*Commissioners receive a $30.00 stipend per each meeting held and attended. .
Tuesday, November 12, 2024
Regular Meeting 6:00 p.m.
Council Chamber
6615 Passons Boulevard
Next Resolution No. 7371
Next Ordinance No. 1188
Next Agreement No. 24-2402
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-109
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/Chairman/President:
Andrew C. Lara
Mayor Pro Tempore/Vice Chairman/Vice President:
John R. Garcia
Councilmembers/Directors/Commissioners:
Gustavo V. Camacho
Erik Lutz
Dr. Monica Sanchez
COMMISSIONERS SCHEDULED TO BE PRESENT:
Gloria Aguirre, Parks and Recreation Commission
Irma Acosta Tirado, Sister City Commission
INVOCATION:
PLEDGE OF ALLEGIANCE:
SPECIAL PRESENTATION(S):
• Certificates of Recognition – Utility Box Art Program Winners • Pure Water Project Presentation
• Strategy to Update the City’s Hazard Mitigation Plan Presentation
PLEASE TURN OFF OR SILENCE CELL PHONES WHILE THE 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) 11-12-2024 Agenda City Council
PUBLIC COMMENTS:
IF YOU WOULD LIKE TO COMMENT ON ANY LISTED AGENDA ITEMS OR NONAGENDA ITEMS, 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 ITEMS:
All items listed on the Consent Calendar may be acted on by a single motion without separate discussion. Any motion relating to a Resolution or Ordinance shall also waive the reading of the titles in full and include its adoption as appropriate. If discussion or separate vote on any item is desired by a Councilmember or staff, that item may be pulled from the Consent Calendar for separate consideration.
CONSENT CALENDAR:
City Council:
1. Minutes:
• City Council regular meeting October 22, 2024
Recommendation: Approve
2. 5th Warrant Register for the 2024-2025 Fiscal Year. (700) Check Numbers: 295847-295993
Special Check Numbers: None
Recommendation: Approve
3. Resolution Authorizing a Rivers and Mountains Conservancy Grant Application Submission for the Pad Park. (700)
Recommendation:
1. Approve a resolution authorizing the submittal of a grant application to the Proposition 1 Water Bond of 2014 Lower Los Angeles River Grant Program for the Passons Active Depot (PAD) Park Development Project; and
2. Authorize the City Manager or his designee to accept and execute all grantrelated documents and administer the grant, if awarded.
Resolution No. ______ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, AUTHORIZING THE APPLICATION
SUBMITTAL FOR GRANT FUNDS FOR THE CALIFORNIA WATER
QUALITY, SUPPLY, AND INFRASTRUCTURE IMPROVEMENT ACT OF
2014 (PROPOSITION 1) – LOWER LA RIVER, FOR THE PASSONS
11-12-2024 Agenda City Council
ACTIVE DEPOT (PAD) PARK DEVELOPMENT PROJECT (PAD
PROJECT)
4. Amendment to the Existing 2024-2027 Service Employees’ International Union – Directors Unit Memorandum of Understanding. (500) Recommendation:
1. Approve a resolution approving the new salary ranges for Service Employees’ International Union – Directors Union; and
2. Approve an amendment to the existing 2024-2027 SEIU – Directors Unit Memorandum of Understanding, Article 11, Section D, Subsection 1, Cashin-Lieu of Benefits Program and Appendix B – Salary Ranges for SEIU – Directors Unit Employees in accordance with the fairness provision in the Memorandum of Understanding effective from July 1, 2024, through June 30, 2027.
Resolution No. ______ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPROVING SALARY RANGES FOR THE SERVICE EMPLOYEES’ INTERNATIONAL UNION –
DIRECTORS UNIT PER MEMORANDUM OF UNDERSTANDING
FAIRNESS PROVISION
5. Accept Irrevocable Offer of Dedication of Easement for Public Street Purposes at 4642 Walnut Avenue. (1200)
Recommendation:
1. Approve a resolution accepting Irrevocable Offer of Dedication of easement for public street, sidewalk and parkway purposes at 4642 Walnut Avenue;
2. Authorize the City Manager or his designee to execute certificates of acceptance and cause the recordation of resolutions and certificates of acceptance; and
3. Authorize the City Clerk to record the Irrevocable Offer of Dedication and submit the resolutions and certificates of acceptance to the Los Angeles County Registrar-Recorder’s Office.
Resolution No. ______ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, ACCEPTING IRREVOCABLE
OFFER OF DEDICATION OF EASEMENT FOR STREET PURPOSES AT
4642 WALNUT AVENUE
6. Resolution Approving One Year Extension for Tentative Parcel Map No. 83251. (1300)
Recommendation:
1. Approve a resolution to extend Tentative Parcel Map No. 83251 for one (1) year.
Resolution No. ______ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPROVING A ONE YEAR
EXTENSION FOR TENTATIVE PARCEL MAP NO. 83251
11-12-2024 Agenda City Council
7. Purchase of Real Property Located at 8563-8565 Whittier Boulevard (APN:
6373-019-017,030). (500)
Recommendation:
1. Approve a resolution making findings pursuant to Government Code Section 65402 that the City of Pico Rivera’s (City) acquisition of real property located at 8563-8565 Whittier Boulevard (Property) is consistent with the City’s General Plan;
2. Approve a Purchase and Sale Agreement for the purchase of the Property and authorize the City Manager to execute the agreement in a form approved by the City Attorney; and
3. Find that the City’s acquisition of the Property is exempt from the California Environmental Quality Act (CEQA).
Resolution No. ______ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPROVING PURCHASE OF
REAL PROPERTY IDENTIFIED AS 8563-8565 WHITTIER BOULEVARD, PICO RIVERA, CALIFORNIA 90660 (APN: 6373-019-017,030), AND THE
MAKING OF FINDINGS IN CONNECTION THEREWITH
Agreement No. _________
8. Amendment No. 2 to Agreement No. 23-2206 with Cascadia Consulting Group, Inc. for the Development of a Climate Action and Adaptation Plan (Non-CIP No. 6770). (500)
Recommendation:
1. Approve Amendment No. 2 to Agreement No. 23-2206 with Cascadia Consulting Group, Inc., extending the term of the agreement to September 30, 2025; and
2. Authorize the City Manager to execute the amendment and all necessary grant fund-related documents in a form approved by the City Attorney.
Agreement No. 23-2206-2
9. Amendment to Concession Agreement No. 13-1407 with Leba, Inc.
Establishing a Rent Payment Credit for Major Improvements to the Pico Rivera Sports Arena. (500)
Recommendation:
1. Approve Amendment No. 2 to Concession Agreement No. 13-1407 with LEBA, Inc. (the "Concessionaire"), in a form approved by the City Attorney, to establish a rent payment credit for major improvements to the Pico Rivera Sports Arena that are consistent with the venue's operational objectives.
Agreement No.13-1407-2
10. Expansion of the Power Choice Solar and Battery Program and Amendment No. 1 to the Power Choice Program Management Agreement. (500) Recommendation:
1. Approve the expansion of the Pico Rivera Innovative Municipal Energy (PRIME) Power Choice Solar and Battery Storage program to include 11-12-2024 Agenda City Council
Commercial and Industrial Customers, and the Channel Partners program; and
2. Approve Amendment No. 1 to Agreement No. 23-2262 with Participate Energy, LLC (P.E.) in a form approved by the City Attorney and authorize the City Manager to negotiate and execute all contracts related to the expansion of the PRIME Power Choice Solar and Battery Program through a partnership with P.E.
Agreement No. 23-2262-1
11. Software Provider Agreement with Insight Public Sector, Inc., for the Licensing Renewal of the Microsoft Office 365 Government Plan for a 3-Year Term. (500)
Recommendation:
1. Authorize the City Manager to execute a Software Provider Agreement with Insight Public Sector, Inc. (Insight), in a form approved by the City Attorney, for the 3-year licensing renewal of the Microsoft Office 365 (Office 365) Government Plan for the City, in an amount not-to-exceed $230,238; and
2. Authorize the City Manager or his designee to approve change orders in an amount not-to-exceed 15% of the total agreement amount, as needed for unforeseen add-on and/or program purchases.
Agreement No. _________
12. Slauson Avenue Complete Street Study Implementation Agreement with Gateway Cities Council of Government (Non-CIP Project No. 30061). (500) Recommendation:
1. Approve a Slauson Avenue Complete Street Study Implementation Agreement with Gateway Cities Council of Government (Gateway COG) and authorize the City Manager to execute the agreement in a form approved by the City Attorney; and
2. Amend the fiscal year (FY) 2024-25 Adopted Budget by appropriating $30,000 in Proposition C Funds (Fund 206) to Account No. 206.70.7300.54500-Non-CIP30061.
Agreement No. _________
13. A Memorandum of Understanding Between The City Of Pico Rivera and the Part-Time Service Employees’ International Union, Local 721 for a Three-Year Term, July 1, 2024 through June 30, 2027. (500)
Recommendation:
1. Approve a Memorandum of Understanding (MOU) between the City of Pico Rivera and the Service Employees International Union (SEIU), Local 721 Part-time Unit for a three-year period (July 1, 2024 - June 30, 2027).
14. The Historic Whittier Boulevard Vision Plan and Amend the Historic Whittier Boulevard Multimodal Plan. (100)
Recommendation:
11-12-2024 Agenda City Council
1. Receive and file the Historic Whittier Boulevard Vision Plan, which articulates and illustrates the long-term goals and aspirations for future growth and development within the proposed Historic Whittier Boulevard study area; and
2. Approve an amendment to the Historic Whittier Boulevard Multimodal Plan to include the Preferred Alternative for the Pio Pico Park Bikeway Connector Project.
15. Granting an Electrical Easement to Southern California Edison for Utility Pole Anchor at Rivera Park. (1200)
Recommendation:
1. Grant an electrical easement to Southern California Edison for a utility pole anchor at Rivera Park and authorize the City Manager to execute the grant of easement.
16. Declaration of Designated Vehicles and Equipment as Surplus. (700) Recommendation:
1. Approve and declare the vehicles and equipment listed in Table 1 as surplus personal property and authorize the City Manager or his designee to execute all agreements necessary to facilitate the sale or disposal of vehicles.
17. Fiscal Year 2024-25 – First Quarter Budget Report as of September 30, 2024.
Recommendation: (700)
1. Receive and file the fiscal year (FY) 2024-25 First Quarter Budget Report as of September 30, 2024, which represents the balances and activity for the first quarter (July through September) of the 2024-25 fiscal year.
CONSENT CALENDAR ITEMS PULLED FOR FURTHER DISCUSSION
REGULAR AGENDA:
18. First Reading – Ordinance Amending Chapter 9.48, Mobilehome Rent Stabilization and Mobilehome Owner Protections. (1600)
Recommendation:
1. Introduce and waive the first reading of the ordinance, amending Chapter
9.48, Mobilehome Rent Stabilization and Mobilehome Owner Protections of the Pico Rivera Municipal Code; and
2. Find the ordinance not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060 (c) (2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060 (c) (3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines.
Ordinance No. ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, AMENDING CHAPTER 9.48
“MOBILEHOME RENT STABILIZATION AND MOBILEHOME OWNER
PROTECTIONS” TO TITLE 9 OF THE PICO RIVERA MUNICIPAL CODE (FIRST READING AND INTRODUCTION)
11-12-2024 Agenda City Council
CITY MANAGER/STAFF REPORTS
GOOD OF THE ORDER (INTERGOVERNMENTAL AGENCY MEETINGS, AB 1234
REPORTS, NEW BUSINESS, OLD BUSINESS)
CLOSED SESSION:
a. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representative: City Manager Carmona, Assistant City Manager Graves, and Human Resources Director Shirinian
Employee Organizations: Service Employees International Union Local 721 PartTime Unit b. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
City of Pico Rivera vs. Pico Water District
c. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: APN 6374-015-902 and 6375-016-906
Agency Negotiator: City Manager Steve Carmona
Negotiating parties: Alameda Corridor-East/Construction Authority Negotiation: Price and Terms
ADJOURNMENT:
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.pico-rivera.org, Pico Rivera Post Office and Parks: Smith, Pico and Rivera which are available for the public to view on this 7th, day of November 2024.
Dated 7th, day of November 2024.
Cynthia Ayala, CMC
City Clerk
11-12-2024 Agenda City Council
SB343 NOTICE
In compliance with and pursuant to the provisions of SB343 any public writing distributed by the City Clerk to at least a majority of the City Council Members regarding any item on this regular meeting agenda will be available on the City’s website.
STATEMENT REGARDING DECORUM AT CITY COUNCIL MEETINGS
If you wish to speak at the time set aside for public comments, the City Council has established the following standards and Rules of Decorum as allowed by State law. • Public comment is limited to those portions of the meeting referred to as Public Comments. These portions are intended for members of the public to address the City Council, Successor Agency, Housing Assistance Agency or Water Authority on matters related to agendas or any other items under the subject matter jurisdiction of the City Council or Agencies. Please fill out the desired color-coded card prior to the start of the meeting at 6:00 p.m. Once the meeting has begun, no further cards will be accepted. • A yellow Public Hearing Comment Request card must be completed to speak during a Public Hearing.
• A green Public Comment Request – Card is for those wishing to address the Council/Agency on agenda items or any other items under the subject jurisdiction of the City Council/Agency.
• Citizens may address the Council, Successor Agency or Housing Assistance Agency once for a maximum of three minutes. After each speaker returns to his/her seat, the Mayor shall determine the time and manner of response, but typically if answers are available, they will be given after all speakers have had an opportunity to address the City Council.
• Members of the audience are asked to refrain from clapping or otherwise speaking from their seats. Those not meeting the standards for decorum may be escorted from the meeting.
RULES OF DECORUM CAN BE FOUND IN THE PICO RIVERA MUNICIPAL CODE SECTION
2.08.050 AS ESTABLISHED BY ORDINANCE 783 ADOPTED ON AUGUST 20, 1990 AND AMENDED BY ORDINANCES 822 (SEPTEMBER 21, 1992) AND 1020 (MARCH 21, 2006).
Tuesday, October 22, 2024
A Regular Meeting of the City Council was held in the Council Chamber, Pico Rivera City Hall, 6615 Passons Boulevard, Pico Rivera, California.
Mayor Lara called the regular meeting to order at 6:02 p.m. on behalf of the City Council.
PRESENT: Camacho, Garcia, Lutz, Sanchez, Lara
ABSENT: None
COMMISSIONERS PRESENT:
• Bobbie Tanner, Veterans Commission
INVOCATION: Delivered by Mayor Lara
PLEDGE OF ALLEGIANCE: Led by Councilmember Dr. Sanchez
City Manager Carmona stated that a Certificate of Recognition honoring Lorine Alatorre was added to the agenda, as this item arose after the posting of the agenda.
SPECIAL PRESENTATION(S):
• A Certificate of Recognition was presented to Lorine Alatorre from Pacific Clinics recognizing her unwavering commitment to our community and her collaborative efforts with both the City and local law enforcement. Her efforts in delivering behavioral health services, social services, substance use treatment, and wellness programs has had a transformative effect on underprivileged and unhoused children, youth, adults, and families in our community.
PUBLIC COMMENTS:
Ruben Valencia:
• Addressed the City Council to express his support for the Military Order of the Purple Heart Monument.
Fernando Islas:
• Addressed the City Council to advocate for a resolution calling ceasefire in Palestine and asked for the resignation of Mayor Lara.
Bulldog Jesse:
• Addressed the City Council regarding the closed Vet Reserve Center and requested that Veteran Rodolfo Castillo’s name on the Memorial Monument. 1 10-22-24.CityCouncilMinutes
Lauren Talbott:
• Addressed the City Council regarding the upcoming events and programs at the Pico Rivera Library for the month of October, as well as the forthcoming opening of the Vote Center.
Mario Rosas:
• Addressed the City Council regarding his concerns about public safety at City events in relation to local activists.
CONSENT CALENDAR ITEMS:
City Council:
1. Minutes:
• Approved City Council regular meeting of October 8, 2024
2. Approved 4th Warrant Register of the 2024-2025 Fiscal Year. (700) Check Numbers: 295756-295846
Special Check Numbers: None
3. Resolution Updating the City of Pico Rivera’s Capital Asset Capitalization Policy. (700)
1. Approved Resolution No. 7368 updating the City of Pico Rivera’s Capitalization Policy.
Resolution No. 7368 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, UPDATING THE CITY OF PICO RIVERA’S CAPITAL ASSET CAPITALIZATION POLICY
4. Resolution Establishing a Job Description for the Full-Time Parks and Recreation Coordinator. (200)
1. Approved Resolution No. 7369 establishing a job description for the Parks and Recreation Coordinator.
Resolution No. 7369 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, ESTABLISHING A JOB
DESCRIPTION FOR THE FULL-TIME PARKS AND RECREATION
COORDINATOR
5. Memorandum of Understanding Between the City of Pico Rivera and The Service Employees’ International Union Full-Time Bargaining Unit Members for a Three-Year Term, July 1, 2024 Through June 30, 2027. (500)
1. Approved a Memorandum of Understanding between the City of Pico Rivera and the Service Employees International Union – Full-Time Bargaining Unit for a three-year period (July 1, 2024 - June 30, 2027). 10-22-24.CityCouncilMinutes
6. Memorandum of Understanding Between The City of Pico Rivera and the Mid-Manager, Professional and Confidential Employees’ Association for a Three-Year Term, July 1, 2024 Through June 30, 2027. (500)
1. Approved a Memorandum of Understanding between the City of Pico Rivera and the Mid-Manager, Professional and Confidential Employees’ Association for a three-year period (July 1, 2024 - June 30, 2027).
7. Side Letter Agreements for a Holiday Observance Date Change for Fiscal Year 2024-25. (500)
1. Approved side letter agreements between the City of Pico Rivera and the Service Employees International Union – Directors Bargaining Unit, Service Employees’ International Union – Local 721 Full-Time Bargaining Unit, and the Mid-Managers, Professional and Confidential Employees Association for a holiday observance date change.
Resolution No. 7370 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, APPROVE SIDE LETTER
AGREEMENTS BETWEEN THE CITY OF PICO RIVERA AND SERVICE
EMPLOYEES’ INTERNATIONAL UNION – DIRECTORS UNIT, SERVICE EMPLOYEES’ INTERNATIONAL UNION – LOCAL 721 FULL-TIME UNIT,
AND MID MANAGERS AND PROFESSIONAL & CONFIDENTIAL
EMPLOYEES ASSOCIATION FOR A HOLIDAY OBSERVANCE DATE
CHANGE FOR FISCAL YEAR 2024-2025
8. Amendment No. 2 to Agreement No. 21-2049, for Professional Services, and Information Technology Management Services with Infinity Technologies. (500)
1. Approved Amendment No. 2 to Agreement No. 21-2049 with Infinity Technologies for Information Technology (IT) Professional Services, with an estimated annual compensation of $180,000 and extend the term for an additional three (3) years for a not-to-exceed amount of $540,000 over the span of the three-year term extension;
2. Authorized the City Manager to execute the amendment in a form approved by the City Attorney; and
3. Authorized the City Manager or his designee to approve change orders in an amount not-to-exceed 15% of the total agreement amount, as needed for unforeseen services.
Agreement No. 21-2049-2
9. Annual Signing and Striping Improvements Project (CIP No. 50109) – Award Construction. (500)
1. Awarded a Construction Contract for a not-to-exceed amount of $343,787 to WGJ Enterprises, Inc., dba PCI (PCI), for the Annual Signing and Striping Improvements Project, CIP No. 50109 (Project) and authorize the City Manager to execute the contract in a form approved by the City Attorney;
2. Approved the plans and specifications for the Project; 10-22-24.CityCouncilMinutes
3. Authorized the Public Works Director to process change orders, as needed, in an amount not-to-exceed $68,800 (approximately 20% of the total contract amount) for construction contingency;
4. Amended the fiscal year (FY) 2024-25 Adopted Budget by transferring funding in the amount of $214,910 in Measure R Funds (Fund 207) from Account No. 207.70.7300-54500-CIP50081 Annual Signing & Striping (FY 2022-23) to Account No. 207.70.7300-54500-CIP50109; and
5. Approved the Notice of Exemption (NOE) for the subject project and authorized the City Clerk to file the NOE with the County Recorder, in accordance with the California Environmental Quality Act (CEQA).
Agreement No. 24-2391
10. Citywide Resurfacing and Reconstruction Project (CIP No. 50066) – Award Construction. (500)
1. Awarded a Construction Contract for a not-to-exceed amount of $4,209,000 to Onyx Paving Company, Inc., for the Citywide Resurfacing and Reconstruction Project, CIP No. 50066 (Project) and authorize the City Manager to execute the contract in a form approved by the City Attorney;
2. Approved the plans and specifications for the Project;
3. Authorized the City Manager or his designee to approve change orders, as needed, in an amount not-to-exceed $420,900 (approximately 10% of the total contract amount) for construction contingency; and
4. Approved the Notice of Exemption (NOE) for the subject project and authorized the City Clerk to file the NOE with the County Recorder, in accordance with the California Environmental Quality Act (CEQA).
Agreement No. 24-2392
11. Master Services Agreement with Netwatch North America, Inc., Extending Proactive Video Monitoring Services at Various City Sites. (500)
1. Authorized the City to enter into a Master Services Agreement and Addendums with Netwatch North America, Inc., in a form approved by the City Attorney to extend proactive video monitoring services at various City sites, as authorized under the City of Pico Rivera’s sole source procurement procedures, in an amount not-to-exceed $446,803 for the first three (3) years, beginning in December 2024, through December 2027, with the option for two (2), five-year (5-year) extensions.
Agreement No. 24-2393
12. Golf Course Fire Damage Repair Project (CIP No. F21345) – Amend Project Budget and Approve Construction Change Order No. 3. (500)
1. Approved Change Order No. 3 for the Golf Course Fire Damage Repair, CIP No. F21345 (Project), in the amount of $42,649 for a new not-toexceed construction amount of $741,201; 10-22-24.CityCouncilMinutes
2. Authorized the City Manager or his designee to execute Change Order No. 3 for the Project; and
3. Approved an additional appropriation of $42,650 from Fund 100 (General Fund) Undesignated Fund Balance GL Account No. 100.98.9800-56900 (Transfer Out) transferring to Fund 570 (Golf Course) GL Account No. 570.00.0000-47900 (Transfer In) and appropriate to GL Account No. 570.16.1620-54500-F21345 (Contracted Services).
13. First Quarter Treasurer’s Report and the Monthly Investment Transaction Report as of September 30, 2024 – Fiscal Year 2024-2025. (700)
1. Received and filed the Treasurer’s Report for the quarter ending September 30, 2024, which represents balances and activities for the first quarter (July through September) of the 2024-25 fiscal year; and
2. Received and filed the Treasurer’s Monthly Investment Transaction Report as of September 30, 2024.
Motion by Councilmember Camacho, seconded by Councilmember Dr. Sanchez to approve Consent Calendar Item Nos. 1 through 13. Motion carries by the following roll call vote:
AYES: Camacho, Garcia, Lutz, Sanchez, Lara
NOES: None
CONSENT CALENDAR ITEMS PULLED FOR FURTHER CLARIFICATION: None REGULAR AGENDA: None
CITY MANAGER/STAFF REPORTS:
Public Works Deputy Director Edwards delivered a brief update on the Mines Avenue Project reporting that the street paving has been completed and that parking striping is currently underway. The final phase of the project will involve the installation of shrubbery and landscaping, with an anticipated project completion date of midNovember. Mayor Lara requested that staff look into the accumulation of pine needles in front of Smith Park, to which Public Works Deputy Director Edwards responded in the affirmative.
General Manager Ferrer from the Office of Sustainability commented on the upcoming PRIME Power Choice Information and Sign-Up event on Saturday, October 26, 2024.
Parks and Recreation Director Yugar shared details about the upcoming Halloween Spooktacular event, set for Saturday, October 26th, which will feature a fireworks show.
Mayor Lara requested that staff prepare a public service announcement to inform the community about the anticipated fireworks display, to which City Manager Carmona responded in the affirmative.
GOOD OF THE ORDER (INTERGOVERNMENTAL AGENCY MEETINGS, AB 1234 REPORTS, NEW BUSINESS, OLD BUSINESS):
10-22-24.CityCouncilMinutes
Councilmember Lutz reported on his participation in the school beautification projects at North Ranchito Elementary School and The STEAM Academy at Burke. He expressed his interest in serving as a judge for the costume contest at the upcoming Halloween Spooktacular event and acknowledged the attendance of the local carpenters' union.
Additionally, he requested that staff look into the costs associated with installing palm trees for the Street Median Beautification Project; seconded by Mayor Lara.
Councilmember Dr. Sanchez reported on her attendance at the El Rancho High School Alumni Hall of Fame Induction event, the Pico Rivera Dons Homecoming game, and her participation in the school beautification project at The STEAM Academy at Burke. She also noted the presence of Veterans Commissioner Tanner and requested a brief update regarding the upcoming Veterans Day Ceremony. Commissioner Tanner confirmed that the Veterans Day Ceremony is scheduled for Monday, November 11th at 10:00 a.m. at the Veterans Monument on Mines Avenue.
Councilmember Camacho commented on the upcoming General Municipal Elections and extended his best wishes to his colleagues on their campaigns.
Recessed to Closed Session at 6:35 p.m.
ALL CITY COUNCIL MEMBERS WERE PRESENT
Reconvened from Closed Session at 6:56 p.m.
ALL CITY COUNCIL MEMBERS WERE PRESENT
CLOSED SESSION(S):
a. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Designated Representative: City Manager Carmona, Human Resources Director Shirinian, and Assistant City Manager Graves
Employee Organization: Service Employee International Union Local 721 Fulltime and Part-time Units, and Confidential Employees Association City Attorney Alvarez-Glasman stated the item was pulled from the agenda and was not heard.
b. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
City of Pico Rivera vs. Pico Water District
City Attorney Alvarez-Glasman stated that City Council received a briefing and direction was provided to legal counsel. No final action was taken and there was nothing further to report.
10-22-24.CityCouncilMinutes
c. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Ojeda v. City of Pico Rivera, Los Angeles Superior Court Case No. 23NWCV03925
City Attorney Alvarez-Glasman stated the item was pulled from the agenda and was not heard.
ADJOURNMENT:
Mayor Lara adjourned the City Council regular meeting at 6:58 p.m. There being no objection it was so ordered.
AYES: Camacho, Garcia, Lutz, Sanchez, Lara
NOES: None
_____________________________________
Andrew C. Lara, Mayor
ATTEST:
_______________________________
Cynthia Ayala, CMC, City Clerk
I hereby certify that the foregoing is a true and correct report of the proceedings of the City Council and Water Authority regular meeting dated October 22, 2024, and approved by the City Council on November 12, 2024.
________________________________
Cynthia Ayala, CMC, City Clerk
MEETING DATE: 11/12/2024
CHECK DATE STARTING ENDING AMOUNT
CHECK NUMBERS: 10/11/24-10/31/24 295847 295993 $2,688,945.86 ACH NUMBERS: 10/11/24-10/31/24 14401 14500 $1,715,095.88 PRE-NOTE 14469
TOTAL REGISTER AMOUNT: $ 4,404,041.74
5th WARRANT REGISTER OF THE 2024 - 2025 FISCAL YEAR
SPECIAL CHECKS/EFT
VOIDED CHECKS
2 Number Date Description Transaction Amount
295847 10/16/2024 10/23/2024 $294.90
Invoice Amount
46944 $177.06
49284 $117.84
295848 10/16/2024 10/22/2024 $70.00
Invoice Amount
637409 $35.00
637410 $35.00
295849 10/16/2024 10/29/2024 $420.12
Invoice Amount
241006025101 $103.07
241006069101 $317.05
295850 10/16/2024 10/29/2024 $1,200.00
Invoice Amount
10/03/24 $1,200.00
295851 10/16/2024 10/24/2024 $870.52
Invoice Amount
DJ PACKAGE FOR HALLOWEEN SPOOKTACULAR, 10/2/624
Accounts Payable CardsDirect, Inc.
Description
AFTER HOURS ANSWERING SVC WATER DIVISION
Accounts Payable Bryan Ramirez (DJ Beatdrop)
Description
Accounts Payable Ansafone Contact Center, Labell Exchange & BTE Com Description
After Hours Answering Services For Street Maintenance
Description
Monitoring of Alarm System At City Yard - September 2024 Monitoring of Alarm System At Parks & Rec Office - Septembe2024
SMALL TOOLS AND EQUIPMENT FOR STREET DIVISION
SMALL TOOLS & EQUIPMENT
Accounts Payable AM-TEC TOTAL SECURITY INC
CBC GenOpe - CBC General Operating
Check
Accounts Payable Alan's Lawnmower & Garden Center
Description
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
user: Georgina Maldonado Pages: 1 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
B2785668 $870.52
295852 10/16/2024 $5,059.92
Invoice Amount
RIV-AUG24 $5,059.92
295853 10/16/2024 10/24/2024 $150.00
Invoice Amount
94724 $150.00
295854 10/16/2024 10/25/2024 $1,038.19
Invoice Amount
2025-00000001 $1,038.19
295855 10/16/2024 10/21/2024 $31,290.00
Invoice Amount
L241669767 $31,290.00
295856 10/16/2024 10/25/2024 $66.47
Invoice Amount
1959499 $66.47
295857 10/16/2024 10/24/2024 $66.47
SENIOR CENTER MONTHLY SERVICE 10/01/24-10/31/24
Accounts Payable Culligan Water of Santa Ana
AUDIT SERVICES FOR SEPTEMBER 2024
Accounts Payable Culligan Water of Santa Ana
Description
REIMBURSEMENT FOR WATER FOR A CITY PROPERTY, 05/01/23-08/01/24 Accounts Payable CliftonLarsonAllen LLP
Description
PRE-EMPLOYMENT LIVE SCANS SEPTEMBER 2024
Accounts Payable CITY OF MONTEBELLO
Description
RECYCLED WATER TIER 1 FOR JULY 2024
Accounts Payable Certifix Live Scan
Description
MEMBERS CHRISTMAS CARDS
Accounts Payable Central Basin Municipal Water District Description
user: Georgina Maldonado Pages: 2 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
Invoice Amount
1955157 $66.47
295858 10/16/2024 10/24/2024 $1,907.98
Invoice Amount
P43115070102 $1,907.98
295859 10/16/2024 10/28/2024 $84.64
Invoice Amount
P43115070101 $84.64
295860 10/16/2024 10/22/2024 $175.00
Invoice Amount
19157 $175.00
295861 10/16/2024 10/24/2024 $2,264.40
Invoice Amount
141827 $754.80
141828 $754.80
141826 $754.80
295862 10/16/2024 10/24/2024 $12,830.00
Invoice Amount
Accounts Payable EUROFINS EATON ANALYTICAL, LLC
Description
SCISSOR LIFT FOR PICO PARK
SCISSOR LIFT FOR PICO PARK
SCISSOR LIFT FOR PICO PARK
SUPPLEMENTAL TRAINING
Accounts Payable EL CHEAPO LIFTS INC.
Description
SUPPLIES FOR RIVERA REACH SITE
Accounts Payable ECS Imaging Inc
Description
SUPPLIES FOR REACH SITES
Accounts Payable DISCOUNT SCHOOL SUPPLY
Description
SENIOR CENTER MONTHLY SERVICE 09/01/24-09/30/24
Accounts Payable DISCOUNT SCHOOL SUPPLY
Description
Description
user: Georgina Maldonado Pages: 3 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
3800057865 $65.00
3800058167 $65.00
3800059728 $130.00
3800059169 $3,375.00
3800060087 $4,500.00
3800060775 $195.00
3800062909 $4,500.00
295863 10/16/2024 10/22/2024 $85.02
Invoice Amount
2478-303 $85.02
295864 10/16/2024 10/23/2024 $471.43
Invoice Amount
73335474501 $471.43
295865 10/16/2024 10/24/2024 $3,081.23
Invoice Amount
IN7103289532 $3,081.23
295866 10/16/2024 10/23/2024 $302.79
Invoice Amount
001VA438 $302.79
Accounts Payable Harrington Industrial Plastics LLC
Description
PLANT MAINTENANCE SUPPLIES
Accounts Payable GoTo Communications, Inc.
Description
TELECOMMUNICATIONS SERVICES VOIP OCTOBER 2024
Accounts Payable Fun Express
Description
CRAFTS FOR SPECIAL EVENTS
Accounts Payable FASTSIGNS
Description
VINYL LETTERING FOR FLEET
WATER QUALITY SAMPLING
WATER QUALITY SAMPLING
WATER QUALITY SAMPLING
WATER QUALITY SAMPLING
WATER QUALITY SAMPLING
WATER QUALITY SAMPLING
WATER QUALITY SAMPLING
user: Georgina Maldonado Pages: 4 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
295867 10/16/2024 10/24/2024 $880.55
Invoice Amount
000481412 $880.55
295868 10/16/2024 10/29/2024 $368.78
Invoice Amount
003637 $94.47
003636 $274.31
295869 10/16/2024 10/25/2024 $1,180.64
Invoice Amount
691089167-00 $1,180.64
295870 10/16/2024 10/22/2024 $2,067.13
Invoice Amount
61665 $2,067.13
295871 10/16/2024 $11,285.75
Invoice Amount
PC 7197 $6,440.00
PC 7231 $3,345.75
BI 14842 $500.00
PLAN CHECK SVCS 08/01/24-08/31/24
BUILDING PERMITS SVCS 09/01/24-09/30/24
BUILDING INSPECTION SVCS 07/01/24-07/31/24
BUS TRANSPORATION FOR OCTOBERFEST, 10/05/24
Accounts Payable Jas Pacific, Inc.
Description
SUPPLIES FOR WATER DIVISION
Accounts Payable Inland Empire Stages, LTD
Description
TREES FOR PARKS, YOUTH CENTER
Accounts Payable Hosepower USA
Description
Accounts Payable Horizon Nursery
Description
TREES FOR PARKS, YOUTH CENTER
Accounts Payable HELPMATES STAFFING SERVICE, LLC
Description
TEMP EMPLOYEE, KATHERINE PALACIOS WEEK ENDING 9/15/24
user: Georgina Maldonado Pages: 5 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
BI 14862 $500.00
BI 14882 $500.00
295872 10/16/2024 $1,497.50
Invoice Amount
102624 $1,497.50
295873 10/16/2024 10/29/2024 $4,338.20
Invoice Amount
400044 $4,338.20
295874 10/16/2024 $8.00
Invoice Amount
849485 $8.00
295875 10/16/2024 10/23/2024 $735.02
Invoice Amount
33409557 $735.02
295876 10/16/2024 10/29/2024 $119.68
Invoice Amount
75134 $119.68
Description
WEEKLY ENROLLMENT NOTICES 9/25/24 & 10/2/24
Description
SPECIALTY TOOLS FOR WATER DIVISION
Accounts Payable Minuteman Press
Description
REFUND FOR SENIOR CENTER HALLOWEEN DANCE 10/31/24
Accounts Payable McMaster-Carr Supply Company
Description
JUMPERS FOR HALLOWEEN SPOOKTACULAR, 10/26/24
Accounts Payable MANCIA, GRACIELA
Description
DEPOSIT PAYMENT FOR CORN MAZE JUMPER 10/26/24
Accounts Payable Magic Jump Rentals Inc
BUILDING INSPECTION SVCS 08/01/24-08/31/24
BUILDING INSPECTION SVCS 09/01/24-09/03/24
Accounts Payable M & J Paul Enterprises Inc DBA Jolly Jumps user: Georgina Maldonado Pages: 6 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
295877 10/16/2024 10/29/2024 $7,145.00
Invoice Amount
03217516S $7,145.00
295878 10/16/2024 10/30/2024 $27.87
Invoice Amount
0049562-IN $27.87
295879 10/16/2024 10/23/2024 $160.00
Invoice Amount
1278 $160.00
295880 10/16/2024 10/23/2024 $300.00
Invoice Amount
56428 $300.00
295881 10/16/2024 10/22/2024 $3,736.34
Invoice Amount
IN0022258 $3,736.34
295882 10/16/2024 10/24/2024 $23,872.47
Invoice Amount
2024AUG-PICOWD-B $17,346.84
Description
UTILITIES FOR 8/15/24-9/17/24
Description
ASPHALT MATERIALS FOR STREET MAINTENANCE
Accounts Payable Pico Water District
Description
TRUST ADMIN SVCS MONTH END 8/31/24
Accounts Payable PB Loader Corporation
Description
SENIOR CENTER EVENT BALLONS DECOR
Accounts Payable PARS
Description
TOOLS AND EQUIPEMENT FOR STREETS DIVISION
Accounts Payable Ortiz, Nayleen
Description
SOFTWARE FEE ANNUAL- 11/01/24-10/31/25
Accounts Payable NATIONAL SIGNAL LLC
Accounts Payable MyRec.com
user: Georgina Maldonado Pages: 7 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
2024AUG-PICOWD-A $6,525.63
295883 10/16/2024 10/30/2024 $10.00
Invoice Amount
849443 $10.00
295884 10/16/2024 10/23/2024 $445.00
Invoice Amount
E 690438 $222.50
E 690610 $222.50
295885 10/16/2024 10/23/2024 $630.00
Invoice Amount
1285LD $630.00
295886 10/16/2024 10/29/2024 $388.63
Invoice Amount
20455 $388.63
295887 10/16/2024 $10.00
Invoice Amount
849400 REFUND FOR SENIOR CENTER DINNER AND MOVIE 10/09/24 $10.00
PAINT FOR STREET PAINTING/MARKINGS
Accounts Payable Ruth Solis
Description
BACKFLOW REPAIR
Accounts Payable Roadline Products Inc., USA
Description
BATTERY FOR CITY FLEET
Accounts Payable RIPPLE PLUMBING
Description
Accounts Payable Powerstride Battery Co. Inc.
Description
BATTERY FOR UNIT 103
Accounts Payable PINEDA, ALICIA
Description
REFUND FOR SENIOR CENTER DINNER AND MOVIE 10/09/24
UTILITIES FOR 8/15/24-9/17/24
user: Georgina Maldonado Pages: 8 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
295888 10/16/2024 10/22/2024 $560.00
Invoice Amount
0395 $200.00
0420 $170.00
6072 $20.00
0436 $170.00
295889 10/16/2024 10/22/2024 $916.44
Invoice Amount
2024SEPSANGABV-A $246.73
2024SEPSANGABV-B $422.98
2024SEPSANGABV-C $246.73
295890 10/16/2024 $10.00
Invoice Amount
849449 $10.00
295891 10/16/2024 10/23/2024 $1,221.26
Invoice Amount
711882 $610.63
711883 $610.63
295892 10/16/2024 10/28/2024 $1,539.50
FENCE RENTAL, 09/28/24-10/25/24 BEVERLY BL & ROSEMEAD BL Accounts Payable SOUTHERN TIRE MART, LLC
Accounts Payable So Cal Industries
Description
FENCE RENTAL 08/31/24-09/27/24, BEVERLY BLVD/ROSEMEAD BLVD Accounts Payable Sanchez, Helen
Description
REFUND FOR SENIOR CENTER DINNER AND MOVIE 10/09/24
UTILITIES 8/29/24-10/1/24
UTILITIES 8/29/24-10/1/24
UTILITIES 8/29/24-10/1/24
TIRE REPAIR FOR UNIT 208
Accounts Payable San Gabriel Valley Water Co
Description
TIRE MOUNT FOR CITY FLEET
TIRE MOUNT FOR UNIT 114
TIRE REPAIR FOR UNIT 240
Accounts Payable Salgado Tire Service
Description
user: Georgina Maldonado Pages: 9 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
Invoice Amount
7080019820 $602.97
7080019746 $298.59
7080019781 $637.94
295893 10/16/2024 10/24/2024 $192.00
Invoice Amount
767283 $192.00
295894 10/16/2024 $10.00
Invoice Amount
849450 $10.00
295895 10/16/2024 10/22/2024 $1,657.53
Invoice Amount
C1AF2G $1,657.53
295896 10/16/2024 10/25/2024 $1,938.16
Invoice Amount
43007 $903.38
43006 $1,034.78
295897 10/16/2024 10/23/2024 $1,818.00
FALL FOTSAL UNIFORMS
Accounts Payable TRUSAIC
Accounts Payable Triangle Sports, Inc.
Description
JR HOOPSTAR UNIFORMS FALL
Accounts Payable TOTAL CLEAN
Description
Equipment Maintenance & Supplies For Unit # 510
Accounts Payable Torres, Elizabeth
Description
REFUND FOR SENIOR CENTER DINNER AND MOVIE 10/09/24
Accounts Payable State of California Dept of Justice
Description
FINGERPRINT APPS SEPTEMBER 2024
TIRES FOR CITY FLEET
COMMERCIAL TIRES FOR CITY FLEET
COMMERCIAL TIRES FOR CITY FLEET
Description
user: Georgina Maldonado Pages: 10 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
Invoice Amount
CINV-037914 $1,818.00
295898 10/16/2024 10/23/2024 $172.02
Invoice Amount
5403826397 $78.83
5403856188 $93.19
295899 10/16/2024 10/23/2024 $1,259.53
Invoice Amount
2190235285 $306.00
2190238456 $306.00
2190232042 $306.00
2190228639 $341.53
295900 10/16/2024 $5,625.00
Invoice Amount
24-019 $5,625.00
295901 10/16/2024 10/30/2024 $190.00
Invoice Amount
61821 $65.00
61385 $125.00
Description
TOWING SVCS, UNIT 402
TOWING SVCS, UNIT 287
Description
STAGE AND AUDIO FOR HALLOWEEN SPOOKTACULAR 10/26/24
Accounts Payable VERNOLA'S TOWING SERVICE
UNIFORM RENTAL SVCS
UNIFORM RENTAL SVCS
Accounts Payable VCS Sound Lighting
Description
UNIFORM RENTAL SVCS
UNIFORM RENTAL SVCS
PROPANE FOR ASPHALT MAINTENANCE
PROPANE FOR ASPHALT MAINTENANCE
Accounts Payable UNIFIRST CORPORATION
NOVEMBER 2024 ACA PAYMENT
Accounts Payable Uhaul
Description
Description
user: Georgina Maldonado Pages: 11 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
295902 10/16/2024 10/25/2024 $585.00
Invoice Amount
2472 $350.00
3262 $235.00
295903 10/16/2024 10/22/2024 $1,448.76
Invoice Amount
768681 $1,448.76
295904 10/24/2024 10/30/2024 $7,000.00
Invoice Amount
202410-0059 $7,000.00
295905 10/24/2024 $504.23
Invoice Amount
2439-24 $504.23
295906 10/24/2024 $4,716.00
Invoice Amount
1664 $4,716.00
295907 10/24/2024 $236.21
PROFESSIONAL SVCS THROUGH 9/30/24, LHMP UPDATE
Accounts Payable Auto-Chlor System
FLYERS FOR HALLOWEEN EVENTS FOR SCHOOLS
Accounts Payable ATLAS PLANNING SOLUTIONS
Description
Advocacy support related to Whittier Narrows Dam, October 2024 Accounts Payable American Marker
Description
SAND FOR WATER DIVISION
Accounts Payable ACTUM CA OPCO, LLC
Description
BEE REMOVAL SVCS 7641 CROSSWAY
Accounts Payable West Coast Sand & Gravel, Inc.
Description
Accounts Payable WEBSTER'S BEE REMOVAL SERVICE
Description
BEE REMOVAL SVCS 9412 LOCHINVAR GAS METER BOX
user: Georgina Maldonado Pages: 12 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
Invoice Amount
244100501244 $236.21
295908 10/24/2024 $397.71
Invoice Amount
102424 $397.71
295909 10/24/2024 $931.53
Invoice Amount
10-9-24-09 $931.53
295910 10/24/2024 $47,280.08
Invoice Amount
22007-9 $47,280.08
295911 10/24/2024 $920.21
Invoice Amount
RE-PW24100701824 $920.21
295912 10/24/2024 10/29/2024 $3,591.80
Invoice Amount
RE-PW24100701778 PROFESSIONAL SVCS THROUGH 09/2024, IW PICO RIVERA $3,591.80 PROFESSIONAL SVCS THROUGH 09/2024, INSPECTION OF SAN GABRIEL RIV Accounts Payable County of Los Angeles Dept of Public Works Description
Washington Blvd. over Rio Hondo Channel Bridge 7/1/24-8/23/24 Accounts Payable County of Los Angeles Dept of Public Works Description
CATERING SVCS FOR SENIOR CENTER DINNER AND MOVIES, 10/09/24 Accounts Payable CNS Engineers, Inc.
Description
EMPLOYEE DEDUCTION FOR P/E 10/18/24
Accounts Payable Catering by Herach & Ara
Description
SENIOR CENTER MONTHLY SVCS MAINTENANCE
Accounts Payable BMG Money, Inc
Description
Description
user: Georgina Maldonado Pages: 13 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
295913 10/24/2024 10/29/2024 $450.00
Invoice Amount
E 2106784 SN $225.00
E 2106783 SN $225.00
295914 10/24/2024 10/29/2024 $528.76
Invoice Amount
C-3538 $528.76
295915 10/24/2024 $75.00
Invoice Amount
COMSTP101024-RS $75.00
295916 10/24/2024 10/30/2024 $110.41
Invoice Amount
2478-325 $59.42
2478-386 $50.99
295917 10/24/2024 10/30/2024 $16,470.71
Invoice Amount
240918 $16,470.71
295918 10/24/2024 10/30/2024 Accounts Payable FUENTES, LILIANA $300.00 Accounts Payable Fiesta Cooperative Inc.
Description
DIAL-A-TAXI SEPTEMBER 2024
Description
VINYL LETTERING FOR CITY FLEET
VINYL NUMBERS FOR CITY FLEET
Description
COMMISSIONER STIPEND FOR MEETING 10/10/24
Accounts Payable FASTSIGNS
Description
GRAFFITI ABATEMENT SUPPLIES
Accounts Payable ESTRADA SANTOS, ROCIO
ELEVATOR INSPECTION FEES, CITY HALL
ELEVATOR INSPECTION FEES, CITY HALL
Accounts Payable Envirotek
Accounts Payable Department of Industrial Relations, OSIP Description
user: Georgina Maldonado Pages: 14 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
Invoice Amount
0473 $300.00
295919 10/24/2024 $660.95
Invoice Amount
73359879401 $660.95
295920 10/24/2024 10/30/2024 $75.00
Invoice Amount
COMSTP101424-DG $75.00
295921 10/24/2024 $1,488.24
Invoice Amount
9272858334 $314.88
9276197218 $8.27
9276334910 $42.98
9276197226 $167.49
9277700408 $47.72
9274258400 $195.18
9279858410 $711.72
295922 10/24/2024 10/30/2024 $590.21
Invoice Amount
Accounts Payable Grainger
Description
SMALL TOOLS & EQUIPMENT
SMALL TOOLS & EQUIPMENT
PLUMBING SUPPLIES FOR FACILITIES
SMALL TOOLS & EQUIPMENT
SMALL TOOLS & EQUIPMENT
SMALL TOOLS & EQUIPMENT
Accounts Payable Grainger
Description
SMALL TOOLS FOR FACILITIES
Accounts Payable GARCIA, DANIEL, AUGUSTINE
Description
COMMISSIONER STIPEND FOR MEETING 10/14/24
Accounts Payable Fun Express
Description
CARNIVAL GAME PRIZES FOR HALLOWEEN SPOOKTACULAR 10/26/24 Description
CANCELLATION FEE FOR EVENT ON 10/26/24
user: Georgina Maldonado Pages: 15 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
9279858402 $590.21
295923 10/24/2024 10/30/2024 $17,591.68
Invoice Amount
GSI-PRSPAC-02 $17,591.68
295924 10/24/2024 $7,616.96
Invoice Amount
000483776 $3,061.20
000483777 $794.61
000484542 $3,136.67
000484543 $624.48
295925 10/24/2024 10/30/2024 $217.97
Invoice Amount
64007 $3.34
76043 $214.63
295926 10/24/2024 10/29/2024 $7,192.50
Invoice Amount
101-40939-01 $7,192.50
295927 10/24/2024 $1,293.75
CANDY FOR HALLOWEEN EVENT
Accounts Payable Jas Pacific, Inc.
SMALL TOOLS & EQUIPMENT FOR WATER DIVISION
Accounts Payable Jacks Candy
Description
Accounts Payable Industrial Pipe & Steel Company
Description
MAINTENANCE SUPPLIES FOR FACILITIES
TEMPORARY EMPLOYEE, KATHERINE PALACIOS WEEK ENDING 10/6/24 TEMPORARY EMPLOYEE, TERESA SANCHEZ AND NICOLE CASTILLO, 10/13/24 TEMPORARY EMPLOYEE, KATHERINE PALACIOS 10/13/24
Accounts Payable HELPMATES STAFFING SERVICE, LLC
Description
TEMPORARY EMPLOYEES, NICOLE CASTILLO AND TERESA SANCHEZ 10/6/24 Accounts Payable GRIFFIN STRUCTURES, INC.
Description
Smith Park Aquatic Center Renovation Project, September 2024
PLUMBING SUPPLIES FOR FACILITIES
user: Georgina Maldonado Pages: 16 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
Invoice Amount
PC 7197-PW $575.00
PC 7231-A $718.75
295928 10/24/2024 10/30/2024 $1,255.80
Invoice Amount
145571-145579 $1,255.80
295929 10/24/2024 10/29/2024 $9.60
Invoice Amount
6023781 $9.60
295930 10/24/2024 10/29/2024 $924,042.43
Invoice Amount
250640TZ $924,042.43
295931 10/24/2024 10/29/2024 $70.82
Invoice Amount
102424 $70.82
295932 10/24/2024 10/30/2024 $75.00
Invoice Amount
COMSTP101024-ML $75.00
Description
COMMISSIONER STIPEND FOR MEETING 10/10/24
Description
EMPLOYEE DEDUCTION FOR P/E 10/18/24
Accounts Payable LIZARRAGA, MARICELA
Description
LAW ENFORCEMENT SVCS SEPTEMBER 2024
Accounts Payable Levying Officer
Description
METRO 30 DAY SENIOR PASS
Accounts Payable LA County Sheriffs Department
Description
BEGINNER GYMNASTICS & TUMBLING, 10/01/24-10/21/24
Accounts Payable L.A. County Metropolitan Trans Authority (TAP)
PLAN CHECKS SVCS FOR COUNCIL CHAMBER AND DOG PARK
SMITH PARK AQUATIC CENTER PLAN CHECK
Accounts Payable KIDZ TALENT ACADEMY LLC
Description
user: Georgina Maldonado Pages: 17 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
295933 10/24/2024 $1,497.50
Invoice Amount
102624-B $1,497.50
295934 10/24/2024 10/28/2024 $3,000.00
Invoice Amount
2024HALLOWEENCAS $3,000.00
295935 10/24/2024 10/30/2024 $200.00
Invoice Amount
103125WEDDCANCEL $200.00
295936 10/24/2024 $3,255.00
Invoice Amount
2032 $3,255.00
295937 10/24/2024 10/30/2024 $667.02
Invoice Amount
RA101002521:01 $667.02
295938 10/24/2024 10/29/2024 $4,504.75
Invoice Description Amount
Description
RELACE ENTRY DOOR GLASS
Accounts Payable Moore Iacofano & Goltsman Inc
Description
PUBLIC RELATIONS AND MEDIA SVCS SEPTEMBER 2024
Accounts Payable MODEL 1 COMMRECIAL VEHICLES, INC
Description
WEDDING CANCELLATION DEPOSIT AT GOLF COURSE, 10/31/2025 Accounts Payable Milagro Media Strategies
Description
STARTING CASH FOR HALLOWEEN EVENT BOOTHS
Accounts Payable MENA, EMILY
Description
FINAL PAYMENT FOR CORN MAZE JUMPER 10/26/24
Accounts Payable Martinez, Juliean
Accounts Payable M & J Paul Enterprises Inc DBA Jolly Jumps user: Georgina Maldonado Pages: 18 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
0088079 $4,504.75
295939 10/24/2024 $27,250.00
Invoice Amount
33-187 $27,250.00
295940 10/24/2024 $75.00
Invoice Amount
COMSTP101424-GP $75.00
295941 10/24/2024 $6,400.00
Invoice Amount
2024POSTMASTNOV $6,400.00
295942 10/24/2024 $600.00
Invoice Amount
2024-1410 $300.00
2024-1674 $300.00
295943 10/24/2024 $107.00
Invoice Amount
102424 $107.00
Accounts Payable SEIU Local 721-COPE
Description
COPE FEES FOR P/E 10/18/24
Description
TEMPORARY USE PERMIT #2024-1410, FOR A CARSHOW FUNDRAISING TEMPORARY USE PERMIT #2024-1674, FOR A FUNDRAISING EVENT Description
MONTHLY PROFILE POSTAGE CHECK 3 AND 4, NOVEMBER AND WINTER Accounts Payable Saint Hilary Catholic Church
Description
COMMISSIONER STIPEND FOR MEETING 10/14/24
Accounts Payable Postmaster-Santa Fe Springs Post Office Description
SOUND PANELS FOR PICO PARK GYM
Accounts Payable PEREZ, GILBERT, J.
Major Corridors Median Beautification Project, August 2024 Accounts Payable NETWELL NOISE CONTROL, LLC
user: Georgina Maldonado Pages: 19 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
295944 10/24/2024 $4,375.00
Invoice Amount
6184 $4,375.00
295945 10/24/2024 $10,185.73
Invoice Amount
464722Z $10,185.73
295946 10/24/2024 $24.58
Invoice Amount
559201 $24.58
295947 10/24/2024 10/29/2024 $228,750.00
Invoice Amount
INV#13626 $228,750.00
295948 10/24/2024 10/29/2024 $2,756.25
Invoice Amount
17262 $2,756.25
295949 10/24/2024 $40,792.50
Invoice Amount
76842 $15,592.50
Accounts Payable SOUTHWEST PATROL, INC.
Description
SECURITY SVCS, 9/1/24-9/15/24
Accounts Payable SOUTHERN CALIFORNIA TRUCK BODIES & SALES, INC.
Description
OUTFITTING FOR UNIT 262
Accounts Payable SOUNDTHINKING, INC.
Description
YEAR 1 SHOTSPOTTER SUBSCRIPTION SVCS FOR 9/25/24-9/24/25 Accounts Payable So Calif Edison Company
Description
INSTALL SPLICE BOX AND NEW PADMOUNT TRANSFORMER WELL NO 5 Accounts Payable SNA SPORTS GROUP, LLC
Description
BACK BOARDS FOR PICO PARK GYM
Accounts Payable SET MEDICS LLC
Description
AMBULANCE SVCS FOR EL GRITO FIESTES
user: Georgina Maldonado Pages: 20 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
76930 $13,200.00
77168 $12,000.00
295950 10/24/2024 $300.00
Invoice Amount
2024-1528 $300.00
295951 10/24/2024 $70.00
Invoice Amount
GRADE D-1 AG $70.00
295952 10/24/2024 $2,300.00
Invoice Amount
31406 $2,300.00
295953 10/24/2024 $370.00
Invoice Amount
RG 3748412 $175.00
RG 3764554 $195.00
295954 10/24/2024 10/29/2024 $81.00
Invoice Amount
145546-145558 $81.00
Accounts Payable TAMEZ, VICTORIA, ANN
Description
ACTING WORKSHOP SCENE STUDY 10/09/24-10/23/24
Description
MOVIE LICENSE SENIOR CENTER 10/17/24-10/17/24
SENIOR CENTER MOVIE LICENSE FEE, 11/07/24-11/07/24
Description
TRAINS FOR HOLIDAY TREE LIGHTING, 11/23/24
Accounts Payable Swank Motion Pictures Inc
Description
EXAMINATION CERTIFICATION FOR ALEJANDRO GONZALEZ
Accounts Payable Super Birthday, Inc
Description
TEMPORARY USE PERMIT #2024-1528 FOR A FUNDRAISING EVENT Accounts Payable State Water Resources Control Board (SWRCB) SECURITY SVCS, 9/18/24-9/29/24
SECURITY SVCS, 10/2/24-10/13/24
Accounts Payable St. Francis Xavier Church
user: Georgina Maldonado Pages: 21 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
295955 10/24/2024 $75.00
Invoice Amount
COMSTP101424-BT $75.00
295956 10/24/2024 10/29/2024 $440.00
Invoice Amount
43183 $255.00
43219 $185.00
295957 10/24/2024 10/30/2024 $2,755.00
Invoice Amount
52318337 $2,755.00
295958 10/24/2024 $652.67
Invoice Amount
21300 $652.67
295959 10/24/2024 10/29/2024 $6,119.80
Invoice Amount
0055890 $1,088.70
0055894 $5,031.10
PROFESSIONAL SVCS SEPTEMBER 2024, SCHOOL XING IMP.
PROFESSIONAL SVCS SEPTEMBER 2024, HSIP GRANT APPLICATIONS
MILITARY FLAGS FOR FACILITIES
Accounts Payable TJKM Transportation Consultants
Description
Professional Svcs thru 9/27/24 Replacement 10,000 LF wtr lines Accounts Payable The Flag Shop
Description
SENIOR CENTER FITNESS EQUIPMENT SVCS CALL, 10/10/24
Accounts Payable Tetra Tech, Inc
Description
Accounts Payable TechnoFit
Description
SENIOR CENTER FITNESS ROOM EQUIPMENT MAINTENANCE
Accounts Payable TANNER, BOBBIE, L.
Description
COMMISSIONER STIPEND FOR MEETING 10/14/24
user: Georgina Maldonado Pages: 22 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
295960 10/24/2024 10/30/2024 $325.27
Invoice Amount
2190241821 $325.27
295961 10/24/2024 $470.00
Invoice Amount
2468 $235.00
3255 $235.00
295962 10/24/2024 10/29/2024 $109,470.00
Invoice Amount
220308 $59,376.00
219636 $50,094.00
295963 10/24/2024 10/28/2024 $935,530.21
Invoice Amount
7-50076 $454,542.84
7-50076-A ($22,727.14)
8-50075 $530,225.80
8-50075-A ($26,511.29)
295964 10/28/2024 $114.00
Account Type
PROFESSIONAL SVCS TO 8/31/24, MAJOR CORRIDOR
Utility Management
Refund
ALAMO, SARA
Description Transaction Date Transaction Type
PROFESSIONAL SVCS TO 8/31/24, ROSEMEAD MEDIANS
PROFESSIONAL SVCS TO 8/31/24, ROSEMEAD MEDIANS
PROFESSIONAL SVCS TO 8/31/24, MAJOR CORRIDOR
GRID PRUNING 9/1/24-9/15/24
Accounts Payable URBAN HABITAT
Description
Accounts Payable West Coast Arborists, Inc
Description
GRID PRUNE AND TREE MAINTENANCE 9/16/24-9/30/24
Description
BEE REMOVAL SVCS-9040 ROSEHEDGE ST
BEE REMOVAL SVCS- 9615 SCHOOLING RD
Description
UNIFORM RENTAL SVCS
Accounts Payable WEBSTER'S BEE REMOVAL SERVICE
Accounts Payable UNIFIRST CORPORATION
user: Georgina Maldonado Pages: 23 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
Single-Family Residential
295965 10/28/2024 $22.16
295966 10/28/2024 $50.49
295967 10/28/2024 $100.72
295968 10/28/2024 $14.90
295969 10/28/2024 $99.97
295970 10/28/2024 $16.42
295971 10/28/2024 $76.25
295972 10/30/2024 $935.04
Invoice Amount
49282 $793.79
53667 $141.25
295973 10/30/2024 $12,652.58
Invoice Amount
2024-08-21200 $12,652.58
295974 10/30/2024 $57.96
Invoice Amount
RE-PW24100702127 $57.96
295975 10/30/2024 $18,868.80
Traffic Signal maintenance through September 2024
Accounts Payable CPACINC.COM
LEGAL SVCS AUGUST 2024
Accounts Payable County of Los Angeles Dept of Public Works Description
SMALL TOOLS FOR EQUIPMENT FOR PARK MAINTENANCE
Accounts Payable Alvarez-Glasman & Colvin
Description
Accounts Payable Alan's Lawnmower & Garden Center
Description
Small Tools & Equipment For Street Maintenance
Utility Management
Refund
MORALES, GABRIEL
Utility Management
Refund
PARAGAS, FERDINAND
Utility Management
Refund
WELDERUFAEL, MIRIAM
Utility Management
Refund
HARRIS, RICHARD
Utility Management
Refund
LIN , CRISTINA
Utility Management
Refund
MACIAS, CONNIE
10/16/2024 Refund Adjustment
Utility Management
Refund
ARGUETA, ZULMA
user: Georgina Maldonado Pages: 24 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
Invoice Amount
SI-1300175 $18,868.80
295976 10/30/2024 $25,382.13
Invoice Amount
7762 $25,382.13
295977 10/30/2024 $8.00
Invoice Amount
849741 $8.00
295978 10/30/2024 $4,446.12
Invoice Amount
000485319 $753.15
000485318 $3,061.20
000482973 $631.77
295979 10/30/2024 $2,179.58
Invoice Amount
SIN043770-A $2,179.58
295980 10/30/2024 $1,250.00
Invoice Amount
Accounts Payable Keenan & Associates
Description
Accounts Payable Hinderliter, De Llamas & Associates
Description
SALES TAX OCTOBER-DECEMBER 2024
TEMPORARY EMPLOYEE, KATHERINE PALACIOS 10/17/24
TEMPORARY EMPLOYEE, TERESA SANCHEZ AND NICOLE CASTILLO 10/17/24 TEMPORARY EMPLOYEE, KATHERINE PALACIOS 09/29/24
REFUND FOR SENIOR CENTER HALLOWEEN DANCE
Accounts Payable HELPMATES STAFFING SERVICE, LLC
Description
Purchase 6 Tellus Power Dual Port Charging Stations
Accounts Payable FIERRO, MARGARET
Description
Barracuda email protection advanced Gateway Defense
Accounts Payable EVGATEWAY
Description
Description
user: Georgina Maldonado Pages: 25 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
313444 $1,250.00
295981 10/30/2024 $150.00
Invoice Amount
50066-CITYWIDE $75.00
50109-ANNUAL $75.00
295982 10/30/2024 $151.22
Invoice Amount
75407 $151.22
295983 10/30/2024 $4,190.00
Invoice Amount
92407020 $4,190.00
295984 10/30/2024 $135.00
Invoice Amount
2128686 $135.00
295985 10/30/2024 $139.81
Invoice Amount
E 691091 BATTERY FOR CITY FLEET $139.81
PAY PHONE FOR CITY HALL & PUBLIC LIBRARY, 11/01/24-11/30/24 Accounts Payable Powerstride Battery Co. Inc.
Description
SENIOR CENTER PARTITION REPAIR
Accounts Payable Pacific Telemanagement Services (PTS)
Description
WEEKLY ENROLLMENT NOTICES 10/9/24 & 10/16/24
Accounts Payable PACIFIC SOUND CONTROL
Description
FILING FEE FOR CIP 50109 ANNUAL SIGNING AND STRIPING PROJECT Accounts Payable Minuteman Press
Description
Accounts Payable LA County/Registrar-Recorder County Clerk Description
FILIING FEE FOR CIP 50066, CITYWIDE RESURFACING PROJECT OCTOBER 2024, INSTALLMENT 4
user: Georgina Maldonado Pages: 26 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
295986 10/30/2024 $35,000.00
Invoice Amount
59321 $35,000.00
295987 10/30/2024 $762.15
Invoice Amount
61332214 $762.15
295988 10/30/2024 $40.00
Invoice Amount
6229 $40.00
295989 10/30/2024 $130.00
Invoice Amount
INST2024-PICO $130.00
295990 10/30/2024 $382.67
Invoice Amount
160912415-0001 $382.67
295991 10/30/2024 $1,580.46
Invoice Amount
13230 CCA Customer Program Professional Services 9/10/24-9/30/24 $1,580.46
MAINTENANCE SUPPLIES FOR WATER DIVISION
Accounts Payable Tripepi, Smith and Associates, Inc.
Description
54TH ANNUAL SCMAF INSTITUTE YORBA LINDA
Accounts Payable Sunbelt Rentals, Inc.
Description
TIRE REPAIR FOR UNIT 125
Accounts Payable Southern California Municipal Athletic Federation Description
METER RENTALS 10/01/24-12/31/24
Accounts Payable Salgado Tire Service
Description
SPECIAL FIREWORKS DISPLAY FOR HALLOWEEN SPOOKTACULAR 10/26/24 Accounts Payable Quadient Leasing USA, Inc.
Description
Accounts Payable Pyro Spectaculars, Inc.
Description
user: Georgina Maldonado Pages: 27 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
295992 10/30/2024 $764.98
Invoice Amount
2190244753 $361.40
2190248067 $403.58
295993 10/30/2024 $72.77
Invoice Amount
416558 $72.77
$2,688,945.86
14401 10/15/2024 $136,620.83
Invoice Amount
10/15/2024 $136,620.83
14402 10/16/2024 $39,873.02
Invoice Amount
SA101124 $39,873.02
14403 10/16/2024 $1,432.90
Invoice Amount
145532-145534 BALLET JAZZ AND TAP COMBO, 09/03/24-10/08/24 $1,432.90 PAYROLL FOR GOLF COURSE 9/21/24-10/4/24
Accounts Payable Elysian Arts & Events, LLC (SoCa Arts) Description
PR WATER AUTHORITY REVENUE BONDS, 1999 SERIES OCTOBER 2024 Accounts Payable (Troon) Indigo Sports, LLC
Description
EFT
Accounts Payable US Bank Corporate Trust Services
Description
Description
TOP SOIL FOR WATER DIVISION
Type Check Totals:
UNIFORM RENTAL SVCS
UNIFORM RENTAL SERVICE
Accounts Payable Whittier Fertilizer Company
Accounts Payable UNIFIRST CORPORATION
Description
user: Georgina Maldonado Pages: 28 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
14404 10/16/2024 $5,521.60
Invoice Amount
0513539 $242.92
0513538 $24.20
0513540 $49.47
0513541 $10.98
0514646 $30.16
0514647 $2,224.67
0513533 $20.00
0513535 $508.45
0513534 $123.47
0513537 $1,755.81
0514776 $269.43
0513536 $38.04
0514775 $224.00
14405 10/16/2024 $1,887.30
Invoice Amount
826083156 $219.40
827463530 $355.09
827508904 $234.50
827287970 JANITORIAL SUPPLIES FOR PARKS $1,078.31
JANITORIAL SUPPLIES FOR PARKS
JANITORIAL SUPPLIES FOR PARKS
JANITORIAL SUPPLIES FOR PARKS
SHREDDING SVCS SEPTEMBER 2024
Accounts Payable Home Depot
Description
STORAGE & SHREDDING SVCS SEPTEMBER 2024, FINANCE
GRM Citywide biannual one-time shred, September 2024
SHREDDING SVCS SEPTEMBER 2024, HUMAN RESOURCES
ACCOUNT MAINTENANCE FEE, SEPTEMBER 2024
SHREDDING SVCS SEPTEMBER 2024, CED
SHREDDING SVCS SEPTEMBER 2024, CITY CLERK
INITIAL MOVE-IN FEE, SEPTEMBER 2024
SHREDDING SVCS SEPTEMBER 2024, HOUSING
CED SCANNING PROJECT SEPTEMBER 2024
SHREDDING SVCS SEPTEMBER 2024, PW
SHREDDING SVCS SEPTEMBER 2024, PARKS & REC
SHREDDING SVCS SEPTEMBER 2024, BUILDING DIVISION
Accounts Payable GRM Information Management Services, Inc Description
user: Georgina Maldonado Pages: 29 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
14406 10/16/2024 $551.25
Invoice Amount
126091 $551.25
14407 10/16/2024 $90.00
Invoice Amount
FALLWK9'24 $90.00
14408 10/16/2024 $5,930.60
Invoice Amount
34349 $5,930.60
14409 10/16/2024 $4,075.87
Invoice Amount
S-01131645 $294.49
R-00533607 $3,781.38
14410 10/16/2024 $1,920.00
Invoice Amount
145598 $1,920.00
14411 10/16/2024 $1,384.34
Description
TIKI TAKA SOCCER, 09/04/24-10/16/24
Accounts Payable Shoeteria, Inc.
Service Call - Battery Replacement at Plant #2
Monitoring of alarm system at Water Plants 8/1/24 - 10/31/24 Accounts Payable Serrano, Leon
FUEL ADJUSTMENT SEPTEMBER 2024
Accounts Payable Security Signal Devices
Description
OFFICIATING SVCS 10/10/24
Accounts Payable Nationwide Environmental Services
Description
Traffic Control Materials & Street Signs
Accounts Payable Martinez, Ben
Description
Accounts Payable JCL Traffic Services
Description
user: Georgina Maldonado Pages: 30 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
Invoice Amount
0072927-IN $200.00
0072509-IN $196.98
0073119-IN $199.42
0073030-IN $199.42
0073112-IN $200.00
0072666-IN $188.52
0073120-IN $200.00
14412 10/16/2024 $17,157.34
Invoice Amount
24MS35-01 $17,157.34
14413 10/16/2024 $8,800.66
Invoice Amount
69784 $712.80
69773 $4,395.86
69780 $1,140.48
69782 $712.80
69783 $855.36
69781 $983.36
14414 10/16/2024 $349.21
STREET LIGHT REPAIRS AUGUST 2024
Accounts Payable The Sherwin-Williams Co.
STREET LIGHT REPAIRS SEPTEMBER 2024
STREET LIGHT REPAIRS AUGUST 2024
STREET LIGHT REPAIRS JULY 2024
Description
STREET LIGHT REPAIRS JULY 2024
STREET LIGHT MAINTENANCE AND REPAIR SEPTEMBER 2024
Description
ON-CALL EMERGENCY WATER SYSTEMS SVCS
Accounts Payable Tanko Streetlighting, Inc
SAFETY SHOES FOR FRANCISCO SIGALA
SAFETY SHOES FOR CARLOS DEL TORO
Accounts Payable Stephen Doreck Equipment Rentals Inc.
SAFETY SHOES FOR ALBERT RAMIREZ
SAFETY SHOES FOR BRIAN HERNANDEZ
SAFETY SHOES FOR ALLAN MARIN
Description
SAFETY SHOES FOR MICHAEL GALVAN
SAFETY SHOES FOR JUAN NUNEZ
user: Georgina Maldonado Pages: 31 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
Invoice Amount
0995-5 $284.16
1182-9 $39.33
1147-2 $25.72
14415 10/16/2024 $126.84
Invoice Amount
1825442 $126.84
14416 10/16/2024 $4,219.67
Invoice Amount
82757977 $1,862.35
82724185 $1,083.71
82620454 $1,273.61
14417 10/11/2024 $38,318.97
Invoice Amount
Import - 17461 $38,318.97
14418 10/11/2024 $119.94
Invoice Amount
Import - 17462 $119.94
Description
UTILITIES-GAS SVCS SEPTEMBER 2024
Description
UTILITIES FOR SEPTEMBER 2024
Accounts Payable So Calif Gas Company
JANITORIAL SUPPLIES FOR PARKS
JANITORIAL SUPPLIES FOR PARKS
Accounts Payable So Calif Edison Company
Accounts Payable Waxie Sanitary Supply
Description
JANITORIAL SUPPLIES FOR PARKS
Accounts Payable Vulcan Materials Co.
Description
ASPHALT MAINTENANCE
Maintenance Supplies For Graffiti Abatement
Maintenance Supplies For Graffiti Abatement
PAINT FOR FACILITIES
Description
user: Georgina Maldonado Pages: 32 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
14419 10/11/2024 $894.72
Invoice Amount
Import - 17463 $894.72
14420 10/15/2024 $392.59
Invoice Amount
Import - 17464 $392.59
14421 10/16/2024 $3,380.49
Invoice Amount
SA10924 $3,380.49
14422 10/17/2024 $53,992.29
Invoice Amount
20240926 $53,992.29
14423 10/17/2024 $935.60
Invoice Amount
Import - 18647 $935.60
14424 10/17/2024 $1,562.90
Invoice Amount
Import - 18648 $1,562.90
Description
UTILITIES FOR SEPTEMBER 2024
Description
Office Supplies
Accounts Payable So Calif Edison Company
Description
CalCard- September 2024
Accounts Payable Office Depot
Description
EXPENSE REIMBURSEMENT FOR 10/09/24
Accounts Payable US Bank Corporate Trust Services (CalCard) Description
Phone Svc for SEPTEMBER 2024
Accounts Payable (Troon) Indigo Sports, LLC
Description
INTERNET SVCS
Accounts Payable Frontier California
Accounts Payable Time Warner Cable
user: Georgina Maldonado Pages: 33 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
14425 10/17/2024 $78.00
Invoice Amount
Import - 18649 $78.00
14426 10/17/2024 $594.94
Invoice Amount
Import - 18650 $594.94
14427 10/24/2024 $42,156.43
Invoice Amount
SA91924 $5,548.72
SA51024 $36,607.71
14428 10/24/2024 $55.69
Invoice Amount
8810428932305 $55.69
14429 10/24/2024 $60.00
Invoice Amount
145744 $60.00
14430 10/24/2024 Accounts Payable BKF Engineers $11,734.33 Accounts Payable BACLIG, ANTHONY
Description
TAI CHI 09/28/24-10/19/24
Accounts Payable ADVANCE AUTO PARTS
Description
MECHANIC SHOP SUPPLIES
Description
EXPENSE REIMBURSEMENT FOR 09/19/24
PAYROLL FOR GOLF COURSE 04/20/24-05/03/24
Description
INTERNET SVCS
Accounts Payable (Troon) Indigo Sports, LLC
Description
Phone Svc for OCTOBER 2024
Accounts Payable Time Warner Cable
Accounts Payable Frontier California
user: Georgina Maldonado Pages: 34 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
Invoice Amount
24100311 $11,734.33
14431 10/24/2024 $1,368.00
Invoice Amount
145702-145708 $1,368.00
14432 10/24/2024 $5,000.00
Invoice Amount
1035 $5,000.00
14433 10/24/2024 $7,631.12
Invoice Amount
CL25557 $7,631.12
14434 10/24/2024 $720.00
Invoice Amount
145712-145724 $720.00
14435 10/24/2024 $2,121.04
Invoice Amount
BE006266730 $2,121.04
Accounts Payable Delta Dental (Delta Care)
Description
DENTAL SERVICES (DHMO) FOR OCTOBER 2024
Accounts Payable Dance Image
Description
BALLET & TUMBLE, 09/09/24-10/19/24
Accounts Payable Cosby Oil Company
Description
FUEL FOR CITY FLEET, 10/01/24-10/10/24
Accounts Payable COLLECTIVE EMERGENCE CONSULTING
Description
Grant Research, strategy development, program design
Accounts Payable Cobian, Sr., Luis
Description
NIPPON KEMPO AND MIX MARTIAL ARTS, 10/01/24-10/31/24
Description
PROFESSIONAL SVCS 8/26/24-9/29/24
user: Georgina Maldonado Pages: 35 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
14436 10/24/2024 $835.20
Invoice Amount
37104 $835.20
14437 10/24/2024 $475.20
Invoice Amount
145522 $475.20
14438 10/24/2024 $45,071.50
Invoice Amount
631095 $2,832.00
631095-A $4,449.50
631095-B $2,146.50
631095-C $2,834.50
631095-D $944.00
631095-E $1,031.50
539368 $3,094.50
539368-A $6,120.00
539368-B $1,621.50
539368-C $559.50
539368-D $1,503.50
539368-E $1,735.50
740262 $3,658.00
PROFESSIONAL SVCS 07/01/24-07/31/24, ON CALL STAFF AUGMENTATION PROFESSIONAL SVCS 07/01/24-07/31/24, ON CALL STAFF AUGMENTATION PROFESSIONAL SVCS 09/01/24-09/30/24, ON CALL AUGMENTATION PROFESSIONAL SVCS 07/01/24-07/31/24, ON CALL STAFF AUGMENTATION PROFESSIONAL SVCS 07/01/24-07/31/24, ON CALL STAFF AUGMENTATION PROFESSIONAL SVCS 07/01/24-07/31/24, ON CALL STAFF AUGMENTATION PROFESSIONAL SVCS 08/01/24-08/31/24, ON CALL STAFF AUGMENTATION PROFESSIONAL SVCS 08/01/24-08/31/24, ON CALL STAFF AUGMENTATION PROFESSIONAL SVCS 07/01/24-07/31/24, ON CALL STAFF AUGMENTATION PROFESSIONAL SVCS 08/01/24-08/31/24, ON CALL STAFF AUGMENTATION PROFESSIONAL SVCS 08/01/24-08/31/24, ON CALL STAFF AUGMENTATION PROFESSIONAL SVCS 08/01/24-08/31/24, ON CALL STAFF AUGMENTATION Accounts Payable Interwest Consulting Group
Description
PROFESSIONAL SVCS 08/01/24-08/31/24, ON CALL STAFF AUGMENTATION Accounts Payable HERNANDEZ, TIANNA, M.
Description
PAINTING FINE ARTS
Accounts Payable Eastern County Newspaper Group, Inc.
Description
Legal Ad Statement for Notice of Nominees published on 10/4 user: Georgina Maldonado Pages: 36 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
740262-A $5,774.00
740262-B $2,535.00
740262-C $763.00
740262-D $1,357.00
740262-E $1,062.00
263956B $1,050.00
14439 10/24/2024 $294.37
Invoice Amount
126206 $294.37
14440 10/24/2024 $1,562.30
Invoice Amount
100124 $1,562.30
14441 10/24/2024 $6,120.00
Invoice Amount
017 $6,120.00
14442 10/24/2024 $160.53
Invoice Amount
01272713 $160.53
Accounts Payable Lu's Lighthouse Inc.
Description
MECHANIC SHOP SUPPLIES
Accounts Payable LOUIE, KENNETH, L.
Description
PROFESSIONAL SVCS 10/05/24-10/18/24,TEMP FINANCE DEPUTY DIRECTOR Accounts Payable Lincoln Financial Group
Description
SUPPLEMENTAL LIFE INSURANCE FOR OCTOBER 2024
Accounts Payable JCL Traffic Services
Description
TEMPORARY NO PARKING SIGN FOR WATER DIVISION
PROFESSIONAL SVCS 09/01/24-09/30/24, ON CALL AUGMENTATION PROFESSIONAL SVCS 09/01/24-09/30/24, ON CALL AUGMENTATION PROFESSIONAL SVCS JANUARY 2024, EV CHARGING STATION
PROFESSIONAL SVCS 09/01/24-09/30/24, ON CALL AUGMENTATION PROFESSIONAL SVCS 09/01/24-09/30/24, ON CALL AUGMENTATION PROFESSIONAL SVCS 09/01/24-09/30/24, ON CALL AUGMENTATION user: Georgina Maldonado Pages: 37 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
14443 10/24/2024 $28,036.81
Invoice Amount
110195 $28,036.81
14444 10/24/2024 $90.00
Invoice Amount
FALLWK10'24 $90.00
14445 10/24/2024 $386,578.86
Invoice Amount
597-22 $406,925.11
597-22-A ($20,346.25)
14446 10/24/2024 $10,506.41
Invoice Amount
100124 $10,506.41
14447 10/24/2024 $143,869.18
Invoice Amount
34194 $29,618.22
34328 $21,617.32
34327 $61,830.69
34266 GRAFFITI ABATEMENT SEPTEMBER 2024 $30,802.95
GRAFFITI ABATEMENT SVCS AUGUST 2024
BUS SHELTER MAINTENANCE OCTOBER 2024
STREET SWEEPING SVCS OCTOBER 2024
DENTAL SERVICES (DPPO) FOR OCTOBER 2024
Accounts Payable Nationwide Environmental Services
Description
PROFESSIONAL SVCS JULY 2024, PFAS TREATMENT SYSTEMS
Accounts Payable MSA-Dental Pool
Description
Accounts Payable Metro Builders & Engineers Group, Ltd
Description
PROFESSIONAL SVCS JULY 2024, PFAS TREATMENT SYSTEMS
Accounts Payable Martinez, Ben
Description
OFFICIATING SVCS 10/17/24
Accounts Payable Mariposa Landscapes, Inc
Description
LANDSCAPE MAINTENANCE SVCS SEPTEMBER 2024
user: Georgina Maldonado Pages: 38 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
14448 10/24/2024 $7,555.74
Invoice Amount
102424 $7,555.74
14449 10/24/2024 $1,213.16
Invoice Amount
102424 $1,213.16
14450 10/24/2024 $75.00
Invoice Amount
COMSTP101024-PS $75.00
14451 10/24/2024 $663.00
Invoice Amount
102424 $663.00
14452 10/24/2024 $400.00
Invoice Amount
12-1-172063 $200.00
702-1-29623 $200.00
14453 10/24/2024 $5,379.03
SAFETY SHOES FOR RUBEN CASTANEDA
SAFETY SHOES FOR ERIN RUIZ
Accounts Payable Security Signal Devices
UNION DUES FOR P/E 10/18/24
Accounts Payable Red Wing Shoe Store
Description
COMMISSIONER STIPEND FOR MEETING 10/10/24
Accounts Payable PRMPCEA
Description
PEHP BENEFIT/DEDUCTION FOR P/E 10/18/24
Accounts Payable Patricia Saucedo
Description
EMPLOYEE/EMPLOYER CONTRIBUTIONS FOR P/E 10/18/24 (401A) Accounts Payable Nationwide RS
Description
Accounts Payable Nationwide Retirement Solutions
Description
user: Georgina Maldonado Pages: 39 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
Invoice Amount
R-00551705 $1,408.65
S-01134129 $189.00
R-00550613 $3,781.38
14454 10/24/2024 $1,915.38
Invoice Amount
102424 $1,915.38
14455 10/24/2024 $1,560.00
Invoice Amount
145583-145591 $1,560.00
14456 10/24/2024 $794.03
Invoice Amount
0074128-IN $200.00
0074362-IN $194.03
0072903-IN $200.00
0073203-IN $200.00
14457 10/24/2024 $455.00
Invoice Amount
145504 ZUMBA CLASS 10/01/24-10/24/24 $455.00
SAFETY SHOES FOR OSCAR ARCINIEGA
Accounts Payable Silva, Luz
Description
SAFETY SHOES FOR SAMMY SANCHEZ
SAFETY SHOES FOR ROBERT NAVA
SAFETY SHOES FOR BRYAN PANDANIBAN
U2 TIKI TAKA SOCCER, 10/01/24-10/24/24
Accounts Payable Shoeteria, Inc.
Description
UNION DUES FOR P/E 10/18/24
Accounts Payable Serrano, Leon
Description
MONITORING OF ALARM SYSTEM FOR WATER PLANTS, 11/01/24-01/31/25 Accounts Payable SEIU Local 721
Description
Description
ALARM MONITORING 11/1/24-11/30/24
SERVICE CALL FOR WATER PLANT #1
user: Georgina Maldonado Pages: 40 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
14458 10/24/2024 $47,171.14
Invoice Amount
PR SEPTEMBER2024 $47,171.14
14459 10/24/2024 $25,385.73
Invoice Amount
24MS47-01 $25,385.73
14460 10/24/2024 $13,094.48
Invoice Amount
100124 $13,094.48
14461 10/24/2024 $651.91
Invoice Amount
15416185071024 $112.81
1467-4 $79.82
1461-7 $24.62
1181-1 $152.83
1487-2 $281.83
14462 10/24/2024 $268.03
Invoice Description Amount
PAINT SUPPLIES FOR FACILITIES DEPARTMENT
MAINTENANCE SUPPLIES WATER DIVISION
Accounts Payable Underground Service Alert of Southern California
GRAFFITI ABATEMENT SUPPLIES
PAINT SUPPLIES FOR FACILITIES DEPARTMENT
PAINT SUPPLIES FOR FACILITIES DEPARTMENT
GROUP LIFE, STD & LTD PREMIUMS FOR OCTOBER 2024
Accounts Payable The Sherwin-Williams Co.
Description
ON-CALL EMERGENCY WATER SYSTEM SERVICES
Accounts Payable The Lincoln National Life Insurance Company Description
PR DIAL A RIDE SERVICE FOR SEPTEMBER 2024
Accounts Payable Stephen Doreck Equipment Rentals Inc.
Description
Accounts Payable Southland Transit, Inc.
Description
user: Georgina Maldonado Pages: 41 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
920240529 $196.85
24-251061 $71.18
14463 10/24/2024 $1,018.92
Invoice Amount
237027781-001 $792.91
237027781-002 $226.01
14464 10/24/2024 $4,461.51
Invoice Amount
1965091 $129.21
1917873 $128.03
1952414 $479.26
1977122 $364.55
1977209 $305.42
1824266 $248.65
1862167 $245.10
1862658 $603.43
1872460 $128.03
1863299 $431.96
1895522 $303.05
1873156 $307.78
1917069 ASPHALT MAINTENANCE $303.05
ASPHALT MAINTENANCE
ASPHALT MAINTENANCE
ASPHALT MAINTENANCE
ASPHALT MAINTENANCE
ASPHALT MAINTENANCE
ASPHALT MAINTENANCE
ASPHALT MAINTENANCE
ASPHALT MAINTENANCE
ASPHALT MAINTENANCE
ASPHALT MAINTENANCE
ASPHALT MAINTENANCE
ASPHALT MAINTENANCE
EVENT SUPPLY STORAGE
Accounts Payable Vulcan Materials Co.
Description
Accounts Payable United Rentals (North America), Inc
Description
EVENT SUPPLY STORAGE
MONTHLY DATABASE TICKETS
MONTHLY TICKETS
user: Georgina Maldonado Pages: 42 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
1952275 $483.99
14465 10/24/2024 $178,046.91
Invoice Amount
3853-0824 $178,046.91
14466 10/24/2024 $646.67
Invoice Amount
82770884 $646.67
14467 10/24/2024 $1,870.00
Invoice Amount
W4J0846 $250.00
W4J0847 $170.00
W4I2196 $250.00
W4J0315 $1,200.00
14468 10/24/2024 $80,224.76
Invoice Amount
00420648 $30,002.17
00420647 $26,967.59
00233075 $16,560.00
00628577 $6,105.00
PROFESSIONAL SVCS THROUGH 09/30/24, PICO RIVERA INSPECTIONS PROFESSIONAL SVCS THROUGH 08/23/24, PICO RIVERA TRAFFIC ENG SVCS Description
PROFESSIONAL SVCS THROUGH 8/23/24, PR MAJOR ST
PROFESSIONAL SVCS THROUGH 8/23/24, PR MAJOR ST
WATER QUALITY SAMPLING
WATER QUALITY SAMPLING
Accounts Payable Willdan Engineering
Description
WATER QUALITY SAMPLING
WATER QUALITY SAMPLING
Description
JANITORIAL SUPPLIES FOR PARKS
Accounts Payable Weck Laboratories Inc.
Description
GROUND WATER PRODUCTION & ASSESSMENT AUGUST 2024
Accounts Payable Waxie Sanitary Supply
ASPHALT MAINTENANCE
Accounts Payable Water Replenishment District of So. California user: Georgina Maldonado Pages: 43 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
00628622 $590.00
14470 10/24/2024 $78.00
Invoice Amount
Import - 18657 $78.00
14471 10/24/2024 $122,252.23
Invoice Amount
Import - 18658 $122,252.23
14472 10/25/2024 $126.68
Invoice Amount
Import - 18659 $126.68
14473 10/28/2024 $860.78
Invoice Amount
Import - 18660 $860.78
14474 10/28/2024 $387.27
Invoice Amount
Import - 18661 $387.27
14475 10/30/2024 Accounts Payable ADVANCE AUTO PARTS $5,193.64 Accounts Payable Frontier California
Description
Phone Svc for OCTOBER 2024
Accounts Payable City of Pico Rivera
Description
WATER SVC 8/8/24-10/2/24
Accounts Payable Time Warner Cable
Description
INTERNET SVCS
Accounts Payable So Calif Edison Company
Description
UTILITIES FOR AUGUST 2024
Accounts Payable Frontier California
Description
Phone Svc for OCTOBER 2024
PROFESSIONAL SVCS THROUGH 08/23/24, PR-HSIP SIGN AUDIT
user: Georgina Maldonado Pages: 44 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
Invoice Amount
8810429058984 $216.87
8810428932323 $707.20
8810429532423 $4,269.57
14476 10/30/2024 $80.00
Invoice Amount
FALLWK11'24 $80.00
14477 10/30/2024 $4,900.63
Invoice Amount
CL26249 $4,900.63
14478 10/30/2024 $2,507.89
Invoice Amount
588626599 $2,507.89
14479 10/30/2024 $983.02
Invoice Amount
31055 $826.14
31047 $156.88
14480 10/30/2024 Accounts Payable I Copy, Inc (ibe digital) $10.68 Description
MAINTENANCE & REPAIR OF UNIT #132
MAINTENANCE & REPAIR OF UNIT #273
Description
LEASE FOR CITYWIDE PRINTER AND COPY MACHINE, 11/01/24-11/30/24 Accounts Payable DIEGO'S AUTO REPAIR
Description
FUEL FOR CITY FLEET 10/11/24-10/20/24
Accounts Payable DE LAGE LANDEN FINANCIAL SERVICES, INC.
Description
OFFICIATING SVCS 10/24/24
Accounts Payable Cosby Oil Company
MECHANIC SHOP SUPPLIES
MECHANIC SHOP SUPPLIES
Accounts Payable Bland, Renee
Description
MECHANIC SHOP SUPPLIES
user: Georgina Maldonado Pages: 45 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
Invoice Amount
472577 $10.68
14481 10/30/2024 $3,414.99
Invoice Amount
125946 $2,337.30
125947 $1,077.69
14482 10/30/2024 $962.50
Invoice Amount
12408 $962.50
14483 10/30/2024 $310.50
Invoice Amount
S100239766.001 $310.50
14484 10/30/2024 $595.93
Invoice Amount
0074623-IN $199.93
0074611-IN $200.00
0074883-IN $196.00
14485 10/30/2024 Accounts Payable The Sherwin-Williams Co. $2,176.90
SAFETY SHOES FOR ROBERT SETTERS
SAFETY SHOE FOR CHRISTIAN CARDENAS
SAFETY SHOES FOR MARCOS CAMPOS
MAINTENANCE SUPPLIES FOR WATER DIVISION
Accounts Payable Shoeteria, Inc.
Description
SUCCESSOR AGENCY SERVICES ANNUAL REPORTS FY 2024/2025
Accounts Payable S & J Supply Co., Inc.
Description
Traffic Control Materials & Street Signs
Accounts Payable RSG, Inc
Description
Accounts Payable JCL Traffic Services
Description
Traffic Control Materials - Traffic Cones & Delineators Description
TONER FOR PARK & REC
user: Georgina Maldonado Pages: 46 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
Invoice Amount
17107184421024 $1,515.14
11304191511024 $661.76
14486 10/30/2024 $3,588.00
Invoice Amount
119646 $3,588.00
14487 10/30/2024 $426.93
Invoice Amount
235294174-005 $143.33
790017232-035 $87.19
790017233-033 $92.67
790017234-033 $103.74
14488 10/30/2024 $1,457.00
Invoice Amount
2019791 $303.05
2013092 $482.81
2020494 $248.65
2042219 $422.49
14489 10/30/2024 $780.00
HOT ASPHALT FOR WATER DIVISION
Accounts Payable Weck Laboratories Inc.
HOT ASPHALT FOR WATER DIVISION
HOT ASPHALT FOR WATER DIVISION
HOT ASPHALT FOR WATER DIVISION
REACH SUPPLY STORAGE
Accounts Payable Vulcan Materials Co.
Description
REACH SUPPLY STORAGE
REACH SUPPLY STORAGE
REACH SUPPLY STORAGE
GENERAL LIABILITY FEES NOVEMBER 2024
Accounts Payable United Rentals (North America), Inc
Description
PAINT FOR GRAFFITI ABATEMENT
Accounts Payable Tristar Risk Management
Description
Description
GRAFFITI ABATEMENT SUPPLIES
user: Georgina Maldonado Pages: 47 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
Invoice Amount
W4J1325 $780.00
14490 10/30/2024 $3,391.57
Invoice Amount
1260392-00 $3,391.57
14491 10/30/2024 $2,335.25
Invoice Amount
00628722 $2,231.00
00420733 $104.25
14492 10/30/2024 $6,677.04
Invoice Amount
010-60076 $6,677.04
14493 10/18/2024 $1,859.43
Invoice Amount
Import - 18651 $1,859.43
14494 10/21/2024 $2,632.00
Invoice Amount
Import - 18652 $2,632.00
Description
PHONE SVC-AUGUST 2024
Description
Phone Svc for OCTOBER 2024
Accounts Payable T-Mobile USA, Inc
Description
ANNUAL DISTRICT ADMINISTRATION FOR FY 2024/2025
Accounts Payable Frontier California
PROFESSIONAL SVCS THROUGH 9/27/24, CITY HALL EV
PROFESSIONAL SVCS THROUGH 09/27/24, PR GOLF COURSE FIRE DAMAGE Accounts Payable Willdan Financial Services
MAINTENANCE SUPPLIES FOR PLANT #3
Accounts Payable Willdan Engineering
Description
WATER QUALITY SAMPLING
Accounts Payable Western Water Works Supply Company
Description
Description
user: Georgina Maldonado Pages: 48 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
14495 10/23/2024 $45,570.42
Invoice Amount
Import - 18654 $45,570.42
14496 10/23/2024 $153.27
Invoice Amount
Import - 18656 $153.27
14497 10/22/2024 $2,631.02
Invoice Amount
Import - 18653 $2,631.02
14498 10/30/2024 $8,044.31
Invoice Amount
Import - 18662 $8,044.31
14499 10/30/2024 $36,830.90
Invoice Amount
Import - 18663 $36,830.90
14500 10/31/2024 $56,367.86
Invoice Description Amount
Description
WATER SVC 9/5/24-10/8/24
Accounts Payable (Troon) Indigo Sports, LLC
Description
BUILDING MAINTANCE SUPPLIES
Accounts Payable City of Pico Rivera
Description
WATER SVC 7/24/24-9/24/24
Accounts Payable Lowe's
Description
Phone Svc for OCTOBER 2024
Accounts Payable City of Pico Rivera
Description
UTILITIES FOR SEPTEMBER 2024
Accounts Payable Frontier California
Accounts Payable So Calif Edison Company
user: Georgina Maldonado Pages: 49 of 50 Thursday, October 31, 2024 Number Date Description Transaction Amount
City of Pico Rivera
Warrant Register
From Payment Date: 10/11/2024 - To Payment Date: 10/31/2024 Source Payee Name
SA102324 $6,474.33
SA102324-A $9,138.74
SA102324-B $40,754.79
$1,715,095.88
Checks
EFTs
All
$4,404,041.74
$1,715,095.88
Transaction Amount
Transaction Amount
$2,688,945.86
Transaction Amount
Grand Totals:
PAYROLL FOR GOLF COURSE 10/18/24
Type EFT Totals:
CBC GenOpe - CBC General Operating Totals
EXPENSE REIMBURSEMENT FOR 10/16/24
EXPENSE REIMBURSEMENT FOR 10/23/24
user: Georgina Maldonado Pages: 50 of 50 Thursday, October 31, 2024 To: Mayor and City Council
From: City Manager
Meeting Date: November 12, 2024
Subject: RESOLUTION AUTHORIZING A RIVERS AND MOUNTAINS
CONSERVANCY GRANT APPLICATION SUBMISSION FOR
THE PAD PARK.
Recommendation:
1. Approve a resolution authorizing the submittal of a grant application to the Proposition 1 Water Bond of 2014 Lower Los Angeles River Grant Program for the Passons Active Depot (PAD) Park Development Project; and
2. Authorize the City Manager or his designee to accept and execute all grant-related documents and administer the grant, if awarded.
Fiscal Impact:
If the grant application is selected for an award, the City of Pico Rivera (City) is estimated to receive the requested grant funding amount of $3,000,000 for the PAD Park Development Project. To improve the overall competitiveness for this grant program, the application includes an in-kind contribution match of $125,000 and $300,000 from Fund 560 - PRIME.
Furthermore, the City has been awarded and is currently in the process of accepting a grant in the amount of $1,050,000 from the U.S. Housing and Urban Development (HUD).
Once the HUD grant is accepted by the City Council, the City will use these funds as a match toward the project as well. No additional appropriations from the General Fund are being requested at the time.
Background:
The San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) was created by the California legislature in 1999. The RMC is one (1) of 10 conservancies within the California Resources Agency. Their mission is to preserve open space and habitat to provide for low-impact recreation and educational uses, wildlife habitat restoration and protection, and watershed improvements within their jurisdictions. The RMC's jurisdictional territory includes eastern Los Angeles County and western Orange County, comprised of the San Gabriel River Watershed and its tributaries, the Lower Los Angeles River Watershed and its tributaries, Upper Santa Clara River and its tributaries, northern slope of the Angeles National Forest, the San Gabriel Mountains National Monument, 3 CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024
RESOLUTION AUTHORIZING A RIVERS AND MOUNTAINS CONSERVANCY GRANT
APPLICATION SUBMISSION
Puente Hills, and the San Jose Hills. There are 68 cities and 20 unincorporated communities in the RMC territory. The City of Pico Rivera is uniquely situated in the middle of the RMC's jurisdictional territory.
In November 2014, California voters approved Proposition 1 (Prop 1), officially known as the Water Quality, Supply, and Infrastructure Improvement Act of 2014. This legislation, codified as Division 26.7 of the Water Code, authorized $7.545 billion in general obligation bonds for various state water projects. These projects encompassed areas like surface and groundwater storage, ecosystem and watershed protection, and safeguarding drinking water sources. Prop 1's primary goals aligned with the California Water Action Plan, focusing on ensuring more reliable water supplies, restoring vital species and habitats, and enhancing the resilience and sustainability of water infrastructure. Chapter 6 of Prop 1, titled "Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds," allocated up to $100 million for projects aimed at preserving and enhancing urban creeks. These funds were designated for activities like land and water resource acquisition, development, rehabilitation, and protection, aligning with the goals of Prop1, RMC statutes, and statewide plans. The availability of funding for grant cycles depends on annual appropriations from the State Legislature to the RMC, with award amounts influenced by project quality, matching fund contributions, and alignment with statewide priorities for ecosystem and watershed protection.
Proposition 1 Water Bond of 2014 included a grant program dedicated to the Lower Los Angeles River (LLAR). This program, administered by the RMC, focuses on several key priorities, including ecosystem and watershed protection and restoration projects, safeguarding, and enhancing the LLAR, increasing access to a diverse range of populations, and securing matching funds. The RMC's LLAR Grants specifically target the LLAR corridor, spanning a distance of 1.5 miles from the main stem or tributary of the LLAR, which includes the Rio Hondo River. These grants allocate 90% of the funds for project implementation and 10% for planning. All proposed projects are expected to align with the goals outlined in the Lower LA River Revitalization Plan.
Discussion:
Project Description and Goals
The PAD Park Development Project will transform a 20,000-square-foot vacant bus depot into a dynamic and multi-functional urban park, addressing a significant need for green spaces in Pico Rivera. According to the 2016 LA County Parks Needs Assessment, Pico Rivera has 1.3 acres of parkland per 1,000 residents, a figure well below the county’s average of 3.3 acres. The specific site of the PAD Park is even more underserved, with only 0.34 acres of parkland per 1,000 people within a half-mile radius. As a result of the Whittier Narrows Dam Safety Modification Project, the City is set to lose 104-acres, or 57%, of its park space by 2025. The development of PAD Park will help mitigate this deficit by providing vital recreational and community space.
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024
RESOLUTION AUTHORIZING A RIVERS AND MOUNTAINS CONSERVANCY GRANT
APPLICATION SUBMISSION
The PAD Park will serve as a community hub, offering diverse amenities that cater to the needs of residents, particularly those from nearby disadvantaged communities (DACs).
The PAD Park sits on a census tract listed as the 72nd percentile of DACs per CalEnviroScreen. The park will significantly enhance quality of life by providing accessible green spaces and educational resources to an area severely lacking in such facilities. The neighboring census tract is in the 93rd percentile, further underscoring the critical need for this project.
The park's design incorporates sustainable features that align with the City’s environmental and recreational goals. Key elements include drought-resistant native landscaping, a butterfly garden, stormwater capture systems, and solar-powered LED lighting. The integration of micro-urban forests and water infiltration systems will promote environmental sustainability while helping the City meet its water conservation goals. The performance amphitheater and cultural artwork, paired with functional amenities such as hydration stations and free Wi-Fi, will encourage positive community engagement, reduce blight, and deter illicit activities currently prevalent at the site.
In addition to enhancing public space, PAD Park will also serve as a community education center, offering flexible building space for non-profit partners to conduct youth leadership and bike education programs. The project is a core part of the City’s Historic Whittier Boulevard Revitalization Program, which prioritizes creating safe, pedestrian-friendly environments that connect people to places, including parks, schools, and local businesses.
The grant funding from the RMC Prop 1 Water Bond Program will focus on the park’s water-related infrastructure, including stormwater capture systems designed to manage runoff and improve groundwater recharge. The water infiltration elements and green infrastructure are designed to address local water quality issues while contributing to the long-term resilience of the area’s watershed. These improvements align with statewide objectives for water conservation and ecosystem restoration, making the PAD Park a model for urban greening projects in disadvantaged communities.
Community Outreach, Engagement & Empowerment
To ensure PAD Park Development Project accurately reflects the history, culture, character, and general vision of the community, the City will employ the principles of collaborative governance and collective impact as primary methods to engage, educate, and empower members of the community to actively participate throughout the planning and decisionmaking process of these projects.
The City remains committed to sustaining an extensive engagement strategy involving the Stakeholder Advisory Group (SAG) and Youth Ambassadors for the ongoing success of the PAD Park Development Project. The City will also leverage use of the IDEA Lab, located at the heart of the Historic "uptown" Pico Rivera, to activate the Youth Ambassadors and host community workshops and open houses for the PAD Development Project and the larger HWB project. The SAG consists of local community leaders and acts as a pivotal CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024
RESOLUTION AUTHORIZING A RIVERS AND MOUNTAINS CONSERVANCY GRANT
APPLICATION SUBMISSION
connection between the project and the broader community. Complementing this, the City's Technical Advisory Committee (i.e. jurisdictional authorities, agencies, utilities, etc.) and the Blue-Ribbon Committee (i.e. County, State, federal elected offices) provide essential technical and policy perspectives, ensuring synchronization with regulatory standards and policy alignment. The City's outreach initiatives encompass a wide range of activities such as town halls, workshops, pop-up booths at special events, and open houses, fostering an inclusive environment for community involvement. A critical element of the City's outreach strategy is the Youth Ambassador program, where students collaborate with professionals and provide a valuable generational perspective while aiding in outreach efforts through multimedia content creation and direct community engagement.
If the City's application is selected for the award, the City will leverage these established communication channels, particularly the dedication of the Youth Ambassadors, to further promote the project and gather crucial community feedback. This multifaceted outreach approach reinforces the PAD Development Project as a shared vision reflective of the community's values and aspirations.
Conclusion:
Staff recommends that the City Council approve the resolution for the Passons Active Depot Development Project, which authorizes the City Manager to submit the grant application to Proposition 1 Water Bond of 2014 Lower Los Angeles River Grant Program administered by the San Gabriel & Lower Los Angeles Rivers & Mountains Conservancy.
Steve Carmona
SC:JH:smc
Enclosures: 1) Resolution
2) Project Location Map
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA,
CALIFORNIA, AUTHORIZING THE APPLICATION SUBMITTAL FOR
GRANT FUNDS FOR THE CALIFORNIA WATER QUALITY, SUPPLY,
AND INFRASTRUCTURE IMPROVEMENT ACT OF 2014 (PROPOSITION 1) – LOWER LA RIVER, FOR THE PASSONS ACTIVE DEPOT (PAD)
PARK DEVELOPMENT PROJECT (PAD PROJECT)
WHEREAS, the people of the State of California have enacted the California Water, Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1), which provides funds for the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) Lower LA River Grant Program;
WHEREAS, the RMC has been delegated the responsibility for the administration of the grant program in its jurisdiction, setting up necessary procedures; WHEREAS, said procedures established by the RMC require the Applicant’s Governing Body to certify by resolution the approval of the Application before submission of said Application to the State; and
WHEREAS, the Applicant will enter into a contract with the State of California for the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:
SECTION 1. Approve the filing of an application for local assistance funds from the RMC Lower Los Angeles River Grant Program for the PAD Park Development Project under the California Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1).
SECTION 2. Certifies that the city is in process of amending the General Plan Land Use Element to ensure the PAD Project is consistent with local or regional land use plans or Programs (or if it is not, that the project is still approved).
SECTION 3. Certifies that the PAD Project is consistent with the goals of Proposition 1 including multi-beneficial and multi-jurisdictional ecosystem and watershed protection projects in accordance with statewide priorities.
SECTION 4. Certifies that the Application has or will have sufficient funds to operate and maintain the Project that is being submitted for funding consideration.
SECTION 5. Certifies that the Applicant has reviewed and understands the General Requirements and General Policies of the RMC Proposition 1 Grant Program Guidelines.
Enclosure 1
3a
RESOLUTION NO. ____
SECTION 6. The City Manager or their designated representative, is the authorized as agent to conduct all negotiations, execute, and submit all documents including, but not limited to Applications, agreements, payment requests and so on, which may be necessary for the completion of the Project.
SECTION 7. The City Clerk shall attest to the passage of this resolution, and it shall thereupon be in full force effect.
APPROVED AND PASSED this 12th day of November, 2024.
__________________________________
Andrew C. Lara, Mayor
ATTEST:
___________________________
Cynthia Ayala, City Clerk
APPROVED AS TO FORM:
__________________________________
Arnold M. Alvarez-Glasman, City Attorney
AYES:
NOES:
Whittier Bl.
5055 Passons Blvd. Pico Rivera, CA 90660
3b
Enclosure 2
To: Mayor and City Council
From: City Manager
Meeting Date: November 12, 2024
Subject: AMENDMENT TO THE EXISTING 2024-2027 SERVICE
EMPLOYEES’ INTERNATIONAL UNION – DIRECTORS
UNIT MEMORANDUM OF UNDERSTANDING
Recommendation:
1. Approve a resolution approving the new salary ranges (Exhibit A) for Service Employees’ International Union (SEIU) – Directors Union; and
2. Approve an amendment to the existing 2024-2027 SEIU – Directors Unit Memorandum of Understand (MOU), Article 11, Section D, Subsection 1, Cash-inLieu of Benefits Program and Appendix B – Salary Ranges for SEIU – Directors Unit Employees in accordance with the fairness provision in the Memorandum of Understanding (MOU) effective from July 1, 2024, through June 30, 2027.
Fiscal Impact:
The “Background” and "Discussion" sections of this agenda report lists the negotiated terms of the July 1, 2024 – June 30, 2027, approved MOU. There is no fiscal impact to the General Fund as it relates to the changes in the Cash-in-Lieu of Benefits language.
The estimated total cost of the salary adjustments due to the fair provision of the MOU over the three (3) years is $285,057.
Background:
In the approved 2024-2027 MOU, the City of Pico Rivera negotiated the following verbiage for Article 11, Section D, subsection 1, paragraph 2 (Cash In-Lieu of Benefits Program):
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 4 CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024 AMENDMENT TO THE EXISTING 2024-2027 SERVICE EMPLOYEES’
INTERNATIONAL UNION – DIRECTORS UNIT MEMORANDUM OF
UNDERSTANDING
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.
This benefit is also available to the other two (2) unions, SEIU Local 721 – Full Time and Mid Managers and Professional & Confidential Employees Association (CEA), however, the language in these MOUs is as follows:
Cash In -Lieu of Benefits Program amounts for new employees hired after September 13, 2022, shall be equal to the PEMCHA minimum or $200, whichever is higher. Existing participants hired on or before September 13, 2022, will be grandfathered into the cashin-lieu benefits program at a rate equal to eighty percent (80%) of the health program amount they would qualify for. This amount will be distributed through the normal payroll process in twenty-four (24) equal payments.
On July 29, 2024, the City Council approved SEIU-Directors’ MOU for July 1, 2024, through June 30, 2027. Cost of Living Adjustment (COLA) amounts were agreed as follows:
3% COLA effective first full pay period in July 2024
2% COLA effective first full pay period in July 2025
2% COLA effective first full pay period in July 2026
This agreement was reached with the understanding and documentation in Article 1 Preamble that during the term of the 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”.
Discussion:
The language in both SEIU Full-Time and CEA MOUs are more detailed and defined by effective dates, which provide a clearer interpretation of the Cash-in-Lieu section. We recommend using the same Cash-in-Lieu vocabulary in the SEIU-Directors MOU to ensure consistency in the MOUs.
Since the ratification and approval of the SEIU – Directors’ MOU, SEIU – Full-Time Bargaining Unit and CEA have reached an agreement, which was approved by Council on October 22, 2024, for COLA amounts as follows:
• 4% COLA effective first full pay period in July 2024
• 3% COLA effective first full pay period in July 2025
• 3% COLA effective first full pay period in July 2026
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024 AMENDMENT TO THE EXISTING 2024-2027 SERVICE EMPLOYEES’
INTERNATIONAL UNION – DIRECTORS UNIT MEMORANDUM OF
UNDERSTANDING
Per the SEIU – Director’s MOU, City agreed to adjust the specified benefit, in this case annual COLAs, to the equivalent of what is offered to the other unions. These COLA increases will be adjusted retroactive to the first full pay period of July 2024. The preceding years will be adjusted in the first full pay period of July of each respective year.
Conclusion:
Staff recommends City Council approve the resolution approving the new salary ranges (Exhibit A) for SEIU – Directors Union and approve the amendment to language changes in the SEIU – Directors’ MOU regarding the Cash-in-Lieu section of the MOU.
Steve Carmona
SC:AG:KS:sp
Enclosures: 1) Resolution/Exhibit A
2) Memorandum of Understanding (Amended)
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA,
CALIFORNIA, APPROVING SALARY RANGES FOR THE SERVICE
EMPLOYEES’ INTERNATIONAL UNION – DIRECTORS UNIT PER
MEMORANDUM OF UNDERSTANDING FAIRNESS PROVISION
WHEREAS, The City Council approved the Service Employees’ Internation Union (SEIU) – Directors Unit on July 29, 2024; and
WHEREAS, This agreement was reached with the understanding and documentation in Article 1 Preamble that during the term of the Memorandum of Understanding (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”; and WHEREAS, SEIU – Full-Time Bargaining Unit and Mid Managers and Professional & Confidential Employees Association (CEA) have reached an agreement, which was approved by Council on October 22, 2024, for Cost of Living Adjustment (COLA) amounts as follows:
• 4% COLA effective first full pay period in July 2024
• 3% COLA effective first full pay period in July 2025
• 3% COLA effective first full pay period in July 2026
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:
SECTION 1. Per the SEIU – Director’s MOU, the City agreed to adjust the specified benefit, in this case annual COLAs, to the equivalent of what is offered to the other unions.
These COLA increases will be adjusted retroactive to the first full pay period of July 2024.
The preceding years will be adjusted in the first full pay period of July of each respective years set forth in Exhibit “A,” attached hereto is hereby adopted.
SECTION 2. The City Council reserves the right and discretion to review and amend this Resolution as it deems necessary.
SECTION 3. The City Clerk shall attest to the passage of this resolution, and it shall thereupon be in full force effect.
[Signatures on the following page]
Enclosure 1
4a
RESOLUTION NO. ____
APPROVED AND PASSED this 12th day of November, 2024.
____________________________
Andrew C. Lara, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _______________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:
NOES:
RESOLUTION NO. ____
EXHIBIT A – SALARY RANGES FOR UNIT EMPLOYEES
YEAR ONE – FY 2024/25
Position
Minimum Middle Maximum
2024-2025 2024-2025 2024-2025
4% 4% 4%
Assistant City Manager $16,722 $18,749 $20,775
Director $13,228 $15,807 $18,387
Deputy Director $11,861 $13,005 $14,149
City Clerk $10,475 $11,660 $12,846
YEAR TWO – FY 2025/26
Position
Minimum Middle Maximum
2025-2026 2025-2026 2025-2026
3% 3% 3%
Assistant City Manager $17,224 $19,311 $21,398
Director $13,625 $16,282 $18,939
Deputy Director $12,217 $13,395 $14,574
City Clerk $10,789 $12,010 $13,231
YEAR THREE – FY 2026/27
Position
Minimum Middle Maximum
2026-2027 2026-2027 2026-2027
3% 3% 3%
Assistant City Manager $17,741 $19,890 $22,040
Director $14,033 $16,770 $19,507
Deputy Director $12,584 $13,797 $15,011
City Clerk $11,113 $12,371 $13,628
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
Enclosure 2
4b
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.
Cash In -Lieu of Benefits Program amounts for new employees hired after September 13, 2022, shall be equal to the PEMCHA minimum or $200, whichever is higher. Existing participants hired on or before September 13, 2022, will be grandfathered into the cashin-lieu benefits program at a rate equal to eighty percent (80%) of the health program amount they would qualify for. This 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
Formatted: Body Text, Left, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers
Formatted: Font: Not Italic, Not Expanded by / Condensed by
Formatted: Font: Not Italic
Formatted: Font: Not Italic
Formatted: Font: Not Italic
Formatted: Font: Not Italic
Formatted: Font: Not Italic
SEIU 721 – DIRECTORS UNIT
MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 10 OF 21
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”.
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 SEIU 721 – DIRECTORS UNIT
MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 11 OF 21
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 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 SEIU 721 – DIRECTORS UNIT
MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 12 OF 21
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 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 two- SEIU 721 – DIRECTORS UNIT
MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 13 OF 21
thirds 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 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
SEIU 721 – DIRECTORS UNIT
MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 14 OF 21
The City shall fund the amount of hours per the current MOU productive schedule of compensation for each holiday.
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.
SEIU 721 – DIRECTORS UNIT
MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 15 OF 21
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.
SEIU 721 – DIRECTORS UNIT
MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 16 OF 21
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.
SEIU 721 – DIRECTORS UNIT
MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 17 OF 21
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.
SEIU 721 – DIRECTORS UNIT
MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 18 OF 21
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.
SEIU 721 – DIRECTORS UNIT
MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 19 OF 21
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: ___________________
SEIU 721 – DIRECTORS UNIT
MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 20 OF 21
APPENDIX A
Assistant City Manager
City Clerk
Director
Deputy Director
SEIU 721 – DIRECTORS UNIT
MEMORANDUM OF UNDERSTANDING
July 1, 2024 – June 30, 2027
PAGE 21 OF 21
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: Mayor and City Council
From: City Manager
Meeting Date: November 12, 2024
Subject: ACCEPT IRREVOCABLE OFFER OF DEDICATION OF
EASEMENT FOR PUBLIC STREET PURPOSES AT 4642
WALNUT AVENUE
Recommendation:
1. Approve a resolution accepting Irrevocable Offer of Dedication of easement for public street, sidewalk and parkway purposes at 4642 Walnut Avenue;
2. Authorize the City Manager or his designee to execute certificates of acceptance and cause the recordation of resolutions and certificates of acceptance; and
3. Authorize the City Clerk to record the Irrevocable Offer of Dedication and submit the resolutions and certificates of acceptance to the Los Angeles County RegistrarRecorder’s Office.
Fiscal Impact:
There is no fiscal impact to the General Fund associated with this recommendation.
Discussion:
In 1998, the City of Pico Rivera’s Project No. 6930 – Rehabilitation of Olympic Boulevard Et AL – PHASE 2 included the installation of street improvements along the 4600 block of Walnut Avenue. The improvements included street pavement, sidewalk, parkway, and driveway approaches, all of which were installed in front of 4641 and 4647 Walnut Avenue upon City Council acceptance of the Irrevocable Offer of Dedication to change the street designation from private to public. The improvements were installed in front of 4642 Walnut Avenue, with the expectation of a forthcoming Irrevocable Offer of Dedication.
In January 2024, the owners of 4642 Walnut Avenue submitted a new Irrevocable Offer of Dedication to finalize the public designation of the street. Upon acceptance and recordation, the City can begin parking and code enforcement actions along this section of Walnut Avenue.
5 CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024
ACCEPT IRREVOCABLE OFFER OF DEDICATION OF EASEMENT FOR PUBLIC STREET PURPOSES AT 4642 WALNUT AVENUE
Conclusion:
Staff recommends approving the resolution accepting the Irrevocable Offer of Dedication, executing the certificate of acceptance, and recordation of the legal documents with the Los Angeles Registrar-Recorder’s Office.
Steve Carmona
SC:NN:GE:KV:ll
Enclosures: 1) Resolution
2) Irrevocable Offer of Dedication
3) Certificate of Acceptance
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, ACCEPTING IRREVOCABLE OFFER OF
DEDICATION OF EASEMENT FOR STREET PURPOSES AT 4642
WALNUT AVENUE
WHEREAS, an Irrevocable Offer of Dedication for easement over certain real property having Assessor Parcel Number 6374-002-005, more commonly known as 4642 Walnut Avenue, Pico Rivera, County of Los Angeles, California 90660 was made to the City by the owners of said property;
WHEREAS, the owner offered dedication of an easement to the City for public sidewalk and parkway purposes on January 15, 2024; and
WHEREAS, the City of Pico Rivera (“City”) now desires to accept the offer of dedication for street purposes pursuant to Government Code Section 27281, which authorizes the City Council to authorize one or more officers or agents to accept and consent to deeds of grants conveying any interest in or easement upon real property to the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:
SECTION 1. The City Council of the City of Pico Rivera hereby accepts the Irrevocable Offer of Dedication of an easement along the westerly property boundary for street purposes over the property legally described in it, which is located at 4642 Walnut Avenue, Pico Rivera, California 90660. Acceptance of the Irrevocable Offer of Dedication is consistent with the City’s General Plan Land Use and Circulation Elements.
SECTION 2. The City Manager or designee is authorized to execute the Irrevocable Offer of Dedication on behalf of the City and execute a Certificate of Acceptance and cause the recordation of this Resolution and the Certificate of Acceptance or take any other actions reasonably necessary to effectuate the intent of this Resolution.
SECTION 3. The City Council hereby finds and determines that the acceptance of the Irrevocable Offer of Dedication for street improvement purposes is not a project under the California Environmental Quality Act (“CEQA”) because the proposed action does not involve any commitment to a specific project that may result in a potentially significant physical impact on the environment. Alternative, the acceptance of the Irrevocable Offer of Dedication is categorically exempt from CEQA pursuant to the Class 1 – Existing Facilities exemption because acceptance will not result in any expansion of any existing urban uses or development.
ENCLOSURE 1
5a
RESOLUTION NO. ____
SECTION 4. The City Clerk shall attest to the passage of this Resolution, and it shall there upon be in full force and effect immediately upon its adoption.
APPROVED AND PASSED this 12th day of November, 2024.
___________________________
Andrew C. Lara, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney
AYES:
NOES:
ENCLOSURE 2
5b
CITY OF PICO RIVERA, CALIFORNIA
CERTIFICATE OF ACCEPTANCE AND CONSENT
PUBLIC RIGHT-OF-WAY
Pursuant to the provisions of Section 27281 of the GOVERNMENT CODE OF THE STATE OF CALIFORNIA, this is to certify that the interest in real property conveyed by the Irrevocable Offer of Dedication dated January 15, 2024 from Enrique Flores Modesto and Maria Guadalupe Modesto to the City of Pico Rivera (“City”) is hereby accepted by the undersigned officer on behalf of the City pursuant to authority conferred by City Council Resolution No._________ adopted on November 12, 2024. City hereby consents to the recordation thereof by its duly authorized officer.
CITY OF PICO RIVERA
By: ______________
Steve Carmona, City Manager
ATTEST:
By: _______
Cynthia Ayala, City Clerk
Dated: ___________________________
ENCLOSURE 3
5c
To: Mayor and City Council
From: City Manager
Meeting Date: November 12, 2024
Subject: RESOLUTION APPROVING ONE YEAR EXTENSION FOR
TENTATIVE PARCEL MAP NO. 83251
Recommendation:
1. Approve a resolution to extend Tentative Parcel Map No. 83251 for one (1) year.
Fiscal Impact:
There is no fiscal impact to the General Fund associated with this report Background:
On October 25, 2022, the City Council approved Resolution No. 7232 and Conditional Use Permit (CUP) No. 747 for the construction of a 357,000 square foot warehouse and a 2,500 square foot retail building on the southwest quadrant of Beverly Boulevard and the 605 freeway by Insight Development Group. The applicant anticipates bridge construction to access the property will begin in early 2025, followed by development of the site in 2026.
Discussion:
On September 9, 2024, the applicant submitted a request to extend the approval of Tentative Parcel Map No. 83251 for a period of one (1) year. Section 17.12.090 of the Pico Rivera Municipal Code (PRMC) allows for an extension of a tentative parcel map for up to one (1) year with City Council approval.
The Applicant is actively negotiating with Union Pacific Railroad for the purchase of a 140 square foot sliver of land that travels approximately 70 feet into the project site. The portion of land under negotiation between the developer and Union Pacific is shown in Illustration A. The applicant anticipates acquiring the portion of land within the one-year map extension period. If approved by City Council, the expiration of the parcel map will be extended to November 12, 2025. Resolution No. 7232 approved by City Council is included as Enclosure 2 as reference.
6 CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024
RESOLUTION APPROVING ONE YEAR EXTENSION FOR TENTATIVE PARCEL MAP NO. 83251
Illustration A
Environmental Analysis:
The proposed extension is exempt from environmental review pursuant to the California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3), the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility that allowing a tentative map approval extension will have a significant effect on the environment.
Conclusion:
Staff recommends that the City Council approve the resolution for a one-year extension of Tentative Parcel Map No. 83251.
Steve Carmona
SC:AB:HH:ca
Enclosures: 1) Resolution
2) Resolution No. 7232
Portion of land under negotiation with Union Pacific
U.P. Tracks
North
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, APPROVING A ONE YEAR EXTENSION FOR
TENTATIVE PARCEL MAP NO. 83251
WHEREAS, on October 25, 2022 at a duly noticed public hearing, the City Council unanimously approved Tentative Parcel Map No. 83251; and WHEREAS, section 17.12.090 of the Pico Rivera Municipal Code allows a one year extension of tentative parcel maps by the approving authority; and WHEREAS, the applicant, Insite Development Group filed a timely application for a one-year extension to Tentative Parcel Map No. 83251; and WHEREAS, the City Council has reviewed the extension request.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:
SECTION 1. The foregoing recitals are true and correct and are hereby incorporated as substantive findings in this resolution.
SECTION 2. The proposed extension is exempt from environmental review pursuant to the California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3), the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility that allowing a tentative map approval extension will have a significant effect on the environment.
SECTION 3. The City Council finds, based upon the staff report accompanying this resolution and the above recitals, that an extension for Tentative Parcel Map No. 83251 be approved for one year from the approval date of this resolution.
SECTION 4. All findings and conditions adopted within City Council Resolution No. 7232 shall remain in full force and effect.
SECTION 5. The City Clerk shall certify the approval of this resolution and hereafter the same shall be in full force and effect.
APPROVED AND PASSED this 12th day of November 2024.
Andrew C. Lara, Mayor
ENCLOSURE 1
6a
RESOLUTION NO. ____
ATTEST: APPROVED AS TO FORM:
Cynthia Ayala, City Clerk Arnold M. Glasman, City Attorney AYES:
NOES:
RESOLUTION NO. 7232
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO.
83251 TO CONSOLIDATE SEVEN (7) PROPERTIES INTO ONE (1)
PARCEL LOCATED ON THE SOUTHWEST QUADRANT OF BEVERLY
BOULEVARD AND INTERSTATE 605 (FREEWAY) IN THE INDUSTRIAL
PLANNED DEVELOPMENT (
IPD) ZONE
WHEREAS, the Division of Land Committee of the City of Pico Rivera considered the consolidation at the meeting of June 27, 2022, and recommended conditional approval of Tentative Parcel Map No. 83251; and
WHEREAS, the Planning Commission of the City of Pico Rivera carefully considered all pertinent testimony and the staff report offered in the case as presented at the duly noticed public hearing of October 10, 2022, and unanimously voted in favor of recommending approval to the City Council; and
WHEREAS the developer has submitted joint applications including Conditional Use Permit No. 747, General Plan Amendment No. 58, and Zone Reclassification No. 326 to rezone parcels 8130-024-006,8130-024-007 and 8130-024-825 from Public Facilities (P-F) to Industrial Planned Development (IPD); and
WHEREAS, the City Council of the City of Pico Rivera has reviewed Tentative Parcel Map No. 83251 and related environmental aspects of this Tentative Parcel Map to consolidate seven (7) properties into one (1) parcel as shown on Tentative Parcel Map No. 83251 attached hereto and depicted in Exhibit "A".
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:
SECTION 1. The foregoing recitals are true and correct and are hereby incorporated as substantive findings in this resolution.
SECTION 2. The City Council approved concurrently with this resolution a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project through City Council Resolution No. 7229.
SECTION 3. Pursuant to Chapter 17.16.040, Article II of the Pico Rivera Municipal Code, the City Council of the City of Pico Rivera hereby approves the Tentative Parcel Map application as specifically described in this resolution described in Exhibit "A" made a part hereof and further designated as Tentative Parcel Map No. 83251.
SECTION 4. The City Council finds, based upon the staff report accompanying this resolution, written and oral testimony, and the above recitals, that Tentative Parcel Map No. 83251 be approved for the following reasons and findings:
- -----�-----------------..IJ
ENCLOSURE 2
6b
RESOLUTION NO. 7232
PAGE 2 OF 5
1. That the lot consolidation is in compliance with the development standards and regulations contained in Titles 17 and 18 (Subdivision & Zoning respectively) of the Pico Rivera Municipal Code (PRMC) relevant to the development of IPD zoned properties.
2. That the lot consolidation will not result in conditions or circumstances contrary to the public health, safety, or welfare because adequate public utilities will be provided to the project along with the implementation of fire safety regulations that are suitable for future development.
3. That pursuant to the provisions of the State of California Public Resources Code the proposed project was analyzed in accordance with the California Environmental Quality Act Guidelines, an Initial Study was prepared to determine whether the Project may have a significant effect on the environment. On the basis of the Initial Study, it has been determined that the Project may have a potential significant effect on the environment which will be mitigated to a level that is less than significant and therefore, a Mitigated Negative Declaration and Mitigation Monitoring Reporting Plan was prepared and circulated for � period of not less than 30 days pursuant to CEQA Guidelines Section 15063. The City Council hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring Plan as adequate to assess the environmental impacts of the project, based on the findings contained herein.
4. That the design of the lot consolidation or type of improvements are not likely to cause serious public health problems. The proposed subdivision has been reviewed under the guidelines of the California Environmental Quality Act and City guidelines which determined that the project would result in no adverse impacts or cause serious public health problems.
5. That the design of the lot consolidation or type of improvements will not conflict with easements acquired by the public at large for access through or use of the property within the proposed subdivision. The subdivision includes a condition of approval for an easement which will be used in the future to create a bike/pedestrian trail of not less than ten (10) feet in width and length necessary to connect the former heavy rail bridge over the Interstate - 605 Freeway with the San Gabriel River Parkway Trail.
6. That the proposed project will not be detrimental to adjoining properties as the proposal to consolidate seven (7) adjacent properties into one (1) parcel, where an industrial development is contemplated to be constructed. By merging the existing adjacent parcels, the future industrial development will comply with regulation contained in Title 18 of the Pico Rivera Municipal Code and therefore will not be detrimental to any adjoining properties.
7. That adequate consideration has been given to assure the conservation and RESOLUTION NO. 7232
PAGE 3 OF 5
stabilization of property values, the direction of development and land use planning of the area in which the subdivision is proposed to be located and the peculiar suitability of such zone as the proposed lot consolidation is maintained and consistent with the community's overall planning goals and programs through the conditions of approval.
SECTION 5. Furthermore, in accordance with Section 17.16.050 of the Pico Rivera Municipal Code, the City Council of the City of Pico Rivera at the public hearing held on October 25, 2022, hereby approves Tentative Parcel Map No. 83251 for a 19.06 acre project area situated between the San Gabriel River to the west and Interstate - 605 Freeway to the east, and south of Beverly Boulevard, in the IPD zone, subject to the following conditions of approval:
1. The property shall be subdivided in accordance with Tentative Parcel Map No. 83251 date stamped October 10, 2022, labeled Exhibit "A", and as modified by the City Council through the Conditions of Approval.
2. Applicant to abide by the County of Los Angeles County Fire Department - Land Development Unit requirements identified as Exhibit "B", dated April 13, 2022, and attached hereto and incorporated by this reference.
3. Applicant to abide by all conditions and requirements of the City of Pico Rivera Public Works Department.
4. The Final Parcel Map shall include an easement with dimensions that are suitable for the placement of a billboard sign, as determined by the City of Pico Rivera.
5. The development shall be in conformity with all applicable provisions of the Pico Rivera Municipal Code and shall conform to the requirements of the Subdivision Map Act and applicable conditions contained herein.
6. The subject properties shall be in compliance with all conditions of approval stipulated under Conditional Use Permit No. 747, General Plan Amendment No. 58, and Zone Reclassification No. 326.
7. A Certificate of Occupancy shall not be issued until the portion of boundary line identified with a hexagon and the number 45 (Tentative Parcel Map page 2 of 5) has been adjusted and no longer allows for a portion of Union Pacific land to encroach within the confines of the development. In the event this narrow portion of land is not acquired, applicant must fence and exclude land from development and show all truck turning/parking is adequate.
8. Final Parcel Map shall reflect all subsequent applicable changes that may result from approval of the Tentative Parcel Map.
RESOLUTION NO. 7232
PAGE 4 OF 5
9. An easement shall be provided in a suitable location of not less than ten (10) feet in width and the length necessary to create a connection between the former heavy rail bridge over the Interstate - 605 Freeway and the San Gabriel River Parkway Trail. The easement shall be provided prior to the recordation of a Final Parcel Map.
10. The applicant shall obtain approval for an easement for access to the stie from Beverly Boulevard from Southern California Edison.
11. Proof of recordation of the Final Map shall be submitted to the Community and Economic Development Department.
12. Final Parcel Map to be prepared in accordance with subdivision requirements of the Pico Rivera Municipal Code, the State Subdivision Map Act and applicable conditions contained herein.
13. The Tentative Parcel Map shall expire 24 months after its approval unless a time extension is granted pursuant to Section 17.12.090 of the Pico Rivera Municipal Code.
14. Failure to comply with the above conditions will cause this Tentative Parcel Map to become null and void.
15. The applicant shall defend, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers, and employees from any claim, action, or proceeding brought against the City, its elected and appointed officials, agents, officers, or employees arising out of, or which are related to the applicant's project or application (collectively referred to as "Proceedings"). The indemnification shall include, but not be limited to, damages, fees and/or costs, liabilities, and expenses incurred or awarded in connection with the proceedings whether incurred by the applicant, the City and/or the parties initiating or bringing such Proceedings. This indemnity provision shall include the applicant's obligation to indemnify the City for all the City's costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth herein. The City shall have the right to choose its own legal counsel to represent the City's interest in the Proceedings.
16. The Applicant shall sign, notarize, and return to the Community and Economic Development Department an affidavit accepting all Conditions of Approval contained herein within 15 days from the date of the approval. The Applicant acknowledges and understands that all conditions set forth in this resolution are conditions precedent to the grant of approval and failure to comply with any condition contained herein shall render this entitlement non-binding as against the City and shall confer Applicant no legal rights under the law. "'-----------------------------
RESOLUTION NO. 7232
PAGE 5 OF 5
SECTION 6. In the event that any portion of this resolution is deemed invalid or is unenforceable, such provision s�all be severable from the remainder and that the remainder of the resolution shall be given full force and effect.
SECTION 7. The City Clerk shall certify the approval of this resolution and hereafter the same shall be in full force and effect.
APPROVED AND PASSED this 25th day of October 2022.
ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM:
Camacho, Elias, Lara, Lutz, Sanchez
None
None
None
EXHIBIT A
COUNTY OF LOS ANGELES FIRE DEPARTMENT
FIRE PREVENTION DIVISION
Land Development Unit
5823 Rickenbacker Road
Commerce, CA 90040
Telephone (323) 890-4293, Fax (323) 890-9783
EPIC-LA NUMBER: FLDU2021001321 PROJECT NUMBER: PM83251
CITY/COMMUNITY: Pico Rivera STATUS: Cleared
PROJECT ADDRESS: DATE: 04/13/2022
CONDITIONS
Tentative Parcel map TR 83251 has satisfied the County of Los Angeles Fire Department Fire Prevention Division Land Development requirements for the Tentative Map review and is cleared to proceed to the public hearing process.
1. Water for firefighting purposes shall be supplied by the City of Whittier Department of Public Works per the letter dated March 17, 2022 from the City of Whittier Department of Public Works on file in epicla.lacounty.gov FLDU2021001321
2. The required fire flow for private/on-site fire hydrant(s) for this project is 2,500 GPM at 20 PSI residual pressure for 2 hours. Each private fire hydrant shall be capable to supply of fire flow no less than 1250gpm at 20psi residual pressure for 2 hours duration. Fire Code 507.3 & Appendix C106.1 Install 9 new private on-site fire hydrants. Sheet: A1-1P Overall Site Plan- The proposed private on-site fire hydrants plotted in the loading dock areas shall be located adjacent to the Fire Department vehicular access (Fire Lane).
Underground plans for the required private on-site fire hydrants shall be submitted through epicla.lacounty.gov to the County of Los Angeles Fire Department Fire Prevention Engineering Section Sprinkler Plan Check Unit for review and approval.
All hydrants shall measure 6”x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal. All on-site hydrants shall be installed a minimum of 25' feet from a structure or protected by a two (2) hour rated firewall.
Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants.
All required fire hydrants shall be installed, tested, and accepted prior to construction.
3. The required fire flow for public fire hydrant(s) for this project is 4,000 GPM at 20 PSI residual pressure for 4 hours. 3 public fire hydrant(s) flowing simultaneously may be used to achieve the required fire flow. Fire Code 507.3 & Appendix B105.1, B105.2
Install 1 new public fire hydrant. Sheet: A1-1P Overall Site Plan. Water improvement plans for the required public fire hydrant shall be submitted through epicla.lacounty.gov from the local water purveyor for review and approval.
All hydrants shall measure 6”x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal. All on-site hydrants shall be installed a minimum of 25' feet from a structure or protected by a two (2) hour rated firewall.
Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants.
All required fire hydrants shall be installed, tested, and accepted prior to construction.
Proof of financial obligation shall be provided for the installation of the required public fire hydrant with the Final Map Submittal for review and approval prior to Final Map recordation. The proof of financial obligation may be a paid receipt for the work order for the installation of the required public hydrant or a copy of a bond for the installation of the required public fire hydrant.
4. For any questions regarding the report, please contact Nancy Rodeheffer at (323) 890-4243 or [email protected].
Reviewed by: Page 1 of 1
EXHIBIT B
To: Mayor and City Council
From: City Manager
Meeting Date: November 12, 2024
Subject: PURCHASE OF REAL PROPERTY LOCATED AT 8563-
8565 WHITTIER BOULEVARD (APN: 6373-019-017,030)
Recommendation:
1. Approve a resolution making findings pursuant to Government Code Section 65402 that the City of Pico Rivera’s (City) acquisition of real property located at 8563-8565 Whittier Boulevard (Property) is consistent with the City’s General Plan;
2. Approve a Purchase and Sale Agreement for the purchase of the Property and authorize the City Manager to execute the agreement in a form approved by the City Attorney; and
3. Find that the City’s acquisition of the Property is exempt from the California Environmental Quality Act (CEQA).
Fiscal Impact:
Funding for this property acquisition is from $1,000,000 previously designated for this effort and is within General Fund Assigned Fund Balance. Should the City Council approve the acquisition, staff will appropriate $1,000,000 to GL Account No. 100.90.9000- 57100 (Land) for fiscal year (FY) 2024-25. Additional appropriation will be requested at a later time for improvement on this property to meet the City’s operating needs.
Background:
The City has an opportunity to acquire the real property located at 8563-8565 Whittier Boulevard. The subject property is situated at a major intersection and has the potential to serve as a catalyst redevelopment opportunity and a public benefit to property and business owners in the immediate area. The Property is currently occupied by a beverage container recycler under a month-to-month lease and which, according to the CalRecycle website, has been operational since March 2020. If acquired by the City, the Property would be delivered free and clear of any tenants, occupants, liens or encumbrances. 7 CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024 PURCHASE OF REAL PROPERTY LOCATED AT 8563-8565 WHITTIER BOULEVARD (APN: 6373-019-017,030)
The subject property is comprised of two (2) parcels. Parcel A at 8563 Whittier Boulevard, APN No. 6373-019-030 is zoned Limited Industrial (I-L). Parcel B at 8565 Whittier Boulevard, APN No. 6373-019-017 is zoned Limited Industrial (I-L) on the westerly side and Public Facilities (P-F) on the easterly side (coinciding with the Southern California Edison powerline easement). Combined, Parcel A (1,700 square foot) and B (47,290 square foot), measure approximately 49,620 square feet and have no permanent structures on site.
Discussion:
Over the past several weeks, staff and the property owner have negotiated in good faith on the terms and conditions for this transaction which are memorialized in the attached Purchase and Sale Agreement (Enclosure 2).
The key terms and conditions include the following:
- Purchase Price: $1,000,000 ($100,000 deposit) to be paid by City; - Escrow Period: Escrow would close approximately 60 days after opening; - Due Diligence Period: City would have 30 days to inspect and approve of the physical condition of the property, after which deposit becomes non-refundable; - Closing Conditions: (1) Seller must provide a title report demonstrating a clear title; (2) Property must be delivered in a clean and unoccupied condition; and (3) Seller to provide an updated Phase I (or Phase II) Environmental Assessment for the property to confirm/identify presence of contaminants.
The purchase price of $1,000,000 is consistent with land prices for similar properties in the area pursuant to a Broker’s Opinion of Value from DAUM Commercial Real Estate Services.
If the City desires to move forward with purchasing the Property, the City Council will need to make findings pursuant to California Government Code Section 65402 that the purpose and extent of the acquisition conforms with the General Plan. The proposed purchase is consistent with, among others, the following General Plans goals and polices:
- Community Image and Character
Goal 3.6 Improve the community image by ensuring a consistent level of highquality design and ongoing maintenance and improvement of existing development.
- Industrial Land Uses
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024 PURCHASE OF REAL PROPERTY LOCATED AT 8563-8565 WHITTIER BOULEVARD (APN: 6373-019-017,030)
Goal 3.9 A wide range of quality industries that provides job opportunities for Pico Rivera’s residents while ensuring compatibility with nearby residential neighborhoods.
Policy 3.9-1 New Industrial Development. Promote high quality industrial development and redevelopment that is compatible with surrounding uses and enhances the adjacent streetscape
Policy 3.9-4 Design and Buffer. Ensure that industrial developments are sited and adequately buffered from surrounding neighborhoods and development to minimize negative impacts such as visual pollution, noise, odors, truck activities, and other such conflicts on non-industrial uses.
Environmental Analysis:
Pursuant to California Environmental Quality (CEQA) Guidelines Section 15060(c)(2), 15060(c)(3) and 15061 (b)(3), the City’s purchase of the Property is categorically exempt from the provisions of the Act. 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 15378; or the activity is covered by the commonsense exemption because it has no potential for causing a significant effect on the environment. As applied here, the City will be purchasing vacant property without any specific or intended change in use, and any future use and development of the Property will be analyzed in accordance with the requirements of CEQA. Under these circumstances it can be seen with certainty that there is no possibility that the subject action will have a significant effect on the environment, and therefore it is not subject to CEQA.
Conclusion:
Staff recommends approving a resolution making findings pursuant to Government Code Section 65402 that the City’s acquisition of real property located at 8563-8565 Whittier Boulevard is consistent with the City’s General Plan, approve a Purchase and Sale Agreement for the purchase of the Property and authorize the City Manager to execute the agreement, and find that the City’s acquisition of the Property is exempt from the California Environmental Quality Act.
Steve Carmona
SC:AB:jj
Enclosures: 1) Resolution
2) Purchase and Sale Agreement
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, APPROVING PURCHASE OF REAL PROPERTY IDENTIFIED AS 8563-8565 WHITTIER BOULEVARD, PICO RIVERA, CALIFORNIA 90660 (APN: 6373-019-017,030), AND THE MAKING OF
FINDINGS IN CONNECTION THEREWITH
WHEREAS, in October 2024, the property identified as 8563-8565 Whittier Boulevard, City of Pico Rivera, California, having Los Angeles County Assessor Parcel Number 6373-019-017,030 (the “Property”), was listed for sale; and WHEREAS, the Property is an approximately 1.12 acre lot designated for commercial or industrial uses and is situated in a predominantly commercial neighborhood and bordered by residential uses to the north; and WHEREAS, the City desires to purchase the Property for future development or redevelopment as it could serve as a catalyst for redevelopment of the vicinity and a public benefit to property and business owners in the immediate area; and WHEREAS, the City and owner of the Property have concluded their negotiations and desire to enter into a Purchase and Sale Agreement to memorialize the terms and conditions by which the City will purchase and the owner will sell the Property; and WHEREAS, the City Council has duly considered all evidence and information presented to it in connection with its consideration of this matter, and it is based on such evidence and information that the City Council makes the findings and determinations that are set forth below in this Resolution; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have been duly performed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:
SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution and are incorporated herein as part of the findings.
SECTION 2. The City Council hereby approves purchase of the Property upon and subject to the terms and conditions set forth in the Purchase and Sale Agreement and authorizes and directs the City Manager to execute the agreement in a form approved by the City Attorney, and to take such other actions and sign such other documents as are reasonably necessary to complete the transaction and effectuate the purpose of this Resolution.
Enclosure 1
7a
RESOLUTION NO. ____
SECTION 3. The City Council finds that purchase of the Property is categorically exempt from 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 15378; or the activity is covered by the commonsense exemption because it has no potential for causing a significant effect on the environment. As applied here, the City will be purchasing underutilized property without any specific or intended development plans or change in use, and any future development or use of the Property will be analyzed in accordance with the requirements of CEQA. Under these circumstances it can be seen with certainty that there is no possibility that the subject action will have a significant effect on the environment, and therefore it is not subject to CEQA.
SECTION 4. Pursuant to California Government Code 65402, the City Council finds that acquisition of the Property is consistent the General Plan and specifically, among others, the following goals and polices of the General Plan, because in that the Property is currently underutilized and the City’s purchase will facilitate its future development or redevelopment with a productive land use that serves existing land use needs:
1) General Plan Goal 3.6 which calls for improvements to the community image by ensuring a consistent level of high-quality design and ongoing maintenance and improvement of existing development.
2) Goal 3.9 calls for a wide range of quality industries that provides job opportunities for Pico Rivera’s residents while ensuring compatibility with nearby residential neighborhoods.
a) Policy 3.9-1 New Industrial Development. Promote high quality industrial development and redevelopment that is compatible with surrounding uses and enhances the adjacent streetscape.
b) Policy 3.9-4 Design and Buffer. Ensure that industrial developments are sited and adequately buffered from surrounding neighborhoods and development to minimize negative impacts such as visual pollution, noise, odors, truck activities, and other such conflicts on non-industrial uses.
SECTION 5. The City Clerk shall attest to the passage of this Resolution, and it shall thereupon be in full force and effect.
[Signatures on following page]
RESOLUTION NO. ____
APPROVED AND PASSED this 12th day November 2024.
___________________________
Andrew C. Lara, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ _______________________________ Cynthia Ayala, CMC, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:
NOES:
PURCHASE AND SALE AGREEMENT OF REAL PROPERTY
This Agreement for the Purchase and Sale of Real Property (“Agreement”) is entered into this 22nd day of October 2024, by and between Picopro, LLC, a California limited liability corporation (“Seller”), and the City of Pico Rivera, a California municipal corporation (“Buyer”). The Buyer and Seller are at times herein referred to individually as a “Party” and cumulatively as the “Parties.”
RECITALS
A. Seller is the current owner of that certain real property consisting of approximately 39,028 square feet and associated improvements located at 8563-8565 Whittier Boulevard, Pico Rivera, California (Los Angeles County Assessor Parcel Nos. 6373-019-017 and 6373-019-030 and legally described in Exhibit “A” hereto, the “Property”).
B. Seller desires to sell the Property to Buyer and the Buyer desires to purchase the Property on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, the parties agree as follows:
AGREEMENT
1. PURCHASE AND SALE. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the Property on the terms and subject to the conditions set forth in this Agreement. The “Effective Date” of this Agreement shall be the first date upon which both Seller and Buyer have executed this Agreement.
2. PURCHASE PRICE. The purchase price be paid by Buyer to Seller in exchange for the Property shall be ONE MILLION DOLLARS ($1,000,000.00) (the “Purchase Price”). The Purchase Price shall be paid by Buyer to Seller through Escrow in the manner specified in this Agreement. The Parties agree that Purchase Price is equal to the fair market value of the Property.
A. Earnest Money Deposit. Within TEN (10) days of Seller’s opening of the “Escrow” (defined in Section 5), Buyer shall deliver funds (by check, wire transfer or other agreed upon means) in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) to the “Escrow Agent” (defined in Section 5) to be deposited in a non-interest-bearing account and held as an earnest money deposit hereunder pursuant to the terms and provisions hereof (the “Deposit”). The Deposit shall be refundable to Buyer until the expiration of the Contingency Period, as defined in Paragraph 7.A, and, subject to the satisfaction of the Seller’s Obligations Prior to the Closing in Paragraph 5.F, will be deemed non-refundable to Buyer upon the expiration of the Contingency Period. The Deposit shall be applied to the Purchase Price at the Closing.
`
B. Payment of Buyer Cash. At least two (2) days prior to the Closing (as defined in Section 5, Buyer shall deliver funds (by check, wire transfer or other agreed upon means) to the Escrow Agent in an amount equal to NINE HUNDRED THOUSAND DOLLARS ($900,000.00) representing the balance of the Purchase Price after the Deposit.
3. MAINTENANCE AND SECURITY DURING ESCROW. The Parties have a mutual interest and desire to protect, secure, and preserve the Property. To that end, during the pendency of Escrow, Seller hereby authorizes and grants Buyer a license to enter onto the Property to conduct inspections or remediate unlawful or unsafe conditions on the Property that create a danger to public health and safety. The Buyer Enclosure 2
7b
Purchase and Sale Agreement: 8563-8565 Whittier Boulevard
PICOPRO, LLC
shall pay for the cost and expense of any such inspections or activities performed on the Property during Escrow.
4. RESERVED.
5. ESCROW. The Parties shall complete the purchase and sale of the Property through an escrow and in accordance with terms and procedures set forth in this section. This Agreement constitutes the joint basic escrow instructions of Seller and the Buyer for conveyance of the Property by Seller to the Buyer.
The Buyer shall execute, deliver and be bound by any reasonable or customary supplemental or additional escrow instructions (“Additional Instructions”) of Title Company or other instruments as may be reasonably required by Title Company in order to consummate the transaction contemplated by this Agreement; provided they do not conflict with, amend or supersede any portions of this Agreement unless expressly consented or agreed to in writing by Seller and Buyer. In the event of any conflict or any inconsistency between this Agreement and such Additional Instructions, this Agreement shall govern unless otherwise specifically agreed to in writing by the Seller and Buyer.
A. Opening of Escrow. Within five (5) business days following the Effective Date, Seller shall open an escrow (“Escrow”) with Commerce Escrow (“Title Company”), 1055 Wilshire Boulevard, Suite #1000, Los Angeles, CA 90017; telephone number: 213.353.4060; Title Officer: Dwayne Butler ([email protected].) (“Escrow Agent”). The actual date the Escrow is opened is referred to as the “Opening”.
B. Close of Escrow. For purposes of this Agreement, “Closing” means the recordation in the Official Records of Los Angeles, California, of the grant deed in the form attached hereto as Exhibit “C” conveying the Property to the Buyer subject to the covenants and conditions contained therein (“Grant Deed”) and the disbursement of funds and distribution or recording of any other documents by Title Company, all as described herein. Unless extended in a writing signed by the Parties, the Closing shall occur no later than sixty (60) days after the Opening (“Closing Date”); provided that the Closing Date shall be extended to satisfy Seller’s outstanding conditions of the Closing upon written request by Seller and the written consent of Buyer in its sole and absolute discretion, provided that Buyer is not then in default of this Agreement. The Closing Date shall also be extended by Seller for up to two (2) thirty (30) day periods, or for such longer period as may be mutually agreed by the Parties, if necessary to satisfy Buyer’s condition of the Closing identified in Paragraph 5.F.2 upon written notice to Buyer that a holdover tenant occupies the Property.
C. Costs. Seller shall pay the costs of the Title Policy (as defined in Section 6), all transfer taxes and recording costs, and Buyer shall pay costs associated with any extended coverage title policy (i.e., extended ALTA coverage) any title endorsements requested by Buyer as described in Section 6.A. All other closing costs and costs of Escrow shall be divided between the Seller and Buyer equally. Title Company shall provide a preliminary closing statement to the Seller and Buyer prior to the Closing Date.
D. Tax Prorations. Seller shall be liable for and shall pay in full all real property taxes and assessments levied on or incurred by the Property prior to the Closing, and, except as provided herein, Buyer shall be liable for any such taxes or assessments levied on or after the Closing. Seller shall be solely and exclusively entitled to any property tax or assessment refunds that may be due or paid based on the exact date of Closing. Buyer covenants and agrees to cooperate in good faith through the provision of documents and information to Seller or third-parties in connection with Seller seeking the recovery of any such refunds that may be due.
Purchase and Sale Agreement: 8563-8565 Whittier Boulevard
PICOPRO, LLC
E. Reserved.
F. Seller’s Obligations Prior to the Closing. Prior to or at the Closing, Seller shall have completed each of the following as conditions precedent to Buyer’s purchase of the Property:
1) Seller shall have taken all actions necessary and appropriate relative to enabling the Title Company to issue the irrevocable commitment and Title Policy to Buyer required by this Agreement, subject only to the Permitted Exceptions (defined below). 2) Seller shall have taken all actions necessary and appropriate relative to enabling the Seller to deliver the Property to Buyer at the Closing free and clear of any leases, tenants, or occupants. 3) Seller shall have obtained and disclosed to Buyer the Environmental Assessments described in Section 7.C. below.
4) Seller shall have cleaned and cleared the property of all tangible and movable personal property, equipment, trash, debris, rubbish, and any tangible materials of any kind or nature that are not fixtures to the Property, such that the Property is delivered to the Buyer in a clean and neat condition at the Closing.
5) At least two (2) days prior to the Closing, Seller shall tender to the Title Company the following documents (which may be counterparts, in recordable form, as necessary):
(a) An original of the Grant Deed, executed by Seller and acknowledged. (b) An owner’s affidavit, in form and substance acceptable to the Title Company, if required; and
(c) Such other documents and funds required of Seller under this Agreement or reasonably required by Title Company.
6) Seller shall complete all of its obligations under this Agreement that are required to be completed prior to the Closing.
7) All representations and warranties of the Seller hereunder shall be true as of the Effective Date and as of the Closing, and shall otherwise continue for the time periods set forth herein.
G. Buyer’s Obligations Prior Closing. Prior to or as of the Closing Buyer shall have completed all of the following as conditions precedent to Seller’s obligation to sell the Property to Buyer:
1) On or before the Closing, Buyer shall have paid into escrow that portion of the Buyer Cash required by Section 2.C of this Agreement.
2) The Buyer shall have received an irrevocable commitment from the Title Company to issue the Title Policy required by this Agreement, subject only to the Permitted Exceptions (defined in Section 6), and Seller shall have taken all actions necessary and appropriate relative to the condition of title to enable the Title Company to issue said Title Policy. 3) At least two (2) days prior to the Closing, Buyer shall tender to the Title Company the following documents (which may be counterparts, in recordable form, as necessary):
Purchase and Sale Agreement: 8563-8565 Whittier Boulevard
PICOPRO, LLC
(a) A certificate of acceptance of the Grant Deed, adopted and approved by the City Council of Pico Rivera as the legislative body of the Buyer. (b) A FIRPTA Certificate and California Form 590 or 593-C, if required by the Escrow Agent.
(c) An owner’s affidavit, in form and substance acceptable to the Title Company, if required; and
(d) Such other documents and funds required of Seller under this Agreement or reasonably required by Title Company.
4) Buyer shall have completed all of its obligations under this Agreement that are required to be completed prior to the Closing.
5) All representations and warranties of the Buyer hereunder shall be true as of the Effective Date and as of the Closing, and shall otherwise continue for the time periods set forth herein.
H. Title Company and Escrow Agent Responsibilities. At the Closing, Title Company and Escrow Agent, as applicable, are authorized and instructed to:
1) Using the proceeds of the sale (Buyer Cash), to cause the satisfaction and removal of all exceptions to title to the Property except for the Permitted Exceptions (defined in Section 6), provided that before such payments or charges are made, Title Company shall notify Seller of the terms necessary to satisfy and remove such monetary liens or encumbrances, and Seller shall approve the disbursement of necessary funds.
2) Pay, and charge the Buyer and Seller, respectively, for any fees, charges and costs payable under this Agreement. Before such payments or charges are made, Title Company shall notify Buyer and Seller of the fees, charges and costs necessary to clear title and close the Escrow, all of which shall be reflected on the closing statement at Closing. 3) Record the Grant Deed and any other instruments as appropriate, delivered through Escrow.
4) Deliver to each Party copies of all tax withholding form(s). 5) Disburse such other funds and deliver such other documents to the Parties that are entitled thereto.
6) Cause the Title Policy or Extended Policy (as defined in Section 6), as applicable, to be issued.
7) Perform and take actions directed in any agreements or escrow instructions between Seller and Buyer, if applicable.
I. Notices. All communications from Title Company and Escrow Agent to Buyer or Seller shall be directed to the addresses and in the manner established in this Agreement for notices, demands and communications between the Buyer and Seller.
Purchase and Sale Agreement: 8563-8565 Whittier Boulevard
PICOPRO, LLC
6. TITLE MATTERS
A. Condition of Title; Title Policy. It is a condition to the Closing for Buyer’s benefit that the Title Company be committed to issue to Buyer, upon the Closing, a standard CLTA owner’s policy of title insurance (“Title Policy”) in an amount equal to the Purchase Price, showing title to the Property subject only to the Permitted Exceptions. Title Company will issue the Title Policy to Buyer upon Closing. Instead of the Title Policy being a standard CLTA owner’s policy of title insurance, Buyer may instead elect to obtain an extended coverage ALTA owner’s policy of title insurance (“Extended Policy”) on the following conditions: (a) Buyer pays for all additional premiums and any other fees and costs attributable thereto (b) Buyer shall be solely responsible for the additional requirements for the issuance of the Extended Policy (such as an ALTA survey), and (c) such request (or the fulfillment thereof) does not delay the Closing.
B. Permitted Exceptions. The term “Permitted Exceptions” as used herein shall mean the following described conditions and exceptions to title or possession:
1) A lien to secure payment of general and special real property taxes and assessments that accrue from and after the Closing.
2) A lien of supplemental taxes assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code accruing on or after the Closing. 3) Matters affecting the condition of title created by or with the written consent of Buyer.
4) Other exceptions to title disclosed by the Title Report (defined below) that have been approved in writing by Buyer prior to the end of the Contingency Period (defined below), which shall constitute Permitted Exceptions.
C. Title Report, Review and Approval. Within five (5) calendar days following the Effective Date, Seller shall obtain and shall provide a copy to Buyer of an updated preliminary report from the Title Company, together with the underlying documents relating to the Schedule B exceptions set forth in such report (collectively, the “Title Report”). Buyer shall have until the end of the Contingency Period (defined below) to review and approve the Title Report and, if desired, obtain an ALTA survey (“Survey”). Buyer shall notify Seller in writing on or before the Contingency Date (defined in below) of any disapproved matters in the Title Report and Survey. Any matters not so disapproved shall be a part of the Permitted Exceptions; however, Buyer hereby objects to any and all monetary encumbrances that may appear in the Title Report, all of which shall be removed therefrom by Seller at no cost to Buyer, and none of which shall be a Permitted Exception. Seller shall have ten (10) days from the receipt of Buyer’s notice either to obtain at Seller’s cost, as applicable, the issuance of an endorsement to the Title Report removing such disapproved matters or, if acceptable to Buyer, to obtain affirmative title insurance protection for such disapproved matters satisfactory to Buyer in Buyer’s sole discretion. If Seller fails either to provide for the removal of such exceptions or to obtain affirmative title insurance protection for such exceptions satisfactory to Buyer in Buyer’s sole discretion within such ten (10) day period, then at Buyer’s option, Buyer may advance the cost of removing or satisfying the exception and deduct the cost from the Buyer Cash paid by Buyer. If such notice is not timely given by the Buyer, then such disapproved matters shall constitute Permitted Exceptions.
If any endorsement or update issued to the Title Report or Survey contains new exceptions other than those in the initial Title Report or Survey, Buyer shall be entitled to object to any such exceptions by a written notice of objections to Seller on or before the date ten (10) days following Buyer’s receipt of such Purchase and Sale Agreement: 8563-8565 Whittier Boulevard
PICOPRO, LLC
endorsement or update. If Buyer fails to deliver to Seller a notice of objections to such new exceptions on or before such date, Buyer shall be deemed to have waived any objection to the new exceptions appearing on such endorsement or update, and thereafter all such new exceptions (or those not actually objected to) shall be deemed to be Permitted Exceptions. Seller shall have ten (10) days from the receipt of Buyer’s notice either to obtain at Seller’s sole cost, as applicable, the issuance of an endorsement to the Title Report or a revision to the Survey removing such exceptions or, if acceptable to Buyer, to obtain affirmative title insurance protection for such exceptions satisfactory to Buyer in Buyer’s sole discretion. If Seller fails either to provide for the removal of such exceptions or to obtain affirmative title insurance protection for such exceptions satisfactory to Buyer in Buyer’s sole discretion within such ten (10)-day period, then at Buyer’s option, buyer may advance the cost of removing or satisfying the exception and deduct the cost from the Purchase Price. If such notice is not timely given by the Buyer, then such disapproved matters shall constitute Permitted Exceptions.
Notwithstanding any contrary term or provision in this Agreement, the Closing will be extended as needed to comply with the requirements of this Section.
7. SUITABILITY AND CONDITION OF PROPERTY.
A. Contingency Period. It is a condition precedent to the Closing for Buyer’s benefit that Buyer has determined, on or before the date that is thirty (30) days after the Opening (such date herein referred to as the “Contingency Date” and the period from the Effective Date to the Contingency Date herein referred to as the “Contingency Period”) that the Property is suitable for Buyer’s intended use, as determined by Buyer in its sole discretion. Within five (5) days of the Opening, Seller shall deliver copies of all records or documents in Seller’s possession relating to the Property to Buyer before the Effective Date of this Agreement, which such records including but not limited to any records pertaining to past ownership, use, occupancy, or condition of the Property. Prior to the Contingency Date, Buyer shall determine whether the Property is suitable. In the event Buyer determines the Property is not suitable, then Buyer may terminate this Agreement unless Seller remedies the concern at Seller’s cost to the Buyer’s satisfaction.
B. Inspections, Testing and Right of Entry. Prior to Closing, Buyer may conduct, at Buyer’s sole expense, such inspections and non-invasive testing of the Property, including the improvements thereon, as Buyer may desire or deem appropriate, in Buyer’s sole discretion, to determine the suitability of the Property for Buyer’s intended use. Buyer shall not make or perform any borings or other physically invasive or destructive tests of the Property without Seller’s prior written consent. In conducting such inspections and testing, the Buyer shall endeavor to minimize damage to the Property, and any improvements thereon, and shall, in the event escrow fails to close, return the Property, including the improvements thereon, if any, to its condition prior to Buyer’s inspections and testing; reasonable wear and tear excepted. Seller hereby grants to Buyer and its authorized employees, representatives, agents and contractors, permission and a license to enter upon the Property at all reasonable times prior to the Closing for the purpose of conducting such inspections and non-invasive testing. In the event the Property is occupied by any person(s) other than Seller, Seller shall make arrangements with such person(s) to ensure access by Seller its authorized employees, representatives, agents and contractors in order to conduct the inspections and testing pursuant to this section. Buyer shall indemnify, protect, defend (with legal counsel reasonably acceptable to Seller) and hold Seller harmless from and against any and all claims, liabilities, damages, costs and expenses arising from, related to or caused by, Buyer’s entry upon the Property or the performance of any inspection or test conducted by or at the request of Buyer or its contractors or agents.
The provisions in this section supersede any previous agreements between Buyer and Seller concerning access to the Property.
Purchase and Sale Agreement: 8563-8565 Whittier Boulevard
PICOPRO, LLC
C. Environmental Assessments. Seller has previously disclosed and provided to Buyer a copy of a Phase I Environmental Assessment Report dated as of June 18, 2019, prepared by prepared by S&S Commercial Environmental Services Inc., for that portion of the Property located at 8565 Whittier Blvd., Pico Rivera, CA, 90660, Los Angeles County Assessor Parcel No. 6373-019-017, which per its terms expired as of January 3, 3020. During the Contingency Period and as a condition precedent to the Closing, Seller shall obtain and provide to Buyer a new and/or updated Phase I Assessment that is valid through the Outside Closing Date; and if the updated assessment recommends the completion of a Phase II Assessment, Seller shall obtain and provide to Buyer a copy of a Phase II Assessment that is valid through the Outside Closing Date (the “Environmental Assessments”). Notwithstanding the provisions of paragraph A. in this Section, the Contingency Period and Contingency Date shall be extended to and expire no earlier than the date that is ten (10) days after Buyer’s receipt of the updated Phase I Assessment or the Phase II Assessment, as applicable.
8. REPRESENTATIONS, WARRANTIES AND DISCLOSURES. The Parties, and each of them individually, acknowledge that no Party is relying upon any representations or warranties other than those set out in this Agreement, and that the representations and warranties set out in this Agreement constitute all of the representations and warranties of the Parties to each other regard to the Transaction.
A. Seller’s Representations and Warranties. In consideration of Buyer entering into this Agreement, Seller makes the representations and warranties to set forth in this Section. 1) Seller’s Authority. Seller is the sole owner of fee title to the Property and has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transactions contemplated in the execution, delivery and performance of this Agreement.
Furthermore, the execution and delivery of this Agreement has been duly authorized and no other action by Seller is required in order to make it a valid and binding contractual obligation of Seller. 2) Title Condition. Other than the exceptions to title disclosed by the Title Report, there are no other liens, encumbrances, or exceptions to title for the Property that are known by Seller, and Seller has the right and power to sell and convey the Property to Buyer as provided for in this Agreement. 3) No Prior Transfers. Seller has not previously sold, transferred or conveyed the Property, or granted to any other person or entity any right or interest in all or any part of the Property and Seller has not entered into any executory contracts for the sale of all or any part of the Property (other than this Agreement or prior agreements that have been terminated), nor do there exist any rights of first refusal or options to purchase the Property, other than this Agreement and except as may be set forth in the Title Documents.
4) Leases and Occupants. As of the Closing, there will be no recorded or unrecorded leases covering the Property, and at the Closing the Property will be delivered to Buyer free and clear of any tenancies or occupancies of any kind. Seller shall be responsible for the payment of any and all costs associated with delivering the Property unoccupied and unburdened by any leases or tenants, including but not limited to any costs or payments due any third-party under the California Relocation Assistance Law, Government Code section 7260 et seq., and the Relocation Assistance and Real Property Acquisition Guidelines adopted by the California Department of Housing and Community Development, Title 25, California Code of Regulations, Section 6000 et seq. 5) General. Seller represents and warrants that: (a) neither this Agreement nor anything provided to be done hereunder by Seller violates or shall, Seller’s actual knowledge, violate any international, federal, state, or local law, nor any contract, agreement, or instrument to which Seller is a Purchase and Sale Agreement: 8563-8565 Whittier Boulevard
PICOPRO, LLC
party; and (b) Seller is not a party to any agreements which will adversely affect the title to the Property or Seller’s right to sell the Property to Buyer as provided in this Agreement. 6) Continuing Representations. Each of the foregoing items (1) through (5) shall be deemed to be an on-going representation and warranty. Seller shall advise the Buyer in writing if there is any change pertaining to any matters set forth or referenced in the foregoing items.
B. Buyer’s Representations and Warranties. In consideration of Seller entering into this Agreement as an inducement to Seller to sell the Property to Buyer, Buyer makes the representations and warranties set forth in this Section.
1) Buyer’s Authority. Buyer has the legal right, power and authority to enter into this Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Agreement as provided herein and no other action by Buyer is requisite to the valid and binding execution, deliver and performance of this Agreement. 2) Enforceability. This Agreement and all documents required hereby to be executed by Buyer are and shall be valid, legally binding obligations of and enforceable against Buyer in accordance with their terms.
3) General. Buyer represents and warrants that: (a) neither this Agreement nor anything provided to be done hereunder by Seller violates or shall, to Buyer’s actual knowledge, violate any international, federal, state, or local law, nor any contract, agreement, or instrument to which Buyer is a party; (b) Buyer represents and warrants that there is no suit, legal action, administrative arbitration or other proceeding or governmental investigation process which has been served upon Buyer or, which to Buyer’s actual knowledge, is otherwise pending or threatened against Buyer in which any party is making or has made a claim or defense that, if sustained, would materially and adversely affect the performance of Buyer under this Agreement or materially and adversely interfere with the ability of Buyer to consummate the transactions contemplated herein; and (c) Buyer has not entered into any agreements which will adversely affect the title to the Property or Buyer’s right to construct the Project as provided in this Agreement.
4) Continuing Representations. Each of the foregoing items (1) through (3) shall be deemed to be an on-going representation and warranty. Buyer shall advise the Seller in writing if there is any change pertaining to any matters set forth or referenced in the foregoing items.
9. BUYER’S ACKNOWLEDGMENT AND GENERAL RELEASE.
A. “AS-IS” Sale. Buyer acknowledges and agrees that Buyer is purchasing the Property in its “AS-IS” physical condition, without representation or warranty, express or implied, except as set forth in this Agreement; provided, however, that the foregoing shall not relieve Seller from its obligations under applicable law to disclose material facts about the Property known to Seller.
B. Waivers and Releases. Except with respect the representations and obligations set forth in this Agreement, upon the Closing the Parties hereby waive, to the maximum legal extent, any and all claims, remedies and causes of action for damages, liabilities, recovery of costs (including attorneys’ fees and other professional fees) and expenses, losses or injuries between them related or arising from the Property, whether known or unknown, foreseeable or unforeseeable. Each Party, on behalf of itself and its successors and assigns, hereby fully releases the other Party and each of their respective successors, agents, representatives and assigns from all claims and causes of action by reason of any damage which has been Purchase and Sale Agreement: 8563-8565 Whittier Boulevard
PICOPRO, LLC
sustained, or may be sustained, as a result of Buyer’s purchase of the Property or Seller’s sale of the Property under this Agreement.
C. California Civil Code Section 1542. Each Party hereby acknowledges that it has either consulted with legal counsel, or had an opportunity to consult with legal counsel regarding, and represents and warrants that it is familiar with the provisions of, California Civil Code Section 1542, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Each Party acknowledges that with respect to Seller’s sale of the Property to Buyer, each Party may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, each Party hereby acknowledges, represents and warrants that this Agreement has been negotiated and agreed upon in light of that situation, and hereby waives, to the maximum legal extent, any rights accruing to it under Section 1542 or other statute or judicial decision of similar effect. This acknowledgment and release shall survive the Closing.
Seller’s Initials _______________ ____________Buyer’s Initials
10. RESERVED.
11. TERMINATION, DEFAULTS AND REMEDIES.
A. Rights to Terminate. The Parties may terminate this Agreement only upon the material uncured breach of this Agreement by the other Party. In such event, the Party so terminating shall pay all Title Company termination fees and charges, if any (collectively, “Termination Costs”) and the Deposit shall be disbursed as set forth in this Section 11. Upon such termination, all obligations and liabilities of the Parties under this Agreement, excepting for the obligation of Party so terminating to pay Termination Costs as provided herein, shall cease and terminate.
B. Buyer’s Breach. In the event the Buyer breaches any obligation hereunder which Buyer is to perform prior to the Closing, and fails to cure such breach within seven (7) business days after receipt of written notice from Seller, then, in addition to pursuing any other rights or remedies which Seller may have at law or in equity, Seller may, at Seller’s option, (i) terminate this Agreement and the Escrow by giving notice, in writing, of such termination to Buyer and Title Company or (ii) initiate an action for specific performance of this Agreement. Should Seller elect to terminate this Agreement and the Escrow due to Buyer’s uncured breach as provided herein, then Seller shall terminate this Agreement and the Escrow by giving notice, in writing, of such termination to Buyer and Title Company. In such event, the Deposit shall be retained by Seller as liquidated damages for Buyer’s failure to purchase the Property, as Seller’s sole and exclusive remedy.
Notwithstanding any contrary term or provision in this Agreement, the Closing will be extended as needed to cure or correct any breach specified in a written notice.
IF CLOSING FAILS TO OCCUR SOLELY BECAUSE OF BUYER’S DEFAULT,
SELLER WILL BE DAMAGED AND WILL BE ENTITLED TO COMPENSATION FOR THOSE
DAMAGES, BUT SUCH DAMAGES WILL BE EXTREMELY DIFFICULT AND Purchase and Sale Agreement: 8563-8565 Whittier Boulevard
PICOPRO, LLC
IMPRACTICAL TO ASCERTAIN. BUYER DESIRES TO LIMIT THE AMOUNT OF DAMAGES FOR WHICH BUYER MIGHT BE LIABLE SHOULD BUYER BREACH THIS AGREEMENT.
BOTH BUYER AND SELLER WISH TO AVOID THE COSTS AND LENGTHY DELAYS THAT
WOULD RESULT IF SELLER FILED A LAWSUIT TO COLLECT ITS DAMAGES FOR A BREACH OF THIS AGREEMENT. IF CLOSING FAILS TO OCCUR BECAUSE OF BUYER’S
DEFAULT, THEN THE DEPOSIT SHALL BE DEEMED TO CONSTITUTE A REASONABLE AND FINAL ESTIMATE OF SELLER’S DAMAGES AND SHALL BE RETAINED BY SELLER AS LIQUIDATED DAMAGES AS SELLER’S SOLE AND EXCLUSIVE REMEDY FOR BREACHES OF THIS AGREEMENT. SELLER AND BUYER ACKNOWLEDGE THAT THEY
HAVE READ AND UNDERSTAND THE PROVISIONS OF THIS SECTION AND BY THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TERMS.
THE PARTIES ACKNOWLEDGE THAT THE PAYMENT OF SUCH LIQUIDATED
DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT IS INTENDED TO
CONSTITUTE LIQUIDATED DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
THIS SECTION SHALL APPLY ONLY TO BREACHES OF THIS AGREEMENT, AND SHALL NOT OPERATE TO LIMIT OR OTHERWISE RESTRICT THE PARTIES’ RIGHTS AND REMEDIES RELATING TO THE DISPUTE.
__________________ ___________________
BUYER’S INITIALS SELLER’S INITIALS
C. Seller’s Breach. In the event Seller breaches any material obligation hereunder which Seller is to perform prior to the Closing, and fails to cure such breach within seven (7) business days after receipt of written notice from the Buyer, or commence cure of such breach seven (7) business days after written notice from Buyer if said breach cannot be cured within seven (7) business days of written notice from Buyer with reasonable diligence by Seller (“Seller Default”), then, in addition to pursuing any other rights or remedies which Buyer may have at law or in equity, Buyer may, at Buyer’s option, (i) terminate this Agreement and the Escrow by giving notice, in writing, of such termination to Seller and Title Company or (ii) initiate an action for specific performance of this Agreement. Should Buyer elect to terminate this Agreement and the Escrow due to Seller’s uncured breach as provided herein, then the Deposit and any other amounts deposited by Buyer on account of the Purchase Price shall be returned to Buyer and upon such termination, all obligations and liabilities of the Parties under this Agreement, excepting for Seller’s obligation to pay Termination Costs as provided herein, shall cease and terminate.
D. Return of Funds and Documents; Release of Liability as to Title Company. In the event Title Company terminates this Escrow as a result of having received notice, in writing, from Buyer or Seller of its election to terminate the Escrow as provided herein, then Title Company shall terminate the Escrow and return all funds, less Termination Costs as appropriate, as set forth in this Section. Any documents in the possession of the Title Company shall be returned to the Party who deposited those documents into Escrow. Further, the Parties hereby release Escrow Holder, and shall hold Escrow Holder free and harmless, from all liabilities associated with such termination excepting for Escrow Holder’s obligations to return funds and documents as provided herein.
12. RESERVED.
Purchase and Sale Agreement: 8563-8565 Whittier Boulevard
PICOPRO, LLC
13. NOTICES AND DEMANDS. All notices or other communications required or permitted between the Parties hereunder shall be in writing, and shall be (i) personally delivered, (ii) sent by United States registered or certified mail, postage prepaid, return receipt requested or (iii) sent by nationally recognized overnight courier service (e.g., Federal Express or United Parcel Service), addressed to the Party to whom the notice is given at the addresses provided below, subject to the right of any Party to designate a different complete address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the third business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail, such as notices delivered by personal delivery or courier service, shall be deemed given upon receipt, rejection or refusal of the same by the Party to whom the notice is given. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or other communication sent.
To Seller: Picopro, LLC
P.O. Box 14718
Long Beach, CA 90853
With Copy To: Gaines & Stacey, LLP
5820 Canoga Ave., Ste. 300
Woodland Hills, CA 91367
Attn. Alicia B. Bartley, Esq.
To Buyer: City of Pico Rivera
Pico Rivera City Hall
ATTN: City Manager
6615 Passions Blvd.
Pico Rivera, CA 90660
With Copy To: Arnold M. Alvarez-Glasman, City Attorney
ALVAREZ-GLASMAN & COLVIN
13181 Crossroads Pkwy. North – Suite 400
City of Industry, CA 91746
14. MISCELLANEOUS.
A. Brokers and Sales Commissions. The Parties acknowledges that the following real estate broker has served as Seller’s agent and broker for this transaction: Seller's Brokerage Firm DAUM Commercial Real Estate Services – License No. 01129558; Dennis Sandoval – a License No. 00687518 (“Seller’s Broker”). Subject to and at the Closing, Seller shall pay to Seller’s Broker a commission equal to the sum of THIRTY FIVE THOUSAND DOLLARS ($35,000.00) (“Broker Commission”). Seller shall pay the Broker Commission to Seller’s Broker at the Closing, with the Escrow Agent authorized and directed to pay the Broker Commission to Seller’s Broker from the Purchase Price proceeds distributed to Seller at the Closing. The Parties acknowledge and agree that there are no other brokers involved in this Lease, and that the sole and only commissions payable in connection with this Lease shall be Seller’s Broker.
Purchase and Sale Agreement: 8563-8565 Whittier Boulevard
PICOPRO, LLC
B. Survival of Covenants. Except as otherwise expressly provided herein, the covenants, representations and warranties of both Buyer and Seller set forth in this Agreement shall survive the recordation of the Grant Deed and the Close of Escrow.
C. Required Actions of Buyer and Seller. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be reasonably required in order to consummate the transaction herein contemplated and shall use commercially reasonable efforts to accomplish the Closing in accordance with the provisions hereof.
D. Time of Essence. Time is of the essence for each and every term, condition, obligation and provision hereof in which time is a factor. If the date for performance of any obligation hereunder or the last day of any time period provided for herein shall fall on a Saturday, Sunday or legal holiday, then said date for performance or time period shall expire on the first day thereafter which is not a Saturday, Sunday or legal holiday.
E. Counterparts. This Agreement may be executed in multiple counterparts and delivered as originals, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
F. Captions. Any captions to, or headings of, the paragraphs or subparagraphs of this Agreement are solely for the convenience of the Parties, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.
G. No Obligations to Third Parties. The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the Parties to, any person or entity other than the Parties and, to the extent this Agreement constitutes escrow instructions, the Title Company.
H. Exhibits and Attachments. The Exhibits attached hereto are hereby incorporated herein by this reference.
I. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.
J. Applicable Law. All questions with respect to this Agreement, and the rights and liabilities of the Parties and venue hereto, shall be governed by the laws of the State of California. Any and all legal actions sought to enforce the terms and provisions of the Agreement shall be brought in the courts of the County of Orange.
K. Assignment. Neither Party shall assign this Agreement to any party without the prior written consent of the other Party.
L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties hereto.
M. Severability. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected.
N. Construction. This Agreement will be liberally construed to effectuate the intention of the Parties with respect to the transaction described herein. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agreement, neither this Agreement nor any Purchase and Sale Agreement: 8563-8565 Whittier Boulevard
PICOPRO, LLC
uncertainty or ambiguity herein will be construed or resolved against either Party (including the Party primarily responsible for drafting and preparation of this Agreement), under any rule of construction or otherwise, it being expressly understood and agreed that the Parties have participated equally or have had equal opportunity to participate in the drafting thereof.
O. Legal Fees. Each Party shall be responsible for payment of its own attorney’s fees with respect to negotiation and preparation of this Agreement and processing of the escrow. However, if either Party to this Agreement shall breach its representations or warranties hereunder or shall fail to fulfill or perform any of its covenants or obligations in this Agreement and a legal action is commenced, the nonprevailing party shall pay the costs of litigation, including, without limitation, reasonable attorneys' fees (including the market value of in-house attorneys) and expert witness fees, all as costs, that may be incurred to enforce the terms, covenants, conditions and provisions of this Agreement, or to prove that no breach or misrepresentation occurred.
P. Fees and Other Expenses. Except as otherwise provided herein, each of the Parties shall pay its own fees and expenses in connection with this Agreement.
Q. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof. No subsequent agreement, representation, or promise made by either Party hereto, or by or to an employee, officer, agent or representative of either Party, shall be of any effect unless it is in writing and executed by the Party to be bound thereby.
R. Amendments to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the Parties hereto.
S. No Partnership, Third Person. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between Seller and Buyer except as specifically provided herein. No term or provision of this Agreement is intended to benefit any person, partnership, corporation or other.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by and through their duly authorized representatives as of the date of the last of their signatures below. [signatures on following page]
Purchase and Sale Agreement: 8563-8565 Whittier Boulevard
PICOPRO, LLC
BUYER: SELLER:
CITY OF PICO RIVERA, a California
municipal corporation
By: ________________________
Steven Carmona,
City Manager
PICOPRO, LLC, a California limited liability
company
By: _________________________
Name
Title
ATTEST:
By: ___________________________
Cynthia Ayala, CMC, City Clerk
APPROVED AS TO FORM:
By: _________________________
Arnold M Alvarez-Glasman,
City Attorney
Purchase and Sale Agreement: 8563-8565 Whittier Boulevard
PICOPRO, LLC
EXHIBIT A
Legal Description of Property
Real property in the City of Pico Rivera, County of Los Angeles, State of California, described as follows:
Purchase and Sale Agreement: 8563-8565 Whittier Boulevard
PICOPRO, LLC
EXHIBIT B
Form of Grant Deed
RECORDING REQUESTED BY
AND WHEN RECORDED, MAIL TO:
City of Pico Rivera
Attn: City Manager
6615 Passions Blvd.
Pico Rivera, CA 90660
APN:
(Space Above this Line For Recorder’s Use)
GRANT DEED
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, Picopro, LLC, a California limited liability corporation (“Grantor”), hereby GRANTS to the City of Pico Rivera, a California municipal corporation (“Grantee”), that certain real property located at 8563-8565 Whittier Boulevard, Pico Rivera, California (Los Angeles County Assessor Parcel No. 6373-019-017,030 and legally described in Exhibit “A” attached hereto and incorporated herein by this reference (the “Property”), together with all right, title and interest of Grantor in and to all buildings and improvements located thereon.
Subject to: (a) Non-delinquent general and special real property taxes, assessments and supplemental assessments, if any, for the current fiscal year; and (b) All covenants, conditions, restrictions, encumbrances, agreements, reservations, rights, rights-of-way, dedications, offers of dedication, easements and other matters of record, apparent, visible from an inspection of the Property, and/or which an accurate survey of the Property would disclose, or known to Grantee.
IN WITNESS WHEREOF, Grantor has executed this Grant Deed on this ___ day of December, 2024, at _____________________, California.
PICOPRO, LLC, a California limited liability corporation By: _________________________
Purchase and Sale Agreement: 8563-8565 Whittier Boulevard
PICOPRO, LLC
ALL PURPOSE NOTARY ACKNOWLEDGMENT
(GRANT DEED)
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On _______________________________, before me, ____________ _____, Notary Public, personally appeared
________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Purchase and Sale Agreement: 8563-8565 Whittier Boulevard
PICOPRO, LLC
EXHIBIT A (to Grant Deed)
Legal Description of Property
Real property in the City of Pico Rivera, County of Los Angeles, State of California, described as follows:
[TO BE ADDED]
Purchase and Sale Agreement: 8563-8565 Whittier Boulevard
PICOPRO, LLC
(CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE SECTION 27281) Grant Deed for Property Located at 8563-8565 Whittier Boulevard, Pico Rivera, California This is to certify, that the CITY OF PICO RIVERA, Grantee herein, hereby accepts for public purposes the real property, or interest therein, described in the within deed and consents to the recordation thereof.
IN WITNESS THEREOF, I have hereunto set my hand this _____ day of ____________, 2024 at Pico Rivera, California.
_________________________________
Steven Carmona, City Manager
To: Mayor and City Council
From: City Manager
Meeting Date: November 12, 2024
Subject: AMENDMENT NO. 2 TO AGREEMENT NO. 23-2206 WITH
CASCADIA CONSULTING GROUP, INC. FOR THE
DEVELOPMENT OF A CLIMATE ACTION AND
ADAPTATION PLAN (NON-CIP NO. 6770)
Recommendation:
1. Approve Amendment No. 2 to Agreement No. 23-2206 with Cascadia Consulting Group, Inc., extending the term of the agreement to September 30, 2025; and
2. Authorize the City Manager to execute the amendment and all necessary grant fund-related documents in a form approved by the City Attorney.
Fiscal Impact:
There is no fiscal impact to the General Fund. The project is fully funded, and no additional appropriation is needed at this time.
Background:
In February 2022, the City of Pico Rivera’s City Council adopted its Five-Year Strategic Plan, which prioritizes establishing the City of Pico Rivera (City) as an “…environmentally friendly, sustainable community that attracts green industries.” To achieve this goal, the City embarked on an initiative to develop the City’s first-ever Climate Action and Adaptation Plan (CAAP), which would serve as the City’s roadmap towards carbon neutrality by 2045.
A CAAP serves as a master plan to reduce greenhouse gas (GHG) emissions and bolster community resilience. The GHG emission reduction effort entails a GHG emissions inventory, setting reduction targets, and strategizing actions and policies to achieve said targets. These measures align with state climate goals, including reducing emissions to 40% below 1990 levels by 2030, achieving carbon neutrality by 2045, and meeting clean energy targets by 2040. Additionally, the CAAP enhances community resilience, equipping residents to effectively address climate-related impacts like flooding, drought, extreme heat, and power outages.
On June 27, 2023, the City awarded an agreement to Cascadia Consulting Group, Inc. (Cascadia) to develop the CAAP; however, $160,000 more were needed to put together 8 CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024 AMENDMENT NO. 2 TO AGREEMENT NO. 23-2206 WITH CASCADIA CONSULTING GROUP, INC. FOR THE DEVELOPMENT OF A CLIMATE ACTION AND ADAPTATION PLAN (NON-CIP NO. 6770)
a complete CAAP program. City staff proposed phasing the project until further funding could be secured, which it did on February 13, 2024.
Table 1. CAP Funding Summary
General Fund
FY 2020-21
YE Surplus
Strategic
Goals CED
SoCalGas
Grant EECBG Total
Agreement 23-2206
(Phase I) $99,935 - $50,000 - $149,935
Amend. 1
(Phase II) $65 $40,000 - $120,010 $160,075
Amend. 2 $0 $0 $0 $0 $0
Total $100,000 $40,000 $50,000 $120,010 $310,010
Phase I of the CAAP consisted of $150,000 budget. On April 12, 2022, the City Council approved a $100,000 allocation for the development of a Climate Action and Adaptation Plan (CAAP). Earlier, in January 2022, the Office of Sustainability was awarded a $50,000 grant from the Southern California Gas Company (SoCalGas) to support this effort.
Phase II of the CAAP started February 13, 2024, and consisted of $160,010 budget. Staff actively pursued and secured $120,010 of federal funding from the Department of Energy’s (DOE) Energy Efficiency and Conservation Block Grant (EECBG). Additionally, the City made a $40,000 allocation from the Community and Economic Development Designations Fund (Fund 180).
Together, the CAAP has a budget of $310,010 that funds two (2) phases of the CAAP.
Below is a description of items based on each Phase of the CAAP:
Phase I – City's GHG Assessment
Kick-Off Meeting – Aimed at understanding the City by reviewing relevant adopted documents (i.e., general plan, specific plans, master plans, and other studies).
GHG Inventory and Reduction Targets – Conduct a GHG emissions inventory to provide accurate emissions reporting.
Public Outreach – Public engagement strategy consisting of internal and external stakeholder meetings.
Develop GHG Reduction Policies and Strategies – Develop policies and strategies aimed at reducing GHGs in Pico Rivera.
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024 AMENDMENT NO. 2 TO AGREEMENT NO. 23-2206 WITH CASCADIA CONSULTING GROUP, INC. FOR THE DEVELOPMENT OF A CLIMATE ACTION AND ADAPTATION PLAN (NON-CIP NO. 6770)
CAP Completion and Implementation Guide – Create a clear, concise, and visually engaging CAP for adoption by the City Council.
Phase II – Enhanced Climate Action Elements
GHG Forecast and Wedge Analysis – A tool that illustrates the impacts adopted strategies have in reducing GHG emissions and measures the performance and success of the CAAP.
Climate Youth Ambassador Program (YAP) – Provides youth with immersive education in urban planning, policy, and project development to foster local climate champions and boost community engagement.
California Environmental Quality Act (CEQA) Review – The CAAP qualifies as a project under the CEQA and requires an environmental review; this ensures compliance with State and Federal environmental regulations.
Climate Dashboard – Tracks CAAP commitments to ensure emissions reductions and community benefits through continuous monitoring and reporting. Designed to be dynamic, user-friendly, and visually engaging for effective implementation oversight.
Vulnerabilities Assessment – Identifies unique climate impacts in Pico Rivera by assessing exposure, sensitivity, and adaptive capacity, helping prioritize effective mitigation and resilience actions.
The project began in July 2023, and staff have completed the major elements of Phase I and II of the CAAP. The remaining components are: 1) Completion of the CAAP and Implementation Guide, 2) CEQA, and 3) Climate Dashboard.
Discussion:
The CAAP was initially set for completion by December 2024, relying on a strict project schedule with staff and public reviews. However, multiple review extensions made it difficult to stay on track.
Final adoption and implementation of the CAAP document by the City Council is planned for January 2025. Once Amendment No. 2 is adopted, work on a Climate Dashboard— a dynamic, user-friendly system for monitoring CAAP strategies—will commence.
Amendment No. 2 to Agreement No. 23-2206 will extend the project timeline to September 30, 2025, allowing completion of the 1) Completion of the CAAP and Implementation Guide, 2) CEQA, and 3) Climate Dashboard. This extension will help deliver a comprehensive CAAP and dashboard to enhance community health, safety, and CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024 AMENDMENT NO. 2 TO AGREEMENT NO. 23-2206 WITH CASCADIA CONSULTING GROUP, INC. FOR THE DEVELOPMENT OF A CLIMATE ACTION AND ADAPTATION PLAN (NON-CIP NO. 6770)
quality of life, positioning Pico Rivera to better compete for climate and energy grants and address climate-related challenges.
Conclusion:
Staff recommends approving Amendment No. 2 to Agreement No. 23-2206 and authorizing the City Manager to execute the amendment and all necessary grant fundrelated documents.
Steve Carmona
SC:AG:VHF:pg
Enclosures: 1) Amendment No. 2
2) Agreement No. 23-2206
AMENDMENT NO. 2
TO AGREEMENT NO. 23-2206
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF PICO RIVERA AND
CASCADIA CONSULTING GROUP, INC.
THIS SECOND AMENDMENT TO AGREEMENT NO. 23-2206 PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY OF PICO RIVERA AND CASCADIA CONSULTING GROUP, INC. (“Second Amendment"), effective as of November 12, 2024, is made and entered into by and between the City of Pico Rivera, a California municipal corporation (“City”) and Cascadia Consulting Group, Inc., (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively as “Parties.”
RECITALS
A. City and Consultant (collectively referred to as the “Parties”) have previously executed that certain Agreement No. 23-2206 Professional Services Agreement Between the City of Pico Rivera and Cascadia Consulting Group, Inc., dated June 28, 2023 (“Agreement”) relating to the development of the Climate Action and Adaptation Plan.
B. The Parties executed a First Amendment (23-2206-1) on or about July 18, 2024, to add additional services with corresponding increases in compensation.
C. The Parties desire to amend the Agreement, once more to further extend the expiration date and modify the terms and conditions of the Agreement as set forth herein.
D. By extending the term of the Agreement, there shall be no addition cost to the City or fee to be paid to Consultant.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. CONTRACT EXPIRATION DATE
Section 3.4 of the Agreement share read as follows:
3.4 “Expiration Date”: September 30, 2025
Enclosure 1
8a
Amendment No. 2 to Profession Service Agreement No. 23-2206 CASCADIA CONSULTING GROUP, INC.
2. TERM
Section 4.0 is hereby modified in the Agreement to include the following language:
4.0 “The Parties” hereto further agree that all will be completed no later than September 30, 2025, by 11:59 p.m.; unless thereafter extended by a further agreement in writing and extended by the Parties.”
3. EFFECT OF AMENDMENTS
Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement and the First Amendment (23-2206-1) between the Parties shall remain the same and shall be in full force and effect. If there is a conflict between this Second Amendment, the Agreement and the First Amendment (23-2206-1), the terms of this Second Amendment will prevail.
4. EFFECTIVE DATE
Unless otherwise specified herein, this Second Amendment shall become effective as of the date set forth below on which the last of the Parties executes this Second Amendment.
IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed and attested by their respective officers hereunto duly authorized. “City” “CONSULTANT”
City of Pico Rivera Cascadia Consulting Group, Inc.
______________________________ ___________________________________ Steve Carmona, City Manager Andrea Martin, Principal-in-Charge Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney AGREEMENT NO. 23-2206
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF PICO RIVERA AND
CASCADIA CONSUL TING GROUP, INC.
1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement"} is entered into by and between the City of Pico Rivera, a California municipal corporation ("City"} and Cascadia Consulting Group, Inc., ("Consultant"}. City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively referred to as "Parties."
2. RECITALS
2.1 City has determined that it requires professional services from a consultant to provide technical expertise for the development of a Climate Action Plan (CAP).
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 February 16, 2023 (updated June 1, 2023), 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 February 16, 2023, proposal to City attached hereto as Exhibit "B."
3.3 "Commencement Date": June 28, 2023
3.4 "Expiration Date": December 31 , 2024
4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11 :59 p.m. on the Expiration Date unless extended by written agreement of the Parties or terminated in accordance with Section 22 below.
5. CONSULTANT'S SERVICES
5.1 Consultant shall perform the services identified in the Scope of Services (Exhibit "A"}. City shall have the right to request, in writing, changes in the Scope of Enclosure 2
8b
Professional Services Agreement
CASCADIA CONSULTING GROUP, INC.
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, and the entire Term, exceed the sum of $149,935. One Hundred Forty-Nine Thousand, Nine Hundred and Thirty-Five Dollars ($149,935) unless specifically approved in advance, in writing, by City.
5.2 Consultant shall perform all work to the highest professional standards of Consultant's profession and in a manner reasonably satisfactory to City.
6. COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept in full satisfaction for such services, payment in accordance with the Approved Fee Schedule (Exhibit "B").
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 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 Professional Services Agreement
CASCADIA CONSULTING GROUP, INC.
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. Andrea Martin, Principal-in-Charge, 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.
12. INDEPENDENT CONSULT ANT
12.1 Consultant is, and shall at all times remain as to City, a wholly independent consultant. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not at Professional Services Agreement
CASCADIA CONSUL TING GROUP, INC.
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.
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.
Professional Services Agreement
CASCADIA CONSUL TING GROUP, INC.
15. INDEMNIFICATION
15.1 The Parties agree that City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to City. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant's commitment to indemnify and protect City as set forth herein. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
15.2 To the full extent permitted by law, Consultant shall indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subconsultants in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of City's choice and expert witness fees and consultant fees. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
15.3 City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant's failure to pay City promptly any indemnification arising under this Section 15 or related to Consultant's failure to either: (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.
15.4 The obligations of Consultant under this Section 15 will not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives 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 Professional Services Agreement
CASCADIA CONSUL TING GROUP, INC.
performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant's subconsultants or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of City's choice and expert witness fees and consultant fees.
15.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
15.7 PERS ELIGIBILITY INDEMNITY. In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
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:
Professional Services Agreement
CASCADIA CONSUL TING GROUP, INC.
16.1.1 Comprehensive general liability, and Umbrella or Excess Liability Insurance covering all operations by or on behalf of Consultant providing insurance for bodily injury liability and property damage liability for the following and including coverage for:
16.1.1.1 Premises, operations, and mobile equipment
16.1.1.2 Products and completed operations
16.1.1.3 Broad form property damage (including completed operations)
16.1.1.4 Explosion, collapse, and underground hazards
16.1.1.5 Personal Injury
16.1.1.6 Contractual liability
in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit; Two Million Dollars ($2,000,000) aggregate for products/completed operation; Two Million Dollars ($2,000,000) general aggregate (General aggregate must apply separately to Consultant's work under this Agreement.); and Five Million Dollars ($5,000,000) umbrella or excess liability.
16.1.2 Automobile Liability Insurance for owned, hired and non-owned vehicles utilized by Consultant, its employees or subconsultants, in the amount of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
16.1.3 Worker's Compensation Insurance as required by the laws of the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.
16.1.4 Professional Liability Insurance against errors and omissions in the performance of the work under this Agreement with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence of claim/ Two Million Dollars ($2,000,000) in the aggregate.
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 Professional Services Agreement
CASCADIA CONSUL TING GROUP, INC.
force and effect City may either: (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant's expense, the premium thereon.
16.5 At all times during the term of this Agreement, Consultant shall maintain on file with City's Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and, for the general liability and automobile liability policies, naming the City as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with City's Risk Manager such certificate(s).
16.6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall provide such proof to City at least two weeks prior to the expiration of the coverages.
16.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days' prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.
16.8 The general liability and automobile policies of insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or selfinsurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant's insurance and shall not contribute with it.
16.9 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant's employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.
16.10 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
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 Professional Services Agreement
CASCADIA CONSUL TING GROUP, INC.
the City.
17. MUTUAL COOPERATION
17.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available to City for the proper performance of Consultant's services under this Agreement.
17 .2 In the event any claim or action is brought against City relating to Consultant's performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require.
18. RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
19. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachment permits and building and safety permits and inspections.
20.NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile, email, or overnight courier service during Consultant's and City's regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the Parties may, from time to time, designate in writing).
If to City:
Steve Carmona, City Manager
City of Pico Rivera
PO Box 1016
6615 Passons Blvd.
Pico Rivera, California 90660-1016
[email protected]
If to Consultant:
Andrea Martin, Principal-in-Charge
Cascadia Consulting Group, Inc.
344 20th St STE 102
Oakland, CA, 94612
[email protected]
Professional Services Agreement
CASCADIA CONSUL TING GROUP, INC.
With a courtesy copy to:
[email protected]
and, for legal notices to:
Arnold M. Alvarez-Glasman, City Attorney
13181 Crossroads Parkway North
Suite 400 - West Tower
City of Industry, CA 91746
[email protected]
21. SURVIVING COVENANTS
The Parties agree that the covenants contained in Sections 13, 15 and Paragraph
17.2 of Section 17, of this Agreement shall survive the expiration or termination of this Agreement.
22. TERMINATION
22.1. City shall have the right to terminate this Agreement for any reason on five (5) calendar days' written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty (60) calendar days' written notice to City. The effective date of termination shall be upon the date specified in the notice of termination. Consultant agrees that in the event of such termination, City's obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered, as solely determined by the City, prior to the effective date of termination. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.
22.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed, as solely determined by the City, at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
23. ASSIGNMENT
Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, and any attempt 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.
Professional Services Agreement
CASCADIA CONSUL TING GROUP, INC.
24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
24.1 In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant, or employment applicant because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action to ensure that subconsultants, employees, and employment applicants are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
24.2 Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
24.3 Consultant will cause the foregoing provIsIons to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
25. WARRANTIES
25.1 Each Party has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement, or been provided with an opportunity to receive independent legal advice and has freely and voluntarily waived and relinquished the right to do so. Each Party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such Party's failure to perform under this Agreement.
25.2 In executing this Agreement, each Party has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever.
25.3 It is agreed that each Party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either Party has the full right and authority to fully commit and bind such Party to the provisions of this Agreement.
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 Professional Services Agreement
CASCADIA CONSUL TING GROUP, INC.
Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement.
26.2 Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
27. NON-WAIVER
27.1 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.
27.2 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any Party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such Party of any of all of such other rights, powers or remedies.
27.3 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City's sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
28. COURT COSTS AND ATTORNEY FEES
In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the Party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants' fees and expert witness fees, if any, and attorneys' fees expended in such action. The venue for any litigation shall be Los Angeles County, California.
Professional Services Agreement
CASCADIA CONSULTING GROUP, INC.