Agenda packet — Pico Rivera City Council, July 29, 2024

*Commissioners receive a $30.00 stipend per each meeting held and attended. .

Monday, July 29, 2024
Special Meeting 4:00 p.m.

Council Chamber
6615 Passons Boulevard
Next Resolution No. 7357
Next Ordinance No. 1187
Next Agreement No. 24-2367
Successor Agency to PRRA
Next Resolution No. SA-24-30
Next Ordinance No. SA-01
Next Agreement No. S24-006
Housing Assistance Agency
Next Resolution No. HA-108
Next Ordinance No. HA-16
Water Authority
Next Resolution No. 24-37
Next Ordinance No. 24-01
Next Agreement No. 24-79
Public Financing Authority
Next Resolution No. PFA-24-13
ROLL CALL:

Mayor:

Andrew C. Lara
Mayor Pro Tempore:

John R. Garcia
Councilmembers:

Gustavo V. Camacho
Erik Lutz
Dr. Monica Sanchez
INVOCATION:

PLEDGE OF ALLEGIANCE:

PLEASE TURN OFF ALL PAGERS AND/OR PHONES WHILE MEETING IS IN

SESSION AND PLEASE REFRAIN FROM TEXTING DURING THE MEETING **************************************************************************************************** In compliance with the Americans with Disabilities Act of 1990, the City of Pico Rivera is committed to providing reasonable accommodations for a person with a disability. Please call the City Clerk’s office at (562) 801-4389, if special accommodations are necessary and/or if information is needed in an alternative format. Special requests must be made in a reasonable amount of time in order that accommodations can be arranged (within 24 to 48 hours’ notice).

Meeting jointly and regularly with the Pico Rivera Successor Agency to the Pico Rivera Redevelopment Agency (as needed); Pico Rivera *Housing Assistance Agency (as needed); Pico Rivera Water Authority (as needed); and Public Financing Authority (as needed) 07-29-2024 Agenda City Council Special Meeting

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PUBLIC HEARING:

City Council:

1. Public Hearing – Urgency Ordinance No. 1184 – 10 Month, 15 Day Extension Placing a Moratorium on Rest Homes and Trade Schools in Industrial and Commercial Zones. (1300)
a) Open public hearing
b) Memo from City Manager
c) Written Communications
d) Oral Communications
e) Close public hearing
f) Recommendation:

1. Adopt by four-fifths (4/5) vote, an extension of ten (10) months and fifteen (15) days to Ordinance No. 1184 prohibiting rest homes and trade schools in all commercial and industrial zones; and

2. Determine that the Urgency Ordinance is exempt from the California Environmental Quality Act.

Urgency Ordinance No. ____ AN URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, EXTENDING URGENCY ORDINANCE NO. 1184 FOR A PERIOD OF 10 MONTHS 15

DAYS PROHIBITING RESTHOMES AND TRADE SCHOOLS IN ALL

COMMERCIAL AND INDUSTRIAL ZONES
PUBLIC COMMENTS:

PUBLIC COMMENTS ON ITEMS LISTED ON THE SPECIAL MEETING AGENDA

ONLY - IF YOU WOULD LIKE TO SPEAK ON THE LISTED AGENDA ITEM, PLEASE

FILL OUT A GREEN PUBLIC COMMENT REQUEST FORM AND PROVIDE IT TO THE STAFF MEMBER AT THE BACK TABLE BEFORE THE MEETING STARTS.

When you are called to speak, please come forward and state your name and city of residency for the record. You have three (3) minutes to make your remarks. In accordance with Government Code Section 54954.2, members of the City Council may only: 1) respond briefly to statements made or questions posed by the public; 2) ask a question for clarification; 3) provide a reference to staff or other resources for factual information; 4) request staff to report to the City Council at a subsequent meeting concerning any matter raised by the public; and 5) direct staff to place a matter of business on a future agenda. City Council members cannot comment on items that are not listed on a posted agenda.

CONSENT CALENDAR:

City Council:
07-29-2024 Agenda City Council Special Meeting

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2. Amendment No. 1 to Agreement No. 24-2278 with Romtec, Inc. for Purchase of a Pre-Engineered Multipurpose Aquatics Building for the Smith Park Aquatic Center Project (CIP No. 50043). (500)
Recommendation:

1. Approve Amendment No. 1 to Professional Services Agreement No. 24- 2278 with Romtec, Inc., by increasing the existing contract in the amount of $54,555, with a new total not-to-exceed $593,777 for the procurement and installation of a pre-engineered Multipurpose Aquatics Building for the Smith Park Aquatic Center Project (CIP No. 50043); and

2. Authorize the the City Manager, or his designee, to process change orders, as needed, in an amount not-to-exceed a $30,000 contingency (approximately 5% of the total contract amount) for unforeseen field conditions during installation; and

3. Authorize the City Manager to execute Amendment No. 1 in a form approved by the City Attorney.

Agreement No. 24-2278-1

3. Professional Services Agreement with Atlas Planning Solutions to Update the City of Pico Rivera’s Local Hazard Mitigation Plan, Emergency Operation Plan, and Corresponding Sections of the Safety Element in the General Plan.

Recommendation: (500)

1. Approve a Professional Services Agreement with Atlas Planning Solutions for an amount not-to-exceed $155,530 to update the City of Pico Rivera’s Local Hazard Mitigation Plan, Emergency Operation Plan, and corresponding sections of the Safety Element in the General Plan; and

2. Authorize the City Manager to execute the agreement in a form approved by the City Attorney.

Agreement No. ________

4. Grant Agreement Awarded by the Safe Streets And Roads for All Grant Program. (500)
Recommendation:

1. Approve a Grant Agreement with the U.S. Department of Transportation as part of the 2023 Safe Streets and Roads for All Grant Program in the amount of $300,000 in federal funds; and

2. Authorize the Director of Public Works to execute the agreement in a form approved by the City Attorney.

Agreement No. ________

5. Fourth Quarter Treasurer’s Report and the Monthly Investment Transaction Report as of June 30, 2024 – Fiscal Year 2023-2024. (700) Recommendation:

1. Receive and file the Treasurer’s Report for the quarter ending June 30, 2024, which represents balances and activities for the fourth quarter (April through June) of the 2023-24 fiscal year; and
07-29-2024 Agenda City Council Special Meeting

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2. Receive and file the Treasurer’s Monthly Investment Transaction Report as of June 30, 2024.

6. Cancellation of the August 13, 2024, and August 27, 2024 City Council Regular Meetings. (100)
Recommendation:

1. Approve the cancellation of the August 13, 2024 and August 27, 2024 City Council Regular meetings; and

2. Direct the City Clerk to post a Notice of Cancellation for both meetings by August 1, 2024.

7. Approve a Memorandum of Understanding Between the City of Pico Rivera and Service Employees International Union Directors Unit Members for a Three-Year Term, July 1, 2024 through June 30, 2027. (500) Recommendation:

1. Approve a Memorandum of Understanding between the City of Pico Rivera and the Service Employees International Union – Directors Unit for a threeyear period (July 1, 2024 – June 30, 2024).

Housing Assistance Agency:

8. Section 8 Management Assessment Program Certification. (1600) Recommendation:

1. Approve a resolution authorizing the Pico Rivera Housing Assistance Agency’s Section 8 Management Assessment Program Certification form for submittal to the U.S. Department of Housing and Urban Development for fiscal year 2023-24.

Resolution No. ____ A RESOLUTION OF THE CITY OF PICO RIVERA HOUSING ASSISTANCE AGENCY, APPROVING THE AGENCY’S
SECTION 8 MANAGEMENT ASSESSMENT PROGRAM CERTIFICATION
FORM FOR SUBMITTAL FOR FISCAL YEAR 2023-2024

CONSENT CALENDAR ITEMS PULLED FOR FURTHER DISCUSSION
ADJOURNMENT:
07-29-2024 Agenda City Council Special Meeting

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AFFIDAVIT OF POSTING
I, Cynthia Ayala, City Clerk, for the City of Pico Rivera, DO HEREBY CERTIFY, under penalty of perjury under the laws of the State of California, that the foregoing notice was posted at the Pico Rivera City Hall bulletin board, Pico Rivera website www.picorivera.org, Pico Rivera Post Office and Parks: Smith, Pico and Rivera which are available for the public to view on this 26th, day of July 2024.

Dated this 26th, day of July 2024.

Cynthia Ayala
City Clerk
SB343 NOTICE
In compliance with and pursuant to the provisions of SB343 any public writing distributed by the City Clerk to at least a majority of the City Council Members regarding any item on this special meeting agenda will be available on the City’s website.

STATEMENT REGARDING DECORUM AT CITY COUNCIL MEETINGS
If you wish to speak at the time set aside for public comments, the City Council has established the following standards and Rules of Decorum as allowed by State law. • Public comment is limited to those portions of the meeting referred to as Public Comments. These portions are intended for members of the public to address the City Council, Successor Agency, Housing Assistance Agency or Water Authority on matters related to agendas or any other items under the subject matter jurisdiction of the City Council or Agencies. Please fill out the desired color-coded card prior to the start of the meeting at 6:00 p.m. Once the meeting has begun, no further cards will be accepted. • A yellow Public Hearing Comment Request card must be completed to speak during a Public Hearing.
• A green Public Comment Request – Card is for those wishing to address the Council/Agency on agenda items or any other items under the subject jurisdiction of the City Council/Agency.
• Citizens may address the Council, Successor Agency or Housing Assistance Agency once for a maximum of three minutes. After each speaker returns to his/her seat, the Mayor shall determine the time and manner of response, but typically if answers are available, they will be given after all speakers have had an opportunity to address the City Council.
• Members of the audience are asked to refrain from clapping or otherwise speaking from their seats. Those not meeting the standards for decorum may be escorted from the meeting.

RULES OF DECORUM CAN BE FOUND IN THE PICO RIVERA MUNICIPAL CODE SECTION

2.08.050 AS ESTABLISHED BY ORDINANCE 783 ADOPTED ON AUGUST 20, 1990 AND AMENDED BY ORDINANCES 822 (SEPTEMBER 21, 1992) AND 1020 (MARCH 21, 2006).

To: Mayor and City Council
From: City Manager
Meeting Date: July 29, 2024
Subject: PUBLIC HEARING – URGENCY ORDINANCE NO. 1184 –
10 MONTH, 15 DAY EXTENSION PLACING A

MORATORIUM ON REST HOMES AND TRADE SCHOOLS

IN INDUSTRIAL AND COMMERCIAL ZONES
Recommendation:

1. Adopt by four-fifths (4/5) vote, an extension of ten (10) months and fifteen (15) days to Ordinance No. 1184 prohibiting rest homes and trade schools in all commercial and industrial zones; and

2. Determine that the urgency ordinance is exempt from the California Environmental Quality Act.

Fiscal Impact:

There is no fiscal impact to the General Fund associated with the recommended action.

Background:

On June 25, 2024 the City Council adopted Urgency Ordinance No. 1184 establishing a forty-five (45)-day moratorium on the establishment of any new rest homes and trade schools in all commercial and industrial zones. The purpose of the moratorium is to allot the City of Pico Rivera (City) staff time to conduct research, determine the impacts to the community and mitigate the impacts caused by the subject uses. Staff is requesting additional time of ten (10) months and fifteen (15) days per Government Code Section 65858, for a total of a one-year moratorium.

On July 9, 2024, the City Council received and filed a report by City staff outlining the research conducted to date. Government Code Sections 36937 and 65858 allow the City to extend the 45-day ordinance for a period of ten (10) months and fifteen (15) days after notice and public hearing. Following a first extension, the statute allows the City to 1 CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF JULY 29, 2024 PUBLIC HEARING – URGENCY ORDINANCE NO. 1184 – 10 MONTH, 15 DAY

EXTENSION PLACING A MORATORIUM ON REST HOMES AND TRADE SCHOOLS

IN INDUSTRIAL AND COMMERCIAL ZONES

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extend the interim urgency ordinance a second time, for an additional one-year period for a total of two (2) years.

Discussion:

The City has recently received inquiries for the subject uses that may have unintended consequences and prohibit other diverse range of business activities from establishing.

The Community and Economic Development staff have been actively pursuing quality development that is desired by the community, provide a better quality of life and would better serve the residents and have a positive economic impact.

Legitimate and well-established trade schools and related vocational schools provide a service to the community for those not traditionally college bound. Trade schools or vocational training owned by private entities often include medical assistants, hair stylists, nursing, truck driving, electricians, and plumbing curriculums. The National Center for Education Statistics (NCES), the primary statistical agency of the US Department of Education reported that many vocational schools have closed due to poor management and financial instability. These schools often rely heavily on tuition and state funding, which can be affected by declining enrollment and economic downturns. The National Center on Education and the Economy, a policy and research organization, also reported that vocational schools suffer from poor financial planning and management. This includes the improper use of funds, inability to maintain cash flow, and insufficient investment in necessary resources and infrastructure. The US Department of Education is in the process of adopting rules to address poor management concerns. These regulations include financial responsibility, administrative capacity, and better certification procedures. As such, it is important that the City develop regulations to ensure trade schools are well managed and offer students a legitimate curriculum. Trade schools are defined as “… a business consisting of a place for training and instruction in a specific field, skill, trade or occupation including business colleges, vocational schools and similar facilities, which shall include, but not be limited to, businesses consisting of a place for training and instruction in a specific field, skill, trade or occupation for which employment would be conducted in an industrial setting or would use equipment normally associated with industrial businesses including, but not limited to, welding, machining, material handling and processing, metal working and heavy equipment repair.”
Rest homes also provide a needed service in the community. However, like trade schools, recent headlines have shown poor management of rest homes and the need to ensure the aging population is safe. In 2019, the Office of Inspector General reported the need to ensure the health and safety of nursing home residents. In 2020, the CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF JULY 29, 2024 PUBLIC HEARING – URGENCY ORDINANCE NO. 1184 – 10 MONTH, 15 DAY

EXTENSION PLACING A MORATORIUM ON REST HOMES AND TRADE SCHOOLS

IN INDUSTRIAL AND COMMERCIAL ZONES

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Government Accountability Office reported that nursing homes required improved oversight to better protect residents from abuse. The Department of Health and Human Services reported that financial management, including misallocation of funds and fraud, lead to inadequate resources for resident care, poor facilities and reduced staff compensation, further exacerbating staffing issues. The Population Reference Bureau, a non-profit research organization estimates that the number of Americans ages 65 or older is projected to increase from 58 million in 2022 to 82 million by 2025 (a 47%) increase. Rest Homes are defined as “… the use of land for a convalescent home, guest home, or any other facility for the temporary housing of and caring for ambulatory, aged, infirm or invalid persons, and in which nursing, dietary and incidental convalescent and medical care is furnished to residents thereof, and where no housing is furnished for persons suffering from contagious or communicable diseases, and where no surgery, physical therapy, maternity or other similar treatments are performed that are customarily provided in a hospital.”
The moratorium does not prohibit:
• The renewal of a business license for an existing establishment (under Section 3 as defined by of the ordinance) provided that the renewal seeks to maintain the establishment in its current location, and the establishment is operating in the same manner without expansion or intensification of the use, and is housed within an existing building, which complies with all City, state, federal or otherwise applicable, codes, rules, regulations or laws; and • Issuance of permits for emergency and emergency-related repairs.

Since June 25, 2024, staff has been in the process of the following.

1. Analyzing all impacts of the existing land uses including the detrimental effects of traffic, circulation, security, and noise, etc.

2. Creating a list of all the existing uses currently prohibited under the moratorium.

3. Creating a list of interested parties, stakeholders, and residents to engage in the community input process by way of community meetings and City study sessions.

4. Reviewing regulations in surrounding cities to determine adopted codes, taxes and fees implemented and the impacts on their respective communities.

5. Study the impacts of the specified uses in commercial versus industrial zones where impacts may be minimized.

6. Reviewing the City’s General Plan to determine whether the specified land uses are consistent with the General Plan’s adopted goals and policies.

CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF JULY 29, 2024 PUBLIC HEARING – URGENCY ORDINANCE NO. 1184 – 10 MONTH, 15 DAY

EXTENSION PLACING A MORATORIUM ON REST HOMES AND TRADE SCHOOLS

IN INDUSTRIAL AND COMMERCIAL ZONES

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Environmental Analysis:

This ordinance is not subject to CEQA under the general rule set forth in Section 15061(b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment. For the reasons set forth in subparagraphs (a) and (b) above, it can be seen with certainty that there is no possibility that this ordinance will have a significant effect on the environment. The ordinance is also categorically exempt for CEQA under Section 15308 of the CEQA Guidelines as it is a regulatory action taken by the City pursuant to its police power and according with Government Code Section 65858, to assure maintenance and protection of the environment and adoption of contemplated local legislation, regulation and policies.

Conclusion:

Urgency Ordinance No. 1184, as per Government Code Section 65858, has been implemented and will remain in effect for a period of forty-five (45) days, until August 9, 2024, unless extended by the City Council. Staff recommends that the City Council extend Urgency Ordinance No. 1184 for ten (10) months fifteen (15) days per Government Code Section 65858. If approved, Urgency Ordinance No. 1184 would expire on June 24, 2025, unless extended, terminated or superseded by the adoption of new zoning regulations.

Steve Carmona
SC:AB:JG:ca
Enclosures: 1) Urgency Ordinance (Extension)
2) Urgency Ordinance No. 1184
3) Public Notice
URGENCY ORDINANCE NO. ____

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, EXTENDING URGENCY ORDINANCE NO. 1184 FOR A PERIOD OF 10 MONTHS 15 DAYS PROHIBITING

RESTHOMES AND TRADE SCHOOLS IN ALL COMMERCIAL AND

INDUSTRIAL ZONES
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to make and enforce laws within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, without well-planned neighborhoods, sections of the City can quickly deteriorate, with consequences to social, environmental and economic value; and WHEREAS, the City desires to create guidelines and/or development standards for subject specified commercial land uses to better incorporate such uses within the community; and
WHEREAS, rest homes and trade school are permitted in certain commercial and industrial zones within Chapter 18.40, Land Uses Regulations of the Pico Rivera Municipal Code that are considered low performing commercial uses that may have negative consequences to the surrounding community; and
WHEREAS, the City receives inquiries from prospective businesses interested in subject commercial and industrial uses; and
WHEREAS, there is an immediate threat to the public health, safety and welfare of the community as the subject establishments locate in the City without proper regulations in place, and, absent the adoption of this Interim Urgency Ordinance, it is likely that the establishment or operation of the subject uses without appropriate controls in place to regulate their impacts on the community will result in harmful effects to businesses, property owners and residents of the City; and
WHEREAS, the City Council finds a current and immediate threat to the public health, safety, and welfare would result if the City of Pico Rivera issues permits, business licenses, or other applicable licenses for the establishment of new rest homes and trade schools in all commercial and industrial zones prior to the city’s study of impacts; and WHEREAS, on June 25, 2024 the City Council adopted a 45- day moratorium via Urgency Ordinance No. 1184, prohibiting rest homes and trade schools in any commercial and industrial zone; and
WHEREAS, on July 9, 2024 the City Council received and filed a report per government code section 65858 (d), describing the measures taken to alleviate the condition which led to the adoption of the moratorium; and ENCLOSURE 1
1a
URGENCY ORDINANCE NO. ____

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WHEREAS, on July 19, 2024 a public notice was published in Los Cerritos Newspaper describing the City’s intent to extend the existing moratorium; and WHEREAS, Urgency Ordinance No. 1184 will be in effect for 10 months and 15 days and shall expire on June 24, 2025 unless further extended.

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

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

SECTION 2. This ordinance is exempt from California Environmental Quality Act (CEQA) Guidelines based on the following findings:
a) This ordinance is not a project within the meaning of Section 15061(b)(3) of the CEQA Guidelines because it has no potential of resulting in a physical change in the environmental, directly or indirectly.
b) This ordinance is categorically exempt for CEQA under Section 15308 of the CEQA Guidelines as it is a regulatory action taken by the City pursuant to its police power and according with Government Code Section 65858, to assure maintenance and protection of the environment and adoption of contemplated local legislation, regulation and policies.
c) This ordinance is not subject to CEQA under the general rule set forth in Section 15061(b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment. For the reasons set forth in subparagraphs (a) and (b) above, it can be seen with certainty that there is no possibility that this ordinance will have a significant effect on the environment.

SECTION 3. For the purposes of this urgency ordinance, the following words and phrases have the meanings respectively ascribed to them by this Section:
a) “Rest Home” means the use of land for a convalescent home, guest home, or any other facility for the temporary housing of and caring for ambulatory, aged, infirm or invalid persons, and in which nursing, dietary and incidental convalescent and medical care is furnished to residents thereof, and where no housing is furnished for persons suffering from contagious or communicable diseases, and where no surgery, physical therapy, maternity or other similar treatments are performed that are customarily provided in a hospital. b) “Trade Schools“ means a business consisting of a place for training and instruction in a specific field, skill, trade or occupation including business URGENCY ORDINANCE NO. ____

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colleges, vocational schools and similar facilities, which shall include, but not be limited to, businesses consisting of a place for training and instruction in a specific field, skill, trade or occupation for which employment would be conducted in an industrial setting or would use equipment normally associated with industrial businesses including, but not limited to, welding, machining, material handling and processing, metal working and heavy equipment repair.

SECTION 4. This Ordinance is an Interim Zoning Ordinance enacted pursuant to Sections 36934 and 65858 of the Government Code of the State of California, and in accordance therewith, shall be in effect for a period of 10 months 15 days commencing immediately upon the expiration of the 45-day moratorium under Urgency Ordinance No. 1184, which is expiring on August 9, 2024 unless extended in accordance with Section 65858 of the Government Code. The City Council hereby finds, based on oral and written reports, determines and declares that the immediate preservation of the public peace, health, safety and welfare necessitates the enactment of this moratorium as an urgency ordinance. The City Council further finds there is a current and immediate threat to public health, safety and welfare necessitating the adoption of this Ordinance as an Interim Zoning Ordinance under Section 65858. Said findings are as follows:
a) There are no regulations within the City of Pico Rivera that address the location of or regulations for rest homes and trade schools.
b) It is necessary to study the adoption of amendments to the City’s Municipal Code and Zoning Ordinance to analyze and address the impacts of new rest homes and trade schools in all commercial and industrial zones and further determine whether such uses are consistent with the City’s General Plan.
c) The City of Pico Rivera is receiving inquiries for rest homes and trade schools in commercial and industrial zones which, if approved, would frustrate the purpose of study.
d) The City of Pico Rivera requires time to study the impacts of subject establishments allowed by-right which, if approved without adequate development standards or zoning regulations, would result in deleterious effects on public health, safety and welfare.
e) The continued establishment of rest homes and trade schools in commercial and industrial zones may result in displacement and of quality development that have less impacts to the surrounding community.
f) Allowing the establishment, expansions, or modification of new or existing rest homes and trade schools in commercial and industrial zones prior to the completion of the City’s study of the impacts of such facilities poses a current and immediate URGENCY ORDINANCE NO. ____

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threat to the public health, safety and welfare.
g) The best method of protecting public safety, health and welfare is to create regulations concerning the location and operation of new uses. h) If an urgency interim zoning ordinance is not adopted immediately, additional businesses will be established which are contrary to the orderly, planned and coordinated development and future use of properties within the City of Pico Rivera because there are currently no specific zoning regulations, entitlements, business permits or other special regulations regulating the establishment, location and operation.
i) Policy 7.3-3, Commercial Uses of the General Plan encourages the City to “identify and proactively recruit new high-quality commercial uses, specialty stores and sitdown restaurants that expand the diversity of retail and service offerings, increase generation of sales tax, and enhance visitor amenities” and without proper regulations in place may deter such land uses.

SECTION 5. Pursuant to Government Code Section 65858(d), the City Council of the City of Pico Rivera hereby adopts a moratorium on the establishment, expansion, or modification of Rest Homes and Trade Schools located in all commercial and industrial zones within the City.

This moratorium shall not prohibit the following:
a) The renewal of a business license for an existing establishment under Section 3) provided that the renewal seeks to maintain the establishment in its current location, and the establishment is operating in the same manner without expansion or intensification of the use, and is housed within an existing building, which complies with all City, State, federal or otherwise applicable, codes rules, regulations.
b) This moratorium shall not prohibit the issuance of building permits in connection with repairs required by law or resulting from emergency related repairs.

SECTION 6. In order to protect the public health, safety and welfare it is necessary to enact this Ordinance as an urgency measure to go into effect immediately upon its adoption, and that to enact this Ordinance after giving notice, holding public hearings and two readings thereof, and thereafter to await thirty days for said Ordinance to become effective, will be detrimental to the public health, safety and welfare, in that during the interim period further such establishments may be situated without the benefit of proper criteria and regulations. It is therefore necessary that this Ordinance go into effect immediately upon adoption.

URGENCY ORDINANCE NO. ____

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SECTION 7. The City Council hereby declares that it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that the provisions of this Ordinance are severable, and if, for any reason, any sentence, paragraph or section of this ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.

SECTION 8. No person shall violate any provision or fail to comply with any of the requirements of this ordinance, and any person violating any provision, or failing to comply with any provision of this ordinance is guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this ordinance shall be punished by a fine of not more than $1,000 or by imprisonment in the City or County Jail for a period not exceeding one (1) year, or by both such fine and imprisonment.

SECTION 9. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be published or posted as prescribed by law. This Ordinance shall take effect immediately upon its adoption and shall be effective for a period of 10 months 15 days from the end date of the 45-day moratorium (Urgency Ordinance No. 1184) and shall expire on June 24, 2025, unless extended pursuant to California Government Code Section 65858.

ADOPTED AND PASSED this 29th day of July, 2024.
________________________________
Andrew C. Lara, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ _________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney [This space intentionally left blank]
URGENCY ORDINANCE NO. ____

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STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )
I, Cynthia Ayala, City Clerk of the City of Pico Rivera, do hereby certify that the foregoing Ordinance No. ____ was adopted at a special meeting of the City Council of the City of Pico Rivera, held on Monday, July 29, 2024, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Cynthia Ayala, City Clerk
n
n
n
URGENCY ORDINANCE NO. 1184

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, ADOPTING A 45-DAY MORATORIUM

PROHIBITING REST HOMES AND TRADE SCHOOLS IN ALL

COMMERCIAL AND INDUSTRIAL ZONES
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to make and enforce laws within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, without well-planned neighborhoods, sections of the City can quickly deteriorate, with consequences to social, environmental and economic value; and WHEREAS, the City desires to create guidelines and/or development standards for subject specified commercial land uses to better incorporate such uses within the community; and
WHEREAS, the City requires time to properly assess the number of and repercussions associated with having an over�proliferation of specified commercial and industrial uses; and
WHEREAS, there are certain commercial and industrial land uses in the Commercial-General (C-G) zone within Chapter 18.40, Land Uses Regulations of the Pico Rivera Municipal Code that are considered low performing commercial uses that may have negative consequences to the surrounding community; and WHEREAS, the City continues to receive inquiries and permit applications from prospective businesses interested in subject commercial and industrial uses; and WHEREAS, there is an immediate threat to the public health, safety and welfare of the community as the subject establishments locate in the City without proper regulations in place, and, absent the adoption of this Interim Urgency Ordinance, it is likely that the establishment or operation of the subject uses without appropriate controls in place to regulate their impacts on the community will result in harmful effects to businesses, property owners and residents of the City; and
WHEREAS, the City Council finds a current and immediate threat to the public health, safety, and welfare would result if the City of Pico Rivera issues permits, business licenses, or other applicable licenses for the establishment of new rest homes and trade schools i�_?)II commercial and industrial zones prior to the city's study of impacts; and NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Pico Rivera as follows:

SECTION 1. The above recitals are true and correct and incorporated herein by ENCLOSURE 2
1b
ORDINANCE NO. 1184

Page 2 of 5 ends

this reference as part of the findings.

SECTION 2. This ordinance is exempt from California Environmental Quality Act CEQA) Guidelines based on the following findings:
a) This ordinance is not a project within the meaning of Section 15061( b)( 3) of the CEQA Guidelines because it has no potential of resulting in a physical change in the environmental, directly or indirectly.
b) This ordinance is categorically exempt for CEQA under Section 15308 of the CEQA Guidelines as it is a
regulatory action taken by the City pursuant to its
police power and according with Government Code Section 65858, to assure maintenance and protection of the environment and adoption of contemplated local legislation, regulation and policies.
c) This ordinance is not subject to CEQA under the general rule set forth in Section 15061( b)( 3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment. For the reasons set forth in subparagraphs ( a) and ( b) above, it can be seen with certainty that there is no possibility that this ordinance will have a significant effect on the environment.

SECTION 3. For the purposes of this urgency ordinance, the following words and phrases have the meanings respectively ascribed to them by this Section:
a) "Rest Home" means the use of land for a convalescent home, guest home, or any other facility for the temporary housing of and caring for ambulatory, aged, infirm or invalid persons, and in which nursing, dietary and incidental convalescent and medical care is furnished to residents thereof, and where no housing is furnished for persons suffering from contagious or communicable diseases, and where no surgery, physical therapy, maternity or other similar treatments are performed that are customarily provided in a hospital. b) "Trade Schools" means a business consisting of a place for training and instruction in a specific field, skill, trade or occupation including business colleges, vocational schools and similar facilities, which shall include, but not be limited to, businesses consisting of a place for training and instruction in a specific field, skill, trade or occupation for which employment would be conducted in an industrial setting or would use equipment normally associated with industrial businesses including, but not limited to, welding, machining, material handling and processing, metal working and heavy equipment repair.

SECTION 4. This Ordinance is an Interim Zoning Ordinance enacted pursuant to Sections 36934 and 65858 of the Government Code of the State of California, and in ORDINANCE NO. 1184

Page 3 of 5 ends

accordance therewith, shall be of no further force and effect forty-ive (45) days after the adoption of this Ordinance unless extended in accordance with Section 65858 of the Govemment Code. The City Council hereby finds, based on oral and written reports, determines and declares that the immediate preservation of the public peace, health, safety and welfare necessitates the enactment of this moratorium as an urgency ordinance. The City Council further finds there is a current and immediate threat to public health, safety and welfare necessitating the adoption of this Ordinance as an Interim Zoning Ordinance under Section 65858. Said findings are as follows:
a) There are no regulations within the City of Pico Rivera that address the location of or regulations for rest homes and trade schools.
b) It is necessary to study the adoption of amendments to the City' s Municipal Code and Zoning Ordinance to analyze and address the impacts of new rest homes and trade schools in all commercial and industrial zones and further determine whether such uses are consistent with the City' s
General Plan.
c) The City of Pico Rivera is receiving inquiries for rest homes and trade schools in commercial and industrial zones which, if approved, would frustrate the purpose of study.
d) The City of Pico Rivera requires time to study the impacts of subject establishments allowed by -right which, if approved without adequate development standards or zoning regulations, would result in deleterious effects on public health, safety and welfare.
e) The continued establishment of rest homes and trade schools in commercial and industrial zones may result in displacement and of quality development that have less impacts to the surrounding community.
f) Allowing the establishment, expansions, or modification of new or existing rest homes and trade schools in commercial and industrial zones prior to the completion of the City' sstudy of the impacts of such facilities poses a current and immediate threat to the public health, safety and welfare.
g) The best method of protecting public safety, health and welfare is to create regulations conceming the location and operation of new uses. h) If an urgency interim zoning ordinance is not adopted immediately, additional businesses will be established which are contrary to the orderly, planned and coordinated development and future use of properties within the City of Pico Rivera because there are currently no specific zoning regulations, entitlements, business permits or other special regulations regulating the establishment, location and operation.

ORDINANCE NO. 1184

Page 4 of 5 ends

i) Policy 7. 3-, Commercial Uses of the General Plan encourages the City to " identify and proactively recruit new high -quality commercial uses, specialty stores and sitdown restaurants that expand the diversity of retail and service offerings, increase generation of sales tax, and enhance visitor amenities" and without proper regulations in place may deter such land uses.

SECTION 5. Pursuant to Government Code Section 65858( d), the City Council of the City of Pico Rivera hereby adopts a moratorium on the establishment, expansion, or modification of Rest Homes and Trade Schools located in all commercial and industrial zones within the City.

SECTION 7. The City Council hereby declares that it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that the provisions of this Ordinance are severable, and if, for any reason, any sentence, paragraph or section of this ordinanceshall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.

SECTION 8. No person shall violate any provision or fail to comply with any of the requirements of this ordinance, and any person violating any provision, or failing to comply with any provision of this ordinance is guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this ordinance shall be punished by a fine of not more than $ 1, 000 or by imprisonment in the City or County Jail for a period not exceeding one ( 1) year, or by both such fine and imprisonment.

ORDINANCE NO. 1184

Page 5 of 5 ends

SECTION 9. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be published or posted as prescribed by law. This Ordinance shall take effect immediately upon its adoption. This Ordinance shall be effective for a period of 45 days unless extended pursuant to California Government Code Section 65858.

ADOPTED AND PASSED this 25th day of June, 2024.

Andrew C. Lara, Mayor
ATTEST:

Cynthia Ayala L MC, City Clerk ' A1= nold M. lvarez- Glasman, City Attorney r
STATE` OECALIFORNIA )

COUNTY OF LOS ANGELES )
I, Cynthia Ayala, City Clerk of the City of Pico Rivera, do hereby certify that the foregoing Ordinance No. 1184 was adopted at a regular meeting of the City Council of the City of Pico Rivera, held on Tuesday, June 25, 2024, with the following vote:

AYES: Garcia, Lutz, Sanchez, Lara
NOES: None
ABSENT: Camacho
ABSTAIN: None
i
t.

Cynthia Ayala,- Cm_ , City Clerk
1 To: Mayor and City Council
From:

Meeting Date:

Subject:

AGENDA REPORT
City Manager.

June 25, 2024

INTERIM URGENCY ORDINANCE ' - MORATORIUM

PROHIBITING THE ESTABLISHMENT OF TRADE
SCHOOLS AND REST HOMES IN ALL: COMMERCIAL AND

INDUSTRIAL ZONES
Recommendation::

1. Adopt by. four -fifths ( 4/ 5ths) vote an interim urgency ordinance moratorium;. and

2. Determine : that theamendments are exempt. from the California Environmental Quality Act.

Fiscal. impact:

The City of :Pico Rivera .( City) does not anticipate the moratorium to' have any direct fiscal impact:

Background:

City staff isconducting an analysis to determine whether : there currently exists " an adverse effect of trade schools and rest.: homes in all commercial and industrial zones.

Without proper study, the City may be forfeiting land uses that are desired by the community or may have a preferable economic effect in the. City. The uses under evaluation are considered by staff. as suspect, non -accredited and often run poorly :by facility owners and may :not be in the .best interest of the community: In light of these factors, the .City continues to receive inquiries and permit applications from prospective businesses interested in the specified commercial uses. Therefore, without appropriate land. use and - planning regulations, this moratorium is necessary for the immediate_ preservation of public peace, health., and safety.
12 CITY COUNCIL. AGENDAREPORT— MEETING, OFJUNE 25, 2024 INTERIM - URGENCY ORDINANCE — MORATORIUM PROHIBITING ' THE.

ESTABLISHMENT OF TRADE :SCHOOLS 'AMY REST HOMES. IN. ALL. COMMERCIAL.

AND INDUSTRIAL ZONES

Page 2 of 3 ends

Discussion:

The City has :recently received inquiries for rest homes and trade schools that may not be - desirable • by the community, - may have unintended consequences, be overproliferated and prohibit other diverse range of business activities, from establishing.

Community and Economic Development staff have been actively pursuingquality development , that is desired by Pico. Rivera residents, would better serve the community, and have . a positive economic impact. Staff has found that certain land uses, along: with:: their respective property owners, tend to. choose specific .locations but they do not take pride intheir ownership and allow their commercial uses to deteriorate.

A :lack of reinvestment in and: a deterioration of properties include substandard lighting, -:
broken pavement, deteriorated .parking lotsand those alike. Some of these uses are found in :key' locations and intersections and thereby encourage other undesirable land uses that further spiral blighted conditions: :

As such, staff is recommending that the City Council: adopt the moratorium to further identify similar commercial uses: and ' to allot- the Community- and Economic - Development staff time to. "..: proactively recruitnew high -quality commercial uses, specialty stores and sit- down restaurants that expand the diversity of retail and service offerings and increase, generation of sales: tax and. enhance: visitor amenities" as, identified by Poliey 7.3-of the Pico Rivera General Plan.

The moratorium would not prohibit:

The ' renewal of a business Iicen: se. for an existing commercial, land use as specified above that seek to .maintain : theestablishment in its current. location; in a• manner, and housed withina: building; which complies with all city,- state, federal or otherwise applicable,. codes, rules, regulations or laws; and - Issuance of permits for emergency; and emergency -related' repairs..

Government Code . Sections 36937 and 65858 allow the City to extend the ,45 -day ordinance for a period of 10 months. and 15: days after notice and hearing. Following a first extension, the statutes allow . the City to extend the interim urgency .ordinance, a second time, for an additional one- year period.

Environmental Analysis:

The -proposed ordinance' is not subject to the provisions of the California Environmental Quality Act (" CEQA") pursuant to CEQA Guidelines Section 15060( c)( 2), 15060( c)( 3) and 15061 .( b)( 3). An activity is not subject to CEQA if: The activity. will .not: result in a direct or reasonably - foreseeable. indirect physical' change :in. the environment.. The activity is not a , project as defined in Section 15308. The activity is covered by the commonsense exemption that CEQA applies only to projects which have the. potential CITY COUNCIL: AGENDA REPORT— MEETING OF JUNE 25, 2024
INTERIM URGENCY ORDINANCE _ MORATORIUM : PROHIBITING ' THE ESTABLISHMENT OF TRADE SCHOOLS AND REST HOMES. IN ALL. COMMERCIAL.

AND INDUSTRIAL ZONES
Pageaof3
for causing a significant effect on the ,environment. Here it can be seen with, certainty that there is no possibility that theproposed: ordinance .may have a significant effecton the environment, therefore the proposed ordinance it not subject to CEQA.

Conclusion:

Staff recommends that the City Council' adopt a 45 -day moratoriurn in alt. cormercial and industrial zones 'to provide staff with the opportunity to conduct additional research. and present the City Council with a: comprehensiveordinance to address each .land use: • This moratorium. Would be in effect for 45 days unless ,extended.

Steve Carmona:

SC: AB; JG.: jj.

Enclosure: 1) Urgency Ordinance

PROOF OF PUBLICATION
(2015.5 C.C.P.)
Los Cerritos Community Newspaper Group
13017 Artesia Blvd., Suite C-102
Cerritos CA 90703
(562) 407-3873

STATE OF CALIFORNIA,

COUNTY OF LOS ANGELES
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter.

I am the principal clerk of the printer of the Los Cerritos Community News, a newspaper of general circulation, printed and published one time each week in the County of Los Angeles, and which newspaper has
been adjudged a newspaper of general circulation by
the Superior Court of the County of Los Angeles, State
of California, under the date of September 9, 1996, in
Case Number V5005861 that the notice, of which the
annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
11/24 and 12/1/17
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Proof of Publication of
), on or after Firestone Blvd., Norwalk, CA 90650 will sell by competitive bidding by Climer’s Auctions ( Bond # 5181494 of the Commercial Code, Section 535 of the Penal Code. 1812.607, that Norwalk Self Storage at 11564 E. Notice is given that pursuant to sections 21700-21713 of the Business and Professions Code, Section 2328 NOTICE OF SALE OF ABANDONED PROPERTY DECEMBER 12th, 2017 @ 10:00 a.m., property belonging to those listed below. Auction is to be held at the above address. Property to be sold as follows: boxes, totes, fishing poles, bikes, bat, compresNAME cutters belonging to the following. hose, loose wood, picture frames, tent, pillows, loose bedding, gas can, shelving, book cases, basket, and bolt mirror, key boards, globe, couch, duffle bags, ice chest, flat screen TV, tool box, bike parts, suitcase, VCR, loose clothing, dresser, art frame, hangers, night stand, trash bags, chairs, rug cleaner, exercise equipment, sors, cart, trike, 5 gallon buckets, tables, printer, ironing boards, light fixture, speakers, dollie, wood trunk, UNIT #ISMAEL FLORES B605MELITHIA R BUTLER MELISSA ELLIE LARA/EARTHLY JUICES B716 B499
GREGORY RODRIGUEZ B143/B141
LORRI CORNEJO B117GLORIA BAKER A253DELIAH H LOPEZ B764/B770Dates: NOVEMBER 24, 2017 and DECEMBER 1, 2017.Sales subject to prior cancellation in the event of settlement between Owner and obligated party. Publication sions Code of the State of California.This notice is given in accordance with the provisions of Section 21700 et seq. of the Business and ProfesPublished at Los Cerritos Community Newspaper 11/24 and 12/1/17 Clerk, LCCN
THIS 19th DAY OF JULY 2024

PROOF OF PUBLICATION
(2015.5 C.C.P.)
Los Cerritos Community Newspaper Group
13017 Artesia Blvd., Suite C-102
Cerritos CA 90703
(562) 407-3873

STATE OF CALIFORNIA,

COUNTY OF LOS ANGELES
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter.

DATED AT CERRITOS, CALIFORNIA,
THIS 1st DAY OF DECEMBER, 2017
Signature
Brian Hews
Los Cerritos Community News
13047 Artesia Blvd. Suite C-102, Cerritos, CA 90703
562-407-3873
LCCN FORM 82180 PROOF
County Clerk’s Filing Stamp
Proof of Publication of
), on or after Firestone Blvd., Norwalk, CA 90650 will sell by competitive bidding by Climer’s Auctions ( Bond # 5181494 of the Commercial Code, Section 535 of the Penal Code. 1812.607, that Norwalk Self Storage at 11564 E. Notice is given that pursuant to sections 21700-21713 of the Business and Professions Code, Section 2328 NOTICE OF SALE OF ABANDONED PROPERTY DECEMBER 12th, 2017 @ 10:00 a.m., property belonging to those listed below. Auction is to be held at the above address. Property to be sold as follows: boxes, totes, fishing poles, bikes, bat, compresNAME cutters belonging to the following. hose, loose wood, picture frames, tent, pillows, loose bedding, gas can, shelving, book cases, basket, and bolt mirror, key boards, globe, couch, duffle bags, ice chest, flat screen TV, tool box, bike parts, suitcase, VCR, loose clothing, dresser, art frame, hangers, night stand, trash bags, chairs, rug cleaner, exercise equipment, sors, cart, trike, 5 gallon buckets, tables, printer, ironing boards, light fixture, speakers, dollie, wood trunk, UNIT #ISMAEL FLORES B605MELITHIA R BUTLER MELISSA ELLIE LARA/EARTHLY JUICES B716 B499
GREGORY RODRIGUEZ B143/B141LORRI CORNEJO B117GLORIA BAKER A253DELIAH H LOPEZ B764/B770Dates: NOVEMBER 24, 2017 and DECEMBER 1, 2017.Sales subject to prior cancellation in the event of settlement between Owner and obligated party. Publication sions Code of the State of California.This notice is given in accordance with the provisions of Section 21700 et seq. of the Business and ProfesPublished at Los Cerritos Community Newspaper 11/24 and 12/1/17 County of Los Angeles
7/19/24
I am the principal clerk of the printer of the
Los Cerritos Community News, a newspaper of
general circulation, printed and published one
time each week in the County of Los Angeles,
City of Cerritos and which newspaper has been
adjudged a newspaper of general circulation
by the Superior Court of the County of Los
Angeles, State of California, under the date of
September 9, 1996, in Case Number V5005861
that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has
been published in each regular and entire issue
of said newspaper and not in any supplement
thereof on the following dates, to wit:

California law.

YOU MAY EXAMINE the file kept by the court. If you are a person interested in the estate, you may file with the court a Request for Special Notice (form DE-154) of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Probate Code section 1250. A Request for Special Notice form is available from the court clerk.

Attorney for Petitioner
EUGENE A. GLEASON III - SBN 096415

GLEASON LAW OFFICES
15651 E. IMPERIAL HWY., SUITE 202A
LA MIRADA CA 90638
Telephone (562) 943-5566
7/5, 7/12, 7/19/24
CNS-3828619#

LA MIRADA LAMPLIGHTER
kept by the court. If you are a person interested in the estate, you may file with the court a Request for Special ing of an inventory and appraisal of estate assets or of any petition or account as provided in Probate Code section tice form is available from the court clerk.
300285

VICES, PC
#212
R
DMINISTER ESTATE OF:

ELL
tors, contingent creditors, and persons who may otherwise be interested in the WILL or estate, or both of FRED has been filed by CLINTON RAY MITCHELL in the Superior Court of California, County of LOS ANGELES.

TE requests that CLINTON RAY MITCHELL be appointed as personal representative to administer the estate of rity to administer the estate under the Independent Administration of Estates Act with limited authority. (This l representative to take many actions without obtaining court approval. Before taking certain very important epresentative will be required to give notice to interested persons unless they have waived notice or consented to endent administration authority will be granted unless an interested person files an objection to the petition and t should not grant the authority.
ll be held in this court as follows: 08/08/24 at 8:30AM in Dept. 79 located at 111 N. HILL ST., LOS ANGELES, g of the petition, you should appear at the hearing and state your objections or file written objections with the ppearance may be in person or by your attorney.
a contingent creditor of the decedent, you must file your claim with the court and mail a copy to the personal court within the later of either (1) four months from the date of first issuance of letters to a general personal tion 58(b) of the California Probate Code, or (2) 60 days from the date of mailing or personal delivery to you of a e California Probate Code.
gal authority may affect your rights as a creditor. You may want to consult with an attorney knowledgeable in kept by the court. If you are a person interested in the estate, you may file with the court a Request for Special ing of an inventory and appraisal of estate assets or of any petition or account as provided in Probate Code section tice form is available from the court clerk.

SBN 152628
E, SUITE 392
Y NEWS

CITY OF PICO RIVERA
NOTICE OF SPECIAL CITY COUNCIL PUBLIC HEARING FOR A 10 MONTH 15 DAY EXTENSION OF URGENCY ORDINANCE NO. 1184 PROHIBITING THE

ESTABLISHMENT, RELOCATION AND EXPANSION OF TRADE SCHOOLS AND

RESTHOMES IN ALL COMMERCIAL AND INDUSTRIAL ZONES
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City of Pico Rivera City Council to review and obtain public comment on extending Urgency Ordinance No. 1184 for a period not to exceed 10 months 15 days per Government Code 65858. On June 25, 2024, Urgency Ordinance No. 1184 was adopted by the City Council to prohibit the establishment, relocation and expansion of trade schools and resthomes in all industrial and commercial zones. The Urgency Ordinance will allot City staff time to conduct research on the impacts of these uses within the community.

WHEN: Monday, July 29, 2024
TIME: 4:00 P.M.

WHERE: City Hall Council Chambers
6615 Passons Boulevard
Pico Rivera, CA 90660
MAIL: PO Box 1016 TELEPHONE: (562) 801-4332
In accordance with the provisions of the California Environmental Quality Act (CEQA), to the extent that the actions constitute a project, there is no possibility that the project will have a significant effect on the environmental and as a result, no further CEQA review is necessary. This determination is in accordance with Section 15061 (b) (3) of the CEQA Guidelines that states, a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

PERSONS INTERESTED IN THIS MATTER
(1) Turn your TV to Channel 3;
(2) City’s website at https://bit.ly/picorivera-ctv3live (3) Email public comments to [email protected] prior to 3:00 p.m. on the day of the meeting;
(4) Attend the Public Hearing in person.

Copies of all relevant material including project specifications are available to the public for review in the Community & Economic Development Department at City Hall, 6615 Passons Boulevard, Pico Rivera, California. Please contact Julia Gonzalez, Deputy Director at 562-801-4447 for additional questions.

If you challenge the consideration or adoption of the proposed applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or written correspondence delivered to the City of Pico Rivera City Clerk at, or prior to, the public hearing.

Posting Date: July 19, 2024
******************************************************************************** In compliance with the Americans with Disabilities Act of 1990, the City of Pico Rivera is committed to providing reasonable accommodations for a person with a disability. Please contact Anna M. Jerome at (562) 801-4389 if special program accommodations are necessary and/or if program information is needed in an alternative format. Special requests must be made in a reasonable amount of time in order that accommodations can be arranged.

Published at LCCN 7/19/24

BULK SALE
Code)
editors of the within named Seller(s) that a bulk sale is about to be made on personal property hereinafter described esses of the seller are: LITTLEFLOWER INC., 11316 1/2 SOUTH STREET, CERRITOS, CA 90703 f the chief executive office of the Seller is: 11316 1/2 SOUTH STREET, CERRITOS, CA 90703 ress of the Buyer(s) are: PAPACHA LLC, 1230 MAHOGANY COURT, WALNUT, CA 91789 scription of the assets to be sold are: FURNITURE, FIXTURE, EQUIPMENT, GOODWILL of that certain busi TH STREET, CERRITOS, CA 90703
the seller(s) at said location is: GUNGHO
ulk sale is AUGUST 6, 2024 at the office of: CALIFORNIA ESCROW GROUP, INC., 1110 ROOSEVELT, 0, Escrow No. 022848-TB, Escrow Officer: TRACIE-UYEN THU BUI me as “7” above
s is: AUGUST 5, 2024.
o Section 6106.2 of the Uniform Commercial Code.
other business names and addresses used by the Seller within three years before the date such list was sent or NE.

LC
COMMUNITY NEWS 7/19/24

NOTICE OF LIEN SALE
that the undersigned intends to sell the personal property described below to enforce a lien imposed on said 1700–21716 of the CA Business and Professions Code, Section 2328 of CA Commercial Code, Sections 1812.600 Civil Code and Section 535 of the CA Penal Code.
public auction conducted on www.storagetreasures.com ending on Monday, August 5th, 2024 at 10:00am. The neral household goods, electronics, tools, personal effects, and or miscellaneous items are stored at: Cerritos Self e., Cerritos, County of Los Angeles, State of California by the following:

Unit #
I45
I47
A17
A08
F51
E32
I10
SH ONLY and paid at the above referenced facility in order to complete the transaction. Sale is subject to ement between owner and obligated party.
uly 2024.
pany
Published at LCCN 7/19 and 7/26/24

CITY OF LA MIRADA

NOTICE OF INVITING BIDS

PURCHASE OF CITY VEHICLES
e City of La Mirada hereby invites sealed bids for the purchase of one (1) new sis truck with dual rear wheels and Rugby dump bed or approved equivalent, of the City, best meets or exceeds the specifications and offers the best value to elivered to the City Clerk on or before Thursday, August 1, 2024 at 2:00 p.m. d on the blank forms, prepared and furnished for that purpose and included in ENCLOSURE 3
1c
To: Mayor and City Council
From: City Manager
Meeting Date: July 29, 2024
Subject: AMENDMENT NO. 1 TO AGREEMENT NO. 24-2278 WITH
ROMTEC, INC. FOR PURCHASE OF A PREENGINEERED MULTIPURPOSE AQUATICS BUILDING

FOR THE SMITH PARK AQUATIC CENTER PROJECT
(CIP NO. 50043)
Recommendation:

1. Approve Amendment No. 1 to Professional Services Agreement No. 24-2278 with Romtec, Inc., by increasing the existing contract in the amount of $54,555, with a new total not-to-exceed $593,777 for the procurement and installation of a pre-engineered Multipurpose Aquatics Building for the Smith Park Aquatic Center Project (CIP No. 50043);

2. Authorize the City Manager, or his designee, to process change orders, as needed, in an amount not-to-exceed a $30,000 contingency (approximately 5% of the total contract amount) for unforeseen field conditions during installation; and

3. Authorize the City Manager to execute Amendment No. 1 in a form approved by the City Attorney.

Fiscal Impact:

Sufficient funding is available in the fiscal year (FY) 2024-25 Adopted Budget, under the Miscellaneous Local Grant Fund Account No. 697.70.7300-54500.CIP 50043, to cover the additional cost of $54,555 and a potential contingency amount not exceeding $30,000.

Discussion:

On February 13, 2024, City Council awarded a Professional Services Agreement to Romtec, Inc. through Sourcewell Contract No. 081721-RMT for the purchase of one (1) Romtec Multipurpose Aquatics Building, in the amount of $539,222, for the Smith Park 2 CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF JULY 29, 2024 AMENDMENT NO. 1 TO AGREEMENT NO. 24-2278 WITH ROMTEC, INC. FOR

PURCHASE OF A PRE-ENGINEERED MULTIPURPOSE AQUATICS BUILDING FOR THE SMITH PARK AQUATIC CENTER PROJECT (CIP NO. 50043)

Page 2 of 2 ends

Aquatic Center Project (CIP No. 50043). Regrettably, the amount that was previously awarded did not account for the sales tax that needs to be charged for the procurement.

As a result, additional funding is needed in the estimated amount of $53,724. In addition, the design team has made further improvements to ensure that the design aligns seamlessly with the renovations of the Aquatic Center. Therefore, this amendment encompasses a change order for additional design work that was completed, totaling $831 and bringing the overall amount to $54,555. Through discussion with the project team, it was determined that this adjustment is essential to prevent further delays with the procurement of the Romtec building.

Conclusion:

Staff recommends that the City Council approve Amendment No. 1 to Agreement No. 24-2278 with Romtec, Inc. to increase the agreement amount by $54,555 for a new total not-to-exceed contract amount of $593,777 for the procurement of the pre-engineered multipurpose Aquatics Building. Staff also recommends authorizing the City Manager or his designee to process change orders to the agreement, as needed, in the amount notto-exceed a $30,000 contingency (approximately 5% of the total contract amount) for unforeseen field conditions during installation.

Steve Carmona
SC:NN:PY:kk:df:nc
Enclosure: 1) Amendment No. 1/ Exhibit A
AMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT NO. 24-2278

BETWEEN THE CITY OF PICO RIVERA AND
ROMTEC INC.

THIS AMENDMENT NO. 1 TO AGREEMENT NO. 24-2278 FOR
PROFESSIONAL (“Amendment No. 1"), effective as of the date specified in paragraph 4 hereof, is made and entered into by and between the CITY OF PICO RIVERA (“CITY”), and ROMTEC, INC., (“CONTRACTOR”).

RECITALS
A. CITY and CONTRACTOR (collectively referred to as the “PARTIES”) have previously executed that certain Professional Services Agreement No. 24-2278 (the “Agreement”) to design, engineer, and deliver a prefabricated multipurpose restroom/shower/ maintenance control building for the Smith Park Aquatic Center Project CIP No. 50043.

B. The PARTIES, mutually satisfied with each other’s performance, desire to revise the Scope of Services and related Compensation of the Agreement as set forth herein in Amendment No. 1 for Fiscal Year (FY) 2024-25.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. Scope of Services. The Scope of Services (Section 3.1) of the Agreement is hereby amended as follows:
“3.1 “Scope of Services” shall include such professional services as set forth in the CONTRACTOR’s July 15, 2024, proposal for FY 2024-25 to the City attached to Amendment No. 1 as Exhibit A and incorporated herein by this reference (“Change Order”).”

2. Compensation. CONTRACTOR’s Compensation for the Revised Scope of Contractor’s Services (Section 6) of the Agreement is hereby amended to read as follows:
"6.1 CONTRACTOR shall perform the services identified in the Revised Scope of Services attached as Exhibit “A” to Amendment No. 1. CITY shall have the right to request, in writing, changes in the Revised Scope of Services. Any such changes mutually agreed upon by the PARTIES, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to the Agreement. In no event shall the total compensation and costs payable to CONTRACTOR under the Agreement (and any
2a
Enclosure 1
Amendment No. 1 to Agreement No. 24-2278
ROMTEC, INC.

Page 2 of 2 ends

applicable amendment thereto), a not to exceed sum of Five Hundred Ninety-Three Thousand, Seven Hundred and SeventySeven Dollars ($593,777), unless specifically approved in advance, in writing, by City.

3. Effect. Other than as expressly modified in this Amendment No. 1 with respect to the Scope of Work and related Compensation, all remaining terms, conditions, and provisions of the Agreement, and the entirety thereof, shall remain in full force and effect. If there is conflict between this Amendment and the Agreement, the terms of this Amendment No. 1 shall prevail.

4. Effective Date. Unless otherwise specified herein, this Amendment No. 1 shall become effective as of the date set forth below on which the last of the parties, whether CITY or CONTRACTOR, executes this Amendment No. 1.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by their respective officers hereunto duly authorized. “CITY” “CONSULTANT”
CITY OF PICO RIVERA Romtec, Inc.
______________________________ _________________________________ Steve Carmona, City Manager Dayna Lewins, CFO
Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ _________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney

Page 1 of 2 ends

18240 North Bank Rd. Date
Roseburg, OR 97470 7/15/2024
P: 541‐496‐3541
F: 541‐496‐0803
E: [email protected]
Customer:

CHANGE ORDER #1
Extended Price
$ 1,281.50
$ 986.50
$ 1,714.28
$ 2,565.63
$ 198.00
$ 797.00
$ 409.20
$ (2,966.00)
$ (4,233.00)
$ 753.11
$77.19
$ 539,221.86
$53,723.98
$ 540,052.16
$ 593,776.14
Change Order #1 Sales tax ‐ Estimate at 10.25%
PO Sales Tax ‐ Estimate at 10.25%
Add Exhaust Fans to Electrical Room
Smith Park Aquatic Center Renovation
City of Pico Rivera

CHANGE ORDER
Pamela Yugar
6767 Passons Blvd.

Pico Rivera, CA 90660
Supply Change Order Description
Upgrade to 3‐Phase Breaker Panel
PREVIOUS ROMTEC INC. SUPPLY SUBTOTAL
NEW ROMTEC INC. SUPPLY SUBTOTAL
Replace Trespa Product with Daltile
Remove Door Hardware and Door Prep

SCOPE OF SUPPLY CHANGE ORDER SUBTOTAL
Upgrade to Fry Reglet Corner Finish
Add Gutters & Downspouts
Raised Partition Wall at Showers
Drop Ceilings in Restrooms and Alcove
Schluter ‐ Dilex AHKA in Satin Nickel Anodized Aluminum *Romtec Inc. reserves the right to update its purchase order price if, for any reason, the time frame from the Purchase Order date to subsequent date of Romtec's receipt of Scope of Supply and Design Submittal Approval with Notice to Proceed on Production exceeds 30 days.
*Romtec charges 2.75% of total contract value for the bonding rate (if required). Unless specifically stated in the above quote, this amount is not included in the total amount shown, and may be applicable at the time of invoice. *The pricing defined in this proposal is contingent upon the customer signing this form and agreeing to the Romtec terms and conditions defined in this proposal. Any modifications to the terms and conditions defined herein may result in a price increase.

REVISED ROMTEC INC. PURCHASE ORDER TOTAL
*Shipping prices are estimates only and are subject to change without notice. *Sales or use Tax is not included in the above price. Sales or use taxes may be required for your project depending on Nexus requirements.
*This change order, and any previously authorized changes orders constitute the only modifications and/or supplements to the purchase order.
*This proposal is effective for 30 days from above date; thereafter all prices are subject to change without notice *All freight estimates listed above are F.O.B. Roseburg, OR. Freight prepaid and added. Delivery will be in accordance with a mutually agreed upon timeline as stated in the Romtec Inc. Notice to Proceed on Production document.

Exhibit A

Page 2 of 2 ends

Customer/Owner Authorized Signature Date Romtec Inc. Authorized Signature Date Customer/Owner Printed Name Romtec Inc. Printed Name
Customer/Owner Company
*The above prices, Terms & Conditions are satisfactory and are hereby accepted. Romtec Inc. is authorized to begin work on the Scope of Supply and Design Submittal document, which the customer will review prior to approval and Notice to Proceed on Production. Additionally, the customer will complete and return the Customer & Project Information request as expeditously as possible so that payment terms, and bonding requirements (if applicable) can be established. The customer understands that by accepting this proposal they are issuing a Purchase Order for the project detailed above, but that production will not begin and delivery or installation dates cannot be established until the customer has granted design approval and notice to proceed on production.

To: Mayor and City Council
From: City Manager
Meeting Date: July 29, 2024
Subject: PROFESSIONAL SERVICES AGREEMENT WITH ATLAS

PLANNING SOLUTIONS TO UPDATE THE CITY OF PICO
RIVERA’S LOCAL HAZARD MITIGATION PLAN,

EMERGENCY OPERATION PLAN, AND

CORRESPONDING SECTIONS OF THE SAFETY

ELEMENT IN THE GENERAL PLAN
Recommendation:

2. Authorize the City Manager to execute the agreement in a form approved by the City Attorney.

Fiscal Impact:

Funding is available in the fiscal year (FY) 2024-25 Adopted Budget, within the General Fund (Account No. 100.30.3046-54400). The total project cost is a not-to-exceed amount of $155,530. No additional appropriations are needed at this time.

Background:

The Federal Emergency Management Administration (FEMA) requires state, county, and local agencies to review, revise, and update their Hazard Mitigation Plan every five (5) years to ensure strategies are current and to remain eligible for FEMA mitigation project grant funding. In addition, the California Emergency Services Act authorizes local agencies to create a disaster council, in accordance with California Government Code 8610. Pico Rivera Municipal Code Section 2.52.030 outlines the establishment of a Disaster Council. The City’s Disaster Council is responsible for the development of an Emergency Operation Plan (EOP), which provides for the effective mobilization of 3 CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF JULY 29, 2024

PROFESSIONAL SERVICES AGREEMENT WITH ATLAS PLANNING SOLUTIONS TO UPDATE THE CITY’S LOCAL HAZARD MITIGATION PLAN, EMERGENCY

OPERATION PLAN, AND GENERAL PLAN SAFETY ELEMENT

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resources, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency. The last update to the City’s Local Hazard Mitigation Plan (LHMP) and EOP occurred in 2011 and 2019 respectively.

Discussion:

The services of a professional consulting firm, with subject matter expertise in the field of emergency preparedness, are necessary to guide staff through state and federal regulation for the preparation of a comprehensive Local Hazard Mitigation Plan. The LHMP will establish policies and actions that can be implemented to reduce risk and mitigate losses to life and property from natural hazards and man-made disturbances.

Mitigation policies and actions will be identified based on an assessment of the City’s hazards, vulnerabilities, and risks.

Pursuant to Chapter 2.52 of the Pico Rivera Municipal Code (PRMC), the disaster council is responsible for the development of the City’s Emergency Operation Plan. The EOP provides for the effective mobilization of resources to meet any condition constituting a local emergency, state of emergency, or state of war emergency. The LHMP and EOP are policy manuals that cross reference one another to coordinate hazard mitigation and provide direction on how the City will respond to an emergency or disaster. Atlas Planning Solutions will provide the necessary subject matter expertise to update the City’s Emergency Operation Plan in compliance with the California Standardized Emergency Management System and the National Incident Management System. The Emergency Operation Plan and Local Hazard Mitigation Plan will be updated concurrently.

On April 3, 2024, staff submitted a Request for Proposals (RFP) to Planet Bids and received seven (7) responses. Each proposal was evaluated by a panel of the Community and Economic Development Department staff. The panel used qualifications-based selection criteria outlined in the RFP to score each consultant during the evaluation phase. The proposals were rated according to the following selection criteria:

1. Overall responsiveness of the submittal, clearly stating an understanding of the City’s needs and the work program.

2. Proposer’s capabilities and experience directly related to the responsibilities, knowledge, and expertise of the firm in providing relevant professional services.

3. Relevant experience and qualifications of the Consultant.

4. Educational background and experience of the Consultant’s key individuals.

5. Demonstrated track record of consultant and subconsultant team members working together on relevant projects/services.

CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF JULY 29, 2024

PROFESSIONAL SERVICES AGREEMENT WITH ATLAS PLANNING SOLUTIONS TO UPDATE THE CITY’S LOCAL HAZARD MITIGATION PLAN, EMERGENCY

OPERATION PLAN, AND GENERAL PLAN SAFETY ELEMENT

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After closely reviewing each proposal, four were selected to be interviewed by staff.

The interview ranking of each consultant is shown in Table 1 below.

Table 1. Ranking, Consultant, & Score.

Ranking Consultant Score (100 points max)
1 Atlas Planning Solutions 96.3
2 Tetra Tech 90.6
3 Risk Management Professionals 85.0
4 AP Triton 72.6
Based on the scoring criteria mentioned above, Atlas Planning Solutions proved to be the most qualified. An itemized cost breakdown can be reviewed on page 29 of the agreement. The timeline to complete an update of the City’s LHMP, EOP, and General Plan update will take approximately 12 months.

Conclusion:

In accordance with the procurement policies established by the City, staff recommends approving a Professional Services Agreement with Atlas Planning Solutions to update the City of Pico Rivera’s Local Hazard Mitigation Plan, Emergency Operation Plan, and corresponding sections of the Safety Element in the General Plan Steve Carmona
SC:AB:JG:HH:ca
Enclosure: 1) Professional Services Agreement
AGREEMENT NO. _______

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND

ATLAS PLANNING SOLUTIONS

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

2. RECITALS

2.1 City has determined that it requires professional services from a consultant to update the City’s Emergency Operation Plan (EOP) with eight (8) annexes, Local Hazard Mitigation Plan (LHMP), and General Plan Safety Element.

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

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

3. DEFINITIONS

3.1 “Scope of Services”: Such professional services as are set forth in the Consultant’s May 6, 2024, proposal to City attached hereto as Exhibit “A” and incorporated herein by this reference.

3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in the Consultant’s May 6, 2024, proposal to City attached hereto as Exhibit “B.”

3.3 “Commencement Date”: August 1, 2024

3.4 “Expiration Date”: January 1, 2025

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

ENCLOSURE 1
3a
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5. CONSULTANT’S SERVICES

5.1 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of ONE HUNDRED FIFTY-FIVE THOUSAND FIVE HUNDRED AND THIRTY DOLLARS ($155,530.00) unless specifically approved in advance, in writing, by City.

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

6. COMPENSATION

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

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

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

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

8. COMPLIANCE WITH LAWS
Consultant shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all Professional Services Agreement

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times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out-of-state corporation or LLC, it must be qualified and registered to do business in the State of California pursuant to sections 2105 and 17708.02 of the California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

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

10. PERSONNEL
Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City’s premises. Aaron Pfannenstiel, Project Manager, shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement.

No change shall be made in Consultant’s project administrator without City’s prior written consent.

11. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products”) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant. If any state, federal, or local law requires mandatory copyright protection for Consultant’s work product, City shall comply with such laws to the extent feasible. Consultant shall not be liable for City’s use of the written (copyrighted) products on any project other than that for which they were prepared.

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12. INDEPENDENT CONTRACTOR

12.1 Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of City.

12.2 The Parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship, joint-employer relationship, or any other relationship between Consultant or Consultant’s employees except as set forth in this Agreement.

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

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

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

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

15. INDEMNIFICATION

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

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

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

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

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

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

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

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

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

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16. INSURANCE

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

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

16.1.1.1 Premises, operations, and mobile equipment

16.1.1.2 Products and completed operations

16.1.1.3 Broad form property damage (including completed operations)

16.1.1.4 Explosion, collapse, and underground hazards

16.1.1.5 Personal Injury

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

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

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

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

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

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

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

16.5 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and, for the general liability and automobile liability policies, naming the City as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with City’s Risk Manager such certificate(s). Risk Manager may ask for complete showing the actual endorsements since certificates of insurance are not legally binding and Consultant must provide within a reasonable time.

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

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

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

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

16.10 Any deductibles or self-insured retentions must be declared to and Professional Services Agreement

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

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

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

17. MUTUAL COOPERATION

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

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

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

19. PERMITS AND APPROVALS
All permits and regulatory approvals necessary shall be obtained by the applicant.

This includes, but shall not be limited to, encroachment permits and building and safety permits and inspections.

20. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile, email, or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage Professional Services Agreement

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prepaid, to the addresses listed below (or to such other addresses as the Parties may, from time to time, designate in writing).

If to City: If to Consultant:

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

Pico Rivera, California 90660-1016
Facsimile: (562) 801-4765
Aaron Pfannenstiel
Principal, CFO
Atlas Planning Solutions
6578 Barranca Drive
Riverside, California 92506
Phone: (951) 444-9379
With a courtesy copy to:

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

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

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

22. TERMINATION

22.1. City shall have the right to terminate this Agreement for any reason on five (5) calendar days’ written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty (60) calendar days’ written notice to City. The effective date of termination shall be upon the date specified in the notice of termination. Consultant agrees that in the event of such termination, City’s obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered, as reasonably determined by the City, prior to the effective date of termination.

Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement and payment therefor.

22.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed, as Professional Services Agreement

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reasonably determined by the City, at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.

23. ASSIGNMENT
Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any Party other than Consultant.

24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

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

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

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

25. WARRANTIES

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

25.2 In executing this Agreement, each Party has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, Professional Services Agreement

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nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever.

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

26. CAPTIONS

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

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

27. NON-WAIVER

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

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

Professional Services Agreement

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

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

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

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

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

32. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Professional Services Agreement

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Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the Parties.

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

TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth in Section 3.3 of this Agreement.
“CITY” “CONSULTANT”

CITY OF PICO RIVERA ATLAS PLANNING SOLUTIONS
CONSULTANTS INC.
______________________________ ___________________________________ Steve Carmona, City Manager Aaron Pfannenstiel, Principal, CFO Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney Professional Services Agreement

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EXHIBITS A & B
Scope of Services and Fee Schedule
[On the following page]
Professional Services Agreement

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SCOPE OF SERVICES Task Name
Aaron PfannenstSuzanne MurrayDennis LarsonCrystal StueveRobert JacksonLee Rosenber FEE

SCHEDULE
$ 250 $ 160 $ 180 $ 150 $ 140 $ 175 Total Fees
Task 1: Hazard Mitigation Planning
Organization and Process
56 4 2 10 60 0 $24,900
Project Kick-Off Meeting and Research
(HMPC identification, Stakeholder
Identification) (also EOP Kickoff)
4 2 2 4 $2,220
HMPC Meetings (2) 8 4 8 $3,720
Community Engagement Strategy/Content 4 4 4 8 $3,360
Stakeholder Meetings (2) 16 16 $6,240
Community Workshops (3) 24 24 $9,360
Task 2: Threat and Hazard Identification and
Risk Assessment
6 6 24 12 24 8 $13,340
Hazard Identification, Hazard Profiles, and
Mapping
2 4 8 8 8 $4,900
Vulnerability Assessment and Asset
Inventory
2 16 4 8 $5,100
Capabilities Assessment 2 2 8 8 $3,340
Task 3: Hazard Mitigation Strategy 8 8 2 18 34 0 $11,100 Develop Hazard Mitigation Goals 2 2 2 2 $1,440
Develop, Evaluate and Prioritize Mitigation
Actions
2 2 8 16 $4,260
Mitigation Actions Implementation Plan 2 2 8 8 $3,140
Update of Monitoring and Implementation
Workbook
2 4 8 $2,260
Task 4: Hazard Mitigation Plan
Implementation and Maintenance Process
2 8 2 4 16 8 $6,380
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TOTAL: 155,530.00
Administrative Draft LHMP 2 8 2 4 16 8 $6,380
Task 5: Hazard Mitigation Plan Approvals
and Adoption
12 6 2 8 28 4 $10,140
Public Review Draft LHMP and Revisions 4 2 2 4 12 2 $4,310 Preparation of Cal OES/FEMA Draft LHMP 2 2 2 8 2 $2,590 Final Draft LHMP 2 2 2 4 $1,680
Adoption Hearing 4 4 $1,560
Phase 6: Emergency Operation Plan Update 44 28 0 230 0 74 $62,930 Project Initiation Meeting 2 2 2 $1,150
Data Collection and Review 4 8 2 $2,190
Table of Contents and Expanded Outline 2 4 2 $1,450
EOP Update Planning Team Facilitation 12 16 12 $7,500
EOP Basic Plan Development 8 8 72 24 $18,280
EOP Appendices Development 4 4 24 8 $6,640
EOP Annex Development 12 8 80 16 $19,080
Final EOP Development 4 4 24 8 $6,640
Other Direct Costs
Translation Services $3,000
Reimbursable Expenses (Printing, Travel,
etc…)
$1,500
Grand Total 128 60 32 282 162 94 $133,290
Optional Task - Safety Element Update 16 8 32 80 $22,240 Professional Services Agreement

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EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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

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

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

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

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

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

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

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

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

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

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

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

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Professional Services Agreement

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

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

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

To: Mayor and City Council
From: City Manager
Meeting Date: July 29, 2024
Subject: GRANT AGREEMENT AWARDED BY THE SAFE

STREETS AND ROADS FOR ALL GRANT PROGRAM
Recommendation:

1. Approve a Grant Agreement with the U.S. Department of Transportation as part of the 2023 Safe Streets and Roads for All Grant Program in the amount of $300,000 in federal funds; and

2. Authorize the Director of Public Works to execute the agreement in a form approved by the City Attorney.

Fiscal Impact:

In fiscal year (FY) 2023-24 the City of Pico Rivera was awarded $300,000 in federal funds as part of the SS4A Program for the completion of a Comprehensive Roadway Safety Action Plan.

As part of the Five-Year Capital Improvement Program, the City budgeted, under NonCIP30060 - Citywide Comprehensive Roadway Safety Action Plan, $300,000 in SS4A federal grant (Fund 698), Account No. 698.70.7300.54500-NonCIP30060.

Additionally, $100,000 in Measure M funds (Fund 208) has been budgeted in Account No. 208.70.7300.54500-NonCIP30060, including $75,000 required for the grant local matching funds and $25,000 for staff overseeing the grant coordination and action plan process, for a total Project budget of $400,000. No additional appropriations are needed at this time. There is no fiscal impact to the General Fund.

Background:

The U.S. Department and Transportation (USDOT) Safe Streets and Roads for All (SS4A) program provides grants to local, regional and Tribal communities for implementation, planning and demonstration activities as part of a systematic approach to prevent deaths and serious injuries on the nation’s roadways. This roadway safety 4 CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF JULY 29, 2024

GRANT AGREEMENT AWARDED BY THE SAFE STREETS AND ROADS FOR ALL

GRANT PROGRAM

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program was created by the Bipartisan Infrastructure Law and provides $5 billion over 5 years.

The SS4A program funds two (2) types of grants: 1) Planning and Demonstration Grants for the completion of a Comprehensive Safety Action Plan and 2) Implementation Grants to construct and implement projects identified in an existing Action Plan.

Discussion:

On December 13, 2023, USDOT announced the award of 385 new SS4A grants as part of the second funding round. The City of Pico Rivera was awarded $300,000 to complete a Comprehensive Roadway Safety Action Plan citywide. The comprehensive action plan will meet all the specific goals established by USDOT through the SS4A program phases and requirements. The City of Pico Rivera Citywide Comprehensive Safety Action Plan will identify and list countermeasures and projects that will allow the City to apply for a future construction Implementation Grant. SS4A is exclusively designed to help local communities with projects and activities that will significantly improve safety for all people using the road including drivers, passengers, pedestrians, bicyclists, people using transit and people with disabilities.

The USDOT has now completed the training with the recipients and is in the process of executing the grant agreements.

Conclusion:

Staff recommends approval of the grant agreement with the U.S. Department of Transportation (USDOT) as part of the 2023 Safe Streets and Roads for All Grant Program in the amount of $300,000 in federal funds and authorize the Public Works Director to execute the agreement in a form approved by the City Attorney.

Steve Carmona
SC:NN:MPC:np
Enclosure: 1) Grant Agreement
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1. Federal Award No.
693JJ32440647

2. Effective Date
See No. 16 Below

3. Assistance
Listings No.

20.939

4. Award To
City of Pico Rivera
6615 Passons Boulevard
Pico Rivera, CA 90660
Unique Entity Id.: SXXNSFNDTU64
TIN No.: 95-6006039

5. Sponsoring Office
U.S. Department of Transportation
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue, SE
HSSA-1, Mail Drop E71-117
Washington, DC 20590

6. Period of Performance
Effective Date of Award – 36
months from effective date of award

7. Total Amount
Federal Share:

Recipient Share:

Other Federal Funds:

Other Funds:

Total:
$300,000
$ 75,000
$0
$0
$375,000

8. Type of Agreement
Grant

9. Authority
Section 24112 of the Infrastructure Investment
and Jobs Act (Pub. L. 117–58, November 15,
2021; also referred to as the “Bipartisan
Infrastructure Law” or “BIL”)

10. Procurement Request No.

HSA240341PR

11. Federal Funds Obligated
$300,000

12. Submit Payment Requests To
See Article 5.

14. Description of the Project
USDOT Safe Streets and Roads for All (SS4A)
Planning and Demonstration Grants for the
Citywide Comprehensive Safety Action Plan in
the City of Pico Rivera, CA

13. Accounting and Appropriations Data
15X0173E50.0000.055SR10500.5592000000.
1010.61006600

RECIPIENT

15. Signature of Person Authorized to Sign
___________________________________
Signature Date
Name: Noe Negrete, P.E.

Title: Director of Public Works

FEDERAL HIGHWAY ADMINISTRATION

16. Signature of Agreement Officer
______________________________________
Signature Date
Name: Bob Brown
Title: Agreement Officer
Enclosure 1
4a
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U.S. DEPARTMENT OF TRANSPORTATION

GRANT AGREEMENT UNDER THE
FISCAL YEAR 2023 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the United States Department of Transportation’s (the “USDOT”) Federal Highway Administration (the “FHWA”) and the City of Pico Rivera (the “Recipient”).

This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the City of Pico Rivera Citywide Comprehensive Safety Action Plan.

The parties therefore agree to the following:

ARTICLE 1

GENERAL TERMS AND CONDITIONS

1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2023 Safe Streets and Roads for All (“SS4A”) Grant Program,”, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements under “Fiscal Year 2023.” Articles 7–30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement.
(b) The Recipient acknowledges that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (BIL, div. G §§ 70901-27).
(c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system.
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ARTICLE 2

APPLICATION, PROJECT, AND AWARD

2.1 Application.

Application Title: City of Pico Rivera Citywide Comprehensive Safety Action Plan Application Date: 07/10/2023

2.2 Award Amount.

SS4A Grant Amount: $300,000

2.3 Federal Obligation Information.

Federal Obligation Type: Single

2.4 Budget Period.

Budget Period: 36 months from effective date of award

2.5 Grant Designation.

Designation: Planning
ARTICLE 3

SUMMARY PROJECT INFORMATION

3.1 Summary of Project’s Statement of Work.

The City of Pico Rivera is proposing to develop a Citywide Comprehensive Safety Action Plan that addresses the eight goals as established by the USDOT: 1) Leadership Commitment and Goal Setting, 2) Planning Structure, 3) Safety Analysis, 4) Engagement and Collaboration, 5) Equity Consideration, 6) Policy and Process Changes, 7) Strategy and Project Selections, and 8) Progress and Transparency. The City will integrate the recently completed Local Roadway Safety Plan (LRSP) to incorporate the data and analysis to develop the proposed Citywide Comprehensive Safety Action Plan.

The project will be completed in one phase: Planning Phase.

3.2 Project’s Estimated Schedule.

Action Plan Schedule
Milestone Schedule Date
Planned NEPA Completion Date: 9/30/2026
Planned Draft Plan Completion Date: 12/31/2026
Planned Final Plan Completion Date: 3/31/2027
Planned Final Plan Adoption Date: 04/30/2027
Planned SS4A Final Report Date: 6/30/2027
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3.3 Project’s Estimated Costs.
(a) Eligible Project Costs
Eligible Project Costs
SS4A Grant Amount: $300,000
Other Federal Funds: -
State Funds: -
Local Funds: $75,000
In-Kind Match: -
Other Funds: -
Total Eligible Project Cost: $375,000
(c) Indirect Costs
Indirect costs are allowable under this Agreement in accordance with 2 CFR part 200 and the Recipient’s approved Budget Application. In the event the Recipient’s indirect cost rate changes, the Recipient will notify FHWA of the planned adjustment and provide supporting documentation for such adjustment. This Indirect Cost provision does not operate to waive the limitations on Federal funding provided in this document. The Recipient’s indirect costs are allowable only insofar as they do not cause the Recipient to exceed the total obligated funding.

ARTICLE 4

RECIPIENT INFORMATION

4.1 Recipient Contact(s).

Maria Carrillo
Principal Analyst
Grant Coordinator
City of Pico Rivera
6615 Passons Boulevard
Pico Rivera, CA 90660
(562) 801-4343
[email protected]
and
Kenner Guerrero
Associate Engineer
Project Manager
City of Pico Rivera
6615 Passons Boulevard
Pico Rivera, CA 90660
(562) 801-4351
[email protected]
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4.2 Recipient Key Personnel.

Name Title or Position
Maria Carrillo Grant Coordinator
Kenner Guerrero Project Manager
Noe Negrete, P.E. Director of Public Works

4.3 USDOT Project Contact(s).

Safe Streets and Roads for All Program Manager
Federal Highway Administration
Office of Safety
HSSA-1, Mail Stop: E71-117
1200 New Jersey Avenue, S.E.

Washington, DC 20590
202-366-2822
[email protected]
and
Agreement Officer (AO)
Federal Highway Administration
Office of Acquisition and Grants Management
HCFA-33, Mail Stop E62-310
1200 New Jersey Avenue, S.E.

Washington, DC 20590
202-493-2402
[email protected]
and
Division Administrator – Elissa Konove
Agreement Officer’s Representative (AOR)
FHWA California Division Office
650 Capitol Mall, Ste. 4-100
Sacramento, CA 95814
916-498-5015
[email protected]
and
Mike Shami,
California Division Office Lead Point of Contact
650 Capitol Mall, Ste. 4-100
Sacramento, CA 95814
Safety & Operations Engineer
916-498-5853
[email protected]
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ARTICLE 5

USDOT ADMINISTRATIVE INFORMATION

5.1 Office for Subaward and Contract Authorization.

USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management

SUBAWARDS AND CONTRACTS APPROVAL
Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract).

Note: Recipients with a procurement system deemed approved and accepted by the Government or by the Agreement Officer (the “AO”) are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327. Note: This clause is only applicable to grants that do not include construction.

In accordance with 2 CFR 200.308(c)(6), unless described in the application and funded in the approved award, the Recipient must obtain prior written approval from the AO for the subaward, transfer, or contracting out of any work under this award above the Simplified Acquisition Threshold. This provision does not apply to the acquisition of supplies, material, equipment, or general support services. Approval will be issued through written notification from the AO or a formal amendment to the Agreement.

The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause.

5.2 Reimbursement Requests
(a) The Recipient may request reimbursement of costs incurred within the budget period of this agreement if those costs do not exceed the amount of funds obligated and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly.
(b) The Recipient shall use the DELPHI iSupplier System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF-270 (Request for Advance or Reimbursement) or SF-271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred.
(c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the Agreement Officer’s Representative (the “AOR”) may withhold processing that request until the Recipient provides sufficient detail.
(d) The USDOT shall not reimburse costs unless the AOR reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. (e) In the rare instance the Recipient is unable to receive electronic funds transfers (EFT), payment by EFT would impose a hardship on the Recipient because of their inability to manage an account at a financial institution, and/or the Recipient is unable to use the DELPHI iSupplier System to submit their requests for disbursement, the FHWA may waive the requirement that the Recipient use the DELPHI iSupplier System.

The Recipient shall contact the Division Office Lead Point of Contact for instructions on and requirements related to pursuing a waiver.
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(f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients.

ARTICLE 6

SPECIAL GRANT TERMS

6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section 2.4 in this agreement.

6.2. The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements.

6.3 SS4A Funds will be allocated to the Recipient and made available to the Recipient in accordance with FHWA procedures.

6.4 The Recipient of a Planning and Demonstration Grant acknowledges that the [Action Plan] will be made publicly available and agrees that it will publish the final [Action Plan] on a publicly available website.

6.5 There are no other special grant requirements.

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ATTACHMENT A

PERFORMANCE MEASUREMENT INFORMATION
Table 1: Performance Measure Table
Measure Category and Description
Measurement
Frequency and
Reporting
Deadline
Equity
Percent of Funds to Underserved
Communities: Funding amount (of total
project amount) benefitting underserved
communities, as defined by USDOT
Within 120 days
after the end of the
period of
performance
Costs Project Costs: Quantification of the cost
of each eligible project carried out using
the grant
Within 120 days
after the end of the
period of
performance
Lessons Learned and
Recommendations
Lessons Learned and Recommendations:

Description of lessons learned and any
recommendations relating to future
projects or strategies to prevent death and
serious injury on roads and streets.

Within 120 days
after the end of the
period of
performance
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ATTACHMENT B

CHANGES FROM APPLICATION
Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of Attachment B is to clearly and accurately document any differences in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences.

See Article 11 for the Statement of Work, Schedule, and Budget Changes. If there are no changes, please insert “N/A” in Section 3.3 of the table.

Scope:

Schedule:

Budget:

The table below provides a summary comparison of the project budget.

Fund Source
Application Section 3.3
$ % $ %
Previously Incurred Costs
(Non-Eligible Project Costs)
Federal Funds
Non-Federal Funds
Total Previously Incurred Costs
Future Eligible Project Costs
SS4AFunds
Other Federal Funds
Non-Federal Funds
Total Future Eligible Project
Costs
Total Project Costs
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ATTACHMENT C

RACIAL EQUITY AND BARRIERS TO OPPORTUNITY

1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity.

The Recipient states that rows marked with “X” in the following table align with the application:

A racial equity impact analysis has been completed for the Project.

The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project.

The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation.

The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation.

The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities.

The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity, as described in the supporting narrative below.

X The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but intends to take relevant actions described in the supporting narrative below.

The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award.

2. Supporting Narrative.

The Citywide Comprehensive Safety Action Plan will include equity analysis using an inclusive and representative process focusing on underserved and disadvantaged communities. The City will collaborate with appropriate partners, focused on equity impact assessments of the proposed planning analysis, strategies, and safety recommendations.
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ATTACHMENT D

CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS

1. Consideration of Climate Change and Environmental Justice Impacts.

The Recipient states that rows marked with “X” in the following table align with the application:

The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions.

The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions.

The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions.

The Recipient or a project partner used environmental justice tools, such as the EJScreen, to minimize adverse impacts of the Project on environmental justice communities.

The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand.

The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions.

The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both.

The Project supports the installation of electric vehicle charging stations.

The Project promotes energy efficiency.

The Project serves the renewable energy supply chain.

The Project improves disaster preparedness and resiliency.

The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity.

The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm.

The Project supports or incorporates the construction of energy- and locationefficient buildings The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both.

The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project, as described in the supporting narrative below.

X The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but will take relevant actions described in the supporting narrative below.

The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award.
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2. Supporting Narrative.

According to the USDOT Equitable Transportation Community (ETC) Explorer, more than 94 percent of the City is burdened by unsafe environmental conditions, with more than 75 percent of the population experiencing climate and disaster risk burdens.

The City's ultimate goal is to develop policies and infrastructure to achieve a vision to eliminate nearly all vehicular traffic-related deaths within the City of Pico Rivera. 13 of 14

ATTACHMENT E

LABOR AND WORKFORCE

1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table align with the application:

The Recipient demonstrate, to the full extent possible consistent with the law, an effort to create good-paying jobs with the free and fair choice to join a union and incorporation of high labor standards.

The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project.

The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project.

The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project.

The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs.

The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking.

The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups.
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X
The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including:
a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements and meet the requirements as outlined in the Notice of Funding Opportunity to make good faith efforts to meet the goals of 6.9 percent of construction project hours being performed by women and goals that vary based on geography for construction work hours and for work being performed by people of color;
c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements;
d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti-harassment and third-party reporting procedures covering employees and contractors; and
f. maintaining robust anti-retaliation measures covering employees and contractors.

The Recipient has taken other actions related to the Project to create goodpaying jobs with the free and fair choice to join a union and incorporate strong labor standards.

The Recipient has not yet taken actions related to the Project to create goodpaying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the project, will take relevant actions described in the supporting narrative below.

The Recipient has not taken actions related to the Project to improving goodpaying jobs and strong labor standards and will not take those actions under this award.

2. Supporting Narrative.

In accordance with Title 23 of the Code of Federal Regulations Part 172.5, the City of Pico Rivera formally adopted Caltrans Local Assistance Procedures Manual (LAPM) Chapter 10 as the written policies and procedures for the procurement, management, and administration of Architectural and Engineering (A&E) consultant contracts as prescribed in Chapter 10 of the LAPM titled, “Consultant Selection”, for all Federal consultant contracts. City of Pico Rivera’s formal adoption of the current LAPM Chapter 10 and any future updates to the chapter, effective 8/18/21.

To: Mayor and City Council
From: City Manager
Meeting Date: July 29, 2024
Subject: FOURTH QUARTER TREASURER’S REPORT AND THE

MONTHLY INVESTMENT TRANSACTION REPORT AS OF
JUNE 30, 2024 – FISCAL YEAR 2023-2024
Recommendation:

1. Receive and file the Treasurer’s Report for the quarter ending June 30, 2024, which represents balances and activities for the fourth quarter (April through June) of the 2023-24 fiscal year; and

2. Receive and file the Treasurer’s Monthly Investment Transaction Report as of June 30, 2024.

Fiscal Impact:

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

Discussion:

The Treasurer's Report (Enclosure 1) provides a synopsis of investment activity for the City of Pico Rivera’s (City) investment portfolio for the fiscal year (FY) 2023-24 fourth quarter ending June 30, 2024. The report provides information on assets, allocations, average maturities, yields, and valuations for each of the three (3) portfolios. A discussion of market conditions is included to give additional perspective to these measurements.

As of June 30, 2024, the City's investment portfolios are in full compliance with the City's Investment Policy, California Government Code Section 53601, and have sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to meet the City's expenditure requirements. The paragraphs below provide a summary of the investment results from the fourth quarter.

Total Pooled Cash and Investments during the quarter totaled $129,949,717. This total amount consisted of $5,621,256 in the City’s operating accounts with its banking partner 5 CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF JULY 29, 2024 FOURTH QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF JUNE 30, 2024 – FISCAL YEAR 2023-2024

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Commercial Bank of California (CBC), $34,072,457 with CBC Insured Cash Sweep (ICS) Account, $57,463,855 in the State Treasurer’s Local Agency Investment Fund (LAIF) and $32,792,150 managed by Chandler Asset Management (Chandler). The City also had $887,673 held by various Trustee Accounts, all related to the City’s bond issues (1999 Water Revenue Bonds, etc.).

The 2018 Certificates of Participation, Series A (COPS) managed by Wilmington Trust, reflect an ending balance of $5,155,543.

The Pico Rivera Innovative Municipal Energy (PRIME), an Enterprise Fund, has two (2) bank accounts managed by River City Bank (RCB). The first account, the RCB ICS account, receives and records investment income. It has an ending balance of $13,358,461 as of June 30, 2024. The second account, the Public Fund account, receives Electronic Data Interchange (EDI) collection payments and executes vendor payments for energy purchases. As of June 30, 2024, the Public Fund account had an ending balance of $645,311.

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

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

The Portfolio Holding Report (Table 1) reflects the types of security holdings in the City’s investment fund. The market value of the June 30, 2024, portfolio is $32,792,150, an increase of $306,975 from the market value of $32,485,175 on March 31, 2024. In the period ending June 30, 2024, the portfolio held a diverse set of investments, holding nine (9) different security types. The largest security holding consists of Treasury Securities CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF JULY 29, 2024 FOURTH QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF JUNE 30, 2024 – FISCAL YEAR 2023-2024

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of $13,424,361. These Treasury Securities are one of the highest-quality debt instruments.

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

Table 1 - Portfolio Holding Report
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CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF JULY 29, 2024 FOURTH QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF JUNE 30, 2024 – FISCAL YEAR 2023-2024

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The Investments by Type (Chart 1) reflects the makeup of the portfolio holdings by security type. The portfolio holds 41% in US Treasuries (government treasury bonds, notes, and bills), 26% in corporate medium-term notes, 7% of total investments in federal agency securities, 9% in asset-backed securities, and 9% in agency commercial mortgage-backed securities, which are backed by a pool of assets. The remaining investments are in money market funds and supranational securities.

Chart 1 - Investments by Type
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CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF JULY 29, 2024 FOURTH QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF JUNE 30, 2024 – FISCAL YEAR 2023-2024

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The Investment Rating chart (Chart 2) illustrates the portfolio’s investment grade of holdings. This rating provides the City assurance of risk associated with the quality of the holdings’ investment grade. As the chart below demonstrates, 95.6% of the total portfolio consists of investments rated “A” or higher. As of June 30, 2024, the portfolio experienced a slight increase in this rating of 0.1% from March 31, 2024.

Chart 2 - Investment Ratings
The City’s portfolio remains highly rated, liquid, and diversified, well-positioned to withstand today’s medium-term economic uncertainties. Recent economic data suggests positive but slower growth this year driven by consumer spending. Inflationary trends are moderating, but core Personal Consumption Expenditures (PCE) levels remain above the Federal Reserve’s (Fed) 2% inflation target. The Fed Funds target rate remained unchanged in the fiscal quarter, in the range of 5.25-5.50%. The June Summary of Economic Projections (SEP) revealed an unchanged real Gross Domestic Product (GDP) outlook and unemployment rates at 2.1% and 4.0%, respectively, for the calendar year.

The SEP projected PCE inflation to remain resilient at 2.8% through year-end. The median projection for the Federal Funds rate by calendar year-end increased to 5.1% implying fewer 0.25% rate cuts than projected in March. Over the fourth quarter of FY 2023-24, US Treasury yields rose across the curve as inflation remained sticky and the Federal Reserve remained hawkish. Given the cumulative effects of restrictive monetary policy and tighter financial conditions, market participants believe the economy will gradually soften, and the Fed will loosen monetary policy in calendar year 2024.

CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF JULY 29, 2024 FOURTH QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF JUNE 30, 2024 – FISCAL YEAR 2023-2024

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Local Agency Investment Funds (LAIF)
The Pico Rivera Pooled Investment Portfolio is invested in LAIF to manage liquidity. The LAIF March 31, 2024, market value represents a total of $56,735,105, and the June 30, 2024, market value of $57,463,855. The increase of $728 thousand in the balance compared to the previous quarter was primarily due to the interest allocation and an increase in market value. The LAIF Quarterly Performance report for June 30, 2024, shows that the apportionment rate is now at 4.55%, and the quarterly yield has risen from

4.12% to 4.36%. These figures represent an increase from the previous quarter's rates of 4.30% and 4.00%, respectively.

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

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

The characteristics of the LAIF portfolio reflect minimal credit risk with safety in investing in high-quality securities. LAIF funds are protected by statute and are not borrowable. [This space intentionally left blank]
CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF JULY 29, 2024 FOURTH QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF JUNE 30, 2024 – FISCAL YEAR 2023-2024

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The comparison of LAIF to the City’s portfolio managed by Chandler, as shown in Graph 1, highlights the differences in investment security types and portfolio duration. Whereas LAIF takes on a more conservative approach and focuses on securities with shorter average maturity, LAIF, and Chandler follow similar investment guidelines for safety, liquidity, and return.

Graph 1 – LAIF and CAM from
June 2018 through June 2024
Staff has continuously monitored the City’s investment portfolio and performance on an ongoing basis. As shown in Graph 1 above, the yield of the Chandler-managed portfolio has historically outperformed the yield experienced from our LAIF portfolio until September 2022. This stems from LAIF having a shorter weighted-average maturity than the Chandler-managed portfolio, so it responds more quickly to the rises and falls in market yields. The Chandler-managed portfolio yield rates are locked in for an extended period through the reinvestment and purchase of longer-duration securities. During the fourth quarter of this fiscal year, the Chandler-managed portfolio reinvested $3.8 million of investment income and maturing securities at an average purchase yield of 4.98%.

Commercial Bank of California Insured Sweep Account
As part of the staff’s commitment to the City’s stated objectives of safety, liquidity, and yield, staff continuously researches alternative investment opportunities to enhance the CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF JULY 29, 2024 FOURTH QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF JUNE 30, 2024 – FISCAL YEAR 2023-2024

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City’s investment portfolio. Given the Federal Reserve’s recent interest rate hikes, staff explored various options to diversify the City’s investment portfolio aiming for greater flexibility in managing future interest fluctuations. Following this research, the City has established an ICS account with its banking partner, CBC. This new investment account aligns with the City’s commitment to prioritizing safety by mitigating credit risk and reinforcing safety through placing operational funds in short-term securities. The new account also enhances the City’s liquidity, providing same-day liquidity to meet its shortterm obligations and capitalizing on the current interest rates, safeguarding our long-term investments.

With the City Council’s approval, staff transferred $10 million from the LAIF account to CBC to establish the ICS account in August 2023. As of June 30, 2024, the ICS account had an ending balance of $34,072,457, compared to the balance of $26,898,207 on March 31, 2024. The increase of $7.2 million in balance transfers compared to the previous quarter is primarily related to net transfers from the City’s operating bank account with CBC to ICS. Most of the transfers were attributed to $6.4 million in sales and use tax revenues, and $0.8 million in business license revenues.

Monthly Investment Transaction Report
Per the City’s Investment Policy for FY 2023-24 approved by the City Council on August 1, 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.

The monthly investment transactions summary updates the City Council on the City’s monthly transactions of the City’s investment portfolio for the month ending June 30, 2024. The statements enclosed include transactions of the City’s investments with LAIF, Chandler, and Commercial Bank of California (Enclosures 2, 3, and 4).

Conclusion:

All investments are maintained in accordance with California Government Code Section 53601 and the City’s investment policy for FY 2023-24. The City Treasurer/Director of Administrative Services certifies that the funds are invested to provide sufficient cash flow for a period of six (6) months. Staff recommends receiving and filing the Treasurer’s Report for the quarter ending June 30, 2024, which represents balances and activities for the fourth quarter (April through June) of the 2023-24 fiscal year and the Treasurer’s Monthly Investment Transaction Report as of June 30, 2024.

Steve Carmona
SC:JG:KL:LL:ep
CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF JULY 29, 2024 FOURTH QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF JUNE 30, 2024 – FISCAL YEAR 2023-2024

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Enclosures: 1) Treasurer’s Report for the Fourth Quarter Ending June 30, 2024. 2) LAIF Statement for the Month Ending June 30, 2024.
3) Chandler Asset Management Transaction Ledger for the Month Ending June 30, 2024.
4) Commercial Bank of California Insured Cash Sweep Statement for the Month Ending June 30, 2024.

CITY OF PICO RIVERA
TREASURER'S REPORT4TH QTR APR 2024 - JUN 2024TYPE OF INVESTMENT Interest Rate Issuer Reporting Date Investment Income Ending Balance Source of Market ValuationCommercial Bank of California (CBC) Demand Deposits 0.05% CBC 6/30/2024 121 5,621,256 CBC StatementsCBC Insured Cash Sweep (ICS) Account 4.25% CBC 6/30/2024 324,223 34,072,457 CBC ICS Statement Local Agency Investment Fund (LAIF) 4.55% LAIF 6/30/2024 650,760 57,463,855 LAIF Statements Chandler Investments* 3.73% Chandler Investments 6/30/2024 320,720 32,792,150 Chandler Portfolio Summary TOTAL CASH & INVESTMENTS: Exclude Water Fund 550 TOTAL CASH & INVESTMENTS: 1,295,824 129,949,717 - -
Revenue Bonds, 1999 Bond Fund Water Authority 122073-001 US Bank 6/30/2024 394 17,019 US Bank/RECON StatementsRevenue Bonds, 1999 Bond Fund Water Authority 122073-002 US Bank 6/30/2024 1,625 57,993 US Bank/RECON StatementsRevenue Bonds, 1999 Bond Fund Water Authority 122073-003 US Bank 6/30/2024 9,220 209,167 US Bank/RECON StatementsRevenue Bonds, 1999 Bond Fund Water Authority 122073-004 US Bank 6/30/2024 - - US Bank/RECON Statements Revenue Bonds, 1999 Water Rate Stabilization 122073-011 US Bank 6/30/2024 7,415 600,000 US Bank/RECON StatementsRevenue Bonds, 2021 Tax Allocation Refunding Bonds 245558-000 US Bank 6/30/2024 25 25 US Bank/RECON Statements Revenue Bonds, 2021 Tax Allocation Refunding Bonds 245558-001 US Bank 6/30/2024 26 26 US Bank/RECON StatementsRevenue Bonds, 2021 Tax Allocation Refunding Bonds 245558-002 US Bank 6/30/2024 41 3,443 US Bank/RECON Statements Revenue Bonds, 2021 Tax Allocation Refunding Bonds 245558-003 US Bank 6/30/2024 - - US Bank/RECON Statements Revenue Bonds, 2021 Tax Allocation Refunding Bonds 245558-004 US Bank 6/30/2024 - - US Bank/RECON Statements TOTAL FISCAL AGENT (TRUSTEE) INVESTMENTS TOTAL (TRUSTEE) INVESTMENTS: 18,746 887,673 - -
TOTAL CASH & TRUSTEE INVESTMENTS: 1,314,570 130,837,390 Dividends Ending Balance
2018 COPS 130877 Wilmington Trust 6/30/2024 64,859 5,155,543 Wilmington Trust Statement TOTAL 2018 COPS: 64,859 5,155,543
ENTERPRISE FUNDS Interest earned Ending Balance River City Bank (PRIME) River City Bank ICS Account 6/30/2024 145,979 13,358,461 River City Bank River City Bank (PRIME) River City Bank Operating Account 6/30/2024 - 645,312 River City Bank TOTAL RIVER CITY BANK: 145,979 14,003,773
Jane GuoDirector of Administrative Services and City Treasurer, City of Pico Rivera* Average Purchase Yield: The average yield on an investment or a portfolio is the sum of all interest, dividends, or other income that the investment generates, divided by the age of the investment or the length of time the investor has held it.

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

Enclosure 1
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Description Accrued Interest Purch. Amortized Cost Fair Value Accrued Interest United States Treasury:

Bills 39,152,874,329.72 $ 39,597,554,203.90 $ 39,587,768,752.50 $ NA Notes 62,176,581,824.56 $ 62,141,474,346.68 $ 61,651,762,504.00 $ 416,898,092.00 $ Federal Agency:

SBA 247,843,562.04 $ $ 247,843,562.04 $ 251,790,529.61 $ 1,200,799.53 MBS-REMICs $ 1,567,186.59 $ 1,567,186.59 $ 1,529,976.88 $ 6,836.72 Debentures $ 8,184,587,071.78 $ 8,182,672,988.45 $ 8,108,396,505.00 $ 75,509,041.45 Debentures FR $ - $ - $ - $ -
Debentures CL $ 2,250,000,000.00 $ 2,250,000,000.00 $ 2,235,914,150.00 $ 13,689,585.50 Discount Notes $ 29,807,385,861.03 $ 30,141,723,379.95 $ 30,121,121,250.00 NA Supranational Debentures $ 2,970,189,533.33 $ 2,970,189,533.33 $ 2,937,719,880.00 $ 28,822,792.40 Supranational Debentures FR $ - $ - $ - $ -
CDs and YCDs FR $ - $ - $ - $ -
Bank Notes $ - $ - $ -
CDs and YCDs $ 15,450,015,000.00 $ 15,450,000,000.00 $ 15,446,181,621.02 $ 248,570,152.74 Commercial Paper $ 11,683,558,041.73 $ 11,815,541,750.00 $ 11,811,742,819.45 NA Corporate:

Bonds FR $ - $ - $ - $ -
Bonds $ 693,227,689.67 $ 692,770,418.83 $ 678,296,776.00 $ 7,163,534.78 Repurchase Agreements $ - $ - $ - $ -
Reverse Repurchase $ - $ - $ - $ -
Time Deposits $ 5,060,000,000.00 $ 5,060,000,000.00 $ 5,060,000,000.00 NA PMIA & GF Loans $ 362,908,000.00 $ 362,908,000.00 $ 362,908,000.00 NA TOTAL $ 178,040,738,100.45 $ 178,914,245,369.77 $ 178,255,132,764.46 $ 791,860,835.12 Fair Value Including Accrued Interest $ 179,046,993,599.58 Repurchase Agreements, Time Deposits, PMIA & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost).

The value of each participating dollar equals the fair value divided by the amortized cost (0.996316042).

As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $19,926,320.84 or $20,000,000.00 x 0.996316042.

State of California
Pooled Money Investment Account
Market Valuation
6/30/2024
Settlement
Date
Transaction
Category Transaction Type Security Description Quantity Price Principal Interest Total Amount 6/1/2024 Other Transactions Coupon FHMS K-054 A2 2.745 01/25/2026 - --- - - 1,143.75 6/1/2024 Other Transactions Coupon FHMS K-063 A2 3.43 01/25/2027 - --- 0.00 - 928.96 6/1/2024 Other Transactions Coupon FHMS K-069 A2 3.187 09/25/2027 - --- 0.00 - 1,327.926/1/2024 Other Transactions Coupon FHMS K-073 A2 3.35 01/25/2028 - --- (0.00) - 1,312.08 6/11/2024 Acquisitions Buy BMWOT 2024-A A3 5.18 02/26/2029 145,000.00 99.98 (144,977.98) - 144,977.98 6/1/2024 Other Transactions Coupon FHMS K-081 A2 3.9 08/25/2028 - --- - - 503.75 6/1/2024 Other Transactions Coupon FHMS K-083 A2 4.05 09/25/2028 - --- - - 776.25 6/1/2024 Other Transactions Coupon FHMS K-085 A2 4.06 10/25/2028 - --- 0.00 - 930.42 6/1/2024 Other Transactions Coupon FHMS K-746 A2 2.031 09/25/2028 - --- - - 710.85 6/26/2024 Acquisitions Buy FEDERAL FARM CREDIT BANKS FUNDING CORP 4.75 05 100.54 600,000.00 (603,216.00) 3,958.33 607,174.33 6/8/2024 Other Transactions Coupon FEDERAL FARM CREDIT BANKS FUNDING CORP 4.625 - --- - - 4,625.006/10/2024 Other Transactions Management Fee Cash --- (2,583.20) (2,583.20) - (2,583.20)6/11/2024 Other Transactions Coupon TORONTO-DOMINION BANK 5.264 12/11/2026 - --- - - 4,211.20 6/15/2024 Other Transactions Coupon AMXCA 2022-2 A 05/17/2027 - --- - - 678.00 6/15/2024 Other Transactions Coupon AMXCA 2023-1 A 4.87 05/15/2028 - --- (0.00) - 527.58 6/15/2024 Other Transactions Coupon AMXCA 2023-3 A 5.23 09/15/2028 - --- (0.01) - 1,503.62 6/15/2024 Other Transactions Coupon CHAIT 2023-1 A 5.16 09/15/2028 - --- - - 1,483.50 6/15/2024 Other Transactions Coupon HAROT 2022-1 A3 1.88 05/15/2026 - --- (0.00) - 148.29 6/13/2024 Acquisitions Buy FIRST AMER:GVT OBLG Y 1,226,589.86 1.00 (1,226,589.86) - 1,226,589.866/6/2024 Dispositions Maturity UNITED STATES TREASURY 06/06/2024 (425,000.00) 100.00 425,000.00 - (425,000.00)6/15/2024 Other Transactions Coupon HART 2023-A A3 4.58 04/15/2027 - --- (0.00) - 591.58 6/15/2024 Other Transactions Coupon JDOT 2021 A3 0.36 09/15/2025 - --- 0.00 - 2.94 6/15/2024 Other Transactions Coupon JDOT 2021-B A3 0.52 03/16/2026 - --- 0.00 - 15.94 6/15/2024 Other Transactions Coupon JDOT 2022 A3 0.36 09/15/2026 - --- (0.00) - 126.08 6/15/2024 Other Transactions Coupon JDOT 2022-B A3 3.74 02/16/2027 - --- (0.00) - 333.34 6/15/2024 Dispositions Maturity UNITED STATES TREASURY 0.25 06/15/2024 (700,000.00) 100.00 700,000.00 - (700,000.00)6/15/2024 Other Transactions Coupon JDOT 2022-C A3 5.09 06/15/2027 - --- 0.00 - 933.17 6/15/2024 Other Transactions Principal Paydown HAROT 2022-1 A3 1.88 05/15/2026 - --- 7,966.54 - (7,966.54)6/15/2024 Other Transactions Coupon JDOT 2023-C A3 5.48 05/15/2028 - --- - - 1,438.50 6/15/2024 Other Transactions Principal Paydown JDOT 2021 A3 0.36 09/15/2025 - --- 2,167.83 - (2,167.83) 6/15/2024 Other Transactions Coupon JPMORGAN CHASE & CO 5.546 12/15/2025 - --- - - 4,020.856/15/2024 Other Transactions Principal Paydown JDOT 2021-B A3 0.52 03/16/2026 - --- 4,430.97 - (4,430.97)6/15/2024 Other Transactions Coupon MBART 2022-1 A2 5.26 10/15/2025 - --- 0.00 - 97.22 6/15/2024 Other Transactions Coupon MBART 2023-1 A3 4.51 11/15/2027 - --- (0.01) - 394.62 6/15/2024 Other Transactions Coupon NATIONAL RURAL UTILITIES COOPERATIVE FINANCE - --- - - 1,380.00 6/15/2024 Other Transactions Principal Paydown JDOT 2022 A3 0.36 09/15/2026 - --- 4,136.49 - (4,136.49)6/15/2024 Other Transactions Coupon TAOT 2021-D A3 0.71 04/15/2026 - --- 0.00 - 21.88 6/15/2024 Other Transactions Principal Paydown JDOT 2022-B A3 3.74 02/16/2027 - --- 5,736.24 - (5,736.24)6/15/2024 Other Transactions Coupon TAOT 2024-A A3 4.83 10/16/2028 - --- - - 684.25 6/15/2024 Other Transactions Principal Paydown MBART 2022-1 A2 5.26 10/15/2025 - --- 14,041.87 - (14,041.87)6/15/2024 Other Transactions Coupon UNITED STATES TREASURY 0.25 06/15/2024 - --- - - 875.00 6/15/2024 Other Transactions Principal Paydown TAOT 2021-D A3 0.71 04/15/2026 - --- 3,671.93 - (3,671.93)6/15/2024 Other Transactions Coupon UNITED STATES TREASURY 1.0 12/15/2024 - --- - - 2,500.006/15/2024 Other Transactions Coupon UNITED STATES TREASURY 4.125 06/15/2026 - --- - - 10,312.50 6/16/2024 Other Transactions Coupon GMCAR 2023-2 A3 4.47 02/16/2028 - --- 0.01 - 428.38 6/18/2024 Other Transactions Coupon HAROT 2022-2 A3 3.73 07/20/2026 - --- 0.00 - 268.47 City of Pico Rivera Portfolio
Chandler Investment Transactions
June, 2024
Enclosure 3
5c
Settlement
Date
Transaction
Category Transaction Type Security Description Quantity Price Principal Interest Total Amount City of Pico Rivera Portfolio
Chandler Investment Transactions
June, 2024
6/18/2024 Other Transactions Principal Paydown HAROT 2022-2 A3 3.73 07/20/2026 - --- 6,109.33 - (6,109.33)6/20/2024 Other Transactions Coupon GMALT 2023-3 A3 5.38 11/20/2026 - --- - - 336.256/20/2024 Other Transactions Coupon GMALT 2024-2 A3 5.39 07/20/2027 - --- 0.00 - 610.876/21/2024 Other Transactions Coupon HAROT 2021-1 A3 0.27 04/21/2025 - --- 0.00 - 0.056/21/2024 Other Transactions Principal Paydown HAROT 2021-1 A3 0.27 04/21/2025 - --- 211.35 - (211.35)6/21/2024 Other Transactions Coupon HAROT 2021-4 A3 0.88 01/21/2026 - --- (0.00) - 29.466/21/2024 Other Transactions Coupon HAROT 2023-1 A3 5.04 04/21/2027 - --- - - 294.006/25/2024 Other Transactions Principal Paydown BMWLT 2023-1 A3 5.16 11/25/2025 - --- 4,451.23 - (4,451.23)6/21/2024 Other Transactions Principal Paydown HAROT 2021-4 A3 0.88 01/21/2026 - --- 4,215.05 - (4,215.05)6/25/2024 Other Transactions Coupon BMWLT 2023-1 A3 5.16 11/25/2025 - --- 0.00 - 170.646/24/2024 Dispositions Sell FIRST AMER:GVT OBLG Y (1,253,367.76) 1.00 1,253,367.76 - (1,253,367.76)6/25/2024 Other Transactions Custody Fee Cash (254.54) --- (254.54) - (254.54)6/30/2024 Other Transactions Money Market Funds FIRST AMER:GVT OBLG Y - --- 12.93 - -6/30/2024 Other Transactions Coupon UNITED STATES TREASURY 3.875 12/31/2027 - --- - - 11,625.006/26/2024 Acquisitions Buy UNITED STATES TREASURY 4.625 06/15/2027 500,000.00 100.43 (502,148.44) 695.01 502,843.456/30/2024 Other Transactions Dividend FIRST AMER:GVT OBLG Y - --- - - 2,295.73 Changes of Market Values and Accrued Interests 71,117.98 Net Investment Transactions 174,957.16Beginning Balance as of 5/31/24 32,617,192.97 Ending Balance as of 6/30/24 32,792,150.13
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City of Pico Rivera | Account #10559 | As of June 30, 2024 ǆĞĐƵƟŽŶdŝŵĞ͗ϬϳͬϬϯͬϮϬϮϰϬϳ͗Ϭϴ͗ϯϳWD ŚĂŶĚůĞƌƐƐĞƚDĂŶĂŐĞŵĞŶƚͮŝŶĨŽΛĐŚĂŶĚůĞƌĂƐƐĞƚ͘ĐŽŵͮǁǁǁ͘ĐŚĂŶĚůĞƌĂƐƐĞƚ͘ĐŽŵͮϴϬϬ͘ϯϭϳ͘ϰϳϰϳPORTFOLIO SUMMARYPortfolio CharacteristicsSector AllocationPerformance Review Account SummaryMaturity Distribution
Top IssuersCredit Quality
Total Rate of Return 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS ^ŝŶĐĞ/ŶĐĞƉƟŽŶ (02/01/18) City of Pico Rivera Ϭ͘ϱϱй Ϭ͘ϵϳй ϭ͘ϱϬй ϰ͘ϵϭй ϯ͘Ϭϰй Ϭ͘ϵϱй ϭ͘ϰϵй ͲͲ ϭ͘ϴϲйĞŶĐŚŵĂƌŬZĞƚƵƌŶΎ Ϭ͘ϱϳй Ϭ͘ϵϰй ϭ͘Ϯϱй ϰ͘ϱϰй Ϯ͘ϯϭй Ϭ͘ϰϭй ϭ͘Ϭϲй ͲͲ ϭ͘ϱϬй ǀĞƌĂŐĞDŽĚŝĮĞĚƵƌĂƟŽŶ ϭ͘ϴϭǀĞƌĂŐĞŽƵƉŽŶ ϯ͘ϮϬйǀĞƌĂŐĞWƵƌĐŚĂƐĞzdD ϯ͘ϳϰйǀĞƌĂŐĞDĂƌŬĞƚzdD ϱ͘ϬϬйǀĞƌĂŐĞYƵĂůŝƚǇ AAǀĞƌĂŐĞ&ŝŶĂůDĂƚƵƌŝƚǇ Ϯ͘ϭϮǀĞƌĂŐĞ>ŝĨĞ ϭ͘ϵϳ Beg. Values as of
06/01/2024
End Values as of
06/30/2024
DĂƌŬĞƚsĂůƵĞ ϯϮ͕ϯϵϲ͕ϱϭϱ͘Ϭϵ ϯϮ͕ϱϰϭ͕Ϯϯϲ͘ϵϭĐĐƌƵĞĚ/ŶƚĞƌĞƐƚ ϮϮϬ͕ϲϳϳ͘ϴϳ ϮϱϬ͕ϵϭϯ͘ϮϮTotal Market Value 32,617,192.97 32,792,150.13/ŶĐŽŵĞ ĂƌŶĞĚ ϵϳ͕ϱϰϭ͘ϴϴ ϴϵ͕ϭϮϵ͘ϱϰŽŶƚͬt Ϭ͘ϬϬ Ϭ͘ϬϬPar ϯϯ͕Ϯϭϭ͕ϳϬϯ͘ϳϬ ϯϯ͕Ϯϱϵ͕ϰϲϴ͘ϬϵŽŽŬsĂůƵĞ ϯϮ͕ϵϮϴ͕Ϯϭϵ͘ϴϴ ϯϮ͕ϵϵϱ͕ϵϱϳ͘ϰϱŽƐƚsĂůƵĞ ϯϮ͕ϴϯϱ͕ϴϴϯ͘Ϭϱ ϯϮ͕ϵϬϬ͕ϯϰϴ͘Ϭϴ hŶŝƚĞĚ^ƚĂƚĞƐ ϰϭ͘Ϭϵй&,>D ϴ͘ϰϬй&ĂƌŵƌĞĚŝƚ^ǇƐƚĞŵ ϱ͘Ϭϰй/ŶƚĞƌͲŵĞƌŝĐĂŶĞǀĞůŽƉŵĞŶƚĂŶŬ ϯ͘Ϯϭй:ŽŚŶĞĞƌĞKǁŶĞƌdƌƵƐƚ Ϯ͘ϮϲйŵĞƌŝĐĂŶ ǆƉƌĞƐƐƌĞĚŝƚDĂƐƚĞƌdƌƵƐƚ Ϯ͘ϭϵйPACCAR Inc Ϯ͘ϬϯйtĞƐƚƉĂĐĂŶŬŝŶŐŽƌƉŽƌĂƟŽŶ Ϯ͘ϬϬй ΎWĞƌŝŽĚƐŽǀĞƌϭǇĞĂƌĂƌĞĂŶŶƵĂůŝǌĞĚ͘ĞŶĐŚŵĂƌŬ͗/
ŽĨϭͲϯzĞĂƌh^dƌĞĂƐƵƌǇΘŐĞŶĐǇ/ŶĚĞǆ^ĞĐŽŶĚĂƌǇĞŶĐŚŵĂƌŬ͗ Ύ^ĞĞ&ŽŽƚŶŽƚĞ
dŚĞĐƌĞĚŝƚƋƵĂůŝƚǇŝƐĂǁĞŝŐŚƚĞĚĂǀĞƌĂŐĞĐĂůĐƵůĂƟŽŶŽĨƚŚĞŚŝŐŚĞƐƚŽĨ^ΘW͕DŽŽĚǇ͛Ɛ͛ĂŶĚ&ŝƚĐŚ Contact Us
(714) 431-7000
Account

CITY OF PICO RIVERA
Date
06/30/2024
Page
1 of 6
IntraFi Cash ServiceSM, or ICS®, Monthly Statement
The following information is a summary of activity in your account(s) for the month of June 2024 and the list of FDIC-insured institution(s) that hold your deposits as of the date indicated. These deposits have been placed by us, as your agent and custodian, in deposit accounts through IntraFi Cash Service. Funds in your deposit accounts at the FDIC-insured institutions at which your funds have been placed will be "deposits," as defined by federal law.

Summary of Accounts
Account ID Deposit Option Interest Rate Opening Balance Ending Balance *********354 Savings 4.25% $35,151,687.70 $34,072,457.04 TOTAL $35,151,687.70 $34,072,457.04
CONTAINS CONFIDENTIAL INFORMATION IntraFi and ICS are registered service marks, and IntraFi Cash Service is a service mark, of IntraFi Network LLC.

Commercial Bank of California
19752 MacArthur Blvd.

Suite 100
Irvine, CA 92612
127039-28A

CITY OF PICO RIVERA
6615 PASSIONS BLVD
PICO RIVERA, CA 90660
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RETURN SERVICE REQUESTED
Enclosure 4
5d

DETAILED ACCOUNT OVERVIEW
Account ID: *********354
Account Title: CITY OF PICO RIVERA
Account Summary - Savings
Statement Period 6/1-6/30/2024 Average Daily Balance $34,515,784.11 Previous Period Ending Balance $35,151,687.70 Interest Rate at End of Statement Period 4.25% Total Program Deposits 1,800,009.01 Annual Percentage Yield Earned 4.34% Total Program Withdrawals (3,000,000.00) YTD Interest Paid 606,540.17 Interest Capitalized 120,760.33
Current Period Ending Balance $34,072,457.04
Account Transaction Detail
Date Activity Type Amount Balance
06/04/2024 Deposit $9.01 $35,151,696.71
06/05/2024 Deposit 800,000.00 35,951,696.71
06/07/2024 Deposit 500,000.00 36,451,696.71
06/13/2024 Withdrawal (3,000,000.00) 33,451,696.71
06/21/2024 Interest Capitalization 209.84 33,451,906.55 06/27/2024 Deposit 500,000.00 33,951,906.55
06/28/2024 Interest Capitalization 120,550.49 34,072,457.04 Summary of Balances as of June 30, 2024
FDIC-Insured Institution City/State FDIC Cert No. Balance 1st Capital Bank Salinas, CA 58485 $247,864.32
Alpine Bank Glenwood Springs, CO 23091 247,864.47
Amalgamated Bank New York, NY 622 346.12
American National Bank Omaha, NE 19300 247,864.47
Ameris Bank Atlanta, GA 20504 247,864.47
Anderson Brothers Bank Mullins, SC 9923 247,864.47
BOKF, National Association Tulsa, OK 4214 247,864.47
Banc of California Los Angeles, CA 24045 247,864.47
Bank Iowa West Des Moines, IA 14521 247,842.34
Bank of Marin Novato, CA 32779 247,864.47
Bank of Washington Washington, MO 12627 247,848.15
BankNewport Newport, RI 18129 247,864.47
BankUnited Miami Lakes, FL 58979 247,864.47
Bankwell Bank New Canaan, CT 57368 247,864.47
Benchmark Bank Plano, TX 19215 346.27
Bremer Bank, National Association South St. Paul, MN 12923 247,864.47 Brookline Bank Boston, MA 17798 247,864.46
Byline Bank Chicago, IL 20624 247.46
CASS COMMERCIAL BANK Des Peres, MO 1068 247,864.47
CNB Bank Clearfield, PA 13876 247,864.47
Date
06/30/2024 Page
2 of 6
CONTAINS CONFIDENTIAL INFORMATION IntraFi and ICS are registered service marks, and IntraFi Cash Service is a service mark, of IntraFi Network LLC.

DETAILED ACCOUNT OVERVIEW
Account ID: *********354
Account Title: CITY OF PICO RIVERA
Summary of Balances as of June 30, 2024
FDIC-Insured Institution City/State FDIC Cert No. Balance CalPrivate Bank Coronado, CA 58291 247,864.47
Cape Cod 5 Hyannis, MA 23287 247,864.47
Capital Community Bank Provo, UT 33823 247,864.32
Capitol Bank Madison, WI 34074 247,864.47
Citizens Bank of Philadelphia, MS Philadelphia, MS 12204 247,864.47 City National Bank of Florida Miami, FL 20234 247,864.43 Coastal Carolina National Bank Myrtle Beach, SC 58864 247,864.47 Coastal Community Bank Everett, WA 34403 247,864.47
Community Bank Delaware Lewes, DE 58311 346.27
Community Bank of the Bay Oakland, CA 34210 247,864.32
Community National Bank Derby, VT 6271 247,864.33
Community State Bank Ankeny, IA 18272 247,864.47
ConnectOne Bank Englewood Cliffs, NJ 57919 247,864.47
CrossFirst Bank Leawood, KS 58648 247,864.47
Crown Bank Edina, MN 35480 247,864.32
Customers Bank Malvern, PA 34444 247,864.47
D. L. Evans Bank Burley, ID 11666 247,864.47
Dime Community Bank Hauppauge, NY 6976 247,864.47
Dogwood State Bank Raleigh, NC 57095 247,864.47
EagleBank Silver Spring, MD 34742 247,864.47
East West Bank Pasadena, CA 31628 247,864.47
Eastern Bank Boston, MA 32773 346.27
Enterprise Bank & Trust Clayton, MO 27237 247,864.32
Farmers State Bank Waterloo, IA 12855 247,864.38
First American Bank Artesia, NM 2240 346.27
First Bank Hamilton, NJ 58481 247,864.47
First Bank & Trust Brookings, SD 3973 247,864.32
First Bank of the Lake Osage Beach, MO 26960 247,115.06 First Commerce Bank Lewisburg, TN 57465 247,651.34
First Federal Savings and Loan Assn Port Angeles, WA 28405 247,621.43 First Financial Northwest Bank Renton, WA 29058 247,864.47 First Foundation Bank Irvine, CA 58647 247,864.32
First Horizon Bank MEMPHIS, TN 4977 247,864.47
First National Bank Wichita Falls, TX 26543 247,864.47
First National Bank of Pennsylvania Greenville, PA 7888 247,864.47 First Resource Bank Exton, PA 57967 247,864.47
First State Community Bank Farmington, MO 17323 247,831.82 First-Citizens Bank & Trust Company Raleigh, NC 11063 247,864.47 FirstBank Nashville, TN 8663 247,864.47
Date
06/30/2024 Page
3 of 6
CONTAINS CONFIDENTIAL INFORMATION IntraFi and ICS are registered service marks, and IntraFi Cash Service is a service mark, of IntraFi Network LLC. %RzH X*lQ+q3]'I
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60785

DETAILED ACCOUNT OVERVIEW
Account ID: *********354
Account Title: CITY OF PICO RIVERA
Summary of Balances as of June 30, 2024
FDIC-Insured Institution City/State FDIC Cert No. Balance Five Points Bank Grand Island, NE 20488 346.12
Five Star Bank Roseville, CA 35361 247,864.47
Flagstar Bank, N.A. Hickville, NY 32541 247,864.32
Flushing Bank Uniondale, NY 58564 247,864.47
Franklin Bank & Trust Company Franklin, KY 17937 247,844.55 Fremont Bank Fremont, CA 19222 247,864.47
Fulton Bank, N.A. Lancaster, PA 7551 247,864.47
German American Bank Jasper, IN 17393 374.94
Glens Falls Natl Bank and Trust Co Glens Falls, NY 7074 247,864.47 Grand Savings Bank Grove, OK 32084 247,740.25
Great Plains National Bank Elk City, OK 34207 247,864.32 Great Plains State Bank Petersburg, NE 14058 247,864.47 Great Southern Bank Reeds Spring, MO 29546 247,864.47
Hancock Whitney Bank Gulfport, MS 12441 247,864.47
Hanmi Bank Los Angeles, CA 24170 247,864.47
Hanover Community Bank Mineola, NY 58675 247,864.32
HarborOne Bank Brockton, MA 59070 247,864.47
Heritage Bank of Commerce San Jose, CA 33905 346.27
HomeStreet Bank Seattle, WA 32489 247,748.85
HomeTrust Bank Asheville, NC 27677 247,864.47
INB Springfield, IL 3664 247,799.13
Israel Discount Bank of New York New York City, NY 19977 247,864.47 Leader Bank, National Association Arlington, MA 57134 247,864.47 Live Oak Banking Company Wilmington, NC 58665 247,864.47 MVB Bank, Inc Fairmont, WV 34603 113,292.10
Machias Savings Bank Machias, ME 19531 247,864.32
MainStreet Bank Fairfax, VA 57742 247,864.47
MapleMark Bank Dallas, TX 3182 247,864.47
Mascoma Bank Lebanon, NH 18013 247,864.47
Mercantile Bank Grand Rapids, MI 34598 247,864.47
Merchants Bank of Indiana Carmel, IN 8056 247,864.47
MidFirst Bank Oklahoma City, OK 4063 247,864.47
Mission Bank Bakersfield, CA 34805 247,864.32
NBT Bank, National Association Norwich, NY 7230 247,864.47 NexBank Dallas, TX 29209 247,864.47
Northpointe Bank Grand Rapids, MI 34953 247,864.47
Northstar Bank Bad Axe, MI 57097 247,864.47
OMB Bank Springfield, MO 8252 263.28
Old Dominion National Bank North Garden, VA 58504 0.11
Date
06/30/2024 Page
4 of 6
CONTAINS CONFIDENTIAL INFORMATION IntraFi and ICS are registered service marks, and IntraFi Cash Service is a service mark, of IntraFi Network LLC.

DETAILED ACCOUNT OVERVIEW
Account ID: *********354
Account Title: CITY OF PICO RIVERA
Summary of Balances as of June 30, 2024
FDIC-Insured Institution City/State FDIC Cert No. Balance Old National Bank Evansville, IN 3832 247,864.47
One Florida Bank Orlando, FL 58811 247,864.32
Opportunity Bank of Montana Helena, MT 30182 247,806.55 Origin Bank Ruston, LA 12614 247,864.47
Park National Bank Newark, OH 6653 247,864.47
Pinnacle Bank Nashville, TN 35583 247,864.47
Popular Bank New York, NY 34967 247,864.47
Raymond James Bank St. Petersburg, FL 33893 247,864.47
Republic Bank & Trust Company Louisville, KY 23627 247,864.47 RockPointBank, National Association Chattanooga, TN 59206 247,864.32 SMBC MANUBANK Los Angeles, CA 18618 247,864.47
Salem Five Cents Savings Bank Salem, MA 23296 247,864.47 Sandy Spring Bank Olney, MD 4865 247,864.47
Santa Cruz County Bank Watsonville, CA 57591 247,733.09 Sauk Valley Bank & Trust Company Sterling, IL 35131 247,864.47 Security Federal Savings Bank Logansport, IN 28894 247,864.32 Security Savings Bank Canton, SD 15734 0.10
ServisFirst Bank Birmingham, AL 57993 247,864.47
Shore United Bank, N.A. Easton, MD 4832 247,864.47
SmartBank Knoxville, TN 58463 247,864.47
South State Bank, N.A. Winter Haven, FL 33555 247,864.47 SouthPoint Bank Birmingham, AL 58088 247,864.47
Stearns Bank N.A. St. Cloud, MN 10988 247,864.47
Susser Bank Arlington, TX 34885 247,864.47
Synovus Bank Columbus, GA 873 247,864.47
T Bank, National Association Dallas, TX 57703 247,864.32 TBK Bank, SSB Dallas, TX 23498 247,864.47
Texas Bank and Trust Company Longview, TX 17842 247,864.47 Texas National Bank of Jacksonville Jacksonville, TX 26181 247,864.32 TexasBank Brownwood, TX 19559 247,864.47
The American National Bank of Texas Terrell, TX 23474 247,864.47 The Bank of Tampa Tampa, FL 21031 247,864.47
The First National Bank of McGregor Mcgregor, TX 3330 247,864.33 The Greenwood's State Bank Lake Mills, WI 11623 247,815.38 The Huntington National Bank Columbus, OH 6560 247,864.47 The Park Bank Madison, WI 19608 247,864.47
The Washington Trust Company of Westerly Westerly, RI 23623 346.27 Third Coast Bank Humble, TX 58716 247,864.47
TowneBank Portsmouth, VA 35095 247,864.47
Date
06/30/2024 Page
5 of 6
CONTAINS CONFIDENTIAL INFORMATION IntraFi and ICS are registered service marks, and IntraFi Cash Service is a service mark, of IntraFi Network LLC. %RzL X*lQ+q3]'I
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DETAILED ACCOUNT OVERVIEW
Account ID: *********354
Account Title: CITY OF PICO RIVERA
Summary of Balances as of June 30, 2024
FDIC-Insured Institution City/State FDIC Cert No. Balance Truist Bank Charlotte, NC 9846 247,864.47
U.S. Bank National Association Cincinnati, OH 6548 247,864.47 Union Bank & Trust Lincoln, NE 13421 180.06
United Bank Fairfax, VA 22858 247,864.47
United Community Bank Greenville, SC 16889 247,864.47
Univest Bank and Trust Co. Souderton, PA 7759 247,864.47 Valley National Bank Morristown, NJ 9396 247,864.40
VeraBank Henderson, TX 3250 247,864.47
Veritex Community Bank Dallas, TX 57665 247,604.72
Watermark Bank Oklahoma City, OK 59148 247,864.32
West Bank West Des Moines, IA 15614 247,864.32
WestStar Bank El Paso, TX 32941 247,864.47
Western Alliance Bank Phoenix, AZ 57512 247,864.47
Winter Park National Bank Winter Park, FL 59105 247,864.47 Zions Bancorporation, N. A. Salt Lake City, UT 2270 247,864.47 Date
06/30/2024 Page
6 of 6
CONTAINS CONFIDENTIAL INFORMATION IntraFi and ICS are registered service marks, and IntraFi Cash Service is a service mark, of IntraFi Network LLC.

To: Mayor and City Council
From: City Manager
Meeting Date: July 29, 2024
Subject: CANCELLATION OF THE AUGUST 13, 2024, AND
AUGUST 27, 2024 CITY COUNCIL REGULAR MEETINGS
Recommendation:

1. Approve the cancellation of the August 13, 2024 and August 27, 2024 City Council Regular meetings; and

2. Direct the City Clerk to post a Notice of Cancellation for both meetings by August 1, 2024.

Fiscal Impact:

There is no fiscal impact to the General Fund associated with the recommended actions.

Background:

On September 8, 2015 the City Council approved and passed Resolution No. 6827, which states that the second meetings of July, November, and December will be cancelled. This decision was made in consideration of vacations and holiday schedules.

Both the City Council (Council) and City staff (staff) have been actively participating in efforts that require more travel than in prior years. As a result, the suggested meeting cancellations will provide Council and staff members with additional time throughout the summer months to advance high-priority projects and programming during the remainder of August, ensuring that it does not conflict with the scheduled Council meetings.

Discussion:

After conferring with staff, City Management has confirmed that there are no pressing deadlines or pending items that could not be dealt with at the next regularly scheduled 6 CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF JULY 29, 2024 CANCELLATION OF THE AUGUST 13, 2024, AND AUGUST 27, 2024, CITY

COUNCIL REGULAR MEETINGS

Page 2 of 2 ends

meeting of September 10, 2024. Removing the meetings scheduled for August this year will not cause any disruptions or delays to the City’s business operations or the decision-making process. Should urgent matters arise during the break, special meetings may be called.

In efforts to provide an alternate channel for public participation, constituents have the option of providing public comment by emailing the City Clerk’s office during the break and be read into the record at the following regularly scheduled meeting. Additionally, constituents are encouraged to engage with the Council in more informal settings such as the City’s summer programming and City events.

The City’s goal is to maintain a high performing organization that values fiscal sustainability, transparency, accountability, and organizational efficiency and simultaneously mitigating a balance between legislative responsibilities and personal time which is crucial in creating an effective functioning Council and staff.

Conclusion:

It is recommended that the City Council authorize the cancellation of the August 13, 2024 and August 27, 2024 City Council Regular meetings and direct the City Clerk to post a Notice of Cancellation for both meetings by August 1, 2024 ensuring that the necessary posting and noticing requirements are met and that a timely communication about the recess has been provided to the public.

Steve Carmona
SC:CA:gsm
To: Mayor and City Council
From: City Manager
Meeting Date: July 29, 2024
Subject: MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF PICO RIVERA AND SERVICE EMPLOYEES

INTERNATIONAL UNION DIRECTORS UNIT MEMBERS
FOR A THREE-YEAR TERM, JULY 1, 2024 THROUGH
JUNE 30, 2027
Recommendation:

1. Approve a Memorandum of Understanding (MOU) between the City of Pico Rivera and the Service Employees International Union – Directors Unit (SEIU Directors) for a three-year period (July 1, 2024 – June 30, 2027).

Fiscal Impact:

Some of the negotiated items have associated costs (outlined below). Those items having a direct fiscal impact to the City during the term of the MOU are described more fully below. The total estimated three-year cost of this package is $503,191.

Discussion:

Management began meeting with the employees represented by SEIU Directors’ Unit in March 2024 in order to discuss a successor MOU to the current one which expired on June 30, 2024. City Management and the SEIU Directors’ Unit representatives met to negotiate new MOU terms. Negotiations were successful and both sides agreed to terms for a new MOU.

Management conferred with the City Council in closed session on June 25, 2024 and throughout the negotiations process (as evidenced in City Minutes) to discuss the negotiations, provide costing estimates, and solicit feedback from the City Council.

Direction was provided to management concerning the various negotiated items. 7 CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF JULY 29, 2024

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PICO RIVERA AND

SERVICE EMPLOYEES INTERNATIONAL UNION DIRECTORS UNIT MEMBERS FOR A THREE-YEAR TERM, JULY 1, 2024 THROUGH JUNE 30, 2027

Page 2 of 2 ends

The list of new terms agreed upon between management and the SEIU Director group for the subsequent MOU are listed below:

Term - 3 Years (July 1, 2024 through June 30, 2027)
Salaries - Cost of Living Adjustment ("COLA")
a. 3% COLA effective first full pay period in July 2024 b. 2% COLA effective first full pay period in July 2025 c. 2% COLA effective first full pay period in July 2026 The estimated three-year total cost of this proposed MOU is based on current Directors’ Unit members’ salaries as well as any benefits or additional pays tied to said salaries, such as CalPERS retirement contributions, Deferred Compensation matching and Longevity Pay.

Overall negotiations were positive and the SEIU Directors’ Unit members and management feel this proposed MOU fairly compensates employees while simultaneously improving the work environment in the City of Pico Rivera.

Steve Carmona
SC:AG:KS:nk
Enclosure: 1) Memorandum of Understanding
Enclosure 1

MEMORANDUM OF UNDERSTANDING
Between

CITY OF PICO RIVERA
And
SERVICE EMPLOYEES’ INTERNATIONAL UNION,
LOCAL 721 - DIRECTORS BARGAINING UNIT
July 1, 2024 through June 30, 2027
SEIU Local 721
Table of Contents
Article 1: Preamble .................................................................................. 1 Article 2: Contract Term.......................................................................... 1 Article 3: Management Rights .............................................................2-3 Article 4: Severance ................................................................................ 3 Article 5: Union Leave ............................................................................. 3 Article 6: Salaries..................................................................................... 4 General Salary Increase ................................................................. 4 Class and Compensation Study...................................................... 4 Article 7: Work Schedules....................................................................... 4 Article 8: Longevity ................................................................................. 5 Article 9: Retirement.............................................................................5-6 Article 10: Supplemental Benefits.......................................................... 7 Deferred Compensation Plan.......................................................... 7 Health and Wellness Benefit........................................................... 7 Article 11: Retiree Health Insurance ...................................................7-8 Article 12: Health and Related Benefits ..............................................8-9 Medical Benefits.............................................................................. 8 Dental Benefits................................................................................ 8 Vision Benefits ................................................................................ 9 Cash In-Lieu of Benefits Program ................................................... 9 Article 13: Types of Leave.................................................................. 9-13 Administrative Leave....................................................................... 9 Sick Leave ............................................................................... 10-11 Vacation................................................................................... 11-12 Industrial Illness or Injury Leave.................................................... 12 Jury Duty.................................................................................. 12-13 Bereavement Leave...................................................................... 13 Holidays ........................................................................................ 13 Article 14: Technology Stipend ............................................................ 14 Article 15: Transportation Allowance .................................................. 14 Article 16: Personal Liability................................................................. 14 Article 17: Non-Discrimination ............................................................. 15 Article 18: Use of City Facilities ........................................................... 15 Article 19: Personnel Folders ............................................................... 15 Article 20: Employee Relations ............................................................ 16 Article 21: Fair Labor Standards Act (FLSA)....................................... 16 Article 22: Training, and Professional Development.......................... 16 Article 23: Professional Dues/Registration ......................................... 16 Article 24: Tuition Reimbursement ...................................................... 17 Article 25: Employee Volunteer Service Hours................................... 17 Article 26: Severability .......................................................................... 17 Article 27: Effect ............................................................................... 18-19 Appendix A: Classifications ................................................................. 20 Appendix B: Salary Schedule............................................................... 21 SEIU 721 – DIRECTORS UNIT

MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 1 OF 21
ARTICLE 1

PREAMBLE
This Memorandum of Understanding (“MOU”) is made and entered into between the representatives of the City of Pico Rivera, hereinafter referred to as “City” and Service Employees International Union (SEIU), Local 721, hereinafter referred to as “Union”.

The City hereby formally recognizes the Director’s Bargaining Unit (“Unit”) as the exclusive representative of those employees in the classifications listed in Appendix “A”.

The City agrees to meet and confer on all matters within the scope of representation as authorized by law, except as specified in this MOU. Pursuant to the California Government Code Section 3500, et. Seq.

During the term of this MOU, should any recognized City bargaining unit reach a signed agreement that results in a higher benefit than provided to members of the Unit, the City agrees to adjust the specified benefit to an equivalent amount.

Article 2

CONTRACT TERM
This MOU shall be effective on July 1, 2024, except as otherwise provided herein, and together with all the terms, conditions and effects thereof shall expire at midnight on June 30, 2027.

The City and Union agree that the provisions contained herein shall be subject to all applicable laws and cover the period of July 1, 2024, through June 30, 2027.

Notwithstanding the above, the provisions of this MOU shall remain in effect until a successor MOU is implemented. Both parties shall have mutual satisfaction and will continue to meet and confer in good faith or at the conclusion of impasse proceedings in the event that the parties fail to reach agreement.

This MOU plus any amendments to this MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understandings or agreements by the parties, whether formal or informal, regarding these matters are hereby superseded or terminated in their entirety.

Collective bargaining for a successor Unit MOU will commence six (6) months prior to the current MOU’s expiration date, unless mutually agreed to otherwise by the parties.

SEIU 721 – DIRECTORS UNIT

MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 2 OF 21
Article 3

MANAGEMENT RIGHTS
The City and Union agree that the City retains and has the exclusive decision-making authority to manage municipal services and the workforce performing those services in accordance with existing law and provisions of the established MOU. The Union further agrees that the City has, except as expressly and lawfully restricted by specific provisions of the MOU, the exclusive decision-making authority to:

1. Determine and modify the organization of City government and its constituent work units by defining the nature, facilities, methods, standards, equipment and apparatus, means, organizational structure, technology, levels and mode of delivery of service to be offered to the public;

2. Manage the City and determine and implement rules, policies, directives, procedures, and the right to manage the affairs of the City by defining the existence or nonexistence of facts, which form the basis of the Management decision consistent with law and the specific provisions of the MOU;

3. Determine the necessity, organization, and implementation of any service or activity conducted by the City or other governmental jurisdictions, and expand or diminish services;

4. Determine and plan methods of financing; determine and manage the City budget which includes changes in the number and types of personnel, of locations, relocations and types of operations, processes and materials to be used in carrying out all City budgetary functions;

5. Contract or subcontract for any work or operation of the City. No bargaining unit employee shall be laid off, demoted or suffer loss of pay or benefits as a result of the contracting out of work. The parties agree to meet and confer as required by law on matters relating to wage, hours or working conditions. Said provisions will apply except for contracts necessitated by bona fide emergencies.

6. Direct employees, including scheduling, assignment of work and overtime. Control the establishment of employee performance standards and require compliance therewith, to include the control of employee discharge, suspend, demote, reduce in pay, reprimand, and withhold salary increases and benefits, or otherwise disciple employees subject to the requirements of applicable law due to the lack of work, lack of funds, or for other legitimate reasons.

7. Take all necessary actions to protect the public and carry out its missions in emergencies.

SEIU 721 – DIRECTORS UNIT

MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 3 OF 21

8. The City agrees to meet and confer on the establishment of understanding and/or procedures to be enacted in the absence of a duly appointed City Manager. The policy behind the council/manager form of government is based on the principle of separation of powers, which ensures that the council and city manager can perform their duties without unnecessary interference from one another as particularly identified in Chapter 2.04 of the Pico Rivera Municipal Code.

Should the exercise of these management rights impact employees’ wage, hours or working conditions, City agrees to meet and confer with Union pursuant to state law.

Article 4

SEVERANCE
Except where superseded by the terms of a personal employment agreement between an individual employee and the City, represented employees of this Unit in the classifications listed in Appendix “A”, whose employment is terminated for the convenience of the City or who resign in lieu of termination for the convenience of the City, and who execute a settlement agreement and general release between the employee and City, will be paid severance equal to the sum of the highest rate of pay and any leave accruals.

All bargaining unit employees who have completed at least one (1) year of cumulative City employment (in any classification) and meet the above requirements are entitled to severance pay as follows:
1 year but less than 3 years of employment 3 month’s pay 3 years but less than 7 years of employment 6 month’s pay 7 years but less than 10 years of employment 9 month’s pay 10 years and over of employment negotiated
Article 5

UNION LEAVE
The City agrees that Union Stewards will be granted forty-eight (48) hours of paid leave annually to attend union sponsored meetings or training during working hours, exclusive of grievances, appeals, or bargaining sessions.

SEIU 721 – DIRECTORS UNIT

MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 4 OF 21
Article 6

SALARIES
General Salary Increase
The salary schedule attached hereto as Appendix “B” and, by reference made a part hereof, shall be adjusted as described below:

Year One
A salary increase of three percent (3%) will be effective the first full payroll period commencing on or after July 1, 2024.

Year Two
A salary increase of two percent (2%) will be effective the first full payroll period commencing on or after July 1, 2025.

Year Three
A salary increase of two percent (2%) will be effective the first full payroll period commencing on or after July 1, 2026.

Class and Compensation Study
If a class and compensation study is undertaken, the parties agree to meet and confer over the results of the study. Any recommendations and findings of a study must be approved by the City Council to take effect.

In no way will an employee be adversely impacted by the implementation of a class and compensation study. Should any recognized bargaining unit receive a higher salary increase in the fiscal year of this contract, the higher salary will also become effective in this MOU on the same date.

The City agrees, all starting salaries of Directors, City Clerk and/or Deputy Directors are at the discretion and direction of the City Manager within their identified salary range.

Article 7

WORK SCHEDULES
4/10 Work Schedule
The City has approved a 4/10 work schedule; the Unit employees shall operate on the same schedule.

Normal days of work will be Monday through Thursday, with one (1) full day off, or as otherwise determined by the City Manager or Department Director, or their designees, at their discretion.

SEIU 721 – DIRECTORS UNIT

MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 5 OF 21
Holidays and personal leave days will be counted as ten (10) hours, regardless of whether or not a unit employee is working a schedule other than the 4/10.

Article 8

LONGEVITY
The City shall pay longevity to Deputy Directors that have completed five (5), ten (10), and fifteen (15) years of cumulative service from their date of hire. The amount awarded is based on the table below and will be provided in a single payment the first full pay period of July.
5 Years of Service 2% of base pay
10 Years of Service 3% of base pay
15 Years of Service 4% of base pay
Article 9

RETIREMENT
CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS) The City offers a defined retirement benefit plan through contract with the California Public Employees’ Retirement System (CalPERS). Unit members are eligible for one (1) of three (3) benefit tiers pursuant to the City’s contract with CalPERS. Information provided here is a summary of the benefits. The CalPERS contract is available to unit members or Union representatives upon request.

The applicable benefit tier available to an individual employee depends on their date of hire and/or status as a “new member,” as defined by the Public Employees’ Pension Reform Act of 2013 (PEPRA, AB 340) and as assigned by CalPERS. Each benefit tier defines the applicable retirement formula, final compensation period, and employee contribution/cost sharing as follows:

Tier I: Full-Time Employees hired on or before June 30, 2012

1. Shall be eligible for the CalPERS retirement benefits formula based on 2.5% at age 55.

2. The final retirement compensation level shall be calculated using the single highest year of CalPERS reportable earnings, per the California Government Code.

3. Beginning with the first full pay period beginning on or after July 1, 2017, Tier I members shall pay four percent (4.0%) of the eight percent (8.0%) member contribution. The City will continue to pay the remaining four percent (4.0%) of the employee share.

SEIU 721 – DIRECTORS UNIT

MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 6 OF 21

4. Beginning with the first full pay period beginning on or after July 1, 2021, Tier I members shall pay eight percent (8.0%) of the eight percent (8.0%) member contribution. Effective the same date, all employee CalPERS contributions towards the eight percent (8%) normal cost will be offset through an increase in the employee’s base wage. For example, if an employee contributes an additional four percent (4%) to the CalPERS normal cost, that employee will receive a corresponding four percent (4%) base raise at the same time. This base wage increase has been incorporated in the salary schedules in Appendix B – Salary Schedules.

Tier II: Full-Time Employees hired after June 30, 2012

1. Shall receive the CalPERS retirement benefit formula based on 2.0% at age 60.

2. The final retirement compensation level shall be calculated using the average of the three (3) highest consecutive year earnings, per the California Government Code.

3. Employees in Tier II are responsible for paying the full amount of the employee share, equal to fifty percent (50%) of the total “normal cost” as determined by CalPERS annual valuation reports up to an eight percent (8%) contribution rate.

The City offers retiree medical through CalPERS medical. The City pays the minimum contribution required by the Public Employees Medical and Hospital Care Act (PEMHCA) toward the retiree’s CalPERS medical insurance premium.

Tier III: “New Members” under PEPRA - Full time employees hired on or after January 1, 2013
a. New Members are covered by the 2% at age sixty-two (62) benefit formula. b. New Members’ retirement benefit will be based on the highest thirty-six (36) consecutive months of compensation earnable.
c. Per PEPRA, the City does not make contributions towards the employee share for new members. New members are responsible for paying the full amount of the employee share, equal to fifty percent (50%) of the total “normal cost” as determined by CalPERS annual valuation reports. The City will not make any contributions towards the employee share of PERS, as outlined in AB 340.

The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis by way of payroll deduction. All employee-paid member contributions shall be pre-tax via payroll deduction.

SEIU 721 – DIRECTORS UNIT

MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 7 OF 21
ARTICLE 10

SUPPLEMENTAL BENEFITS
Deferred Compensation Plan
The City has available a deferred compensation plan (i.e., Internal Revenue Code Section 457 program), which employees may choose to participate in at their own expense.

In order to qualify for the City matching contribution, employees must be enrolled in the Deferred Compensation Plan and must be making bi-weekly contributions.

The City will match contributions up to a maximum of one percent (1.0%) of base compensation.

Participation in the Deferred Compensation Plan is voluntary. The City will endeavor to provide education to all employees on the benefits of participating in the Deferred Compensation Program.

Health and Wellness Benefits
The City agrees to make available to each member of the Directors Unit, by means of reimbursement, up to seven hundred fifty dollars ($750) per fiscal year for use by the employee for any of the following purposes:

1. Membership, subscriptions, and/or one-time fees associated with a health club, fitness center, physical training, fitness classes, or exercise gym(s);

2. Other formal mental and physical wellness programs, recovery treatments, alternative medication, and dietary supplements (smoking cessation, weight control, nutrition, chiropractic, mobility therapy, and/or similar programs); and

3. Reimbursement for employee medical expenses and health screenings (deductibles or co-payments) not covered by the employee’s health, dental or vision insurance.

Reimbursement will be made based on approval by the City Manager or designee, if sufficient documentation such as expense receipts from the health screening, gym membership, vitamins, and other mental or physical health programs is provided.

Article 11

RETIREE HEALTH INSURANCE
Retiree Health Insurance - The City offers retiree medical health coverage through CalPERS medical.

For Employees Hired Before July 1, 2012:

SEIU 721 – DIRECTORS UNIT

MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 8 OF 21
The City pays one hundred percent (100%) of the retiree’s health insurance premium based on the retiree’s level of coverage.

For Employees Hired on or after July 1, 2012:

The City pays the minimum contribution required by the Public Employees Medical and Hospital Care Act (PEMHCA) toward the retiree’s CalPERS medical insurance premium. This amount is adjusted annually by CalPERS.

In addition, the City agrees to establish a “retiree health savings account” program wherein the City matches employee contributions towards this program. The maximum matching amount provided by the City would be one percent (1.0%) of base salary. Program details will be discussed between unit employees and the City in order to establish a program that meets all IRS and PERS guidelines and regulations.

Article 12

HEALTH AND RELATED BENEFITS
A. Medical Benefits:

1. Employees Hired Before July 1, 2012
The City shall pay one hundred percent (100%) of the health insurance premiums for HMO providers and a maximum of eighty five percent (85%) of the premium rate for PERS CARE (PPO).

2. Employees Hired On or After July 1, 2012
The City shall pay one hundred percent (100%) of the health insurance premiums for the employee and eligible dependents not to exceed the Kaiser HMO premium rate. Employees may choose a different health care provider offered by the City, however, any cost greater than the Kaiser HMO premium rate shall be paid by the employee, through payroll deductions.

B. Dental Benefits:

The City shall pay one hundred percent (100%) of the dental insurance premium for the employee and eligible dependents not to exceed the HMO premium rate.

Employees may choose a different dental plan offered by the City, however, any cost greater than the HMO premium rate shall be paid by the employee, through payroll deductions. The City shall offer at least one dental plan that covers adult orthodontia and has a benefit cap greater than one thousand five hundred dollars ($1,500) per year.

SEIU 721 – DIRECTORS UNIT

MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 9 OF 21
C. Vision Benefits:

The City shall pay one hundred percent (100%) of the vision insurance premium for the employee and eligible dependents.

D. Cash In-Lieu of Benefits Program:

1. The Cash In-Lieu of Benefits Program (i.e., “Cash In-Lieu”) allows employees to opt out of the City’s provided health plans under certain conditions. An employee will be eligible for the Cash In-Lieu Program only when the employee provides proof of other medical coverage and an executed Health Insurance Waiver form. An employee may participate in the Cash In-Lieu Program only at the time of Open Enrollment, when a qualifying life event (QLE) occurs, or at the time of hire. In the event the employee loses health coverage through the alternative source, the employee should immediately contact Human Resources regarding the employee’s eligibility to enroll in the City’s Health Plan.

Cash In-Lieu of Benefits Program amounts for new enrollees shall be equal to the PEMHCA minimum or two hundred dollars ($200), whichever is higher. Current participants will be grandfathered into the cash in-lieu benefits program at a rate equal to eighty percent (80%) of the health program amount they would qualify for.

The amount will be distributed through the normal payroll process in twenty-four (24) equal payments.

When an employee leaves employment, the City must offer the opportunity to continue the medical, dental, and vision benefits they have upon terminating. If the employee is participating in the Cash In-Lieu of Benefits Program, Consolidated Omnibus Budget Reconciliation Act (COBRA) medical benefits continuation will not be available.

2. Upon retirement, if an employee was not previously enrolled in a City sponsored PERS medical plan, the employee may be eligible to enroll in the CalPERS retirement medical plan subject to CalPERS regulations.

Article 13

TYPES OF LEAVE
Administrative Leave
City agrees that each employee in the Unit shall receive eighty (80) hours of administrative leave the first full pay period of July of each year.

A total of one hundred twenty (120) hours of administrative leave may be accumulated.

Administrative Leave cannot be “cashed out”.

SEIU 721 – DIRECTORS UNIT

MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 10 OF 21
Sick Leave
Sick leave with pay is granted to all permanent, probationary, and provisional employees.

The following are details of the sick leave provision:

Accrual
Sick leave allowance is one hundred and five (105) hours per year Each employee will accrue four point zero three eight five (4.0385) hours of sick leave each pay period.

The maximum number of accrued hours per year is one hundred and five (105) hours.

The maximum number of hours available for cash payment per year is eighty-one (81) hours.

Use - An employee's sick leave accruals can be used for an illness or medical appointment of an employee or family member.

Physician's Certificate - An employee may be required to provide the supervisor or Department Head with a physician's certification of illness or a release to return to work.

An employee injured off the job shall be required to provide a physician's release to return to work.

Accumulation - Up to eight hundred (800) hours of sick leave may be accumulated during the course of employment with the City. If an employee’s sick leave is exhausted, the employee may use vacation time for illness but only after a full work-day advance request and with the approval of the employee’s supervisor, Department Director and Director of Human Resources.

Cash Payment - In June of each year (i.e., the first full pay period of June), each employee may choose to take any or all of the fiscal year's accumulated sick leave as cash, provided the “cash out” amount does not exceed eighty-one (81) hours. The balance of the sick leave may be left on the books. Per California Labor Code, sick leave is paid at the employee’s rate of pay at the time of pay out (i.e., the employee’s pay rate during the first full pay period in June).

Credit Upon Termination - Employees who terminate employment may be paid the salary equivalent of all accrued sick leave prior to the effective date of termination. Per California Labor Code, sick leave is paid at the employee’s rate of pay at the time of termination/separation. Accumulated sick leave may also be converted to service credit with CalPERS at time of retirement, subject to CalPERS law. A choice of either sick leave SEIU 721 – DIRECTORS UNIT

MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 11 OF 21
as service credit or cash-out of sick leave will be given.

VACATION
Length: The amount of vacation that a member accrues is based on years of service.

One through Four Years 88 Hours (3.385 hours per pay period) Five through Nine Years 128 Hours (4.923 hours per pay period) Ten Years through Nineteen 168 Hours (6.462 hours per pay period) Twenty Years or More 208 Hours (8 hours per pay period) The City Manager or designee has discretion to assign an appropriate vacation accrual – per the table above – for existing members in this unit or new hires based on their prior public sector service.

Accrual: Vacation leave will begin accruing immediately upon the employee’s official start-date.

Credit upon Termination: Employees who terminate employment shall be paid the salary equivalent of all accrued vacation leave earned prior to the effective date of termination.

Per California Labor Code, vacation leave is paid at the employee’s rate of pay at the time of termination/separation.

Schedules: Each department will keep and monitor the vacation schedule of its employees. Each employee shall request vacation time in writing in advance of the time desired. Such request will be signed by the employee and must be approved by the employee’s supervisor and/or Department Director to be valid. The Department Director will determine the vacation schedule with due regard for the wishes of the employee and the needs of the department subject to the MOU. In the event a vacation request is denied, the reason for the denial shall be provided in writing.

Accumulation: Vacation time may be accumulated to a maximum of three-hundred and twenty (320) hours. Employees with hours in excess of three hundred and twenty (320) will have those excess hours paid out the first payday in December. Per California Labor Code, vacation leave is paid at the employee’s rate of pay at the time of pay out (i.e., the employee’s pay rate during the first payday of December).

Vacation Cash Out: Each year in December (first payday of December), an employee may opt to cash out any or all vacation hours that exceed one-hundred twenty (120) hours. If a cash out is elected, a minimum balance of one-hundred twenty (120) hours must remain on the books. Per California Labor Code, vacation leave is paid at the SEIU 721 – DIRECTORS UNIT

MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 12 OF 21
employee’s rate of pay at the time of pay out (i.e., the employee’s pay rate during the first payday of December).

Emergency Cash-Out: At the request of the eligible employee, emergency vacation leave payouts may be approved throughout the year without the minimum balance requirement.

Employees must submit the request in writing to the City Manager or designee describing the emergency. An emergency is defined as follows:

An emergency is defined as follows:

1. A severe financial hardship;

2. An event that was unforeseeable (including but not limited to: illness, accident or casualty);

3. The event was incurred by employee, spouse or dependent; and

4. Where employee has no other means to cover costs.

The City Manager’s or designee’s decision is final.

Industrial Illness or Injury Leave:

An employee who is absent from work due to a work-related injury or illness shall be on industrial accident leave. The City shall conform to Workers’ Compensation laws of the State of California in effect at the time of injury. Employees may receive information on Workers’ Compensation Procedures from the Human Resources Division.

When a waiting period is required in order to begin Workers’ Compensation benefits, an injured worker may use available leave time along with the City paid Workers’ Compensation rate per day. Following the waiting period, an injured worker on total disability will receive the State Worker’s Compensation rate. The employee may make up the difference between the State mandated rate and their base pay by utilizing available leave time.

If an injured worker has exhausted all available leave, continues to receive Workers’ Compensation benefits, and is medically unable to return to work, the City shall compensate the injured worker the difference between the State mandated benefit and sixty-six and twothirds percent (66.667%) of the employee’s base pay for a period not to exceed ninety (90) days from the date leave is exhausted or unless State law says differently.

Jury Duty:

Service as a juror by employees will be limited to serving once in any two (2)-year period.

Payment for jury duty service will be limited to ten (10) days. If an employee is assigned to a SEIU 721 – DIRECTORS UNIT

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trial within the first ten (10) days of jury service, the employee’s time to complete the trial will be paid by the City.

The employee must obtain proof of jury service from the Court and submit it to the Finance Department upon completion of their jury duty. The employee must also submit any payment received from the Court (except mileage reimbursement) to the Finance Department in order to receive full salary for the time served.

Bereavement Leave:

Up to five (5) days of bereavement leave shall be granted to full-time employees who have been employed with the City at least thirty (30) days prior to commencement of such leave for a death in the immediate family, three (3) of which are paid and two (2) of which employees can use their accrued sick, vacation and/or administrative leave or unpaid time if employees do not have accrued sick, vacation and/or administration leave. The immediate family shall be defined as parents, stepparents, stepsiblings, stepchildren, parents-in-law, siblings-in-law, spouse, siblings, children, grandparents, grandchildren, step-grandchildren, and courtappointed or other verifiable guardian. Upon request and with supervisory approval, a day of vacation may be added to bereavement leave to accommodate personal or travel needs.

HOLIDAYS
The City recognizes twelve (12) holidays per year. Should a City-recognized holiday fall on a Friday, the Observation will fall on the previous Thursday. Should it fall on a Saturday or Sunday, the observation of the holiday will be the following Monday. Authorized City paid holidays shall be as follows:

1. New Year’s Day

2. Martin Luther King Day

3. President’s Day

4. Cesar Chavez Day

5. Memorial Day

6. Juneteenth

7. Independence Day

8. Labor Day

9. Veteran’s Day

10. Thanksgiving Day

11. Day after Thanksgiving (recognized as the day before Thanksgiving)

12. Christmas Day
The City shall fund the amount of hours per the current MOU productive schedule of compensation for each holiday.

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July 1, 2024 – June 30, 2027
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Article 14

TECHNOLOGY STIPEND
Employees in the Unit will be compensated one hundred and fifty dollars ($150) per month as reimbursement for device/cell phone use. Such reimbursement shall be taxable as compensation.

Payment of the monthly device/cell phone statement is the responsibility of the device/cell phone owner. The device/cell phone contract will be in the name of the employee who will be solely responsible for all payments to the service provider. The City does not accept any liability claims, charges, or disputes between the service provider and the employee.

Recipients of a technology stipend must notify the City of their device/cell phone number and must continue to maintain the device/cell phone rental or air-time/pay-as–you-go contract while in receipt of the stipend.

Article 15

TRANSPORTATION ALLOWANCE
Unit employees’ duties under this Agreement require that they have use of an automobile in the normal course of conducting City’s business. The City therefore agrees to provide the Assistant City Manager five hundred dollars ($500) per month as transportation allowance. Each of the Directors, the City Clerk, and Deputy Directors, shall receive a car allowance in the sum of four hundred dollars ($400) per month. All employees shall be responsible for maintaining and paying for liability insurance as required by law and for all their automobile’s operating, maintenance, and repair costs.

This will not exclude members of this Unit from receiving any benefit included in the City’s travel policy.

Article 16

PERSONAL LIABILITY
City may provide representation by legal counsel of City’s choice to any employee required to testify before a Grand Jury, Administrative Hearing, or Trial that arise out of the performance of employee’s duties.

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Article 17

NON-DISCRIMINATION
The City and Union mutually recognize and agree fully to protect the rights of all employees hereby to join and participate in the activities of the Union. The City and Union mutually reaffirm their respective policies of non-discrimination in the treatment of any employee because of race, religion, sex (including gender, gender identity, gender expression, and pregnancy), national origin, ancestry, disability, medical condition, genetic characteristics or information, marital status, age, sexual orientation (including homosexuality, bisexuality, or heterosexuality), union activity or any other legally protected classification.

Article 18

USE OF CITY FACILITIES
The Union shall be permitted to use City facilities, on prior approval, for the purpose of holding meetings to the extent that such facilities can be made available, and to the extent that the use of a facility will not interfere with department operations. Participating employees will attend said meetings in their own time.

Article 19

PERSONNEL FOLDERS
A Unit employee shall be entitled to review the contents of their official departmental personnel folder at reasonable intervals upon request. Such review shall not interfere with the normal business of the department.

The employee may authorize a City representative or Designee to inspect the personnel folder, upon written consent of the employee. The written consent must be presented in person by the employee to the City’s Human Resources Department. The City representative or Designee may not remove or have a copy of any document in the folder.

The employee or Union representative's review of the personnel folder shall not interfere with the normal business of the department.

No evaluation or disciplinary document may be placed in an employee's personnel file without their review and a copy of the document presented to them. The employee shall acknowledge that they have reviewed and received a copy of the document by signing the document with the understanding that such signature does not necessarily indicate agreement with its contents.

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July 1, 2024 – June 30, 2027
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Article 20

EMPLOYEE RELATIONS
Meetings at reasonable intervals will be scheduled at the request of the Union or the City for the purpose of informally discussing employer-employee relations issues.

Article 21

FAIR LABOR STANDARDS ACT (FLSA)
Pursuant to the Fair Labor Standards Act (FLSA), all employees shall have a fixed workweek that consists of a regular recurring period of one hundred sixty-eight (168) consecutive hours (seven (7) twenty four (24)-hour periods), which can begin and end on any day of the week and at any time of the day.

Employees in this Unit shall be treated as salaried employees in accordance with the provisions of the FLSA.

Article 22

TRAINING AND PROFESSIONAL DEVELOPMENT
The City shall allow Unit employees to attend training and professional development courses or classes pertaining to their respective positions. The City shall pay or reimburse all expenses for training and professional development inclusive of travel, registration, lodging, and transportation.

Unit employees shall justify and receive written approval for such trainings and professional development before the course or training sessions commence. The training and professional development request and invoice of completion shall be signed by the Unit employee and the City Manager or designee.

Article 23

PROFESSIONAL DUES/REGISTRATION
Employees in classifications represented by the Union who require registration or professional membership as a condition of employment will have such expenses paid by the City. At the City Manager’s or designee’s discretion, payment may either be made directly by the City to the appropriate organization or agency or may be reimbursed to the employee. In either case, payment will only be on the basis of adequate documentation as required by the employee's appointing authority.

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July 1, 2024 – June 30, 2027
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Article 24

TUITION REIMBURSEMENT
Tuition reimbursement for professional development shall be allowed for classroom or on-line type courses. The Unit employee may be reimbursed up to five thousand two hundred fifty dollars ($5,250) per fiscal year, not to exceed the Internal Revenue Service (IRS) maximum in a given year covered by the term of the MOU, after the course has been completed, and the Unit employee receives a transcribed grade of a “B” or better AND commits to continued service (employment) to the City of Pico Rivera for the equivalent of the school units, not to exceed two (2) years. Tuition advancement shall not be permitted.

If the Unit employee does not meet the commitment of continued service (employment), they surrender the cost of the course on the final payment of employment.

All financial documentation shall be submitted at the end of the course and an official grade/transcript from the course shall be submitted as certification. Requests for reimbursement and approval must be in accordance with the City's policy on tuition reimbursement.

Article 25

EMPLOYEE VOLUNTEER SERVICE HOURS
The City shall grant each Unit employee ten (10) hours of productive pay while providing volunteer hours at a community event in the City of Pico Rivera with pre-approval from the City Manager. The intent of the Employee Volunteer Service Hours program is to motivate employees to serve community needs through the City of Pico Rivera leadership. It is at the discretion of the Unit employee as to how and where to provide the volunteer service hours.

Article 26

SEVERABILITY
If an article, section, position, or portion thereof contained in this MOU or application thereof to any person or circumstance is held to be unconstitutional, invalid by operation of law, or by any tribunal or office of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by tribunal or office, the remainder of the MOU and application of such provisions or portion thereof, to other persons or circumstances, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

Furthermore, the City and the Union shall enter into immediate negotiations for the purpose of arriving at a mutually satisfactory replacement of such article, section, position, or portion.

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July 1, 2024 – June 30, 2027
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Article 27
EFFECT
It is understood and agreed that this agreement shall not become effective for any purpose or be binding on either party until approved by the City Council and the Unit membership, and nothing herein shall be construed as obligating the City Council to approve in whole or in part.

If the City Council approves in full, then this agreement shall become effective immediately upon ratification. The MOU constitutes and includes all negotiations, compromises, and representations made by either party; and both parties acknowledge that each has met and conferred in good faith in negotiations to this point.

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July 1, 2024 – June 30, 2027
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IN WITNESS THERE OF, the parties hereto have caused this Memorandum of Understanding to be executed this 29th day of July 2024.

FOR THE CITY FOR THE UNION
______________________________ ________________________ Steve Carmona Jie (Jane) Guo
City Manager President
DATE: _________________________ DATE: ___________________

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July 1, 2024 – June 30, 2027
PAGE 20 OF 21

APPENDIX A
Assistant City Manager
City Clerk
Director
Deputy Director
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July 1, 2024 – June 30, 2027
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APPENDIX B – SALARY RANGES FOR UNIT EMPLOYEES
YEAR ONE – FY 2024/25
Position Group
Zone A Zone B Zone C Zone D
2024-25 2024-25 2024-25 2024-25
3% 3% 3% 3%
Assistant City Manager VII $16,561 - $20,575
Director VII $13,101 - $15,066 $15,067 - $16,873 $16,874 - $18,210 Deputy Director VII $11,747 - $14,013
City Clerk VII $10,374 - $12,723
YEAR TWO – FY 2025/26
Position Group
Zone A Zone B Zone C Zone D
2025-26 2025-26 2025-26 2025-26
2% 2% 2% 2%
Assistant City Manager VII $16,892 - $20,987
Director VII $13,363 - $15,367 $15,368 - $17,210 $17,211 - $18,574 Deputy Director VII $11,982 - $14,293
City Clerk VII $10,581 - $12,977
YEAR THREE – FY 2026/27
Position Group
Zone A Zone B Zone C Zone D
2026-27 2026-27 2026-27 2026-27
2% 2% 2% 2%
Assistant City Manager VII $17,230 - $21,406
Director VII $13,630 - $15,675 $15,676 - $17,555 $17,556 - $18,946 Deputy Director VII $12,222 - $14,579
City Clerk VII $10,793 - $13,237
To: Chairperson and Commissioners
From: Executive Director
Date: July 29, 2024
Subject: SECTION 8 MANAGEMENT ASSESSMENT PROGRAM

CERTIFICATION
Recommendation:

1. Approve a resolution authorizing the Pico Rivera Housing Assistance Agency to submit the Section 8 Management Assessment Program Certification Form to the U.S. Department of Housing and Urban Development for fiscal year 2023-2024.

Fiscal Impact:

The recommended action does not have a fiscal impact on the General Fund.

Background:

In 1998, the Department of Housing and Urban Development (HUD) introduced the Section 8 Management Assessment Program (SEMAP). SEMAP is a management assessment system that HUD uses to measure the performance of all local housing agencies that administer the Housing Choice Voucher (Section 8) tenant-based rental assistance program.

HUD reviews 14 key areas ranging from the proper selection of applicants from the Section 8 waiting list to the accurate verification of family income and timely Housing Quality Standards (HQS) inspections. As part of the process, agencies are required to submit an approved SEMAP Certification form on an annual basis to ensure that all mandatory supervisory quality control reviews in the 14 key areas have been conducted.

Discussion:

The Pico Rivera Housing Assistance Agency staff completed the 14 supervisory quality control reviews and SEMAP Certification form, indicating that the Pico Rivera Housing Assistance Agency has adequately administered the Section 8 program during fiscal year 2023-24.
8 CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF JULY 29, 2024 SECTION 8 MANAGEMENT ASSESSMENT PROGRAM CERTIFICATION FORM

Page 2 of 2 ends

Conclusion:

Staff recommends that the Pico Rivera Housing Assistance Agency approve the resolution authorizing the submittal of the Section 8 Management Assessment Program Certification Form to the Department of Housing and Urban Development.

Steve Carmona
SC:AB:JG:JLG:smc:ca
Enclosures: 1) Resolution
2) SEMAP Certification Form (HUD 52648)
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF PICO RIVERA HOUSING ASSISTANCE AGENCY, APPROVING THE AGENCY’S SECTION 8 MANAGEMENT

ASSESSMENT PROGRAM CERTIFICATION FORM FOR SUBMITTAL
FOR FISCAL YEAR 2023-2024
WHEREAS, the Pico Rivera Housing Assistance Agency administers a Section 8 tenant-based rental assistance program with funds provided by the U.S. Department of Housing and Urban Development (“HUD”); and
WHEREAS, the Section 8 Management Assessment Program (“SEMAP”) was established in accordance with Section 502 of the Cranston-Gonzalez National Affordable Housing Act, (1990), to provide policies and procedures for use by HUD in identifying public housing agency management capabilities and deficiencies; and WHEREAS, HUD regulations require that public housing agencies with a Section 8 tenant-based program submit an approved SEMAP Certification form on an annual basis.

NOW, THEREFORE, BE IT RESOLVED by the Pico Rivera Housing Assistance Agency Board of Commissioners that:

SECTION 1. The Pico Rivera Housing Assistance Agency hereby finds that the above recitals are true and correct and incorporates them herein as part of the findings.

SECTION 2. The adoption of this Resolution is exempt from the California Environmental Quality Act (“CEQA”) pursuant to the “Common Sense” exemption set forth under Section 15061(b)(3), which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment and also states that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The adoption of the Resolution is also not a “project” under CEQA Guidelines Section 15378(b)(5) in that it is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment. The adoption of this Resolution only approves the certification and submission of administrative reports and makes related findings and in no way whatsoever impacts or affects the physical environment. Moreover, none of the exceptions to the exemptions under CEQA Guidelines Section 15300.2 apply.

SECTION 3. The City of Pico Rivera’s Community and Economic Development Department has completed the fourteen (14) supervisory quality control reviews and SEMAP Certification form, indicating that the Pico Rivera Housing Assistance Agency has adequately administered the Housing Choice Voucher (Section 8) program during the 2023-2024 fiscal year and the Pico Rivera Housing Assistance Agency hereby approves of the SEMAP Certification form attached to the staff report presented concurrently with this Resolution and further authorizes the Executive Director to execute all forms and documents reasonably necessary to effectuate the intent of this Resolution.

ENCLOSURE 1
8a
RESOLUTION NO. _____

Page 2 of 2 ends

SECTION 4. That the SEMAP Certification indicates no evidence of seriously deficient performance that casts doubt on the Pico Rivera Housing Assistance Agency’s capacity to preserve and protect its Section 8 tenant-based program and operates the SEMAP in accordance with Federal law and regulations.

SECTION 5. The Secretary of the Pico Rivera Housing Assistance Agency shall certify the adoption of this Resolution and shall be in full force and effect immediate upon its adoption.

APPROVED AND PASSED this 29th day of July, 2024.

Andrew C. Lara, Chairperson
ATTEST: APPROVED AS TO FORM:
____________________________
Cynthia Ayala, Agency Secretary Arnold M. Alvarez-Glasman, General Counsel AYES:

NOES:

Section 8 Management Assessment
Program (SEMAP)
U.S. Department of Housing OMB Approval No. 2577-0215 and Urban Development (exp. 12/31/2026)
Offi ce of Public and Indian Housing
Certification
Public reporting burden for this collection of information is estimated to average 12 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.

This collection of information is required by 24 CFR sec 985.101 which requires a Public Housing Agency (PHA) administering a Section 8 tenant-based assistance program to submit an annual SEMAP Certification within 60 days after the end of its fiscal year. The information from the PHA concerns the performance of the PHA and provides assurance that there is no evidence of seriously deficient performance. HUD uses the information and other data to assess PHA management capabilities and deficiencies, and to assign an overall performance rating to the PHA. Responses are mandatory and the information collected does not lend itself to confidentiality.

Instructions Respond to this certification form using the PHA’s actual data for the fiscal year just ended.

PHA Name For PHA FY Ending (mm/dd/yyyy) Submission Date (mm/dd/yyyy) Check here if the PHA expends less than $300,000 a year in Federal awards Indicators 1 - 7 will not be rated if the PHA expends less than $300,000 a year in Federal awards and its Section 8 programs are not audited for compliance with regulations by an independent auditor. A PHA that expends less than $300,000 in Federal awards in a year must still complete the certification for these indicators.

Performance Indicators

1. Selection from the Waiting List. (24 CFR 982.54(d)(1) and 982.204(a)) (a) The PHA has written policies in its administrative plan for selecting applicants from the waiting list.

PHA Response Yes No
(b) The PHA’s quality control samples of applicants reaching the top of the waiting list and of admissions show that at least 98% of the families in the samples were selected from the waiting list for admission in accordance with the PHA’s policies and met the selection criteria that determined their places on the waiting list and their order of selection.

PHA Response Yes No

2. Reasonable Rent. (24 CFR 982.4, 982.54(d)(15), 982.158(f)(7) and 982.507) (a) The PHA has and implements a reasonable written method to determine and document for each unit leased that the rent to owner is reasonable based on current rents for comparable unassisted units (i) at the time of initial leasing, (ii) before any increase in the rent to owner, and (iii) at the HAP contract anniversary if there is a 5 percent decrease in the published FMR in effect 60 days before the HAP contract anniversary. The PHA’s method takes into consideration the location, size, type, quality, and age of the program unit and of similar unassisted units, and any amenities, housing services, maintenance or utilities provided by the owners.

PHA Response Yes No
(b) The PHA’s quality control sample of tenant files for which a determination of reasonable rent was required shows that the PHA followed its written method to determine reasonable rent and documented its determination that the rent to owner is reasonable as required for (check one):

PHA Response At least 98% of units sampled 80 to 97% of units sampled Less than 80% of units sampled

3. Determination of Adjusted Income. (24 CFR part 5, subpart F and 24 CFR 982.516) The PHA’s quality control sample of tenant files shows that at the time of admission and reexamination, the PHA properly obtained third party verification of adjusted income or documented why third party verification was not available; used the verified information in determining adjusted income; properly attributed allowances for expenses; and, where the family is responsible for utilities under the lease, the PHA used the appropriate utility allowances for the unit leased in determining the gross rent for (check one):

PHA Response At least 90% of files sampled 80 to 89% of files sampled Less than 80% of files sampled

4. Utility Allowance Schedule. (24 CFR 982.517)
The PHA maintains an up-to-date utility allowance schedule. The PHA reviewed utility rate data that it obtained within the last 12 months, and adjusted its utility allowance schedule if there has been a change of 10% or more in a utility rate since the last time the utility allowance schedule was revised.

PHA Response Yes No

5. HQS Quality Control Inspections. (24 CFR 982.405(b)) A PHA supervisor (or other qualified person) reinspected a sample of units during the PHA fiscal year, which met the minimum sample size required by HUD (see 24 CFR 985.2), for quality control of HQS inspections. The PHA supervisor’s reinspected sample was drawn from recently completed HQS inspections and represents a cross section of neighborhoods and the work of a cross section of inspectors.

PHA Response Yes No

6. HQS Enforcement. (24 CFR 982.404)
The PHA’s quality control sample of case files with failed HQS inspections shows that, for all cases sampled, any cited life-threatening HQS deficiencies were corrected within 24 hours from the inspection and, all other cited HQS deficiencies were corrected within no more than 30 calendar days from the inspection or any PHA-approved extension, or, if HQS deficiencies were not corrected within the required time frame, the PHA stopped housing assistance payments beginning no later than the first of the month following the correction period, or took prompt and vigorous action to enforce the family obligations for (check one):

PHA Response At least 98% of cases sampled Less than 98% of cases sampled Previous edition is obsolete Page 1 of 4 ref. 24 CFR Part 985 form HUD-52648 (01/2024)
8b

7. Expanding Housing Opportunities. (24 CFR 982.54(d)(5), 982.153(b)(3) and (b)(4), 982.301(a) and 983.301(b)(4) and (b)(12)).

Applies only to PHAs with jurisdiction in metropolitan FMR areas.

Check here if not applicable
(a) The PHA has a written policy to encourage participation by owners of units outside areas of poverty or minority concentration which clearly delineates areas in its jurisdiction that the PHA considers areas of poverty or minority concentration, and which includes actions the PHA will take to encourage owner participation.

PHA Response Yes No
(b) The PHA has documentation that shows that it took actions indicated in its written policy to encourage participation by owners outside areas of poverty and minority concentration.

PHA Response Yes No
(c) The PHA has prepared maps that show various areas, both within and neighboring its jurisdiction, with housing opportunities outside areas of poverty and minority concentration; the PHA has assembled information about job opportunities, schools and services in these areas; and the PHA uses the maps and related information when briefing voucher holders.

PHA Response Yes No
(d) The PHA’s information packet for voucher holders contains either a list of owners who are willing to lease, or properties available for lease, under the voucher program, or a list of other organizations that will help families find units and the list includes properties or organizations that operate outside areas of poverty or minority concentration.

PHA Response Yes No
(e) The PHA’s information packet includes an explanation of how portability works and includes a list of neighboring PHAs with the name, address and telephone number of a portability contact person at each.

PHA Response Yes No
(f) The PHA has analyzed whether voucher holders have experienced difficulties in finding housing outside areas of poverty or minority concentration and, where such difficulties were found, the PHA has considered whether it is appropriate to seek approval of exception payment standard amounts in any part of its jurisdiction and has sought HUD approval when necessary.

PHA Response Yes No

8. Payment Standards. The PHA has adopted payment standards schedule(s) in accordance with § 982.503.

PHA Response Yes No
Enter FMRs and payment standards (PS)
0-BR FMR _________ 1-BR FMR _________ 2-BR FMR _________ 3-BR FMR ________ 4-BR FMR _________ PS ______________ PS ______________ PS ______________ PS ______________ PS ______________ If the PHA has jurisdiction in more than one FMR area, and/or if the PHA has established separate payment standards for a PHA-designated part of an FMR area, attach similar FMR and payment standard comparisons for each FMR area and designated area.

9. Annual Reexaminations. The PHA completes a reexamination for each participating family at least every 12 months. (24 CFR 982.516) PHA Response Yes No

10. Correct Tenant Rent Calculations. The PHA correctly calculates tenant rent in the rental certificate program and the family rent to owner in the rental voucher program. (24 CFR 982, Subpart K)
PHA Response Yes No

11. Initial HQS Inspections. Newly leased units pass HQS inspection within the time period required. This includes both initial and turnover inspections for the PBV program. (24 CFR 982.305; 983.103(b)-(d)).

PHA Response Yes No

12. Periodic HQS Inspections. The PHA has met its periodic inspection requirement for its units under contract (982.405 and 983.103(e)).

PHA Response Yes No

13. Lease-Up. The PHA executes housing assistance contracts for the PHA's number of baseline voucher units, or expends its annual allocated budget authority.

PHA Response Yes No
14a. Family Self-Sufficiency Enrollment. The PHA has enrolled families in FSS as required. (24 CFR 984.105) Applies only to PHAs required to administer an FSS program .

Check here if not applicable
PHA Response
a. Number of mandatory FSS slots (Count units funded under the FY 1992 FSS incentive awards and in FY 1993 and later through 10/20/1998. Exclude units funded in connection with Section 8 and Section 23 project-based contract terminations; public housing demolition, disposition and replacement; HUD multifamily property sales; prepaid or terminated mortgages under section 236 or section 221(d)(3); and Section 8 renewal funding. Subtract the number of families that successfully completed their contracts on or after 10/21/1998.) or, Number of mandatory FSS slots under HUD-approved exception Previous edition is obsolete Page 2 of 4 ref. 24 CFR Part 985 form HUD-52648 (01/2024)
b. Number of FSS families currently enrolled
c. Portability: If you are the initial PHA, enter the number of families currently enrolled in your FSS program, but who have moved under portability and whose Section 8 assistance is administered by another PHA Percent of FSS slots filled (b + c divided by a)
14b. Percent of FSS Participants with Escrow Account Balances. The PHA has made progress in supporting family self-sufficiency as measured by the percent of currently enrolled FSS families with escrow account balances. (24 CFR 984.305) Applies only to PHAs required to administer an FSS program .

Check here if not applicable
PHA Response Yes No
Portability: If you are the initial PHA, enter the number of families with FSS escrow accounts currently enrolled in your FSS program, but who have moved under portability and whose Section 8 assistance is administered by another PHA Deconcentration Bonus Indicator (Optional and only for PHAs with jurisdiction in metropolitan FMR areas).

The PHA is submitting with this certification data which show that:
(1) Half or more of all Section 8 families with children assisted by the PHA in its principal operating area resided in low poverty census tracts at the end of the last PHA FY;
(2) The percent of Section 8 mover families with children who moved to low poverty census tracts in the PHA’s principal operating area during the last PHA FY is at least two percentage points higher than the percent of all Section 8 families with children who resided in low poverty census tracts at the end of the last PHA FY;
or
(3) The percent of Section 8 mover families with children who moved to low poverty census tracts in the PHA’s principal operating area over the last two PHA FYs is at least two percentage points higher than the percent of all Section 8 families with children who resided in low poverty census tracts at the end of the second to last PHA FY.

PHA Response Yes No If yes, attach completed deconcentration bonus indicator addendum.

I hereby certify under penalty of perjury that, to the best of my knowledge, the above responses are true and correct for the PHA fiscal year indicated above. I also certify that, to my present knowledge, there is not evidence to indicate seriously deficient performance that casts doubt on the PHA’s capacity to administer Section 8 rental assistance in accordance with Federal law and regulations.

Warning: Anyone who knowingly submits a false claim or makes a false statement is subject to criminal and/or civil penalties, including confinement for up to 5 years, fines, and civil and administrative penalties. (18 U.S.C. §§ 287, 1001, 1010, 1012, 1014; 31 U.S.C. §3729, 3802).

Executive Director, signature Chairperson, Board of Commissioners, signature ___________________________________________________________ Date (mm/dd/yyyy) ____________________________________________ _________________________________________________________ Date (mm/dd/yyyy) _________________________________________ The PHA may include with its SEMAP certification any information bearing on the accuracy or completeness of the information used by the PHA in providing its certification.

Previous edition is obsolete Page 3 of 4 ref. 24 CFR Part 985 form HUD-52648 (01/2024)

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SEMAP Certification - Addendum for Reporting Data for Deconcentration Bonus Indicator Date (mm/dd/yyyy) ____________________________
PHA Name ______________________________________________________________________________________ Principal Operating Area of PHA _____________________________________________________________________ (The geographic entity for which the Census tabulates data) Special Instructions for State or regional PHAs.Complete a copy of this addendum for each metropolitan area or portion of a metropolitan area (i.e., principal operating areas) where the PHA has assisted 20 or more Section 8 families with children in the last completed PHA FY. HUD will rate the areas separately and the separate ratings will then be weighted by the number of assisted families with children in each area and averaged to determine bonus points. 2020 Census Poverty Rate of Principal Operating Area __________________________________________________ Criteria to Obtain Deconcentration Indicator Bonus Points To qualify for bonus points, a PHA must complete the requested information and answer yes for only one of the 3 criteria below. However, State and regional PHAs must always complete line 1) b for each metropolitan principal operating area. 1) __________ a. Number of Section 8 families with children assisted by the PHA in its principal operating area at the end of the last PHA FY who live in low poverty census tracts. A low poverty census tract is a tract with a poverty rate at or below the overall poverty rate for the principal operating area of the PHA, or at or below 10% whichever is greater. __________ b. Total Section 8 families with children assisted by the PHA in its principal operating area at the end of the last PHA FY. __________ c. Percent of all Section 8 families with children residing in low poverty census tracts in the PHA’s principal operating area at the end of the last PHA FY (line a divided by line b).

Is line c 50% or more? Yes No
2) __________ a. Percent of all Section 8 families with children residing in low poverty census tracts in the PHA's principal operating area at the end of the last completed PHA FY.
__________ b. Number of Section 8 families with children who moved to low poverty census tracts during the last completed PHA FY. __________ c. Number of Section 8 families with children who moved during the last completed PHA FY. __________ d. Percent of all Section 8 mover families with children who moved to low poverty census tracts during the last PHA fiscal year (line b divided by line c).

Is line d at least two percentage points higher than line a? Yes No 3) __________ a. Percent of all Section 8 families with children residing in low poverty census tracts in the PHA's principal operating area at the end of the second to last completed PHA FY.
__________ b. Number of Section 8 families with children who moved to low poverty census tracts during the last two completed PHA FYs. __________ c. Number of Section 8 families with children who moved during the last two completed PHA FYs. __________ d. Percent of all Section 8 mover families with children who moved to low poverty census tracts over the last two completed PHA FYs (line b divided by line c).

Is line d at least two percentage points higher than line a? Yes No If one of the 3 criteria above is met, the PHA may be eligible for 5 bonus points.

See instructions above concerning bonus points for State and regional PHAs.

Previous edition is obsolete ref. 24 CFR Part 985
form HUD-52648 (01/2024)

Pico Rivera City CouncilJuly 29, 2024

Pico Rivera City Council
July 29, 2024