will improve recycling rates from 17% to 60%. Additionally, it will reduce the annual number of plastic bags by approximately 29,905.

Operational Efficiency. The Bigbelly bins offer a 150-gallon capacity after full compaction, compared to the traditional and current 50-gallon waste containers. The compacting feature will reduce collection frequency from approximately 14 times per week to approximately 2 times per week, allowing for the reallocation of approximately 1,575 labor hours annually toward other park maintenance activities, such as cleaning bathrooms, field maintenance, irrigation repair, and litter pick-up. Additionally, the reduction in collection frequency reduces the number of plastic bags and fuel required to collect trash, saving the City approximately $23,000 annually in operational costs. The annual cost savings associated with waste collection at Smith Park provide a “breakeven” period of 19 months. Staff propose to use the potentially new available labor hours and operational savings to increase other maintenance activities at Smith Park, for example restroom cleaning, irrigation repairs, field maintenance, and litter pick-up.

Environmental Stewardship. The proposed program is expected to reduce annual waste to landfills by 69%, VMT by 9,699 miles, and 7.6 tons of harmful emissions while increasing recycling rates by 112%.

Implementation Strategy
The total cost to implement the pilot program will be $286,682, which includes the equipment, accessories, installation, shipping and handling, tax, and a five-year warranty.

The City can implement this pilot program at Smith Park with anticipated SB 1383 Fee funds. If approved by City Council, the installation would occur about six (6) months from the purchase date.

Operating Bigbelly as designed will help the City reduce labor costs by 78%, reduce plastic bag use by at least 86%, and reduce GHGs by 78% annually.

Should the City move forward with the pilot program and the program proves successful in terms of diversion, acceptance, and operational efficiency, the City can consider the outcomes a reliable sample that can be implemented at other City facilities as SB 1383 funds become available.

CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 12, 2023

APPROVE THE SMART WASTE COLLECTION PILOT PROGRAM AT SMITH PARK AND A PURCHASE AGREEMENT WITH BIGBELLY, INC.

Alignment with City Council Goals
The proposed action meets the City’s Strategic Plan Goals of the following:
 Fiscal and Organization Sustainability –
o (1.2) Identify and implement opportunities for financial efficiency; o (1.3) Improve organizational effectiveness to reduce costs and streamline efforts; and
o (1.4) Foster organizational sustainability to ensure stability.  Economic Development and Land Use –
o (2.4) Establish the City of Pico Rivera as an environmentally friendly, sustainable community that attracts green industries.
 Health, Wellness, and Safety –
o (4.3) Maintaining a clean, safe, and attractive environment to sustain residents’ high quality of life; and
o (4.4) Promoting healthy living to maintain a thriving population.

Conclusion:

Staff recommends that the City Council approve the Smart Waste Collection Pilot Program at Smith Park, award a purchase agreement to Bigbelly, Inc., for a not-to-exceed amount of $286,682 in accordance with Section 3.20.030(B) of the Pico Rivera Municipal Code (Sole Source Purchasing), and an appropriation of $287,000 from the Unassigned CalRecyle Fund Balance to finance this program effectively.

Steve Carmona
SC:AG:VHF:smc
Enclosures: 1) Purchase Agreement
2) Pilot Program Deployment Map
3) Current Bins and Bigbelly Image Comparison
August 9, 2023
Quote Number: Q41907-3

RG / RG
v2023July26
150 A St., Suite 103 ▪ Needham, MA 02494 www.bigbelly.com T: 888-820-0300 ▪ F: 781-444-5651 Prices valid for 60 days from the above date.

BIGBELLY SYSTEM QUOTATION
Prepared By: Bill To: Ship To:

Rafael Garcia Victor Ferrer
Bigbelly Solar City of Pico Rivera City of Pico Rivera
150 A St, Ste 103 6615 Passons Blvd. 9633 Beverly Blvd.

Needham, MA 02494 Pico Rivera, CA 90660-1016 Pico Rivera, CA 90660 (661) 600-5587 (562) 801-4965
[email protected] [email protected]
This order includes the following items:

QTY ITEM EXTENDED
PRICE
2 Smart Max/Smart Max/Smart Triple Station with Hoppers, Chute, Foot Pedals, Message Panels, AC Adaptors (Smart Max), Installation, Five Year Warranty, and Lifecycle CLEAN Software $27,056.70
18 Smart Max Double Station with Foot Pedals, Message Panels, Installation , Five Year Warranty, and Lifecycle CLEAN Software
$183,655.44
8 Smart Max Single Station with Foot Pedal, Message Panels, Installation, Five Year Warranty, and Lifecycle CLEAN Software
$42,414.16
Station pricing includes 7.5% volume discount based on quantity 50 component Shipping & Handling (one time):

Estimated 10.25% Sales Tax (one time):
$7,610.00
$25,945.45
Purchase Option Total System Cost:

Total System Cost w/ Estimated Tax:
$260,736.30 USD
$286,681.75 USD
Sincerely, Rafael Garcia
Bigbelly Solar, LLC
Wire Transfer Info: Middlesex Savings Bank. ▪ Acct Name: Big Belly Solar LLC ▪ Account # 166849558 ▪ Routing # 2113712270 ▪ Int’l Swift # MDSXUS3N
All Purchase Orders must reference the above Quote Number (upper right).

This Quotation is subject to the attached Terms and Conditions of Sale, which are attached hereto and incorporated herein, and expressly acknowledged and accepted by Customer as signified by the duly authorized signature below.

ACCEPTED AND AGREED BY:

CUSTOMER
By: ____________________________________________
Print Name: _____________________________________
Title: ___________________________________________
Date: ___________________________________________
Enclosure 1
14a
August 9, 2023
Quote Number: Q41907-3

RG / RG
v2023July26
150 A St., Suite 103 ▪ Needham, MA 02494 www.bigbelly.com T: 888-820-0300 ▪ F: 781-444-5651

TERMS AND CONDITIONS OF SALE
Version 9.24.2018
The following Terms and Conditions of Sale (“Agreement”) are applicable to any order placed by Customer pursuant to a valid Bigbelly Quotation (“Quotation”) that is accepted by Bigbelly (“Order”).

Acceptance by Customer of this Agreement, which shall be signified by Customer’s duly authorized signature on the face hereof, shall be required for Bigbelly’s acceptance of an Order.

1. SCOPE OF AGREEMENT. Bigbelly, upon acceptance of an Order placed by Customer, will supply the products to be delivered (“Products”) and services to be performed (“Services”) as specified in the Quotation to Customer, pursuant to this Agreement and its attachments. Bigbelly’s acceptance of an Order is expressly limited to the terms and conditions of this Agreement notwithstanding any contrary provision contained in Customer’s purchase orders, acknowledgements or other documents. The details of the Products and Services (e.g. quantity, price, and product specifications) shall be set forth in the relevant Quotation.

2. ON-SITE SERVICES. In the event any on-site services (such as installation, warranty repairs) are required as part of the Products and Services, the additional terms set forth in Attachment A attached hereto shall also apply.

3. PRICE AND PAYMENT. (a) The prices payable by Customer for the Products and Services by Bigbelly under this Agreement will be specified in the applicable Quotation. Unless otherwise expressly stated in a Quotation, all prices exclude shipping and applicable taxes, all of which are at Customer’s expense. (b) Fees shall become payable upon Bigbelly’s acceptance of an Order, unless otherwise determined by Bigbelly and agreed to in writing. All late payments made outside of the agreed upon payment terms will be subject to interest at the rate of the lesser of (i) eighteen percent (18%) per annum or (ii) the highest amount allowed under applicable law. Where upfront payment is required, Bigbelly further reserves the right to withhold shipment of the Products and delay performance of the Services until full payment is made. Any failure by Bigbelly to provide an invoice in a timely manner shall not affect Customer’s obligation to make payments. (c) Upon reasonable request by Bigbelly, Customer shall provide evidence of its financial capacity and such other information as Bigbelly reasonably requests to determine credit status or credits limits. (d) Customer shall provide notice within five (5) business days of the occurrence of any event which materially affects Customer’s ability to perform its obligations under this Agreement.

4. SHIPPING AND DELIVERY. Unless otherwise specified and agreed in an Order, Products and Services will be delivered FOB Origin (Bigbelly’s manufacturing facility) and will be shipped to Customer at the address provided via carriers selected by Bigbelly at the Customer’s expense. The Parties shall mutually agree on any applicable delivery requirements for all Products and Services specified on an applicable Quotation before such Order will be processed. If no delivery requirements are otherwise specified and agreed, Bigbelly shall process any Order upon receipt of the signed Agreement and Customer’s fulfillment of any other order processing requirements set forth by Bigbelly in its sole discretion.

5. INSPECTION AND ACCEPTANCE. Customer shall promptly inspect the Products and Services upon delivery or completion. In the event Products or Services are received damaged, defective or not to specification, Customer shall provide Bigbelly with prompt notice of the alleged deficiencies in the Products or performance of Services under the Quotation or this Agreement and Bigbelly shall have a reasonable opportunity to cure any such alleged non-conformance.

6. SOFTWARE LICENSE. Customer’s use of the software provided as a Product and Service (“Software”) is subject to the CLEAN Software License Agreement that accompanies delivery of the Software. All applicable terms, provisions and agreements set forth in the CLEAN Software License Agreement are hereby incorporated herein by reference with the same force and effect as though fully set forth herein. To the extent that the terms set forth in this Agreement are inconsistent with the terms of the CLEAN Software License Agreement, the terms set forth herein shall apply.

7. WARRANTY. Bigbelly warrants the Products and Services provided pursuant to a Quotation and this Agreement against manufacturer defects or defects in workmanship, under normal use and service, subject to the exclusions, limitations and conditions set forth in the Bigbelly Standard Limited Warranty.

8. BREACH. In addition to all other rights to which a party is entitled under this Agreement, if either party breaches any term of the Quotation or this Agreement, the non-breaching party shall have the right to: (a) terminate the Quotation immediately upon written notice to the other party; and (b) seek to obtain injunctive relief to prevent such breach or to otherwise enforce the terms of this Agreement. Failure to properly demand compliance or performance of any term of the Quotation or this Agreement shall not constitute a waiver of Bigbelly’s rights hereunder and prior to any claim for damages being made for non-conformance or breach, Customer shall provide Bigbelly with prompt notice of any alleged deficiencies in the Products or performance of Services under the Quotation or this Agreement and Bigbelly shall have a reasonable opportunity to cure any such alleged non-conformance or breach.

9. LIMITATIAON OF LIABILITY. IN NO EVENT SHALL BIGBELLY BE LIABLE HEREUNDER FOR INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY FOR SUCH DAMAGES. BIGBELLY’S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT AND ANY QUOTATION SHALL BE LIMITED TO THE TOTAL FEES PAID BY CUSTOMER UNDER THE QUOTATION UPON WHICH A CLAIM IS BASED.

10. INDEMNIFICATION. Each party, as Indemnitor, shall indemnify, defend and hold harmless the other party, as Indemnitee, its officers, directors, employees, agents, subsidiaries, and other affiliates from and against any and all claims, damages, liabilities, and expenses (including attorney fees) arising from any third-party claim based on Indemnitor’s (or its agent’s) breach of any representation, warranty, covenant, agreement, or obligation under the Quotation or this Agreement, or Indemnitor’s (or its agent’s) grossly negligent and/or willful acts or omissions in carrying out its obligations under the Quotation or the Agreement; provided that in no event shall Bigbelly be responsible for any claims arising out of its compliance with instructions, requirements, or specifications provided by or required by Customer (including the use of information, artwork, logos, and/or trademarks provided by Customer). Neither party will be responsible for indemnifying another party hereto where the basis of the indemnity claim arises out of such other party’s own negligence or willful misconduct.

11. CUSTOMER MATERIALS AND DATA. (a) Customer represents and warrants that any matter it furnishes for the Products or performance of the Services by Bigbelly does not infringe any copyright or trademark or other intellectual property rights of any third party nor does it otherwise violate any laws or infringe the rights of any third party. (b) Customer warrants that it has the right to use, and to have Bigbelly use on behalf of Customer, any data provided to Bigbelly by Customer, including specifically customer names, identifying information, addresses and other contact information and related personal information.

12. INTELLECTUAL PROPERTY. Any and all inventions, discoveries, patents, copyrights, trademarks and trade names, commercial symbols, trade secrets, know-how, work product and information or other intellectual property embodying proprietary data existing and owned by Bigbelly as of the date of the Quotation, or made or conceived by employees, consultants, representatives or agents of Bigbelly during the term of this Agreement, shall be and remain at all times the sole and exclusive property of Bigbelly. Customer will obtain no rights thereto other than the limited rights set forth in this Agreement. Without limiting the generality of the foregoing, the parties agree that Bigbelly will own all Software, including all modifications, upgrades and enhancements thereto made during the term of this Agreement.

13. FORCE MAJEURE. Any delay or failure of either party to perform its obligations (other than Customer’s payment obligation) shall be excused if such failure is caused by an extraordinary event or occurrence beyond the control of the nonperforming party, such as acts of God, fires, floods, windstorms, explosions, natural disasters, wars and sabotage. Each party shall promptly notify the other of the reason for the delay and use its best efforts in curing such cause and shall take all action practicable to minimize the adverse impact of the delay on the other party.

14. GOVERNING LAW. Each Quotation and this Agreement shall be governed and construed and enforced in accordance with the laws of the State of California, without reference to its conflicts of law principles. The Parties further agree (i) that any dispute, controversy or claim arising out of or related to this Agreement shall be brought and settled in the state or federal courts of California (ii) to irrevocably submit to the exclusive jurisdiction of any such court; and (iii) to waive any right to a jury trial in any litigation arising out of or related to this Agreement.

15. COMPLIANCE. Each party shall comply with all state, federal and local laws and regulations applicable to its performance hereunder.

16. ASSIGNMENT. Customer may not assign its rights or obligations under this Agreement without the prior written consent of Bigbelly. Pursuant to a valid assignment, the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the Parties.

17. AMENDMENT AND WAIVER. This Agreement shall not be amended or modified in any way except by a subsequent written agreement signed by authorized persons of both Parties. Any amendment or waiver effected in accordance with this section shall be binding upon the Parties and their respective successors and assigns. The waiver by a Party of any breach by the other Party will not operate or be interpreted as a waiver of any other or subsequent breach, nor shall the failure or delay in exercising any right or seeking any remedy hereunder operate as a waiver thereof.

18. SEVERABILITY. If any provision of this Agreement is determined by any court of competent jurisdiction to be invalid or unenforceable, in whole or in part, such provision shall be interpreted to the maximum extent to which it is valid and enforceable, and the remaining provisions of this Agreement shall continue in full force and effect and not be affected thereby.

19. SURVIVAL. In the event any provision of the Quotation or this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of the Order or this Agreement will remain in full force and effect. All sections herein relating to payment, ownership, confidentiality, indemnification and duties of defense, representations and warranties, waiver, waiver of jury trial and provisions which by their terms extend beyond the Term shall survive the termination of the Order and this Agreement.

20. NOTICE. Any notice required to be delivered pursuant to this Agreement shall be deemed given when personally delivered to recipient thereof or mailed by registered mail or certified mail, return receipt requested, to the addresses on the Quotation or to such address as either party may designate in the future.

21. ENTIRE AGREEMENT. Each Quotation, together with this Agreement including the Attachments, constitute the entire agreement between the Parties regarding the subject matter hereof and merges and supersede all prior agreements, oral and written, understandings, commitments and writings. Any Order, purchase order or other ordering or acceptance document issued by Customer is for administrative purposes only and does not form part of this Agreement or amend the terms hereof. In the event of any ambiguity or conflict between any of the terms and conditions contained in this Agreement and the terms and conditions contained in an Order, the terms and conditions of this Agreement shall control. The Quotation or this Agreement may not be amended, supplemented, changed, or modified, except by agreement in writing signed by the parties to be bound thereby.

22. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original and together shall constitute one instrument.

ATTACHMENT A
August 9, 2023
Quote Number: Q41907-3

RG / RG
v2023July26
150 A St., Suite 103 ▪ Needham, MA 02494 www.bigbelly.com T: 888-820-0300 ▪ F: 781-444-5651

ADDITIONAL TERMS FOR ON-SITE SERVICES
In the event Bigbelly or its authorized service provides must come on-site to Customer’s property in order to perform certain services as part of the Products or Services, the Parties agree that the following terms and conditions shall also apply, as applicable.

For purposes of this Attachment A, the ‘Agreement’ shall mean the Terms and Conditions of Sale executed between the Parties to which this Attachment A is affixed. The meaning of capitalized and undefined terms appearing herein shall be as set forth in the Agreement unless otherwise indicated. In the event of a conflict between this Attachment A and the Agreement, the terms and conditions of this Attachment A shall prevail solely with respect to the subject matter herein. The terms and conditions of this Attachment A are hereby incorporated into the Agreement by reference.

1. INFORMATION AND ACCESS. Customer agrees that Bigbelly’s ability perform the Services under the Agreement in a timely manner is dependent upon access to Customer’s installation information and locations. Deadlines imposed by the Agreement shall be extended in the event that Customer fails to provide such information and/or access to Bigbelly in a timely manner.

2. SITE PREPARATION. Customer agrees to provide a poured concrete pad if the intended installation surface does not meet Bigbelly’s specifications. If Customer’s installation surface does not meet such specifications, any additional cost associated with Bigbelly’s efforts to properly prepare the surface will be at Customer’s expense. It is the Customer’s responsibility to remove, at Customer’s expense, existing bins or any other items from the locations where Bigbelly stations will be installed.

3. INSTALLATION. Bigbelly will install the equipment at mutually agreed upon locations, including semi-permanent attachment to the ground. Installation will be in accordance with the delivery and installation schedule agreed to by the Parties prior to commencement of the Services.

4. INSURANCE. Bigbelly shall maintain, during its performance of the Services provided hereunder, liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by Bigbelly. Bigbelly shall furnish copies of such insurance policies upon request.

Legend
Tin Trash Bin
Double Trash Bin
Decorative Trash Bin

CURRENT LAYOUT
Enclosure 2
14b
Legend
Double Bin (BNC)
Triple Bin
(2 HC, 1 BNC)
Single Bin Recycle Only
(BNC)

PROPOSED LAYOUT

TIN BINS AND BIGBELLY COMPARISON
Enclosure 3
14c
To: Mayor and City Council
From: City Manager
Meeting Date: September 12, 2023
Subject: APPROVE A MEMORANDUM OF UNDERSTANDING WITH

LANDIFY ECT CORPORATION FOR PARK DEVELOPMENT

PROJECTS
Recommendation:

1. Authorize the City Manager to execute a Memorandum of Understanding (MOU) between the City and Landify ECT (ECT) regarding the development of new and existing parks throughout the City.

Fiscal Impact:

There is no fiscal impact to the General Fund associated with this MOU. The City assumes all internal costs related to exploring, advancing, and developing new and existing park projects as part of the normal course of business. As park projects advance into the implementation stages, staff will prepare and present a scope of work, timeline, budget, and more definitive agreements with Landify for individual projects that will be subject to council approval.

Background:

According to the 2016 Los Angeles County Parks Needs Assessment, the City of Pico Rivera has 1.3 acres of parks and open space for every 1,000 residents, far less than the Los Angeles County and national averages of 3.3-acres and 6-acres, respectively. In 2020, U.S. Army Corps of Engineers (USACE) informed the City of Pico Rivera that the Whittier Narrow Dam Safety Modification Project (WND Project) would result in permanent impacts to Streamland Park (14-acres), the Pico Rivera Golf Course (30-acres), and Bicentennial Park (60-acres). A total of approximately 104-acres or 57% of parks in Pico Rivera will experience profound impacts. The WND Project will also permanently eliminate Avenida Vicente Fernandez (formerly known as Sports Arena Drive/Rooks Road), the primary access road to Bicentennial Park and the Pico Rivera Sports Arena.

Based on these realities, the City of Pico Rivera developed a comprehensive framework to prioritize and aggressively enhance existing parks while identifying and developing new parks, open space, trails, and recreational opportunities throughout the City. Within a 15 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 12, 2023

APPROVE A MEMORANDUM OF UNDERSTANDING WITH LANDIFY ECT

CORPORATION FOR PARK DEVELOPMENT PROJECTS

period of two (2) years, the City has identified and currently advancing the following park projects:
 Smith Park Aquatic Center – A new pool; aquatic center; and grandstands.  Rio Hondo Park – All new sports fields with artificial turf, courts, playgrounds, landscaping, and security lighting.
 The PAD Park – Converting the former Montebello Bus Depot into a neighborhood park.
 Historic Whittier Boulevard Back Alley Paseos – beautifying blighted back alleys with new landscaping, artwork, signage, lighting, and programmed space for community activities and economic development purposes.
 Alebrije Dog Park – The City’s first dog park featuring Mexican/Oaxacan alebrije artwork.
 The City’s first parklet, albeit temporary, on Durfee Avenue was used to provide outdoor dining space for local businesses during the pandemic.

Furthermore, per Senate Bill 268 (Archuleta), the City of Pico Rivera is actively leading efforts to form and establish the Lower San Gabriel River Recreation and Parks District.

Although the formation process is lengthy and complex, the regional leadership role alongside proactive park planning positions the City of Pico Rivera to effectively compete and successfully secure State and federal grants and legislative funding appropriations.

Discussion:

The lack and loss of park space in Pico Rivera is devastating. Nevertheless, community leaders, residents, businesses, stakeholders, elected officials, and government agencies have collectively leveraged this narrative when advocating for more parks and open space in Pico Rivera. Combined with strong project proposals, the City has been prosperous in its funding pursuits. Since January 2021, the City has secured over $40 million for projects related to parks, trails, open, and recreation space with another $14 million in grant proposals that are currently pending approval.

Although critical to park development, the administrative process to plan and prepare grant proposals then manage awards often strains staff capacity. Each granting agency has different rules and regulations governing documentation retention, reporting financials and deliverables, outreach and engagement, procurement and contracting, and much more. As a result, identifying and targeting grant programs often requires an analysis to evaluate the balance between benefit, value, and costs. Recognizing this challenge, staff regularly strive to diversify the funding streams while introducing creative approaches to new park developments.

For example, shared-use agreements with the school district have proven to be effective mechanisms to introduce more park space. Development agreements have also resulted in the creation of more public green space. Staff is also establishing dedicated CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 12, 2023

APPROVE A MEMORANDUM OF UNDERSTANDING WITH LANDIFY ECT

CORPORATION FOR PARK DEVELOPMENT PROJECTS

partnerships with other government agencies to share the expense of new parks. More recently, staff secured legislative language in the proposed Climate Resiliency Bond of 2023 that would prioritize park poor communities such as Pico Rivera. Staff is being as creative as possible to optimize park development opportunities within the City.

This proposed MOU with ECT is yet another avenue by which to develop more parks, sooner, and at a lower cost. In short, Landify ECT is a private enterprise that partners with public agencies such as local cities to build parks.

Landify ECT – Park Development Model
ECT’s business model focuses on two primary objectives: 1) intercept excavated soils from development construction sites, and 2) use the tipping fees and clean soil to build parks.

ECT partners with local cities to identify and scope plots of land that are suitable for new park sites. ECT then works closely with landowners and developers that seek to undertake new development projects that typically require excavating, loading, and disposing of clean soil. Landowners/developers must pay a tipping fee to dispose of soil. ECT collects and uses the tipping fees to cover the expense of scoping, designing, and building new parks.

Furthermore, instead of hauling the clean soil long distances to dump sites such as large quarries, ECT intercepts and reroutes soil-loaded trucks to sites (e.g., new park sites) that are in close geographical proximity to the original construction sites. As a result, developers save money associated with fuel costs and drive-time labor hours while also reducing greenhouse gas emissions related to the vehicle miles traveled.

Landify is the California-based subsidiary of the parent company, Groupe ECT based in France. Groupe ECT has over 50 years of experience managing soil while maintaining the highest environmental standards. Groupe ECT has completed over 100 projects in multiple countries ranging from urban forests, passive and active recreation parks, sport facilities, equestrian parks, mountain bike tracks, solar farms, and much more. Landify ECT targets parks sites over 2.5 acres in high-growth, high-density communities that are park deficient.

Having learned about the significant loss of park space associated with the WND Project, Landify ECT approached the City of Pico Rivera to present their business model and to preliminary explore opportunities for a potential public-private partnership.

Staff prepared a park development matrix (attached) to help identify, prioritize, and program park projects within the City.

Ruben Salazar Park – Pilot Project
Based on City Council direction and a shared-use agreement with ERUSD, staff developed a conceptual vision to convert the underutilized open fields of Ruben Salazar High School into a new park consisting of various sized soccer fields, basketball courts, futsal and pickle ball courts, walking paths, fencing, lighting, parking, landscaping, and picnic areas. Initial costs estimates came in over $19 million. Based on this high cost, the City and the school district collectively decided to take a multi-year phased approach that is largely dependent on recuring grant cycles and subject to funding availability. Although the City is confident in CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 12, 2023

APPROVE A MEMORANDUM OF UNDERSTANDING WITH LANDIFY ECT

CORPORATION FOR PARK DEVELOPMENT PROJECTS

its ability to secure and put together grant funds, the timeframe to implement the full vision is estimated to be seven-to-ten-years.

In fact, the City successfully secured a Cal Fire grant in the amount of $2.3 million dollars that will be dedicated for Ruben Salazar High School Property to enhance the greenery within the City and increase the urban forest. The grant will provide seed money to grade and level the existing area, remove the blighted asphalt, install low flow irrigation and plant much needed trees to increase the City’s shade canopy. Beyond this one grant, the City hasn’t identified any other suitable grant opportunities.

Considering the early stages of development and the strong community interest, Ruben Salazar Park was determined to be a prime candidate for a pilot park project with Landify ECT. A partnership with Landify would accelerate the project timeline and alleviate the overall grant dependency by reducing the project cost to approximately $4.6 million, saving the City over $14 million. Although appealing from a financial perspective, this project delivery model would require a new design that accounts for new constraints, challenges, and opportunities. If the proposed MOU is approved, City staff will work closely with the school district to undertake a transparent and community-based process to develop a new park design. All processes and final designs associated with Ruben Salazar Park shall be subject to final approval by the El Rancho Unified School District Board of Education.

If Ruben Salazar Park is not included as part of this MOU, staff has outlined multiple sites and park projects that may advance in partnership with Landify. Assuming this MOU is approved, staff and Landify will prepare a more detailed project scope, design, budget, and timeline for council consideration and approval at a later date. Staff will continue to provide regular updates to the ERUSD ad-hoc and governing board. Staff will also work with Landify to explore the feasibility of developing additional parks and/or enhancing existing parks throughout the City. Each potential park project will be presented to council for approval.

Conclusion:

Staff recommends that the City Council approve the Memorandum of Understanding with Landify ECT Corporation to formerly explore the development of parks in the City of Pico Rivera using their park delivery business model.

Steve Carmona
SC:JH:PY:smc
Enclosures: 1) Memorandum of Understanding
2) Park Development Matrix

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF PICO RIVERA
AND

LANDIFY ECT CORPORATION
Preamble and Background
Landify ECT Corporation, a Delaware corporation (“ECT”), focuses on “upcycling,” including re-using excavated soil from urban construction sites to work with communities and local authorities on projects of sustainable, collaborative development. One component (and one of the benefits) of ECT’s business model is that ECT will self-finance (at least partially) the projects it works on. ECT met with the City of Pico Rivera, California (the “City”) and presented its business model. The City indicated that it is working on at least one park project and agreed to discuss a legal framework for the parties to evaluate the feasibility of such project and thus reach a go/no-go decision on the project.

This document is intended to describe what the parties are considering regarding at least one potential park project where external fill may be useful. This document does not commit the City to realizing such project. The City can decide at any time to change what will be done in the designated areas, or even to create a park project without using external fill. The only thing required of the City by ECT is that if the City decides to create a park using external fill, it does so with ECT.

THIS MEMORANDUM OF UNDERSTANDING (this “MOU”) is entered into as of July 11, 2023, by and between the City of Pico Rivera, California (the “City”) and Landify ECT Corporation, a Delaware corporation (“ECT”). The City and ECT are collectively referred to herein as the “Parties” and individually as a “Party,” and are entering into this MOU, based on the following facts and understandings:

A.

B.

The City is the owner of a parcel of land or has jurisdictional authority or coauthority based on agreements or Memorandums of Understanding with the land owner, commonly known as the Smith Park Extension (adjacent to the Ruben Salazar High School), located in the City of Pico Rivera. The City also expressed interest in potentially developing other sites. The Smith Park Extension and any other sites within the City of Pico Rivera that may be identified and accepted for consideration as park projects by both Parties, shall be referred to hereinafter as the “Potential Park Projects.” The Smith Park Extension site is shown on Exhibit A hereto.

Examples of illustrative developments on the Smith Park Extension site are depicted on Exhibit B. This project (and any other Potential Park Project) would include several enhancements as part of the City’s commitment to establishing and maintaining facilities, parks and services that enhance the quality of life for the community. The City intends to initiate the necessary review and approval ENCLOSURE 1
15a
2 C.

D.
of the Smith Park Extension and any other Potential Park Projects pursuant to a master plan or similar process (the “Master Plan”).

The Parties desire to utilize the expertise of ECT’s personnel to develop certain of the improvements in the Potential Park Projects that will be consistent with the Master Plan. The Parties are entering into this document to enable the Parties to undertake the required due diligence to evaluate the feasibility of the Potential Park Projects including, among others, evaluating environmental conditions. Assuming the Parties agree that proceeding with the Potential Park Projects is feasible, this document will then facilitate ECT’s proposal to construct some or all of the contemplated improvements (all such amenities to be discussed and adjusted with the City and local stakeholders).

The Parties’ intent is to move forward with the due diligence regarding the Potential Park Projects, in accordance with the terms of this document. If, following completion of the due diligence, the Parties agree it is feasible, they will then proceed with the Design, Entitlements, and Definitive Agreement(s), as described more fully below.

THEREFORE, in consideration of the terms and conditions set forth herein, the Parties hereby agree as follows:

Section 1.1 Due Diligence. Each Party shall timely provide, and shall direct its representatives, including attorneys, consultants, and financial advisors, to provide to the other Party and its representatives, reasonable access to the Potential Park Project sites, as well as such information (including, without limitation, soils and environmental reports) that each such Party reasonably deems necessary, to evaluate the feasibility of, and to advance, the Potential Park Projects. The City shall support the internal costs linked to the involvement of City personnel on these Projects. ECT shall support all the costs necessary for the feasibility study. The Parties shall endeavor to complete their due diligence in a timely manner, such that the Parties can decide whether to proceed with the Smith Park Extension project no later than six (6) months after full execution of this MOU (unless the Parties agree on an extension), and for any additional park projects by a deadline agreed upon by the Parties. Each of the Parties shall retain sole discretion as to whether they will proceed with these Projects upon completion of the due diligence.

Section 1.2 Design. The Parties will develop together a preliminary design and site plan (the “Preliminary Design Plan”) depicting the improvements, which will include elevations.

ECT will financially contribute to the Preliminary Design Plan. The Parties will work together to refine the plans and specifications to address the City’s concerns, taking into account ECT’s project delivery methodology, and this process will be repeated until such time as the Parties have agreed on the plans and specifications for each of the Potential Park Projects (the “Approved Plans”). Unless the Parties agree otherwise, construction (excluding buildings) on any individual component of each of the Potential Park Projects will not commence until such time as the Parties have agreed on the Approved Plans for that particular component, and a Definitive Agreement (defined below) has been executed by the Parties.
3 Section 1.3 Entitlements. Once the Parties have reached agreement on the Approved Plans, ECT will take the lead, at its sole cost but with the City’s cooperation, on obtaining all other entitlements for each of the Potential Park Projects, including building permits for construction, and any other necessary permits or approvals. Upon execution of this MOU, ECT is authorized by the City to contact any regulatory or other governmental agencies, as may be necessary in connection with obtaining information and entitlements for these Projects, including CalRecycle and the Regional Board. ECT will do this in total transparency with the City. The City will be the Lead Agency for purposes of conducting any required CEQA review and permitting for these Projects.

The approval of this MOU shall not commit the City to the approval of any of the Potential Park Projects or any iteration thereof, and shall not limit the scope of any CEQA analysis, including but not limited to project mitigation measures and the consideration of project alternatives, including a no-project alternative. The provisions of this Section shall not in any way limit, hinder or affect the discretion of the City to review CEQA documents and impose mitigation measures, alter any of the Potential Park Projects or deny any of these Projects. If the City or any other regulatory agency with jurisdiction imposes any condition of approval that materially increases the cost of constructing any component of these Projects, this may cause ECT to exercise its right to terminate this MOU.

Section 1.4 City Commitment. The City is under no obligation to proceed with all or any portion of the Potential Park Projects. However, if the City decides to create a park on any of the Potential Park Project sites using external fill, it shall do so with ECT.

Section 1.5 Definitive Agreement(s). Upon obtaining all entitlements for each Potential Park Project, the Parties intend to execute one or more construction contracts with respect to that Project (or component thereof). A construction contract for any component of such Project is referred to as a “Definitive Agreement.” Each Definitive Agreement will (a) require that ECT obtain and maintain all appropriate licenses required to construct any such component of the Project, (b) define the scope of the construction that ECT will undertake, (c) require ECT to construct any such component of the Project on the terms and conditions agreed to in the Definitive Agreement, and (d) require ECT to satisfy all applicable public works requirements (e.g., payment of prevailing wages for construction services) in connection with such construction. Each Definitive Agreement will also include a construction schedule for the construction of the applicable Project component (the “Construction Schedule”). Upon execution of each Definitive Agreement, ECT will proceed with the construction of the Project components covered by such agreement, in accordance with the terms of such Definitive Agreement, the Approved Plans and the Construction Schedule. The City will not be charged for the construction services provided by ECT.

Section 1.6 Representatives. Each Party shall designate one representative (each, a “Representative”), who will be authorized to communicate decisions and grants of approval for such Party, under this MOU. Initially, Pam Yugar, Director of Parks and Recration, shall be the City’s Representative, and Jonathan Bryden, President (email:
[email protected]; tel: (415) 635-3555) shall be ECT’s Representative. Either 4 Party may change its Representative by giving written notice of the change to the other Party.

Section 1.7 Further Details to be Negotiated. The Parties acknowledge that the details of the Potential Park Projects described herein are intended to be the subject of further discussion and negotiation between the Parties, all of which will be reflected in the Definitive Agreement(s). The City will prepare the first draft of the Definitive Agreement, which will be based upon documents the City uses for similar transactions within its community; provided, at the request of the City, ECT will prepare the initial draft of the Definitive Agreement. THIS MOU IS INTENDED AS A PRELIMINARY

EXPRESSION OF GENERAL INTENTIONS AND, WHILE THE PARTIES INTEND TO

PROCEED WITH THE POTENTIAL PARK PROJECTS AND AGREE TO PURSUE

THEM IN GOOD FAITH, EITHER SHALL HAVE THE RIGHT TO TERMINATE THIS MOU WITH OR WITHOUT CAUSE; PROVIDED, HOWEVER, THAT TERMINATION

OF THIS MOU WILL NOT AFFECT ANY DEFINITIVE AGREEMENT THAT HAS BEEN

FULLY EXECUTED AND DELIVERED BY THE PARTIES PRIOR TO SUCH TERMINATION.

Section 1.8 Notices. Any notice from one Party to the other in connection with this MOU, shall be given to the Parties’ at their respective addresses set forth on the signature page hereto. Notices may be given by email, U.S. mail, overnight courier that provides evidence of delivery, or personal delivery, with postage prepaid by the sending party. Notices given by email shall be deemed given when sent; notices given by overnight courier or personal delivery shall be deemed given when delivered; and notices given by U.S. mail shall be deemed given three days after deposit in a U.S.

Postal Service mailbox.

Section 1.9 Exclusive Dealings. Upon execution of this MOU by both Parties, the City will not solicit or accept any offers or engage in any discussion concerning the development of any of the Potential Park Projects (or any component thereof), until such time as this MOU is terminated, as provided herein.

Section 1.10 Governing Law. This MOU and the interpretation hereof shall be governed by the internal laws of the State of California, without regard to such state’s conflict of law rules.

Section 1.11 Counterparts. This MOU may be executed in any number of counterparts, all of which, when taken together, shall be considered one and the same agreement, and shall become effective when at least one counterpart has been executed and delivered by each Party, it being agreed that both Parties need not sign the same counterpart. A Party’s signature that is provided digitally or electronically, or is delivered by email, facsimile or other electronic means, shall be valid and binding on the Party so executing or delivering its signature, and shall have the same force and effect as if such signature were an original thereof.
5 IN WITNESS WHEREOF, the Parties have executed this MOU as the date first set forth above.

CITY OF PICO RIVERA
By: __________________
Steve Carmona, City Manager
City of Pico Rivera
6615 Passons Blvd.

Pico Rivera, CA 90660

LANDIFY ECT CORPORATION,
a Delaware corporation
By: __________________
Jonathan Bryden, President
Landify ECT Corporation
580 California Street,
12th and 16th Floors
San Francisco, California 94104
Attn: Jonathan Bryden
NAI-1537243108v1
#
Park Name
(Preliminary) Location Park Type Owner Priority Landify Acreage New or Enhancing Description Status 1 Ruben Salazar Park 9115 Balfour St. Active ERUSD High Yes 9.3 New expand Smith Park; multi‐sport complex; picnic area;festival grounds Initial concept designs;phase 1 & 2 costestimates; subject topartnership with Landify;seeking approval fromERUSD 2 San Gabriel
Riverfront Park 9771 Beverly Blvd. Passive SCE Low Yes 17.5 New passive walking trails; nativelandscaping; wildlife habitatrestoration; educationalinterprative signage; bikestop submitted initial packetof intent; awaiting review& response; 3 The PAD Park 5055 Passons Blvd. Hybrid/ Urban City High Yes 0.46 New Convert former bus depot;urban tree canopy; butterflygarden; bike pit stop; flexcommunity space; business incubator; performanceamphatheater; etc.

LACROSD grant toacquire; USHUD grantunderway for phase 1; 4 Alebrije Dog Park 3935 Rosemead Blvd. Dog City High Yes 0.63 New First city dog park; themebased on Mexican/Oaxacanalebrije; enhanced bus and bike stop; etc.

Commencing to phase 1
5 Kruse Property West 9357 Kruse Rd. TBD City High Possible 1.55 New May be used as a park or a water division facility. Recently acquired by city Park Development Matrix
ENCLOSURE 2
15b
6 Kruse Property East 9570 Kruse Rd. TBD Private Medium Possible 2.8 New May be used to expand golf
course; TBD when WNDproject is complete.

Pending grant award toacquire/purchase
7 HWB Back Alley
Paseos
4944 Lindsey Ave. Hybrid/ Urban City Medium No 1.5 New
public open space;
community events; walkingpromenades and plazas;outdoor dining & economicdevelopment; bike paths; artfeatures; etc. submitted Clean CA grant($3.5m); draft RMC grant($1.5m) 8 Marine Corps Base 3551 San Gabriel River Pkwy TBD US Navy Low Yes 4.7 site owned by USDOD;seeking disposition 1st right
New
of refusal; site can be used Working with Rep. Sanchez office to expedite
9 Smith Park Aquatic
Center
6016 Rosemead Blvd. Active City High No 2 Enhancing
for varying alternatives(park, housing, fire station,
etc.)All new pool and pumps;
aquatic community center;pool locker room;
Final design; constructionto commence X?
10 Rio Hondo Spreading
Grounds 8079 Washington Blvd Passive LACo Medium Yes 570 grandstands;passive open space;
multiuse trails; expand bike
network; limited
New infrastructure; wayfinding & Submitted motion request to Sup. Hahn; 11 Pio Pico Park ‐ Trail
Connector
10026 Whitter Blvd. Trail City Medium Yes 0.34
educational signage; native
landscaping; wildlife habitatrestorationtrail connection between PioPico State Historic Park and New San Gabriel River; CA
landscaping; water capture;
12 Arma Park Yes 0.54 NA
13 Beverly Rd. Park
8603 Arma St.
8606 Beverly Rd.

Passive SCE/LADWP LowPassive SCE/LADWP Low Yes 1.2
wayfinding; etc.

New Recently Identified
New Recently Identified NA

COUNCIL

MEETING
DATE

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

DISCUSSION
ITEM
ACTION

ITEM DATE
STATUS:

Complete;
Pending;
On-going;
In-Progress
1/24/2023 Lara/Garcia Safe Pathways to School Discuss with ERUSD Boardmembers
Ad Hoc Committee
2/14/2023 Garcia/Sanchez Establishing Safe Spaces for kids Take to City Council P. Yugar 2/14/2023 8/8/2023 In-Progress 5/9/2023 Camacho/Garcia Commercial Property Maintenance Ord. Take to City Council A. Betancourt

GOOD OF THE ORDER