Pico Rivera City Council
March 11, 2025

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

Tuesday, March 11, 2025
Regular Meeting 6:00 p.m.

Council Chamber
Next Resolution No. 7387
Next Ordinance No. 1191
Next Agreement No. 25-2428
Successor Agency to PRRA
Next Resolution No. SA-25-30
Next Ordinance No. SA-01
Next Agreement No. S25-006
Housing Assistance Agency
Next Resolution No. HA-109
Next Ordinance No. HA-16
Water Authority
Next Resolution No. WA-25-37
Next Ordinance No. WA-25-01
Next Agreement No. WA-25-79
Public Financing Authority
Next Resolution No. PFA-25-13
ROLL CALL:

Mayor/Chairman/President:

John R. Garcia
Mayor Pro Tempore/Vice Chairman/Vice President:

Gustavo V. Camacho
Councilmembers/Directors/Commissioners:

Andrew C. Lara
Erik Lutz
Dr. Monica Sanchez
INVOCATION:

PLEDGE OF ALLEGIANCE:

COMMISSIONERS SCHEDULED TO BE PRESENT:

Esther Celiz, Planning Commission
Gil Perez, Veterans Commission
SPECIAL PRESENTATION:
• Presentation – Los Angeles County Assessor’s Office
• Presentation – Whittier Narrows Dam Project Update by the Army Corp

PLEASE TURN OFF OR SILENCE CELL PHONES WHILE MEETING IS IN SESSION

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

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) 3-11-2025 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 February 25, 2025
Recommendation: Approve
• Planning Commission regular meeting February 5, 2024; April 15, 2024; September 16, 2024; and November 4, 2024
Recommendation: Receive and file

2. 11th Warrant Register of the 2024-2025 Fiscal Year. (700) Check Numbers: 296971-297094
Special Check Numbers: None
Recommendation: Approve

3. Second Reading – Adoption of Ordinance No. 1190 Amending Chapter 9.48, Mobilehome Rent Stabilization and Mobilehome Owner Protections to Title 9 of the Pico Rivera Municipal Code. (1300)
Recommendation:

1. Adopt Ordinance No. 1190, 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 3-11-2025 Agenda City Council

15060 (c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines.

Ordinance No. 1190 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 (SECOND READING AND ADOPTION)

4. Invocation Policy and Procedures for City Council Meetings. (100) Recommendation:

1. Approve a resolution adopting the City of Pico Rivera’s policy and procedures regarding invocations at City Council meetings.

Resolution No. ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PICO RIVERA, CALIFORNIA, ADOPTING A POLICY REGARDING

OPENING INVOCATIONS DURING THE CITY OF PICO RIVERA CITY

COUNCIL MEETINGS

5. Resolution Approving the Disposition and Development Agreement with Tierra Mia Coffee Company (Dba: Rosemead and Beverly, LLC). (100) Recommendation:

1. Approve a resolution approving the Disposition and Development Agreement (DDA) with Rosemead & Beverly, LLC. (dba: Teirra Mia Coffee Company), for the development of a new coffee shop located at 9003 Beverly Boulevard; and

2. Authorize the City Manager to execute the Disposition and Development Agreement in a form approved by the City Attorney.

Resolution No. ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PICO RIVERA, CALIFORNIA, APPROVING A DISPOSITION AND

DEVELOPMENT AGREEMENT WITH ROSEMEAD AND BEVERLY, LLC,

FOR THE PURCASE AND DEVELOPMENT OF CERTAIN CITY-OWNED
REAL PROPERTY LOCATED AT 9003 BEVERLY BOULEVARD

6. Amendment No. 4 to Professional Services Agreement No. 23-2224 with Ware Malcomb for the City Hall Council Chambers Rehabilitation Improvement Project (CIP No. 50074). (500)
Recommendation:

1. Approve Amendment No. 4 to Professional Services Agreement No. 23- 2224 with Ware Malcomb for an additional amount of $8,540, increasing the total contract amount not-to-exceed $144,495, to provide estimating and bidding support services for the City Hall Council Chambers Rehabilitation Improvement Project CIP No. 50074, (Project); and

2. Authorize the City Manager or his designee to execute the amendment in a form approved by the City Attorney.

Agreement No. 23-2224-4
3-11-2025 Agenda City Council

7. Maintenance Services Agreement for Streetlight Maintenance and Repairs – Award Contract to Tanko Lighting, Inc. (500)
Recommendation:

1. Award a Maintenance Services Agreement to Tanko Lighting Inc. (Tanko), to provide streetlight maintenance and repairs with an initial term of three (3) years and an option to extend for one (1) additional two-year period. The annual cost for the first year of the agreement is $305,000 with subsequent years subject to annual CPI adjustment; and

2. Authorize the City Manager to execute the Agreement in a form approved by the City Attorney, including any amendment to exercise the two-year extension option.

Agreement No. _______

8. Agreement with Turbo Data Systems, Inc. for Administrative and Parking Citation Processing and Software Maintenance Services. (500) Recommendation:

1. Award a Professional Services Agreement to Turbo Data Systems, Inc. for administrative and parking citation processing and software maintenance services, in the amount not-to-exceed $195,000 over three (3) years, with two (2) one-year extensions of $65,000 per year at the City Manager’s discretion;

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

3. Authorize the City Manager or his designee to approve change orders in an amount not-to-exceed 15% of the total agreement, as needed for unforeseen services.

Agreement No. _______

9. Cooperative Agreement with Los Angeles County for the Slauson Avenue Traffic Signal Synchronization Program, CIP No. 50046. (500) Recommendation:

1. Approve a Cooperative Agreement with Los Angeles County, in a form approved by the City Attorney, for the cost share of the design and construction of the Slauson Avenue Traffic Signal Synchronization Program (TSSP), CIP No. 50046; and

2. Authorize the City Manager to execute the Cooperative Agreement with Los Angeles County in a form approved by the City Attorney.

Agreement No. _______

10. Youth Center Renovation Project (CIP No. 50100) – Notice of Completion.

Recommendation: (500)

1. Accept the work as completed for the Youth Center Renovation Project, (CIP No. 50100) constructed by MBC Enterprises, Inc. (MBC) and authorize the City Clerk to file the Notice of Completion with the Los Angeles County Registrar-Recorder;
3-11-2025 Agenda City Council

2. Approve contract change orders No. 6 and No. 7 in the respective amounts of $190,945.30 and $8,316.59 for additional work performed on the project for a total amount not-to-exceed of $1,065,655; and

3. Authorize the City Manager or his designee to execute the change orders and to release the retention payment to MBC following the mandatory waiting period from the date the Notice of Completion is recorded.

11. Intelligent Transportation System Master Plan (Project No. 50052) — Receive and File. (500)
Recommendation:

1. Receive and file the Intelligent Transportation System (ITS) Master Plan, Project No. 50052.

CONSENT CALENDAR ITEMS PULLED FOR FURTHER DISCUSSION
REGULAR AGENDA: None

CITY MANAGER/STAFF REPORTS
GOOD OF THE ORDER (INTERGOVERNMENTAL AGENCY MEETINGS, AB 1234

REPORTS, NEW BUSINESS, OLD BUSINESS)
CLOSED SESSION:
a. THREAT TO PUBLIC SERVICES OR FACILITIES
Pursuant to Government Code Section 54957
Consultation with City Manager, Los Angeles County Sheriff representative, City Attorney and other related City officials
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 6th, day of March 2025.

Dated this 6th, day of March 2025
Cynthia Ayala, CMC
City Clerk
3-11-2025 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, February 25, 2025
A Regular Meeting of the City Council was held in the Council Chamber, Pico Rivera City Hall, 6615 Passons Boulevard, Pico Rivera, California.

Mayor Garcia called the regular meeting to order at 6:03 p.m. on behalf of the City Council.

PRESENT: Camacho, Lara, Lutz, Sanchez, Garcia
ABSENT: None
COMMISSIONERS PRESENT:
• Patricia Saucedo, Parks and Recreation Commission
• Irma Acosta-Tirado, Sister City Commission
INVOCATION: Delivered by Councilmember Lara
PLEDGE OF ALLEGIANCE: Led by Nicole Olivarez, 2nd grade student of Valencia Academy of the Arts
City Manager Carmona stated that a Special Presentation regarding the Pico Rivera Rail Station was added to the agenda, as this item arose after the posting of the agenda.

SPECIAL PRESENTATION:
• Presentation – Pico Rivera Regional Rail Station
Innovation and Communications Director Hernandez delivered a concise update on the potential Pico Rivera Regional Rail Station. The update covered various aspects, including the types of passenger rail systems, results from the feasibility study, outreach and engagement efforts, community survey findings, station alternatives, the preferred site for the Pico Rivera station, an estimated project duration of 5-7 years, and outlined the next steps.

Councilmembers commended City staff for their efforts on the project and expressed their full support.

PUBLIC COMMENTS:

The following public speakers addressed City Council in support of the Regional Bikeway Project on Mines Avenue:

1. Jayro Queme

2. Loren Hardy
1 02-25-25.CityCouncilMinutes

3. Ritchie Meza

4. Flavio Sanchez

5. Melissa Zea

6. Stevi Hardy
The following public speakers addressed City Council in support of the approval of agenda Item No. 6, Mobilehome Rent Stabilization and Mobilehome Owner Protections:

1. Maria Rios

2. Ruth Briggs

3. Lorraine Contreras

4. Olga Portillo

5. Reyna Mendivil

6. Amelia Rojo
Gabriela Gomez:
• Addressed the City Council in support of the Regional Bikeway Project on Mines Avenue and requested the installation of ADA-accessible ramps for residents crossing from their parking areas to the bikeway.

Yvette Zea, Pico Women Bicycle Club Founder:
• Addressed the City Council in support of the Regional Bikeway Project on Mines Avenue, requested that the City explore a potential partnership with the Pico Women Bicycle Club. Additionally, she urged the City to refine the bikeway design to ensure vehicles are redirected off the bikeway.

Dr. Brenda Olivarez:
• Addressed the City Council to commend City Officials and staff on their efforts on the Leaders of the Pledge initiative.

Jesus Rodriguez, Rio Vista Mobilehome Park resident:
• Addressed the City Council to express his concern about the numerous car accidents involving speeding vehicles and drunk drivers at the intersection of Paramount Boulevard and Gallatin Road, which have resulted in collisions with the concrete wall separating his mobile home from the sidewalk and requested the City’s assistance in finding a solution to prevent potential injuries to bystanders from the mobile home park.

Written communication was received by the following:

Michael Wauschek:
• Addressed the City Council regarding the need for more electric vehicle charging stations.

Crist Moshos:
• Addressed the City Council to express concerns regarding the recent fireworks at Legg Lake in South El Monte and requested a complete ban on fireworks in preparation for the upcoming 4th of July holiday.
02-25-25.CityCouncilMinutes

Jarryd Gonzales:
• Addressed the City Council to request the continuation of Agenda Item No. 6 Mobilehome Rent Stabilization and Mobilehome Owner Protections, to allow additional time for dialogue with stakeholders.

Isabella Guillen:
• Addressed the City Council in support of the approval of agenda Item No. 6, Mobilehome Rent Stabilization and Mobilehome Owner Protections.

Alondra Vasquez:
• Addressed the City Council in support of the approval of agenda Item No. 6, Mobilehome Rent Stabilization and Mobilehome Owner Protections.

CONSENT CALENDAR ITEMS:

City Council:

1. Minutes:
• Approved City Council regular meeting of February 11, 2025 • Received and filed Sister City Commission regular meetings November 13, 2024 and January 15, 2025

2. Approved 10th Warrant Register of the 2024-2025 Fiscal Year. (700) Check Numbers: 296848-296970
Special Check Numbers: 14926, 14927

3. City-Owned Electric Vehicle Charging Stations Use Policy. (100)

1. Approved Resolution No. 7386 adopting the City of Pico Rivera’s Electric Vehicle Charging Stations Use Policy.

Resolution No. 7386 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PICO RIVERA, CALIFORNIA, ADOPTING A CITY-OWNED

ELECTRIC VEHICLE CHARGING STATION USE POLICY

4. Invocation Policy and Procedures for City Council Meetings. (300) Item was pulled from the agenda and continued to a future meeting.

5. Treasurer’s Monthly Investment Transaction Report as of January 31, 2025. (700)

1. Received and filed the Treasurer’s Monthly Investment Transaction Report as of January 31, 2025.

Motion by Councilmember Lara, seconded by Councilmember Lutz to approve Consent Calendar Item Nos. 1, 2, 3, and 5. Motion carries by the following roll call vote:

AYES: Camacho, Lara, Lutz, Sanchez, Garcia
NOES: None
02-25-25.CityCouncilMinutes

CONSENT CALENDAR ITEMS PULLED FOR FURTHER CLARIFICATION: None REGULAR AGENDA:

City Council:

6. First Reading – An Ordinance Amending Chapter 9.48, Mobilehome Rent Stabilization and Mobilehome Owner Protections to Title 9 of the Pico Rivera Municipal Code. (1300)
Motion by Mayor Pro Tem Camacho, seconded by Councilmember Lara to: 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.

Motion carries by the following roll call vote:

Ordinance No. 1190 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)
AYES: Camacho, Lara, Lutz, Sanchez, Garcia
NOES: None

7. Approval of a New Citywide Volunteer Recognition Program. (100) Parks and Recreation Director Yugar provided a brief introductory presentation that included the purpose of the program, the categories of recognition, eligibility, nomination process, and the recognition and awards.

Councilmember Lutz requested the inclusion of Alejandro and Isabel Duenas' names in recognition of their heroic efforts last year in extinguishing a fire before it could cause significant damage to the City.

Council members expressed their support for the program.

Motion by Councilmember Lara, seconded by Councilmember Lutz to: 1) Approve a citywide Volunteer Recognition Program to be coordinated and overseen by the Parks and Recreation Department; and 2) Approve an appropriation of $20,000 from the General Fund Assigned fund balance to fund this program. Motion carries by the following roll call vote:

AYES: Camacho, Lara, Lutz, Sanchez, Garcia
NOES: None
02-25-25.CityCouncilMinutes

8. Adoption of the 2025 Pico Rivera Legislative Platform. (100) Adminstration Senior Analyst Garcia delivered an update on the legislative platform, outlining its purpose, goals, and the federal, state, and local priorities for 2025. He also highlighted the platform's partnership with the Abstract Analysis Software and showcased recent accomplishments.

Motion by Mayor Pro Tem Camacho, seconded by Councilmember Lara to adopt the 2025 Pico Rivera Legislative Platform that will guide the City’s legislative priorities and funding pursuits at the local, regional, state, and federal levels of government. Motion carries by the following roll call vote:

AYES: Camacho, Lara, Lutz, Sanchez, Garcia
NOES: None

9. Fiscal Year 2024-25 City of Pico Rivera Mid-Year Budget Report as of December 31, 2024. (700)
Administrative Services Director Guo presented a Mid-Year Budget Financial Review for fiscal year (FY) 2024-25, covering the General Fund adopted revenues and expenditures, Mid-Year total results, a comparison with FY 2023-24, Enterprise MidYear adjustments and outcomes, as well as the authorized personnel positions list.

Motion by Councilmember Lutz, seconded by Councilmember Lara to: 1) Receive and file the Mid-Year Budget Report ending December 31, 2024, which represents the balances and activity for the first and second quarters (July through December) of the 2024-25 fiscal year (FY); 2) Approve Budget Adjustments amending the FY 2024-25 Adopted Budget for Other Funds as outlined in Enclosures 1 - 2 of the report; and 3) Approve Position Reclassifications amending the FY 2024-25 Adopted Authorized Positions Full-Time Equivalent. Motion carries by the following roll call vote:

AYES: Camacho, Lara, Lutz, Sanchez, Garcia
NOES: None
CITY MANAGER/STAFF REPORTS:

Innovation and Communications Director Hernandez provided a concise update on the City Branding Signage and Furniture Master Plan, outlining the project’s goals, process, the current City Seal and logos, the initial mock logos, the preferred alternative logos, and the next steps, including presenting an item for City Council approval on March 25, 2025.

City Council discussed the history of the City Seal and Logo, the implications of copyright laws, and the work of the Branding Ad Hoc Committee.

Public Works Director Negrete provided a brief update on the Regional Bikeway project on Mines Avenue, which includes re-lining the storm drain pipes, removing the screens on the curb face, and installing internal trash traps. These measures aim to improve 02-25-25.CityCouncilMinutes

rainwater flow into the catch basins, addressing resident concerns related to water puddling. He also noted the installation of additional street signage at bikeway entrances to prevent drivers from entering the bikeway. Lastly, he highlighted the recent award of $2.4 million in grant funding to the City of Pico Rivera for Public Works improvement projects, specifically for traffic signals and crosswalks.

GOOD OF THE ORDER (INTERGOVERNMENTAL AGENCY MEETINGS, AB 1234) Councilmember Lutz reported on his attendance along with Mayor Pro Tem Camacho, at the Independent Cities Association Winter Seminar which included topics such as federal and state funding opportunities, economic development, Los Angeles County Measure A (formerly Measure H), policy and technology, emergency prevention and response, and the LA28.

Councilmember Dr. Sanchez reported on her attendance at a recent meeting at Rio Hondo College regarding a proposed civic engagement program, which includes opportunities for students from the El Rancho Unified School District. She recommended that the City Council authorize the City Manager to approve future collaborations that would support local and neighboring educational partners. City Manager Carmona noted that this recommendation can be addressed during the upcoming Budget meetings with the City Council. Additionally, Dr. Sanchez proposed the re-establishment of the Golf Course Ad Hoc Committee. Mayor Garcia supported this suggestion and re-established the committee, appointing both Councilmember Dr.

Sanchez and him to address issues related to the Golf Course, including potential revenue opportunities and the impacts of the upcoming Whittier Dam Project.

Mayor Pro Tem Camacho reported on his attendance in several meetings, including one with Union Pacific Rail and City staff to discuss the maintenance and cleanup of the railroad bridge. He also attended a Vector Control District meeting focused on preparations for the upcoming mosquito season during the summer months.

Additionally, he participated in a SEAACA control board meeting, where the agency's growth and its associated challenges, such as service response issues and concerns about future financial sustainability, were discussed.

Mayor Garcia reported on his attendance at several events, including a meeting with the Los Angeles County Sanitation District, the Pio Pico Woman’s Club State of the City event, and the Senior Center's "Cafecito con Amigos" event. He also participated in a roundtable discussion with Supervisor Janice Hahn, where key local concerns were addressed, such as the outdated "Cat" system used by the Pico Rivera Sheriff’s Department, homeless encampments along the City’s riverbeds, and public safety staffing shortages. Additionally, he mentioned the upcoming Pico Fast Pitch Opening Day on Saturday, March 1st. Mayor Garcia also re-established the following Ad Hoc Committees: Branding, to advance the City’s re-branding efforts, appointing Mayor Pro Tem Camacho and himself; Infrastructure to further discuss the Aquatic Center, Smith Park and Rio Hondo park, appointing Mayor Pro Tem Camacho and Councilmember Lara; and lastly Economic Development, appointing Mayor Por Tem Camacho and himself. He concluded by acknowledging the recognition of World War II Veteran Randolph J. Parker by the American Legion Post 411.
02-25-25.CityCouncilMinutes

ADJOURNMENT:

Mayor Garcia adjourned the City Council regular meeting at 8:34 p.m. There being no objection it was so ordered.

AYES: Camacho, Lara, Lutz, Sanchez, Garcia
NOES: None

_____________________________________
John R. Garcia, 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 regular meeting dated February 25, 2025, and approved by the City Council on March 11, 2025.
________________________________
Cynthia Ayala, CMC, City Clerk

PL PLANNING COMMISSION MINUTES
A Regular Meeting of the Planning Commission was held in the Council Chambers, 6615 Passons Boulevard, Pico Rivera, California.

CALL TO ORDER
Chairperson Aric Martinez called the meeting to order at 6:00 p.m.

PRESENT: Celiz, Rocha, A. Martinez, R. Martinez
ABSENT: Elisaldez (excused)
STAFF PRESENT: Alvaro Betancourt, Director of Community & Economic Development
Julia Gonzalez, Deputy Director of Community & Economic Development
Estefany Franco, Planner
Jordan Perez, Analyst
PLEDGE OF ALLEGIANCE:

The pledge of allegiance was led by Chairperson Martinez.

PLANNING COMMISSION REORGANIZATION:

Director Betancourt asked if there were any nominations.

Commissioner Celiz nominated Commissioner Aric Martinez for another term as Chair, seconded by Commissioner Robert Martinez. Motion passes by unanimous vote.

Director Betancourt asked if there are any nominations for Vice Chairperson.

Chairperson Martinez nominated Commissioner Robert Martinez, seconded by Commissioner Rocha. Motion passes by unanimous vote.

PUBLIC HEARING(S):

1. GENERAL PLAN AMENDMENT NO. 62 – UPDATES TO THE CITY COUNCIL ADOPTED 2021-2029 HOUSING ELEMENT AS REQUIRED BY THE STATE

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND FINDING

THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES
SECTION 15162 (B) AND 15061 (B)(3).

Monday, February 5, 2024
1a

02.05.24 Planning Commission Minutes

Analyst Jordan Perez provided the report presentation, explaining that the Housing Element is a component of the City’s General Plan. It establishes goals, objectives, policies, and programs to address housing conditions and needs. By State law, the Housing Element must be updated every eight (8) years and certified by the State Department of Housing & Community Development (HCD). Cities may face penalties if their Housing Element is not certified.

Chairperson Martinez closed the public hearing as there were no public comments.

Chairperson Martinez motioned to approve the item; Vice Chairperson Martinez seconded the motion. Motion passes by the following roll call vote:

AYES: Celiz, Rocha, A. Martinez, R. Martinez
NOES: None
ABSENT: Elisaldez

2. ZONE CODE AMENDMENT NO. 194 - AN UPDATE TO THE ZONING

ORDINANCE REFLECTING REQUIRED AMENDMENTS BY THE STATE

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AFTER FINAL REVIEW OF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT AND FINDING

THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15162(B) AND 15061(B)(3).

Analyst Jordan Perez presented the report on an item related to the Housing Element amendment for the R-40 Overlay Zone. The R-40 Overlay Zone was introduced with the adoption of the Housing Element in August 2023. The City Council adopted Zone Reclassification No. 328, establishing the R-40 Overlay Zone, which applies exclusively to sites identified in the Housing Element. The city is using the R-40 Overlay Zone to meet the Housing and Community Development Department’s (HCD) Regional Housing Needs Assessment (RHNA) requirements.

Chairperson Martinez closed the public hearing as there were no public comments.

Chairperson Martinez motioned to approve the item; Vice Chairperson Martinez seconded the motion. Motion passes by the following roll call vote:

AYES: Celiz, Rocha, A. Martinez, R. Martinez
NOES: None
ABSENT: Elisaldez
NON-AGENDA ITEMS PUBLIC COMMENTS:

CONSENT CALENDAR:

1. Comprehensive Zoning Code Update Study Session 3 of 4

02.05.24 Planning Commission Minutes

Dudek Consultant Catherine Tang Saez introduced herself as a planner and urban designer with Dudek. She was joined by Janet Rodriguez, project manager. Ms. Tang Saez and Ms. Rodriguez provided a comprehensive progress update on the zoning code updates and an overview of the related standards and guidelines.

Vice Chairperson Martinez noted that the updates focus on requirements for onsite development and not in the public right-of-way, such as bike racks, sidewalk materials, and streetlights. He asked whether these elements would be included.

Planner Franco clarified that sidewalk and street improvements fall under Title 12 of the municipal code. The current zoning code update focuses solely on Title 18 of the municipal code, and the consultant is not addressing standards outside of Title 18.

Ms. Tang Saez explained that zoning codes and regulations pertain exclusively to private property. However, the zoning code includes provisions for street improvements, dedications, and easements for projects meeting certain thresholds. These provisions, however, are not within the scope of Title 18.

Vice Chairperson Martinez inquired how the city handles complaints against shopping center owners whose properties do not meet current standards.

Director Betancourt responded that the municipal code outlines development standards for private property, public right-of-way, and existing uses. Property owners have legal non-conforming rights if their structures or improvements predate the code or requirements.

Vice Chairperson Martinez asked if the consultant would provide developers with a handout detailing architectural standards and guidelines as part of their scope of work.

Ms. Tang Saez confirmed that the Dudek team has been tasked with updating the zoning code, design guidelines, and creating a user guide.

Commissioner Celiz asked whether certain areas might allow for an 8-foot wall instead of a 6-foot block wall.

Ms. Tang Saez agreed that the current standards are not comprehensive enough, as they address only front, side, and rear conditions. She suggested revisiting these standards to account for different circumstances.

Deputy Director Gonzalez noted that the current ordinance allows for walls taller than 6 feet with a special entitlement, such as a precise plan of design.

Vice Chairperson Martinez asked whether school improvements to El Rancho High School would be subject to these standards.

Ms. Tang Saez stated she would investigate but did not believe so, as such projects are state regulated.

02.05.24 Planning Commission Minutes

Director Betancourt added that while state-regulated projects are exempt, any work done in the public right-of-way must comply with applicable public standards.

Vice Chairperson Martinez inquired whether the empty tree wells along the frontage road of El Rancho could be subject to conditions requiring trees.

Director Betancourt explained that such requirements might apply if the project involves larger-scale improvements, such as filling tree wells or ensuring ADA-compliant sidewalks and intersections. Otherwise, these tasks would fall under capital improvement projects.

PLANNING COMMISSION REPORTS:

Director Betancourt reported that Urgency Ordinance No. 1172 was approved on January 23, 2024, to develop development standards and use restrictions for commercial zones.

NEW BUSINESS: None
OLD BUSINESS:

Deputy Director Gonzalez provided an update to Vice Chairperson Martinez regarding the horse trails. She reported that the trails had been cleaned up as requested. The second part of the request, concerning signage along the horse trail, is being addressed by the Director of Innovation and Communication Javier Hernandez, who is working on a citywide signage program. The master signage plan is expected to be completed by September, and comments about the special signage to delineate horse trails have been forwarded to the consultant.

Vice Chairperson Martinez noted seeing a group of horses crossing the bridge onto Whittier Boulevard and requested that signage include the proper vehicle code provisions for horses.

Director Betancourt assured Vice Chairperson Martinez that updates on the signage plan would be provided and that his concerns would be addressed.

Commissioner Rocha inquired whether horses are allowed on Whittier Boulevard.

Director Betancourt confirmed that horses are allowed on the street.

Vice Chairperson Martinez added that horses are permitted if they comply with the vehicle code.

Commissioner Rocha shared that the city recently conducted a homeless count at City Hall, which she attended. Approximately 35 people participated, including Councilmember Dr. Monica Sanchez and Congresswoman Linda Sanchez. She asked Deputy Director Gonzalez if the final count was available.

02.05.24 Planning Commission Minutes

Deputy Director Gonzalez responded that she did not have the final count, as it typically becomes available later in the year and is not always made public. She noted that the count was limited to areas deemed safe for volunteers.

Vice Chairperson Martinez asked about the purpose of conducting the homeless count.

Commissioner Rocha explained that the objective is to determine the number of homeless individuals in the city and allocate resources accordingly.

With no further business, Chairperson Aric Martinez adjourned the Planning Commission meeting at 7:08 p.m. There being no objections, it was so ordered. ____________________________
Yarisma Rocha, Chairperson
ATTEST:

I hereby certify that the foregoing is a true and correct report of the proceedings of the Planning Commission Regular Meeting on February 5, 2024, and approved by the Planning Commission on February 24, 2025.
________________________________________
Alvaro Betancourt, Director
Community & Economic Development Department

PL PLANNING COMMISSION MINUTES
A Regular Meeting of the Planning Commission was held in the Council Chambers, 6615 Passons Boulevard, Pico Rivera, California.

CALL TO ORDER
Chairperson Martinez called the meeting to order at 6:00 p.m.

PRESENT: Celiz, Elisaldez, Rocha, R. Martinez, A. Martinez ABSENT : None
STAFF PRESENT: Alvaro Betancourt, Director of Community & Economic Development
Julia Gonzalez, Deputy Director of Community & Economic Development
Estefany Franco, Planner
Aneli Gonzalez, Assistant Planner
PLEDGE OF ALLEGIANCE:

The pledge of allegiance was led by Vice Chairperson Martinez.

PUBLIC HEARING(S):

1. CONDITIONAL USE PERMIT NO. 758 AND VTTM NO. 84271 – A REQUEST TO DEVELOP A 95-TOWNHOME DEVELOPMENT AND FIND THE PROJECT

CATEGORICALLY EXEMPT PER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) CLASS 32, IN-FILL DEVELOPMENT PROJECT, IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 15332
Assistant Planner Gonzalez provided the staff report presentation. The applicant representatives for Brandywine are requesting approval to construct a 95-unit townhome development at 6540 Rosemead Boulevard. The subject property is in the General Commercial Zone and is designated as Mixed Use under the Land Use Element of the General Plan. Surrounding land uses include commercial and residential properties. The parcel measures approximately 4.04 acres and has been the site of the Knights Inn Hotel since 1962, according to city records.

Assistant Planner Gonzalez concluded the report, noting that the project applicant Chris Courtney, CEQA consultant Mark Blodgett, a traffic consultant from LSA, and the City’s traffic engineer were present to answer questions.

NON-AGENDA ITEMS PUBLIC COMMENTS:

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Erika Alatriste, Joe Carbajal and Antonio and Grecia Carbajal submitted written comments in favor of the project.

The following speakers addressed the Planning Commission regarding the project:

Fred Conde:
• He addressed the Planning Commission to express concerns about the streetlight calibration, the narrowness of the streets, the high number of units proposed for the lot size, and the location of the driveway on Rosemead Boulevard. He also raised issues regarding dust, dirt, debris, and potential rodent infestations.

Additionally, he inquired about the possibility of hiring residents from Pico Rivera and asked whether any incentives would be available for Pico Rivera residents to purchase the new townhomes.

John Lozano:
• He addressed the Planning Commission to express concerns about homelessness, drug activity, and traffic signals that fail to turn green. He also stated that the area is overly congested and crowded.

Bobby Romo:
• He addressed the Planning Commission, stating that the project is a beautiful addition to the community and will help address issues of criminal activity in the area. However, he expressed concerns about gridlock and the traffic signal at the intersection of Coffman Pico and Rosemead Boulevard.

Antonio Carbal:
• He addressed the Planning Commission, stating that the project is a great addition to Rosemead Boulevard. However, he also expressed concerns about traffic and density in the area.

Miguel Vasquez:
• He addressed the Planning Commission, expressing concern that Pico Rivera lacks the necessary infrastructure to support the project. He stated that he does not believe it is a good idea for the project to proceed.

Chris (last name not decipherable):
• He addressed the Planning Commission, expressing concerns about waste, sludge, and odors emanating from the drains. He inquired whether the project will include a separate drainage system.

04.15.24 Planning Commission Minutes

Name - Not Given:
• He addressed the Planning Commission, expressing his admiration for the City’s residents and their thoughtful comments.

Chairperson Martinez closed the Public Hearing as there were no additional public comments.

Chris Courtney, Project Manager for Brandywine Homes, addressed the Planning Commission and introduced Alex Hernandez, Division President and Steven Edwards, Director of Land Acquisition. He also introduced representatives including Civil Engineer Dane McDougall from C&V and Ambarish Mukherjee from LSA, who participated virtually.

Mr. Courtney accepted the conditions outlined in the resolutions presented to the Planning Commission. He noted for the record that Brandywine would only be able to underground three of the four electric poles, with City staff agreeing to allow one pole to remain above ground.

Mr. Courtney stated that the site would include a self-contained drainage system to reduce runoff from the property.

Vice Chairperson Martinez introduced Councilmember Eric Lutz and Pico Water District Board Member David Angelo. He noted discrepancies in the Department of Public Works conditions of approval, including:

1. A reference incorrectly identifying the water purveyor as the Pico Rivera Water Authority instead of the Pico Water District.

2. Whether the applicant had considered an entrance through the frontage road or relocating the entrance to the side.

Deputy Director Gonzalez clarified that the reference to City Water had been addressed in the presentation.

Mr. Courtney explained that a traffic study was conducted for the project, evaluating the frontage road and the intersection at Carron and Coffman Pico Road. The study assessed road, intersection, and traffic signal conditions.

Commissioner Elisaldez inquired about the cost of the townhomes and whether any units would be affordable housing.

Mr. Courtney responded that sales prices were estimated between $500,000 and $600,000, with sales anticipated approximately 1 to 1.5 years after project completion.

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Commissioner Elisaldez expressed concerns about the project’s density and referenced the Trip Generation Manual, 11th Edition, used in the traffic study. He asked when it was last updated.

Farhad Iranitalab, the City’s traffic engineer, confirmed that the 11th Edition was the most recent version. Ambarish Mukherjee, the traffic engineer for Brandywine, added that it was released the previous year.

Commissioner Elisaldez noted that traffic counts from the site dated back to August 1993 when it operated as a hotel, which generated less traffic compared to the proposed townhomes. He questioned the study’s conclusion of a net increase of only 179 vehicle trips, citing concerns about traffic and the high density of the development.

Commissioner Rocha asked whether any incentives were available for residents and which contractors would be hired for construction.

Mr. Courtney stated there were no incentive programs in place. He explained that labor contracts are bid out to various trades, selecting the best combination of location, schedule, and cost.

Mr. Courtney also noted that the site is part of the R-40 Zoning Overlay, which allows up to 40 units per acre, while the Brandywine project proposes only 23 units per acre.

Vice Chairperson Martinez inquired whether Condition of Approval No. 20 had been eliminated.

Mr. Courtney confirmed that it was removed because an existing traffic signal did not require modification, improvement, or upgrades per the traffic study.

Vice Chairperson Martinez asked if the site had adequate infrastructure for storm drains, sewers, and debris capture mechanisms.

Mr. Courtney responded that the site has the necessary infrastructure and will-serve letters from the Pico Water District and L.A. County Sanitation District. The storm drain system was designed to reduce outflows, improving storm drain conditions.

Commissioner Rocha reiterated residents' concerns about the traffic light at the intersection and asked whether this could be further investigated. She also inquired if the Planning Commission could require affordable housing units.

Deputy Director Gonzalez stated that staff had investigated the traffic signalization. She noted that the project does not include affordable housing but advised that the Commission could require it, though it might increase costs for the developers.

Vice Chairperson Martinez asked whether developers are obligated to improve roads, sidewalks, medians, curbs, and gutters.

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Mr. Courtney explained that their improvements are limited to the service road in the immediate vicinity and do not include medians.

Vice Chairperson Martinez also asked whether the Public Works Department had investigated the traffic signal to determine if upgrades were necessary or if mitigation measures for noise and sediment were included.

Mr. Courtney confirmed that the resolution included conditions to address noise and dust.

He concluded by stating that demolition is anticipated to begin in January or February 2025. The staging area will be on-site, with security provided through cameras or personnel, and the site will be enclosed with perimeter fencing.

Motion by Chairperson Martinez, seconded by Vice Chairperson Martinez. Motion passes by the following roll call vote:

AYES: Celiz, Elisaldez, Rocha, R. Martinez, A. Martinez NOES: None
ABSENT: None
PUBLIC COMMENTS: None
CONSENT CALENDAR:

1. Comprehensive Zoning Code Update Study Session 4 of 4 Dudek Consultant Janet Rodriguez introduced herself as an urban planner and project manager working with the city and introduced Catherine Tang Saez, urban designer with Dudek. Ms. Rodriguez advised that the presentation is the last of the four rounds of study sessions and proceeded to provide an overview of the progress the team has made on the work for the comprehensive zoning code update and objective design standards.

Commissioner Rocha commented that the city allows holiday sales but does not want to allow street vending on sidewalks.

Planner Franco responded that there are separate regulations for holiday sales and street vending based on state regulations.

Commissioner Celiz stated that the city agreed to allow street vendors on certain streets.

Planner Franco responded that she was referring to holiday and special event sales on private property. Street vending is separate, and there are specific state regulations that need to be followed.

Commissioner Celiz asked if the city would allow street vendors on Passons and Washington Boulevard, noting this was not previously approved.

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Planner Franco responded that street vending requires a different application process that follows state law and must get approval by different departments. Planner Franco stated that staff receives applications to sell flowers during Valentine’s Day or Mother’s Day on private commercial property, not the public sidewalk. The question posed to the Commission was whether they would like to continue allowing special event sales on private property through the Temporary Use Permit application process.

Commissioner Rocha stated her concern was regarding street vending.

Planner Franco responded that currently, the city does not have any approved street vendors. Code Enforcement addresses street vending during holiday events.

Director Betancourt stated that the Department has an active Code Enforcement Division with weekend and evening coverage.

Vice Chairperson Martinez asked Planner Franco how many feet away from a school is the limit for street vendors.

Planner Franco responded that the distance requirement for street vending is 500 feet away from a school.

Vice Chairperson Martinez asked if the city is making any efforts to collaborate with the school district to enforce street vending.

Director Betancourt responded that the Department has four full-time Code Enforcement Officers with shifts that run seven days a week, including evening hours.

Commissioner Rocha stated that she was in favor of yard sales but not street vending.

Commissioner Elisaldez asked for clarification regarding the commercial 10’ setback, relocating parking, and requiring open space for commercial developments over 75,000 square feet equal to 5%. He also asked if outdoor dining would impact parking.

Catherine Tang Saez responded that staff is proposing to change the regulations for parking. The parking minimums currently in the code are being updated to match best practices and the recommendations from a parking study commissioned by the city.

Planner Franco stated that the city had a parking study completed by Walker Consultants a few years ago, and staff is adopting the recommendations as part of the code update.

Staff is also asking Dudek to conduct further research to see what neighboring cities’ best practices are regarding certain uses.

Commissioner Elisaldez asked if the citywide parking requirements will be reduced, mentioning that the Whittier Specific Plan includes parking reductions.

Director Betancourt responded that parking is a priority for that area, and there is no effort to minimize standards, but there is an effort to modernize them.

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Commissioner Elisaldez stated that high-density housing was proposed in the Whittier Boulevard corridor. He noted concerns about parking for each unit averaging “one point something,” which indicates a reduction. He acknowledged the idea of being more efficient in shopping centers but mentioned discussions about eliminating street parking under the Whittier Boulevard Project.

Director Betancourt responded that he could not speak directly to the Whittier Boulevard Specific Plan but clarified that it is not the case for Zoning Code update.

Commissioner Elisaldez stated there is a push toward eliminating parking and referenced high-density projects. He asked if the issue of large vehicles on private property in residential areas, including temporary storage pods in driveways and streets, was being addressed.

Catherine Tang Saez responded that in the parking and loading chapter, there is language about prohibiting certain commercial-type vehicles on private residential properties, whether in the driveway itself or on the street.

Commissioner Elisaldez asked if temporary storage pods are included and noted that pods are now on the street.

Catherine Tang Saez responded that she did not know if the language specifically addressed pods or storage containers but would investigate it.

Director Betancourt stated that currently, the code allows for an RV to be parked in the front yard setback. However, the same code does not allow a detached camper to be parked in the front yard setback. He invited the Commission to provide feedback on these issues to ensure they are addressed in the final recommendations.

Vice Chairperson Martinez asked if a developer would have to adhere to the new regulations or if they are working under a different set of rules. He inquired whether architectural plans or renderings submitted now would need to comply with these updates.

Planner Franco responded that the updates have not yet been adopted. The process will proceed as follows:
• A City Council study session in June
• Release of an administrative draft to the public in August • Public comments collected before a Planning Commission hearing for recommendation to the City Council.

She clarified that projects submitted currently would adhere to the existing codes as adopted.

Chairperson Martinez concluded by stating he had no further questions. He praised the new standards discussed, particularly those regarding public open space in large

04.15.24 Planning Commission Minutes

commercial developments. He expressed enthusiasm for seeing the final draft, noting that the standards will improve both aesthetics and functionality within the city.

PLANNING COMMISSION REPORTS:

Director Betancourt reported there was nothing at the last City Council meeting that affected the Department.

NEW BUSINESS: None.

OLD BUSINESS:

Director Betancourt reported on the signage for horse trails along the bridge on Whittier Boulevard. He stated that he spoke with Noe Negrete, the Director of Public Works, who confirmed that the horse trails will be included in the city’s wayfinding study. Once completed, appropriate signage will be deployed, and the study’s advisory body will provide recommendations on where the signage should be placed to be most helpful.

This item was added to the list at the request of Vice Chairperson Martinez.

Director Betancourt also reported on the Burke project, which is an 18-unit single-family residential development that has already been entitled. The project has encountered challenges with the Water District.

Assistant Planner Gonzalez stated that the Burke project developers have experienced challenges with submitting their plans for review and require clearance from the State Board. They have not resubmitted their plans, and the project is not currently in process.

Staff is drafting a letter to inform the developers of the missing items and inquire whether they can move forward.

Director Betancourt provided an update on the KB Homes project, a 45-unit townhome development currently under plan check. Once the plan check process is completed, the developers can proceed with demolition and construction.

Deputy Director Gonzalez stated that the developers plan to begin grading in early May 2024. The construction timeline is estimated to be about two years from that point.

Director Betancourt reported on the Mercury Project, noting that the developer has an entitlement but has chosen not to act on it at this time. The primary reason is financial, as they have not been able to secure financial partners.

Director Betancourt stated there are no new developments currently in the pipeline.

Commissioner Celiz asked how long the Burke project has been active, whether the developer owns the property, and who is responsible for maintenance.

04.15.24 Planning Commission Minutes

Deputy Director Gonzalez responded that the developer has owned the property for about six years and that staff will follow up to ensure the site is maintained.

Commissioner Celiz stated that the Mercury Project site also needs to be kept clean and maintained. She recalled an ordinance requiring owners of unused land to keep it clean and presentable for the community.

Deputy Director Gonzalez confirmed that this is correct and stated that staff will follow up accordingly.

Commissioner Celiz mentioned reading on social media that Sky Zone might be locating to Pico Rivera. She asked if the Commission would be informed when new developments like that are planned.

Director Betancourt responded that the Commission would be informed if he had definitive information. A franchisee expressed strong interest and has approached the city to have preliminary discussions about opening a Sky Zone in Pico Rivera.

Vice Chairperson Martinez stated that he attended the last City Council meeting and had nothing new to report. He also mentioned that in March, he and some colleagues attended the Planning Commission Academy, which was very informative. He recommended others consider attending in the future.

ADJOURNMENT:

There being no further business, Chairperson Aric Martinez adjourned the Planning Commission meeting at 8:00 p.m. There being no objection, it was so ordered. ____________________________
Yarisma Rocha, Chairperson
ATTEST:

I hereby certify that the foregoing is a true and correct report of the proceedings of the Planning Commission Regular Meeting on April 15, 2024, and approved by the Planning Commission on February 24, 2025.
________________________________________
Alvaro Betancourt, Director
Community & Economic Development Department

PLANNING COMMISSION MINUTES
A regular meeting of the Planning Commission was held at 6:00 p.m. in the City Hall Council Chamber, 6615 Passons Boulevard, Pico Rivera, CA.

CALL TO ORDER
Chairperson Aric Martinez called the meeting to order at 6:00 p.m. on behalf of the Planning Commission.

PRESENT: Celiz, Elisaldez, Rocha, A. Martinez
ABSENT: R. Martinez (Excused)
STAFF PRESENT:

Alvaro Betancourt, Director of Community & Economic Development Julia Gonzalez, Deputy Director of Community & Economic Development Aneli Gonzalez, Planner
Javier Hernandez, Director or Innovation and Communications Carla Anaya, Commission Secretary
PLEDGE OF ALLEGIANCE: Led by Commissioner Rocha
Chairperson Martinez introduced the Special Presentation item.

SPECIAL PRESENTATION:

Director of Innovation and Communications Javier Hernandez provided a special presentation. The presentation consisted of several projects throughout the City. The Whittier Narrows Dam Safety Project consists of the reinforcement of the Dam that will start construction in 2025. As a result, the golf course, Sports Arena, Streamland and Bicentennial Park will be affected. Avenida Vicente Fernandez will also be permanently closed. The Historic Whittier Boulevard Plan envisions increased densities, branding, parklets, landscaping, paseos, and transportation improvements throughout the Whittier Boulevard and Durfee Avenue corridor. The improvements are anticipated to be completed over several years. The vision plan is available on the City website for the public to review, and input and concerns are welcomed.

Chairperson Martinez opened the item for discussion.

Commissioner Elisaldez asked if the analysis of parking and traffic is included in the vision plan because he is concerned with the impacts.

Director Hernandez responded that the buildings have parking structures integrated as part of the development. Also, the vision plan includes broad parking solutions from shared parking arrangements with developers, publicly owned parking lots, and on-theMonday, September 16, 2024 1c
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September 16, 2024

street parking.

Commissioner Elisaldez asked if the Amtrak is still being considered stationed on Durfee Avenue and Whittier Boulevard.

Director Hernandez responded that the track he is referring to is on the southside of the city and closer to Slauson Avenue.

Commissioner Rocha asked if the public and the City Council agreed to the number of new buildings proposed on Whittier Boulevard.

Director Hernandez responded that not all the buildings shown on the slide would be developed. There would be a balance between what is feasible in the real estate market.

Commissioner Rocha asked if the beautification project of the existing buildings would utilize City or private funds.

Director Hernandez responded that improvements in the public right-of-way would utilize public and grant funds. The city has prioritized 305 million dollars for public infrastructure projects within major corridors. Staff is aware that they cannot accommodate this type of growth and development unless they address the subsurface infrastructure and enhance capacity in the water and sewage lines.

Commissioner Rocha asked if Mario’s Tacos restaurant would be improved by the city.

Director Hernandez responded that the City is developing a grant program that would support local businesses to participate in the re-development of their property, but the City is not paying for the full re-development.

Commissioner Rocha asked who made the decision of closing the golf course and Sports Arena and if there were any alternatives provided.

Director Hernandez stated that the land is federally owned by the U.S. Army Corps of Engineers. The land is leased to the City and the City uses it to provide parks and open space. The decision was made solely by the U.S. Army Corps of Engineers.

Commissioner Elisaldez asked if this vision is a ten (10) year process.

Director Hernandez responded that the vision takes decades, but progress would be made yearly. This past year, the improvements of the center medians were completed.

Commissioner Elisaldez asked if there was a fixed year when the proposed Planning Commission Minutes
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improvements would be completed.

Director Hernandez responded that the improvements would progress yearly, and some improvements were underway.

The Commission had no further comments and Chairperson Martinez closed the discussion.

PUBLIC HEARING(S):

1. PUBLIC HEARING – CONDITIONAL USE PERMIT NO. 760 A REQUEST TO

OPERATE A SKY ZONE TRAMPOLINE PARK AND FIND THE PROJECT

CATEGORICALLY EXEMPT PERSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15301, CLASS 1, EXISTING

FACILITIES
Assistant Planner Gonzalez provided a staff report presentation on Conditional Use Permit No. 760, a request to operate a Sky Zone Trampoline Park at 6101 Rosemead Boulevard. The subject property is in the Commercial General (C-G). Land uses surrounding the proposed project are commercial, residential, and open space. The project includes proposed interior tenant improvements and consolidating multiple inline units into one larger tenant space. Amenities would include the trampoline field, dunk basketball hoops, ninja course, toddler area, sport courts, arcades and a concession stand. Two (2) calls were received in favor of the project as well as one (1) in-person letter from a concerned resident. The resident expressed concern about an opening on the southern perimeter wall where Redbird Drive ends. As a result, a condition was added to the resolution requiring the developer to close the gap. Exterior improvements to the shopping center included re-painting of the existing block wall, slurry sealing the parking lot, repairing damaged landscape, and light poles to be upgraded to LED standard.

Chairperson Martinez opened the item for discussion and called the construction manager Amber Matas to speak on behalf of the project.

Ms. Matas provided a summary of the project and said that it is intended to create a destination to drive-to and not drive-through. It is for families and to promote business in general.

Commissioner Celiz asked what the capacity was. Ms. Matas stated that it is specific to each location depending on the size of the space and the number of party rooms which are timed and on a reservation basis.

Commissioner Celiz asked if reservations were required. Ms. Matas stated it is recommended that parties are on a reservation basis but walk-ins during the week is available based on the capacity at the time.

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Commissioner Rocha stated that she is excited to have a location for the kids.

Commissioner Elisaldez made a comment that the developer exceeded the parking requirement of 258 spaces as the center contains 300 spaces.

Commissioner Celiz motioned to approve, and Commissioner Elisaldez seconded the motion. Motion was approved unanimously.

AYES: Celiz, Elisaldez, Rocha, Chairperson Martinez,
NOES: None
ABSENT: Vice Chairperson Martinez
NON-AGENDA ITEMS PUBLIC COMMENTS:

There were none.

CONSENT ITEMS:

Approval of Minutes of the Planning Commission meeting of:
1) August 15, 2022
2) July 3, 2023
3) August 21, 2023
4) October 2, 2023
5) October 16,2023
6) June 3,2024
Commissioner Elisaldez motioned to approve the minutes, and Commissioner Celiz seconded the motion. Motion was approved unanimously.

AYES: Celiz, Elisaldez, Rocha, Chairperson Martinez
NOES: None
ABSENT: Vice Chairperson Martinez
PLANNING COMMISSION REPORTS:
• City Council meeting of September 10, 2024 – Director of Community & Economic Development Alvie Betancourt provided a summary.

NEW BUSINESS: None.

OLD BUSINESS: None.

Planning Commission Minutes
September 16, 2024

ADJOURNMENT:

There being no further business, Chairperson Martinez adjourned the Planning Commission meeting at 7:02 p.m. There being no objection, it was so ordered.

Yarisma Rocha, Chairperson
ATTEST:

I hereby certify that the foregoing is a true and correct report of the proceedings of the Planning Commission Regular Meeting on September 16th, 2024 approved by the Planning Commission on February 24, 2025.
___________________________________________________________ Alvie Betancourt, Director of Community & Economic Development

PLANNING COMMISSION MINUTES
A regular meeting of the Planning Commission was held at 6:00 p.m. in the City Hall Council Chamber, 6615 Passons Boulevard, Pico Rivera, CA.

CALL TO ORDER
Chairperson Aric Martinez called the meeting to order at 6:00 p.m. on behalf of the Planning Commission.

PRESENT: Celiz, Elisaldez, Rocha, A. Martinez
ABSENT: R. Martinez (Excused)
STAFF PRESENT:

Alvaro Betancourt, Director, Community & Economic Development Julia Gonzalez, Deputy Director, Community & Economic Development Hector Hernandez, Senior Planner, Community & Economic Development Estefany Franco, Planner, Community & Economic Development Aneli Gonzalez, Assistant Planner, Community & Economic Development Eba Soleimani, Planner, Community & Economic Development Carla Anaya, Commission Secretary
PLEDGE OF ALLEGIANCE: Led by Commissioner Celiz.

Chairperson Martinez introduced the first special presentation.

SPECIAL PRESENTATION – PROJECT UPDATES:

Department staff provided updates on major development projects and respective divisions.

Chairperson Martinez opened the discussion.

Commissioner Celiz asked if the Dollar Tree discount store would make improvements such as removing graffiti.

Deputy Director Gonzalez responded that the city is actively working with Dollar Tree to require improvements and will not allow the store to open until they are completed.

Commissioner Rocha asked if there is a different developer for the Mercury Project.

Deputy Director Gonzalez responded that the developer is also the property owner for that project.

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Commissioner Rocha asked if the Mercury project is on hold.

Deputy Director Gonzalez responded that financing the project has been difficult.

However, city staff has met with the property owners to discuss other options.

Chairperson Martinez closed the discussion and moved to the next special presentation.

SPECIAL PRESENTATION – LOCAL HAZARD MITIGATION PLAN:

Senior Planner Hernandez provided a presentation with an overview of the Local Hazard Mitigation Plan (LHMP), Emergency Operations Plan (EOP), and Safety Element Update. In August 2024, the city contracted Atlas Planning Solutions to assist staff in updating the plans to comply with state guidelines. The LHMP will focus on minimizing losses and damages from natural disasters, such as flooding, and manmade events, such as an active shooter incident, while the EOP will serve as a guideline for staff response. In addition, amendments to the General Plan Safety Element will be made to ensure consistency with all updates to the LHMP. The purpose of updating these plans is not only to prepare for emergencies but also to remain eligible for state emergency grants. The LHMP is expected to be drafted and released for public review by Summer or Fall of 2025.

Chairperson Martinez opened the discussion.

Commissioner Elisaldez commended the Public Works Department's emergency response time and efforts after a small tornado knocked down several trees a few years ago. He also emphasized the importance of including the Public Works Department in the plan updates.

Senior Planner Hernandez confirmed that the Public Works Department will be involved in updating the plans.

Deputy Director Gonzalez added that the City Manager and the Public Works Department led the efforts to clear the fallen trees from the City.

Commissioner Celiz recalled a similar emergency, where a roof was blown off, and praised the City’s quick and effective response.

Chairperson Martinez closed the discussion and moved on to the next special presentation.

SPECIAL PRESENTATION – 2025-2029 CONSOLIDATED PLAN OVERVIEW:

Deputy Director Gonzalez presented an overview of the Community Development Block Grant (CDBG) program and the Consolidated Plan. The CDBG program provides grants Planning Commission Minutes
November 4th, 2024

to the city to support low- and moderate-income residents. The Consolidated Plan is a five-year strategic plan outlining how state funds will be prioritized and utilized. Each year, approximately $600,000 is allocated by the U.S. Department of Housing and Urban Development (HUD), and an action plan with an adopted budget is submitted to the City Council. Examples of programs currently funded by the CDBG program include the Housing Rights Program, Senior Lunch Meal Program, Hearts of Compassion, and Capital Improvement Projects. A brief survey requesting input was provided to the Planning Commission.

Chairperson Martinez opened the discussion.

Commissioner Celiz commented that a previous commission had overseen the CDBG program and asked if outreach is conducted primarily through surveys.

Deputy Director Gonzalez responded that outreach is conducted through surveys, community meetings, online meetings, the city website, and flyers posted around city facilities.

Commissioner Celiz noted that she had previously been required to vote on how the CDBG funds were allocated.

Deputy Director Gonzalez explained that the commission overseeing CDBG funds had been eliminated and that CDBG items are now presented exclusively to the City Council.

Chairperson Martinez closed the discussion.

NON-AGENDA ITEMS PUBLIC COMMENTS:

There were none.

CONSENT ITEMS:

There were none.

PLANNING COMMISSION REPORTS:

There were none.

NEW BUSINESS: None.

OLD BUSINESS: None.

ADJOURNMENT:

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There being no further business, Chairperson Martinez adjourned the Planning Commission meeting at 6:52 p.m. There being no objection, it was so ordered.

Yarisma Rocha, Chairperson
ATTEST:

I hereby certify that the foregoing is a true and correct report of the proceedings of the Planning Commission Regular Meeting on November 4th, 2024 and approved by the Planning Commission on February 24, 2025.
___________________________________________________________ Alvie Betancourt, Director of Community & Economic Development MEETING DATE: 03/11/25

CHECK DATE STARTING ENDING AMOUNT
CHECK NUMBERS: 02/14/25-02/27/25 296971 297094 $2,347,113.54 ACH NUMBERS: 02/14/25-02/27/25 14935 15002 $669,275.44
PRE-NOTE: 14955
TOTAL REGISTER AMOUNT: $ 3,016,388.98
11th WARRANT REGISTER OF THE 2024 - 2025 FISCAL YEAR
SPECIAL CHECKS/EFT:

VOIDED CHECKS
2 Number Date Description
Transaction
Amount
296971 02/19/2025 02/26/2025 $348.69
Invoice Amount
250206025101 $179.79
250206069101 $168.90
296972 02/19/2025 02/25/2025 $75.00
Invoice Amount
COMSTP021225-AS $75.00
296973 02/19/2025 02/25/2025 $8,830.00
Invoice Amount
1704 $8,830.00
296974 02/19/2025 $100.00
Invoice Amount
99534 $100.00
296975 02/19/2025 02/25/2025 $123.74
Invoice Description Amount
Description
PRE-EMPLOYMENT LIVE SCANS JANUARY 2025
Accounts Payable County of Los Angeles Dept of Public Works Description
PROFESSIONAL SVCS THROUGH 1/31/25, LHMP UPDATE
Accounts Payable Certifix Live Scan
Description
COMMISSIONER STIPEND FOR MEETING 02/12/25
Accounts Payable ATLAS PLANNING SOLUTIONS
After Hours Answering Services For Street Maintenance - Jan 2025 After Hours Answering Services For Water Division - Jan 2025 Accounts Payable ASCENCIO, ANA ROSA
CBC GenOpe - CBC General Operating
Check
Accounts Payable Ansafone Contact Center, Labell Exchange & BTE Com Description
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
user: Georgina Maldonado Pages: 1 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
RE-PW25021004256 $123.74
296976 02/19/2025 02/26/2025 $6.00
Invoice Amount
25ASRE103 $6.00
296977 02/19/2025 $4,347.28
Invoice Amount
SI-1300609 $4,347.28
296978 02/19/2025 $1,786.05
Invoice Amount
9403381675 $1,786.05
296979 02/19/2025 $68.46
Invoice Amount
1976997 $68.46
296980 02/19/2025 02/25/2025 $2,120.18
Invoice Amount
SA5876170 $998.20
Description
CROSSBODY WATER BAGS FOR OUTDOOR EQUITY GRANT PROGRAM FY 24-25 Description
EQUIPMENT PE SOFTENER FEBRUARY 2025
Accounts Payable CW PRODUCTS INC DBA ANYPROMO.COM
Description

COLD PATCH ASPHALT FOR STREET MAINTENANCE
Accounts Payable Culligan Water of Santa Ana
Description
JUNIPER CARE SUPPORT FOR 1 YEAR
Accounts Payable Crafco, Inc.

Description
1 MAP FOR DECEMBER 2024
Accounts Payable CPACINC.COM
Traffic Signal Maintenance Through January 2025
Accounts Payable County of Los Angeles, Assessor
user: Georgina Maldonado Pages: 2 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
SA5875918 $513.65
SA5876176 $608.33
296981 02/19/2025 02/26/2025 $1,400.00
Invoice Amount
10722 $410.00
10770 $990.00
296982 02/19/2025 02/25/2025 $26,187.50
Invoice Amount
202411273 $26,187.50
296983 02/19/2025 02/25/2025 $96.00
Invoice Amount
LELI-WINWK6-25 $96.00
296984 02/19/2025 $786.00
Invoice Amount
MIS-00005830 $786.00
296985 02/19/2025 02/26/2025 $185.78
Description
ADMIN CHARGES FOR SECTION 8 PARTICIPANTS INCOME 10/01/24-12/31/2 Accounts Payable Ewing Irrigation Products Inc
Description
OFFICIATING SVCS 2/14/25
Accounts Payable Employment Development Department
Description
PROFESSIONAL SVCS 10/26/24-11/22/24, CITYWIDE OBJECTIVE DESIGN Accounts Payable Elisaldez , Louie
ANALYST TEST BOOK RENTAL 12/13/24-12/27/24
PARKS AND REC COORDINATOR TEST BOOKS RENTAL, 2/6/25-2/20/25 Accounts Payable Dudek
SUNSCREEN/LIP BALM FOR OUTDOOR EQUITY GRANT PROGRAM FY 24-25 Accounts Payable Donnoe & Associates, Inc.

Description
MINI FIRST AID KITS FOR OUTDOOR EQUITY GRANT PROGRAM FY 24-25 user: Georgina Maldonado Pages: 3 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
Invoice Amount
24765803 $185.78
296986 02/19/2025 $385.00
Invoice Amount
8050 $161.00
00018 $224.00
296987 02/19/2025 02/25/2025 $926.37
Invoice Amount
4933873 $926.37
296988 02/19/2025 $168.09
Invoice Amount
24216 $168.09
296989 02/19/2025 02/26/2025 $3,327.98
Invoice Amount
1728 $3,327.98
296990 02/19/2025 02/25/2025 Accounts Payable HELPMATES STAFFING SERVICE, LLC $3,397.58 Accounts Payable GREENS SECURITY CENTERS INC.

Description
Lock and Keys For Facilities
Accounts Payable Graphics World
Description

BUSINESS CARDS FOR STAFF
Accounts Payable Ferguson Enterprises, Inc
Description
Plumbing Supplies For Facilities
Description
CITY FLEET CAR WASHERS-DECEMBER 2024
CITY FLEET CAR WASHERS-JANUARY 2025
Description
Irrigation Supplies For Park Maintenance
Accounts Payable Fast 5 Pico Rivera 5, LLC
user: Georgina Maldonado Pages: 4 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
Invoice Amount
000496736 $1,005.20
000496051 $942.38
000496735 $1,450.00
296991 02/19/2025 $26,363.75
Invoice Amount
3388 $8,010.00
3439 $4,277.50
3438 $14,076.25
296992 02/19/2025 02/25/2025 $5,454.92
Invoice Amount
62779 $5,454.92
296993 02/19/2025 02/25/2025 $1,112,745.32
Invoice Amount
251212JL $201.21
252033TZ $1,112,544.11
296994 02/19/2025 $1,792.91
PRISONER MAINTENANCE-CITIES, SEPTEMBER 2024
SHERIFF SVCS JANUARY 2025
Accounts Payable Matt-Chlor, Inc
BUS TRANSPORTATION TO DISCOVERY CUBE, 2/5/25
Accounts Payable LA County Sheriffs Department
Description
ON-CALL IT MANAGEMENT JANUARY 2025
Accounts Payable Inland Empire Stages, LTD
Description
Description
GIS COORDINATION SVCS, JANUARY 2025
3DI PERMITTING JANUARY 2025
TEMP EMPLOYEE, GUADALUPE GONZALEZ, WEEK ENDING 2/2/25
TEMP EMPLOYEE, TERESA SANCHEZ, WEEK ENDING 2/9/25
Accounts Payable Infinity Technologies
Description
TEMP EMPLOYEE, GUADALUPE GONZALEZ, WEEK ENDING 2/9/25
user: Georgina Maldonado Pages: 5 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
Invoice Amount
30663 $257.15
30676 $1,535.76
296995 02/19/2025 $769.34
Invoice Amount
39965372 $418.40
39996402 $322.70
40066620 $28.24
296996 02/19/2025 $231.48
Invoice Amount
310910 $231.48
296997 02/19/2025 02/24/2025 $507.00
Invoice Amount
145919 $507.00
296998 02/19/2025 02/25/2025 $300.00
Invoice Amount
57231 $300.00
Description
REP PARS FEES 12/31/2024
Description
BALLET FOLKLORICO CLASSES, AGES 5-8 YRS OLD, 1/11/25-2/8/25 Accounts Payable PARS
Description

MECHANIC SHOP SUPPLIES
Accounts Payable NUNEZ, DESTINEE
Plant Maintenance & Repair
Small Tools For Water Division
Accounts Payable Napa Auto Parts
Accounts Payable McMaster-Carr Supply Company
Description
Plant Maintenance & Repair
Description

PLANT MAINTENANCE AND REPAIR

PLANT MAINTENANCE AND REPAIR
user: Georgina Maldonado Pages: 6 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
296999 02/19/2025 02/26/2025 $75.00
Invoice Amount
COMSTP021225-RP $75.00
297000 02/19/2025 $3,915.27
Invoice Amount
49248 $3,915.27
297001 02/19/2025 02/26/2025 $1,704.20
Invoice Amount
2175341 $1,704.20
297002 02/19/2025 02/24/2025 $691.20
Invoice Amount
145811-145992 $691.20
297003 02/19/2025 02/26/2025 $856.44
Invoice Amount
E 692743 $547.74
E 692744 $308.70
Description
BATTERY FOR UNIT #290
BATTERY FOR UNIT #200
Description
BALLROOM ROOM DANCING AND SWING CLASSES, 1/6/25-2/10/25 Accounts Payable Powerstride Battery Co. Inc.

Description
GOLF COURSE EQUIPMENT LEASE, 01/30/25-02/27/25
Accounts Payable PORTILLO, EMILY
Description
FEBRUARY 2024 PROFILE
Accounts Payable PNC EQUIPMENT FINANCE, LLC
Description
COMMISSIONER STIPEND FOR MEETING 02/12/25
Accounts Payable PGI-Pacific Graphics, Inc.

Accounts Payable PEREZ, ROBERT
user: Georgina Maldonado Pages: 7 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
297004 02/19/2025 $1,199.05
Invoice Amount
7900044081355780 $1,199.05
297005 02/19/2025 $645.00
Invoice Amount
122084 $645.00
297006 02/19/2025 $2,160.00
Invoice Amount
2637LD $2,160.00
297007 02/19/2025 $300.00
Invoice Amount
2025-126 $300.00
297008 02/19/2025 02/25/2025 $2,181.13
Invoice Amount
20931 $2,181.13
Accounts Payable Roadline Products Inc., USA
Description

MATERIALS FOR STREET SIGNS
Accounts Payable Rivera Baseball Association Inc
Description
PLAYPASS VOUCHERS FOR THE 2025 CALENDAR YEAR
Accounts Payable RIPPLE PLUMBING
Description

BACKFLOW TESTING
Accounts Payable RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.

Description
PROFESSIONAL SVCS 10/26/24-11/25/24, RIO HONDO PARK
Accounts Payable Quadient Leasing USA, Inc.

Description
POSTAGE, FEBRUARY 2025
user: Georgina Maldonado Pages: 8 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
297009 02/19/2025 $70.56
Invoice Amount
8017317 $70.56
297010 02/19/2025 02/25/2025 $1,023.33
Invoice Amount
2025JANSANGABV-C $346.74
2025JANSANGABV-B $431.21
2025JANSANGABV-A $245.38
297011 02/19/2025 $1,782.00
Invoice Amount
2025-02-13-112 $1,782.00
297012 02/19/2025 02/26/2025 $1,221.26
Invoice Amount
720260 $610.63
728320 $610.63
297013 02/19/2025 $439.46
Invoice Amount
Accounts Payable Specialized Elevator Corporation
Description
Description
Fence rental on Beverly & Rosemead Blvd, 11/23/24-12/20/24 Fence rental on Beverly & Rosemead Blvd, 1/18/25-2/14/25 Description
PROFESSIONAL SVCS JANUARY 2025, ROSEWOOD CORRIDOR
Accounts Payable So Cal Industries
UTILITIES FOR 1/6/25-2/3/25
UTILITIES FOR 1/6/25-2/3/25
Accounts Payable SHARED USE MOBILITY CENTER
Accounts Payable San Gabriel Valley Water Co
Description
UTILITIES FOR 1/6/25-2/3/25
Accounts Payable Robert Klein Printers
Description

BUSINESS CARDS FOR RUBEN BENAVIDES
user: Georgina Maldonado Pages: 9 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
81153 $439.46
297014 02/19/2025 $96.00
Invoice Amount
SSTA-WINWK6-25 $96.00
297015 02/19/2025 $150.00
Invoice Amount
DB 3867245 $150.00
297016 02/19/2025 $75.00
Invoice Amount
COMSTP021225-IT $75.00
297017 02/19/2025 $365.00
Invoice Amount
2024-1766 $365.00
297018 02/19/2025 02/26/2025 $2,311.93
Invoice Amount
28214 $2,311.93
Accounts Payable TRIANGLE BILLIARDS, INC.

Description

PAYMENT FOR PING PONG TABLE FOR YOUTH CENTER
Accounts Payable TKE Engineering Inc.

Description
PROFESSIONAL SVCS DECEMBER 2024, GENERAL PLAN CHECKING SVCS Accounts Payable TIRADO, IRMA, ACOSTA
Description
COMMISSIONER STIPEND FOR MEETING 02/12/25
Accounts Payable Swank Motion Pictures Inc
Description
WS DVD SUMMER CAMP, 2/4/25
Accounts Payable Stamps, Sarita
Description
OFFICIATING SVCS 2/14/25
ELEVATOR MAINTENANCE, FEBRUARY 2025
user: Georgina Maldonado Pages: 10 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
297019 02/19/2025 02/25/2025 $260.61
Invoice Amount
43170 $260.61
297020 02/19/2025 $2,672.50
Invoice Amount
14041 $2,672.50
297021 02/19/2025 02/26/2025 $1,818.00
Invoice Amount
CINV-039656 $1,818.00
297022 02/19/2025 02/26/2025 $62.35
Invoice Amount
5404151494 $62.35
297023 02/19/2025 02/25/2025 $3,025.00
Invoice Amount
224909 $3,025.00
Accounts Payable West Coast Arborists, Inc
Description
PARK TREE TRIMMING SVCS-01/16/25-01/31/25
Accounts Payable Uhaul
Description

PROPANE FOR ASPHALT MAINTENANCE
Accounts Payable TRUSAIC
Description
2025 ACA MARCH SVCS
Accounts Payable Tripepi, Smith and Associates, Inc.

Description
SB1383 Program Consulting Services, 12/17/24-1/23/25
Accounts Payable Triangle Sports, Inc.

Description

JACKETS WITH EMBROIDERY
user: Georgina Maldonado Pages: 11 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
297024 02/19/2025 02/25/2025 $739.36
Invoice Amount
810521 $739.36
297025 02/19/2025 02/25/2025 $531.32
Invoice Amount
420154 $531.32
297026 02/19/2025 02/24/2025 $580.66
Invoice Amount
PSO170732-1 $580.66
297027 02/24/2025 $85.91
297028 02/24/2025 $48.96
297029 02/24/2025 $37.66
297030 02/24/2025 $58.92
297031 02/24/2025 $363.61
297032 02/24/2025 $57.60
297033 02/24/2025 $12.30
297034 02/24/2025 $55.35
297035 02/24/2025 $53.83
Utility Management Refund RODRIGUEZ, CHRISTINA
Utility Management Refund SEAMLESS LAND INC
Utility Management Refund STANFORD, ALICE
Utility Management Refund KDS ENTERPRISES INC
Utility Management Refund LEWIS , MARY LINDA
Utility Management Refund MADRID, SONIA
Utility Management Refund CHAVEZ, ANTONIO
Utility Management Refund COMMERCIAL MEAT COMPANY
Utility Management Refund GONZALEZ-VELASCO, ROSEMARY
Accounts Payable Sonsray Machinery , LLC
Description

MECHANIC SHOP SUPPLIES
Accounts Payable Whittier Fertilizer Company
Description
Maintenance Supplies For Parks
Accounts Payable West Coast Sand & Gravel, Inc.

Description

SAND FOR WATER DIVISION
user: Georgina Maldonado Pages: 12 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
297036 02/24/2025 $1,414.85
297037 02/26/2025 $146.03
Invoice Amount
128603 $146.03
297038 02/26/2025 $549.99
Invoice Amount
41979 $549.99
297039 02/26/2025 $2,440.00
Invoice Amount
9803-0266-24R $2,440.00
297040 02/26/2025 $300.00
Invoice Amount
2025-098 $300.00
297041 02/26/2025 $280.00
Invoice Amount
INV-539 CAPIO EPIC AWARDS ENTRY FEES $280.00
TEMPORARY USE PERMIT #2025-098, BREWJERIA EVENT 4937 DURFEE AVE Accounts Payable ALVARADO, RUDY
Description
PROFESSIONAL SVCS 10/1/24-12/31/24, ITS MASTER PLAN, CAPITAL IMP Accounts Payable Agustin Ruelas
Description

ESPRESSO FILTER REPLACEMENT
Accounts Payable Advantec Consulting Engineering
Description
PORTABLE RESTROOM FOR COMMUNITY GARDEN, 02/11/25-03/10/25 Accounts Payable A TECH ESPRESSO & COFFEE SERVICE, INC.

Description
Utility Management Refund TRUGREEN L.P.

Accounts Payable 1st Jon Inc
Description
user: Georgina Maldonado Pages: 13 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
297042 02/26/2025 $9,833.60
Invoice Amount
2024-11-21250 $9,833.60
297043 02/26/2025 $79.38
Invoice Amount
2456-25 $79.38
297044 02/26/2025 $345.60
Invoice Amount
146137 $345.60
297045 02/26/2025 $268.80
Invoice Amount
145840 $268.80
297046 02/26/2025 $2,871.70
Invoice Amount
237724 $2,871.70
297047 02/26/2025 $5,895.75
SHARED TRAFFIC SIGNAL MAINTENANCE JULY-DECEMBER 2024
Accounts Payable CliftonLarsonAllen LLP
INSTRUCTOR FOR YOGA WELLNESS, 02/03/25-02/24/25
Accounts Payable City of Downey
Description
INSTRUCTOR FOR STRONG NATION-HIIT, 02/04/25-02/27/25
Accounts Payable BELTRAN, KATALINA
Description

EMBROIDERY LOGO ON SPORT SHIRTS & JACKET, PARKING ENFORCEMENT Accounts Payable BAUTISTA, LISSETTE, G.

Description
LEGAL SVCS FOR NOVEMBER 2024
Accounts Payable American Marker
Description
Accounts Payable Alvarez-Glasman & Colvin
Description
user: Georgina Maldonado Pages: 14 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
Invoice Amount
L251066901 $5,895.75
297048 02/26/2025 $58,144.37
Invoice Amount
22007-11 $58,144.37
297049 02/26/2025 $570.00
Invoice Amount
1456-82173 $570.00
297050 02/26/2025 $121.30
Invoice Amount
RE-PW25021003777 $121.30
297051 02/26/2025 $20,686.67
Invoice Amount
RE-PW25021003900 $20,686.67
297052 02/26/2025 $82,336.72
Invoice Amount
INDUSTRIAL WASTE SVCS THROUGH JANUARY 2025
Accounts Payable DAHLIN GROUP, INC
Description
FLOOD CONTROL THROUGH JANUARY 2025
Accounts Payable County of Los Angeles Dept of Public Works Description
PRE-EMPLOYMENT PHYSICALS AUGUST 2024
Accounts Payable County of Los Angeles Dept of Public Works Description
PROFESSIONAL SVCS 10/5/24-12/31/24, WASHINGTON BL OVER RIO BRIDG Accounts Payable Coastal Occupational Medical Group
Description
SCO REPORTS FY 24-JAN 2025
Accounts Payable CNS Engineers, Inc.

Description
Description
user: Georgina Maldonado Pages: 15 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
2501-176 $60,920.63
2411-123 $21,416.09
297053 02/26/2025 $345.01
Invoice Amount
251125 $197.76
251137 $147.25
297054 02/26/2025 $100.00
Invoice Amount
COMSTP022425-EC $100.00
297055 02/26/2025 $761.01
Invoice Amount
24877859 $761.01
297056 02/26/2025 $935.53
Invoice Amount
24877908 $935.53
297057 02/26/2025 Accounts Payable EZ Graphics Inc $525.42 Accounts Payable Ewing Irrigation Products Inc
Description
Irrigation Stock Supplies For Parks
Accounts Payable Ewing Irrigation Products Inc
Description
Irrigation and Landscaping Supplies & Materials
Accounts Payable Esther Celiz
Description
COMMISSIONER STIPEND FOR MEETING 02/24/25
Description

NAMEPLATE FOR FINANCE STAFF

PRIME NAME BADGES
PROF SVCS THROUGH 01/31/, SMITH PARK AQUATIC CENTER
PROF SVCS THROUGH 11/30/24, SMITH PARK AQUATIC CENTER
Accounts Payable Encore Awards & Marking Corp
user: Georgina Maldonado Pages: 16 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
Invoice Amount
3376 $525.42
297058 02/26/2025 $2,415.00
Invoice Amount
12588 $2,415.00
297059 02/26/2025 $22,891.06
Invoice Amount
RETENTION 2024-1 $22,891.06
297060 02/26/2025 $5,125.75
Invoice Amount
GSI-PRSPAC-06 $5,125.75
297061 02/26/2025 $625,096.56
Invoice Amount
PROGRESS PMT 14 $657,996.38
PROGRESS PMT 14A ($32,899.82)
297062 02/26/2025 $2,276.25
PROF SVCS 11/01/24-11/30/24, PR REGIONAL BIKEWAY PROJECT Accounts Payable Harris & Associates, Inc
Accounts Payable GRIFFITH COMPANY
Description
PROF SVCS 11/01/24-11/30/24, PR REGIONAL BIKEWAY PROJECT Accounts Payable GRIFFIN STRUCTURES, INC.

Description
PROFESSIONAL SVCS JANUARY 2025, SMITH PARK AQUATIC
Accounts Payable GLOBAL BUILDERS INC.

Description
PROF SVCS 12/11/23-02/05/24, PR SENIOR CENTER TENANT IMPROVEMENT Accounts Payable Fast Deer Bus Charter, Inc
Description
BUS TRANSPORATION FOR THE LIVING DESERT ZOO AND GARDENS,02/22/25 Description
CITY SEAL DECALS (16) SPECIAL SIZE FOR PW VEHICLES
user: Georgina Maldonado Pages: 17 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
Invoice Amount
66383 $2,276.25
297063 02/26/2025 $16,859.08
Invoice Amount
123124 $16,859.08
297064 02/26/2025 $1,450.00
Invoice Amount
000497420 $1,450.00
297065 02/26/2025 $96.00
Invoice Amount
FHER-WINWK7-25 $96.00
297066 02/26/2025 $741.17
Invoice Amount
78899-A $140.30
SB3048 $600.87
297067 02/26/2025 $5,662.84

SMALL TOOLS FOR WATER DIVISION

MECHANIC SHOP SUPPLIES
Accounts Payable Inland Empire Stages, LTD
OFFICIATING SVCS 2/21/25
Accounts Payable Industrial Pipe & Steel Company
Description
TEMPORARY EMPLOYEE, TERESA SANCHEZ 02/10/25-02/13/25
Accounts Payable HERNANDEZ, JR., FERNANDO
Description
Provide Food and other essential goods to local community Accounts Payable HELPMATES STAFFING SERVICE, LLC
Description
PROFESSIONAL SVCS 12/29/24-1/25/25, DEVELOPMENT IMPACT STUDY Accounts Payable Heart of Compassion
Description
Description
user: Georgina Maldonado Pages: 18 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
Invoice Amount
62905 $2,408.14
62790 $3,254.70
297068 02/26/2025 $84,647.75
Invoice Amount
PC 7300 $84,647.75
297069 02/26/2025 $1,250.00
Invoice Amount
317510 $1,250.00
297070 02/26/2025 $1,184.40
Invoice Amount
145817-145825 $1,184.40
297071 02/26/2025 $100.00
Invoice Amount
COMSTP022425-AM $100.00
297072 02/26/2025 Accounts Payable Metropolitan Transportation Commission $3,500.00 Accounts Payable Martinez, Aric, L
Description
COMMISSIONER STIPEND FOR MEETING 02/24/25
Accounts Payable KIDZ TALENT ACADEMY LLC
Description

INSTRUCTOR FOR BEGINNERS GYMNASTICS & TUMBLING
Accounts Payable Keenan & Associates
Description
BENEFIT BRIDGE FEE FEBRUARY 2025, INSTALLMENT 8
Accounts Payable Jas Pacific, Inc.

Description
PROFESSIONAL SVCS FOR NOVEMBER 2024
Description
EXCURSION TO CABAZON ON JANUARY 18, 2025
BUS TRANSPORATION TO LOS ANGELES ZOO, 02/12/25
user: Georgina Maldonado Pages: 19 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
Invoice Amount
4926-AR13764 $3,500.00
297073 02/26/2025 $553.50
Invoice Amount
0089848 $553.50
297074 02/26/2025 $122.35
Invoice Amount
311068 $77.16
311054 $45.19
297075 02/26/2025 $7,500.00
Invoice Amount
318 $7,500.00
297076 02/26/2025 $20,719.72
Invoice Amount
2024DEC-PICOWD-A $6,181.33
2024DEC-PICOWD-B $14,538.39
UTILITIES FOR 12/12/24-1/14/25
UTILITIES FOR 12/12/24-1/14/25
CONSULTING SERVICE FOR FEBRUARY 2025
Accounts Payable Pico Water District
Description

MECHANIC SHOP SUPPLIES
Accounts Payable Ollin Strategies
Description
Accounts Payable Napa Auto Parts
Description

MECHANIC SHOP SUPPLIES
Accounts Payable Moore Iacofano & Goltsman Inc
Description
PROFESSIONAL SVCS DECEMBER 2024, ROSEMEAD BL MEDIAN
Description
STREETSAVER ANNUAL SUBSCRIPTION SOFTWARE 04/01/25-03/31/26 user: Georgina Maldonado Pages: 20 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
297077 02/26/2025 $28,779.00
Invoice Amount
122206 $28,779.00
297078 02/26/2025 $472.97
Invoice Amount
8017318 $49.61
8017314 $423.36
297079 02/26/2025 $448.00
Invoice Amount
CRod-WINWk6-25 $224.00
CROD-WINWK7-25 $224.00
297080 02/26/2025 $610.63
Invoice Amount
732406 $610.63
297081 02/26/2025 $74,047.00
Invoice Amount
INV#13837 RENEWAL OF SHOTSPOTTER SUBSCRIPTION, 12/26/24-09/24/25 PHASE 1-2 $74,047.00 Fence rental on Beverly & Rosemead Blvd. for 2/15/25-3/14/25 Accounts Payable SOUNDTHINKING, INC.

Description
OFFICIATING SVCS 2/21/25 & 2/22/25
Accounts Payable So Cal Industries
Description
Accounts Payable RODRIGUEZ, CHRISTIAN, ARTURO
Description
OFFICIATING SVCS 02/14/25-02/15/25
Description

BUSINESS CARDS FOR JESSICA ALCARAZ

BUSINESS CARDS FOR STAFF
Description
PROF SVCS 12/26/24-01/25/25, 23109 RIO HONDO PARK
Accounts Payable Robert Klein Printers
Accounts Payable RHA LANDSCAPE ARCHITECTS-PLANNERS, INC. user: Georgina Maldonado Pages: 21 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
297082 02/26/2025 $135.00
Invoice Amount
145758-145762 $135.00
297083 02/26/2025 $690.42
Invoice Amount
I792876-A $690.42
297084 02/26/2025 $1,104.30
Invoice Amount
0056198 $1,104.30
297085 02/26/2025 $930.00
Invoice Amount
2024-1765 $930.00
297086 02/26/2025 $100.00
Invoice Amount
COMSTP022425-TE COMMISSIONER STIPEND FOR MEETING 02/24/25 $100.00 PROFESSIONAL SVCS 11/1/24-12/31/24, DURFEE UNDERPASS STREET Accounts Payable Tommy Elisaldez
Description
PROFESSIONAL SVCS JANUARY 2025, SCHOOL XING IMP
Accounts Payable TKE Engineering Inc.

Description
Battery Packs For Stop Signs
Accounts Payable TJKM Transportation Consultants
Description
ACTING WORKSHOP SCENE STUDY CLASSES 2/12/25-2/26/25
Accounts Payable TAPCO
Description
Accounts Payable TAMEZ, VICTORIA, ANN
Description
user: Georgina Maldonado Pages: 22 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
297087 02/26/2025 $720.37
Invoice Amount
2190300792 $350.18
2190303791 $370.19
297088 02/26/2025 $448.00
Invoice Amount
KVarWINWk6-25 $224.00
KVARWINWK7-25 $224.00
297089 02/26/2025 $250.00
Invoice Amount
783904 $250.00
297090 02/26/2025 $11,942.70
Invoice Amount
224908 $11,942.70
297091 02/26/2025 $100.00
Invoice Amount
COMSTP022425-YR $100.00
Accounts Payable Yarisma Rocha
Description
COMMISSIONER STIPEND FOR MEETING 02/24/25
Accounts Payable West Coast Arborists, Inc
Description
TREE MAINTENANCE , PRUNING 1/16/25-1/31/25
Accounts Payable Ware Malcomb
Description
PROFESSIONAL SVCS 01/01/25-01/31/25, PR COUNCIL CHAMBER Description
OFFICIATING SVCS 02/14/25-02/15/25
OFFICIATING SVCS 2/21/25 & 2/22/25

UNIFORM RENTAL SERVICE

UNIFORM RENTAL SERVICE
Accounts Payable Varos, Kevin
Accounts Payable UNIFIRST CORPORATION
Description
user: Georgina Maldonado Pages: 23 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
297092 02/27/2025 $48.64
Invoice Amount
M0163615042 $48.64
297093 02/27/2025 $440.16
Invoice Amount
022725 $440.16
297094 02/27/2025 $147.00
Invoice Amount
022725 $137.00
013025 $10.00
$2,347,113.54
14935 02/19/2025 $42,764.26
Invoice Amount
SA21725 $42,764.26
14936 02/19/2025 Accounts Payable AAA Electrical Supply, Inc. $3,062.87 Accounts Payable (Troon) Indigo Sports, LLC
Description
PAYROLL 2/14/25
COPE FEES FOR S.MENDEZ & M.CHAGOYAN
Type Check Totals:

EFT
Accounts Payable SEIU Local 721-COPE
Description
COPE FEES FOR P/E 02/21/25
Accounts Payable BMG Money, Inc
Description
EMPLOYEE DEDUCTION FOR P/E 02/21/25
Accounts Payable American Heritage Life Insurance Co
Description
SUPPLEMENTAL LIFE INSURANCE FOR P/E 02/07/25 & 02/21/25 user: Georgina Maldonado Pages: 24 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
Invoice Amount
320356-00 $305.35
320350-00 $469.36
320286-00 $642.12
320347-00 $445.35
320295-00 $540.96
320538-00 $234.93
320406-00 $31.36
320506-00 $105.53
320398-00 $207.56
320376-00 $80.35
14937 02/19/2025 $8,945.00
Invoice Amount
19611184 $8,945.00
14938 02/19/2025 $26,041.25
Invoice Amount
11240 $26,041.25
14939 02/19/2025 Accounts Payable Cosby Oil Company $6,025.48 Accounts Payable Advanced Avant-Garde Corp.

Description
PROFESSIONAL SVCS DECEMBER 2024, CDBG PROGRAM MANAGEMENT Accounts Payable ABM Building Solutions, LLC
Description
HVAC MAINTENANCE JANUARY 2025
Electrical Supplies For Facilities
Electrical Supplies For Rivera Park Gym
Electrical Supplies For Rivera Park Gym
Electrical Supplies For Pedestrian Bridge
Electrical Supplies For Rivera Park
Electrical Supplies For Rivera Park Gym
Electrical Supplies For Rivera Park Gym
Electrical Supplies For Pico Park Cameras
Electrical Supplies For Facilities
Description

ELECTRICAL SUPPLIES FOR RIVERA PARK GYM
user: Georgina Maldonado Pages: 25 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
Invoice Amount
CL33196 $6,025.48
14940 02/19/2025 $1,080.00
Invoice Amount
145785-145809 $1,080.00
14941 02/19/2025 $2,587.17
Invoice Amount
10797446532 $2,587.17
14942 02/19/2025 $1,509.10
Invoice Amount
847537537 $1,509.10
14943 02/19/2025 $18.19
Invoice Amount
476416 $18.19
14944 02/19/2025 $294.37
Invoice Amount
Accounts Payable JCL Traffic Services
Description
Accounts Payable I Copy, Inc (ibe digital)
Description

TONER FOR SMITH PARK
Accounts Payable Home Depot
Description

JANITORIAL SUPPLIES FOR CITY YARD
Accounts Payable Dell Marketing L.P.

Description
IT Manager Equipment
Accounts Payable Dance Image
Description
BALLET, TUMBLE & TAP FOR TOTS, PRESCHOOL & KIDS 1/6/25-2/22/25 Description
FUEL FOR CITY FLEET, 02/01/25-02/10/25
user: Georgina Maldonado Pages: 26 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
127804 $294.37
14945 02/19/2025 $750.00
Invoice Amount
702-1-35091 $250.00
702-1-35539 $250.00
702-1-35490 $250.00
14946 02/19/2025 $160.00
Invoice Amount
2024-003496 $45.00
2024-003497 $115.00
14947 02/19/2025 $1,315.46
Invoice Amount
S100245136.001 $546.37
S100238068.001 $769.09
14948 02/19/2025 $250.00
Invoice Amount
0079546-IN SAFETY SHOES FOR JUAN NUNEZ $250.00
Maintenance Supplies For Water Division
Accounts Payable Shoeteria, Inc.

Description
Accounts Payable S & J Supply Co., Inc.

Description
Maintenance Supplies For Water Division
Description
Pest Control Services For Streamland Park - Dec 2024
Pest Control Services For Pico Park - Dec 2024

SAFETY SHOE FOR ADRIAN CAMACHO

SAFETY SHOES FOR FRANCISCO ANGULO
Accounts Payable Rousselle Company Inc.

Accounts Payable Red Wing Shoe Store
Description

SAFETY SHOE FOR FRANCISCO SIGALA
Temporary No Parking Signs for Water Division
user: Georgina Maldonado Pages: 27 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
14949 02/19/2025 $47,211.82
Invoice Amount
PR JANUARY-2025 $47,211.82
14950 02/19/2025 $43,077.11
Invoice Amount
70023 $3,413.36
70024 $1,690.48
69955 $5,185.39
69957 $2,927.57
69956 $3,195.74
69989 $4,395.86
70021 $1,690.48
70020 $1,690.48
70022 $1,690.48
69909 $17,197.27
14951 02/19/2025 $458.21
Invoice Amount
4252-7 PAINT SUPPLIES FOR FACILITIES $169.67
MAINTENANCE & REPAIR FOR CITY STREET LIGHTS-NOVEMBER 2024 Accounts Payable The Sherwin-Williams Co.

Description
Maintenance & Repairs For Street Lights - November 2024 Maintenance & Repair For Street Lights - December 2024
Maintenance & Repair For City Street Lights - November 2024 Maintenance & Repair For Street Lights - December 2024
Maintenance & Repairs For Street Lights - December 2024 Street Light Maintenance & Repairs - January 2025
Maintenance & Repair For City Street Lights - December 2024 Maintenance & Repair For City Street Lights - January 2025 Maintenance & Repairs For City Street Lights - December 2024 PR DIAL A RIDE SERVICE FOR JANUARY 2025
Accounts Payable Tanko Streetlighting, Inc
Description
Accounts Payable Southland Transit, Inc.

Description
user: Georgina Maldonado Pages: 28 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
35345191510225 $134.75
23691185070225 $127.93
4236-0 $25.86
14952 02/19/2025 $362.38
Invoice Amount
120250534 $291.20
24-252539 $71.18
14953 02/19/2025 $630.17
Invoice Amount
2705409 $434.93
2705223 $195.24
14954 02/19/2025 $1,716.75
Invoice Amount
00340154 $348.25
00340153 $525.00
00340152 $367.50
00340155 $476.00
PROF SVCS THROUGH 12/27/24, MINES AVENUE REGIONAL BIKEWAY PROF SVCS THROUGH 12/27/24, TELEGRAPH ROAD BRIDGE
PROF SVCS THROUGH 12/27/24, MISC ENG SVCS FY24/25
Accounts Payable Willdan Engineering
Description
PROF SVCS THROUGH 12/27/24, HSIP11 CITYWIDE TS
Description

HOT ASPHALT FOR STREET MAINTENANCE

HOT ASPHALT FOR STREET MAINTENANCE
Monthly Database Tickets

MONTHLY TICKETS
Accounts Payable Vulcan Materials Co.

PAINT SUPPLIES FOR FACILITIES DEPARTMENT
Accounts Payable Underground Service Alert of Southern California Description

GRAFFITI ABATEMENT SUPPLIES

GRAFFITI ABATEMENT SUPPLIES
user: Georgina Maldonado Pages: 29 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
14956 02/14/2025 $156.35
Invoice Amount
Import - 21531 $156.35
14957 02/14/2025 $365.82
Invoice Amount
Import - 21532 $365.82
14958 02/14/2025 $176.40
Invoice Amount
Import - 21533 $176.40
14959 02/14/2025 $45.44
Invoice Amount
Import - 21535 $45.44
14960 02/18/2025 $1,955.96
Invoice Amount
Import - 21536 $1,955.96
14961 02/18/2025 Accounts Payable T-Mobile USA, Inc $2,815.82 Accounts Payable Frontier California
Description
Phone Svc for FEBRUARY 2025
Accounts Payable Time Warner Cable
Description

INTERNET SVCS
Accounts Payable So Calif Gas Company
Description
UTILITIES-GAS SVCS JANUARY 2025
Accounts Payable So Calif Edison Company
Description
UTILITIES FOR JANUARY 2025
Accounts Payable Frontier California
Description
Phone Svc for FEBRUARY 2025
user: Georgina Maldonado Pages: 30 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
Invoice Amount
Import - 21537 $2,815.82
14962 02/19/2025 $36,435.35
Invoice Amount
Import - 21538 $36,435.35
14963 02/20/2025 $1,121.99
Invoice Amount
Import - 21539 $1,121.99
14964 02/20/2025 $594.94
Invoice Amount
Import - 21540 $594.94
14965 02/21/2025 $78.09
Invoice Amount
Import - 21541 $78.09
14966 02/24/2025 $2,724.54
Invoice Amount
Accounts Payable City of Pico Rivera
Description
Accounts Payable Frontier California
Description
Phone Svc for FEBRUARY 2025
Accounts Payable Time Warner Cable
Description

INTERNET SVCS
Accounts Payable So Calif Edison Company
Description
UTILITIES FOR JANUARY 2025
Accounts Payable So Calif Edison Company
Description
UTILITIES FOR JANUARY 2025
Description
PHONE SVC-12/21/24-1/20/25
user: Georgina Maldonado Pages: 31 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
Import - 21542 $2,724.54
14967 02/26/2025 $7,990.01
Invoice Amount
SA21725-A $7,990.01
14968 02/26/2025 $975.00
Invoice Amount
10651 $975.00
14969 02/26/2025 $16,051.90
Invoice Amount
25020380 $895.75
24121174 $15,045.15
25020864 $111.00
14970 02/26/2025 $1,075.20
Invoice Amount
145880-145888 $1,075.20
14971 02/26/2025 $1,628.95
Description
NIPPON KEMPO, MARTIAL ARTS & LITTLE SAMURAI 2/4/25-2/27/25 Accounts Payable COSTAR REALTY INFORMATION, INC.

PROFESSIONAL SVCS 10/1/23-11/24/24, PR REGIONAL BIKEWAY PROFESSIONAL SVCS THROUGH 1/26/25, PR REGIONAL BIKEWAY
Accounts Payable Cobian, Sr., Luis
Accounts Payable BKF Engineers
Description
PROFESSIONAL SVCS 12/30/24-1/26/25, WHITTIER BRIDGE STUDY Accounts Payable Advanced Avant-Garde Corp.

Description
PROF SVCS FOR JULY 2024, SENIOR RESTROOM CONTRUTION
Accounts Payable (Troon) Indigo Sports, LLC
Description
EXPENSE REIMBURSEMENT FOR 2/5/25 & 2/12/25

WATER SVC
user: Georgina Maldonado Pages: 32 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
Invoice Amount
121776156 $1,628.95
14972 02/26/2025 $2,038.40
Invoice Amount
145828-145835 $2,038.40
14973 02/26/2025 $316.80
Invoice Amount
145770 $316.80
14974 02/26/2025 $2,516.17
Invoice Amount
476633 $18.19
476693 $2,422.01
476723 $75.97
14975 02/26/2025 $10,974.00
Invoice Amount
1345546 $5,428.00
1345548 $708.00
PROF SVCS 01/01/25-01/31/25, SMITH PARK SWIMMIMG POOL
PROF SVCS 01/01/25-01/31/25, PICO PARK RESTROOM
CONTRACT OVERAGE CHARGE FOR 01/18/25-02/17/25 PARKS & REC PRINTE Accounts Payable Interwest Consulting Group
Description
Description

BLACK TONER FOR FINANCE
CONTRACT BILLING PERIOD FOR 01/17/25-02/16/25
Description

INSTRUCTOR FOR PAINTING FINE ARTS
Accounts Payable I Copy, Inc (ibe digital)
Description
INSTRUCTOR FOR BALLET, JAZZ AND TAP COMBO 01/14/25-02/25/25 Accounts Payable HERNANDEZ, TIANNA, M.

Description
REAL ESTATE ONLINE SERVICES FEBRUARY 2025
Accounts Payable Elysian Arts & Events, LLC (SoCa Arts) user: Georgina Maldonado Pages: 33 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
1345550 $4,838.00
14976 02/26/2025 $786.86
Invoice Amount
127881 $320.17
127880 $248.39
127941 $218.30
14977 02/26/2025 $2,543.75
Invoice Amount
PR1PLD12411 $1,079.50
PR1MS412411 $688.75
PR1PLD12410 $775.50
14978 02/26/2025 $11,702.50
Invoice Amount
194170001-0125 $11,702.50
14979 02/26/2025 $1,455.00
Invoice Amount
019590 AV EQUIPMENT REPAIRS $1,455.00
PROFESSIONAL SVCS THROUGH 1/31/25, PR SP/EIR
Accounts Payable Matrix Audio Visuals Designs, Inc.

Description
PROFESSIONAL SVCS OCTOBER 2024, PLAN CHECK SVCS
Accounts Payable Kimley-Horn & Associates, Inc
Description
Description
PLAN CHECK SVCS FOR SAN GABRIEL PKWY, 11/01/24-11/30/24 NPDES PROGRAM SVCS, 11/01/24-11/30/24

TRAFFIC CONTROL MATERIALS

STREET SIGN MATERIALS
Accounts Payable John L Hunter & Associates Inc.

Accounts Payable JCL Traffic Services
Description

MAINTENANCE SUPPLIES FOR STREET DIVISION
PROF SVCS 01/01/25-01/31/25, RIO HONDO PARK SOCCER FIELD user: Georgina Maldonado Pages: 34 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
14980 02/26/2025 $120,181.56
Invoice Amount
34616 $5,930.60
34522 $30,802.95
34592 $21,617.32
34591 $61,830.69
14981 02/26/2025 $81.00
Invoice Amount
145940 $81.00
14982 02/26/2025 $343.75
Invoice Amount
13024 $275.00
12921 $68.75
14983 02/26/2025 $2,019.00
Invoice Amount
145902-145908 $2,019.00
Description
INSTRUCTOR FOR TIKI TAKA SOCCER, 02/04/25-02/25/25
FY 2024-2025 SUCCESSOR AGENCY SVCS

PROFESSIONALS SVCS FOR MHP RSO ADMINISTRATION SVCS
Accounts Payable Serrano, Leon
INSTRUCTOR FOR MEDITATION, 02/01/25-02/22/25
Accounts Payable RSG, Inc
Description
STREET SWEEPING SVCS FEBRUARY 2025
Accounts Payable ORELLANA ESQUIVEL, MEYLIN, YADIRA
Description
FUEL ADJUSTMENT-JANUARY 2025
GRAFFITI ABATEMENT SVCS-JANUARY 2025
BUS SHELTER MAINTENANCE FEBRUARY 2025
Accounts Payable Nationwide Environmental Services
Description
user: Georgina Maldonado Pages: 35 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
14984 02/26/2025 $449.55
Invoice Amount
0079593-IN $200.00
0080882-IN $249.55
14985 02/26/2025 $700.00
Invoice Amount
145754 $700.00
14986 02/26/2025 $10,743.45
Invoice Amount
24MS96-01 $10,743.45
14987 02/26/2025 $3,105.96
Invoice Amount
70049 $1,415.48
70051 $1,690.48
14988 02/26/2025 $194.03
Invoice Amount
2740132 HOT ASPHALT FOR STREET MAINTENANCE $194.03
Maintenance & Repairs For City Street Lights - December 2024 Accounts Payable Vulcan Materials Co.

Description
Accounts Payable Tanko Streetlighting, Inc
Description
Maintenance & Repairs For City Street Lights - February 2025 Accounts Payable Stephen Doreck Equipment Rentals Inc.

Description

REPAIR FOR DAMAGE CAUSED BY A COMMERCIAL TRUCK ON INDUSTRY Accounts Payable Silva, Luz
Description
INSTRUCTOR FOR ZUMBA, 02/04/25-02/27/25
Description

SAFETY SHOES FOR PERRY SINGERMAN

SAFETY SHOES FOR ROBERT SETTERS
Accounts Payable Shoeteria, Inc.
user: Georgina Maldonado Pages: 36 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
14989 02/26/2025 $132,061.40
Invoice Amount
3853-1224 $132,061.40
14990 02/26/2025 $928.16
Invoice Amount
83040392 $928.16
14991 02/26/2025 $18,578.25
Invoice Amount
00629382 $9,510.75
00629437 $4,747.50
00629601 $4,136.00
00629488 $184.00
14992 02/26/2025 $20,001.29
Invoice Amount
Import - 21544 $20,001.29
14993 02/27/2025 $2,249.70

WATER SVC
Accounts Payable Delta Dental (Delta Care)
PROFESSIONAL SVCS THROUGH 12/27/24, PRESSURE RELIEF VALVE IMPROV Accounts Payable City of Pico Rivera
Description
PROF SVCS THROUGH 01/31/25, PR TRAFFIC ENGINEERING SVCS PROFESSIONAL SVCS THROUGH 12/27/24 HSIP SIGN AUDIT & ENHANCEMENT PROFESSIONAL SVCS THROUGH 1/31/25, PED XING HSIP

JANITORIAL SUPPLIES FOR PARKS
Accounts Payable Willdan Engineering
Description
Groundwater & Production Assessment December 2024
Accounts Payable Waxie Sanitary Supply
Description
Accounts Payable Water Replenishment District of So. California Description
user: Georgina Maldonado Pages: 37 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
Invoice Amount
BE006412953 $2,141.22
BE006412953-ADJ $108.48
14994 02/27/2025 $1,695.05
Invoice Amount
020125 $1,695.05
14995 02/27/2025 $10,986.31
Invoice Amount
020125 $10,654.22
020125-ADJ $332.09
14996 02/27/2025 $7,322.14
Invoice Amount
022725 $7,322.14
14997 02/27/2025 $1,222.66
Invoice Amount
022725 $1,222.66
Accounts Payable Nationwide RS
Description
PEHP BENEFIT/DEDUCTION FOR P/E 02/21/25
Accounts Payable Nationwide Retirement Solutions
Description
EMPLOYEE/EMPLOYER CONTRIBUTIONS FOR P/E 02/21/25 (401A) Description
DENTAL SERVICES (DPPO) FOR FEBRUARY 2025
DENTAL SERVICES (DPPO) FOR FEBRUARY 2025-ADJUSTMENTS
Description
SUPPLEMENTAL LIFE INSURANCE FOR FEBRUARY 2025
Accounts Payable MSA-Dental Pool
DENTAL SERVICES (DHMO) FOR FEBRUARY 2025
DENTAL SERVICES (DHMO) FOR FEBRUARY 2025-ADJUSTMENTS
Accounts Payable Lincoln Financial Group
Description
user: Georgina Maldonado Pages: 38 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
14998 02/27/2025 $728.00
Invoice Amount
022725 $728.00
14999 02/27/2025 $1,928.74
Invoice Amount
022725 $1,928.74
15000 02/27/2025 $14,307.34
Invoice Amount
020125 $14,307.52
020125-ADJ ($0.18)
15001 02/25/2025 $24,553.29
Invoice Amount
Import - 21543 $24,553.29
15002 02/27/2025 $109.98
Invoice Amount
Import - 21545 INTERNET SVCS $109.98
UTILITIES FOR JANUARY 2025
Accounts Payable Time Warner Cable
Description
ADJUSTMENTS FOR FEBRUARY 2025
Accounts Payable So Calif Edison Company
Description
Accounts Payable The Lincoln National Life Insurance Company Description
GROUP LIFE, STD & LTD PREMIUMS FOR FEBRUARY 2025
Accounts Payable SEIU Local 721
Description
UNION DUES FOR P/E 02/21/25
Accounts Payable PRMPCEA
Description
UNION DUES FOR P/E 02/21/25
user: Georgina Maldonado Pages: 39 of 40 Thursday, February 27, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 2/14/2025 - To Payment Date: 2/27/2025 Source Payee Name
$669,275.44
Checks
EFTs
All
$3,016,388.98
$669,275.44
Transaction Amount
$2,347,113.54
Transaction Amount
Grand Totals:

Transaction Amount
Type EFT Totals:

CBC GenOpe - CBC General Operating Totals
user: Georgina Maldonado Pages: 40 of 40 Thursday, February 27, 2025 To: Mayor and City Council
From: City Manager
Meeting Date: March 11, 2025
Subject: SECOND READING – ADOPTION OF ORDINANCE NO.
1190 AMENDING CHAPTER 9.48, MOBILEHOME RENT

STABILIZATION AND MOBILEHOME OWNER
PROTECTIONS TO TITLE 9 OF THE PICO RIVERA

MUNICIPAL CODE
Recommendation:

1. Adopt Ordinance No. 1190, 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.

Fiscal Impact:

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

Background:

On January 11, 2022, the City adopted the Mobilehome Rent Stabilization and Mobilehome Owner Protections, Ordinance No. 1153 (RSO). Under this ordinance, a mobile home park owner may increase space rent up to 3% per year, unless otherwise permitted by the ordinance. The ordinance also included several provisions for both tenants and park owners including application processes and appeal procedures.

In October 2022, the City entered into an agreement with RSG Solutions Inc., to administer the RSO as they have for other cities such as Carson, El Monte, and Santa Ana. The City also requested they evaluate Ordinance No. 1153 and recommend a streamlined approach with proposed modifications that would meet the City Council’s 3 CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 11, 2025 SECOND READING – ADOPTION OF ORDINANCE NO. 1190 AMENDING CHAPTER

9.48, MOBILEHOME RENT STABILIZATION AND MOBILEHOME OWNER PROTECTIONS TO TITLE 9 OF THE PICO RIVERA MUNICIPAL CODE

objectives of ensuring a fair balance between the mobile home park and mobilehome owner’s interests.

On February 25, 2025, the City Council approved the first reading of Ordinance No. 1190 amending Chapter 9.48, Mobilehome Rent Stabilization and Mobilehome Owner Protections. The City’s amended RSO is a comprehensive approach to achieving the City Council’s objectives of ensuring a fair balance between the mobile home park and mobilehome owner’s interests. RSG identified nine areas within the Ordinance that could be amended to streamline the process, reduce costs, and provide more clarity and they are as follows:
• The Annual Rent Registry was eliminated and replaced with a Rent Increase application. Park owners are required to submit a Rent Increase application only when proposing to increase rents. This decreases administrative costs. • Clarified that the increase is the lesser of 3% or 75% of the percentage change in CPI.
• Eliminated the Resident Adjustment Application and language limiting residents’ chances to request a rent adjustment. Residents can request reviews at any time at no cost.
• Included a Maintenance of Net Operating Income (MNOI) methodology for determining a constitutional “fair return” application which is typically upheld in courts.
• Increased the allowable rent increase for capital improvement pass through to 10% to incentivizes park owners to invest in the park while maintaining a cap. • Implements 5-member Rental Review Board chosen by the City Council to serve as an impartial forum for reviewing applications and appeals. • Clarifies that spaces that were party to a long-term Rental Agreement prior to January 1, 2025, shall be the lesser of (i) the rent as of October 13, 2020, in addition to the yearly increase of the lesser of three percent (3%) or seventy-five percent (75%) of the percentage change in the CPI or (ii) the rent as of January 1, 2025.
• Clarifies that initial space rents for new residents shall be limited to the lesser of 3% of previous resident’s rent or 75% of change in CPI when space is vacated under any circumstance.

CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 11, 2025
SECOND READING – ADOPTION OF ORDINANCE NO. 1190 AMENDING CHAPTER

9.48, MOBILEHOME RENT STABILIZATION AND MOBILEHOME OWNER PROTECTIONS TO TITLE 9 OF THE PICO RIVERA MUNICIPAL CODE

Per state law amends the language that newly constructed spaces that have been permitted within the past 15 years (on a rolling basis) are exempt from the Ordinance.

Environmental Analysis:

This ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environmental) and 15060 (c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Conclusion:

Staff recommends that the City Council adopt Ordinance No. 1190 amending Chapter

9.48, Mobilehome Rent Stabilization and Mobilehome Owner Protections, of the Pico Rivera Municipal Code. The ordinance will become effective 30 days after adoption.

Once adopted, staff will return to the City Council with specific budget actions, which include establishing application fees and compensation for the Board members. Staff will also begin educating residents and park owners about the adopted amendments.

Steve Carmona
SC:AB:JG:ca
Enclosure: 1) Ordinance No. 1190
ORDINANCE NO. 1190

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
WHEREAS, the City of Pico Rivera (“City”) is a general law city, incorporated under the laws of the State of California, and it has an interest in planning and regulating the use of property within the City; and
WHEREAS, the City desires to prevent and address unreasonable increases in mobilehome park space rents and help preserve affordable mobilehome space rents within the City while permitting mobilehome park owners to receive a fair return; and WHEREAS, there are currently six (6) mobilehome parks operating in the City, with a total of approximately 405 mobilehome spaces and City staff evaluated the condition of the six (6) mobilehome parks to note the lease cost and conditions with regard to maintenance and amenities for residents and other quality of life issues; and WHEREAS, mobilehome parks provide a significant pool of affordable housing for very low, low, and moderate income families, senior citizens, and the disabled residents in the City, and there has been a growing and alarming trend of excessive rent increases for mobilehome park spaces in the City; and
WHEREAS, on January 11, 2022, to address affordability concerns the City added Chapter 9.48, “Mobilehome Rent Stabilization and Mobilehome Owner Protections”, to Title 9 of the Pico Rivera Municipal Code; and WHEREAS, On November 21, 2023, City staff, City Attorney, Economic Development Ad Hoc, and the Park resident advocate met to discuss the proposed amendments; and
WHEREAS, the City desires to amend Chapter 9.48, “Mobilehome Rent Stabilization and Mobilehome Owner Protections”, to further streamline implementation and provide clarity while preserving a fair balance between the interests of the park residents and owners.

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

SECTION 1. Incorporation of Recitals. The City Council hereby finds and determines that the recitals above are true and correct and hereby incorporated into this ordinance as though fully set forth herein.

ENCLOSURE 1
3a
ORDINANCE NO. 1190

SECTION 2. Chapter 9.48 “Mobilehome Rent Stabilization and Mobilehome Owner Protections,” is hereby replaced in its entirety to Title 9 of the Pico Rivera Municipal Code and shall read as follows:

Chapter 9.48 MOBILEHOME RENT STABILIZATION AND

MOBILEHOME OWNER PROTECTIONS

9.48.010 Short Title.

This Chapter shall be known as “Mobilehome Rent Stabilization and Mobilehome Owner Protections.”

9.48.020 Definitions.

The following terms shall have the meaning provided below when used in this Chapter, whether plural or singular:
“Base Rent” means the rent charged on October 13, 2020, when the City Council first introduced its intent to regulate Rent for Mobilehome Parks within the City. However, the Base Rent for Mobilehome Spaces that were party to a long term Rental Agreement pursuant to California Civil Code section 798.17 prior to January 1, 2025 shall be the lesser of (i) the rent as of October 13, 2020, in addition to the yearly increase of the lesser of three percent (3%) or seventy-five percent (75%) of the percentage change in the CPI, as further provided in paragraph section 9.48.040 (D), or (ii) the rent as of January 1, 2025.
"Capital Improvement" means the addition, substantial repair, or replacement of any improvements to a Mobilehome Space within the geographic boundaries of a Mobilehome Park which materially adds to the value of the Mobilehome Park and appreciably prolongs its useful life or adapts it to new uses, and which is of the same type of improvement as those allowed to be amortized over the useful life of the improvement in accordance with the Internal Revenue Code and its regulations. "Code" means the City of Pico Rivera Municipal Code.
"City" means the City of Pico Rivera.
“City Council” means the City Council for the City of Pico Rivera. "CPI" means Consumer Price Index for all urban consumers of the Los AngelesRiverside-Orange County, California area, or any successor designation of that index that may later be adopted by the United States Department of Labor. Calculation of the change in CPI percentage will be determined by the Department. “Department” means the Community and Economic Development Department or any individual, organization, board or body, as designated by the City Council by adopting an appropriate resolution vesting the review powers and/or other duties set forth in this Chapter.
"Housing Services" means all services provided by a Mobilehome Park Owner related to the use or occupancy of a Mobilehome Space, including but not limited to, ORDINANCE NO. 1190

water and sewer, natural gas, electricity, refuse removal, management and administration, maintenance and repairs, recreation facilities (including pools), laundry facilities, storage space, parking (including one or more automobiles), security services, insurance and the payment of property taxes. The term "Housing Services" shall not include legal fees, mortgage payments, whether for principal, interest, or both, bonuses of any nature paid to Mobilehome Park employees, penalties, fees, damages, or interest assessed or awarded for violations of this Chapter or any other law, or any expenses for which the Mobilehome Park Owner has been reimbursed by any security deposit, insurance, settlement, judgment for damages, settlement, or any other method. "Mobilehome" means the definition set forth in California Civil Code section 798.3. "Mobilehome Park" means any area of land in the City of Pico Rivera where two or more Mobilehome Spaces are rented, or held out for rent, to accommodate Mobilehomes used as residences.
"Mobilehome Owner" means a person who owns a Mobilehome and is also renting a Mobilehome Space in a Mobilehome Park under a Rental Agreement with the Mobilehome Park Owner, or any other person entitled under the terms of a Rental Agreement to the use or occupancy of the Mobilehome, which may include the use of the Housing Services of the Mobilehome Park and any other amenities. “Mobilehome Park Rental Review Board” or Board means a five (5) member board who shall hear and determine rent adjustment Applications seeking either an adjustment for Capital Improvement expenditures incurred and/or for an adjustment to assure a Mobilehome Park Owner a “fair return” as constitutionally allowed by law, and determine whether to approve, modify or disapprove such a rent adjustment pursuant to the procedures set forth in the Ordinance.
"Mobilehome Residency Law" means California Civil Code sections 798 through 799.11.
"Mobilehome Space" means the site within a Mobilehome Park intended, designed, or used for the location or accommodation of a Mobilehome and any accessory structures or appurtenances attached thereto whether or not the Mobilehome Space is permitted pursuant to State or local law.
"Mobilehome Park Owner" means the owner, lessor, operator or manager of a Mobilehome Park in the City who receives, or is entitled to receive, Rent for the use and occupancy of any Mobilehome Space, and the agent, representative or successor of any of the foregoing.
"Rent" means consideration paid for the use or occupancy of a Mobilehome Space or for Housing Services provided, or both, but does not include any of the following, each of which shall be separately listed and identified in the Rental Agreement:
a. Any amount paid for renting the Mobilehome;
b. Security deposits;
c. User fees for services or facilities which may be utilized at the option of the Mobilehome Owners and are expressly not included as Rent in the Rental Agreement;
d. Utility charges for those Mobilehome Parks which bill the Mobilehome Owner separately, whether or not the Mobilehomes are individually metered; e. Any Rent discounts, incentives, concessions, or credits offered by the Mobilehome Park Owner; or
f. Any pass-through authorized pursuant to this Chapter.

ORDINANCE NO. 1190

"Rental Agreement" means a lease or other oral or written agreement between the Mobilehome Park Owner and Mobilehome Owner establishing the terms and conditions of the Tenancy.
"Service Reduction" means any decrease or diminution in the level of Housing Services provided by the Mobilehome Park on or after the effective date of this Chapter, including but not limited to, services the Mobilehome Park Owner is required to provide pursuant to:
a. California Civil Code section 1941 et. seq.;
b. The Mobilehome Residency Law;
c. The Mobilehome Parks Act, California Health and Safety Code section 18200 et seq.;
d. The Mobilehome Park Owner's implied warranty of habitability, which cannot be contractually excluded or waived;
e. A Rental Agreement between the Mobilehome Park Owner and the Mobilehome Owner;
f. The level of service as implied by the condition of improvements, fixtures, and equipment, and their availability for use by the Mobilehome Owner at the time of execution of the Rental Agreement with the Mobilehome Park Owner; and g. Applicable rules or regulations of the Mobilehome Park. "State" means the State of California.
"Tenancy" means the legal right of a Mobilehome Owner or any other occupant who took possession of the Mobilehome for the use or occupancy of the Mobilehome, to use a Mobilehome Space within a Mobilehome Park on which to locate, maintain, and occupy a Mobilehome, site improvements, and accessory structures for residence, including the use of the Housing Services and facilities of the Mobilehome Park, subject to the terms and conditions of the Rental Agreement and Mobilehome Residency Law.

9.48.030 Base Rent.

Except as hereinafter provided, a Mobilehome Park Owner shall not demand, accept, or retain Rent for a Mobilehome Space exceeding the Base Rent set forth in Section 9.48.020. Notwithstanding the foregoing, a Mobilehome Park Owner shall be permitted to adjust the Base Rent from the date set forth in Section 9.48.020 by the amount allowed in Section 9.48.040 (D).

9.48.040 Permitted Rent Increases for Mobilehome Spaces.

A. A Mobilehome Park Owner may impose an annual Rent increase for any Mobilehome Space, as allowed in this Section, only after providing at least ninety (90) days written notice to the Mobilehome Owner of the Rent increase pursuant to the California Civil Code section 798.30.

B. A Mobilehome Park Owner must initially register each Mobilehome Space by providing the Base Rent as of October 13, 2020, on a form approved by the Department.

ORDINANCE NO. 1190

C. A Mobilehome Park Owner may impose an annual Rent increase only upon completing the initial registration pursuant to Section 9.48.050, and in compliance with federal, state, and local laws and requirements.

D. Annual Rent increases shall be limited to the lesser of three percent (3%) or seventy-five percent (75%) of the percentage change in the CPI. “Change in the Consumer Price Index” will be calculated as using the change from January 31st of the prior year to January 31st of the current year in the United States Consumer Price Index for all Urban Consumers in the Los Angeles-Long Beach-Anaheim Metropolitan Area published by the Bureau of Labor Statistics.

E. Notwithstanding any provisions of the allowable Rent Increases set forth in Section H, I and J, below, only one permitted Rent Increase may be imposed upon a Mobilehome Owner or Mobilehome Space during any one twelve (12) month period.

F. Notice, Calculation, and Application of Allowable CPI Rent Increase.

1. Calculation of CPI Rent Increase. The allowable annual Rent increase shall be calculated by the Department.

2. Application of CPI Rent Increase. An Application for an allowable CPI Rent Increase pursuant to this Chapter shall be filed upon a form prescribed by the Department and shall be accompanied by the payment of a fee to be established by resolution of the City Council. The Application shall specify the address of the mobilehome park, the space number or numbers for which the allowable annual Rent Increase is requested, and the amount of the allowable annual Rent adjustment permitted under this Chapter. The Application will articulate any changes in tenancy and/or changes to Housing Services.

3. A determination of completeness shall be made by the Department within thirty (30) days of submission. Mobilehome Owners may review the Application in the Department and may also obtain copies of the Application upon payment of the City’s copying costs.

4. Unless waived by the Mobilehome Park Owner in writing, the Department Director shall, within thirty (30) days of the date that the Application is determined to be substantially complete, approve the rent increase as properly calculated under this Chapter. The determination of the Department of the allowable annual CPI Rent shall be final.

G. Rent Excess Paid.

1. In the event a Mobilehome Owner paid Rent in excess of that permitted by the Department, the Mobilehome Park Owner shall reimburse the Mobilehome Owner for the Rent overpayment.

2. The Mobilehome Park Owner may elect either:
a. Reimburse the Mobilehome Owner for the Rent overpayment through one lump sum payment, which must be paid by the time the next monthly obligation is due; or
ORDINANCE NO. 1190

b. Reimburse the Mobilehome Owner for the Rent overpayment over a six (6) month period in the form of a monthly credit towards Rent otherwise due from the Mobilehome Owner, to which the first credit must be applied at the time the next monthly obligation is due.

3. Reimbursement(s) for Overpayment Exceeds Rent Due. Where the reimbursement(s) due to the Mobilehome Owner exceeds the Rent due for the remainder of the Tenancy, the reimbursement(s) exceeding the Rent due shall be paid to the Mobilehome Owner as a lump sum payment within thirty (30) calendar days of the Department’s determination of a rent overpayment.

H. Rent Paid Following Vacancy of Mobilehome Space.

1. Following a vacancy a Mobilehome Park Owner may increase the Rent for the next Mobilehome Owner by the lesser of three percent (3%) or seventy-five percent (75%) of the percentage change in the CPI, as further provided in Section

9.48.040 (D), whenever either of the following events occur:
a. The termination of the Tenancy of the affected Mobilehome Owner in accordance with the Mobilehome Residency Law; or b. The voluntary, permanent removal of a Mobilehome by a Mobilehome Owner from a Mobilehome Space.
c. A removal of the Mobilehome from the Mobilehome Space due to fire, earthquake, or water damage, or for the purpose of upgrading the Mobilehome, shall not constitute a voluntary removal of the Mobilehome.

2. Upon the sale of a Mobilehome located in a Mobilehome Space where the Rental Agreement with the original Mobilehome Owner or resident has expired, a Mobilehome Park Owner may increase the Rent for that Mobilehome Space in an amount not to exceed the lesser of three percent (3%) or seventy-five percent (75%) of the percentage change in the CPI.

3. Rent increases following vacancy shall not be reduced by any previously approved pass-through fees or costs.

4.The Rent for purposes of calculating the initial Rent for the next Mobilehome Owner following vacancy of a Mobilehome Space, as further provided in paragraph section 9.48.040 (D), shall be the last rental rate charged for the Mobilehome Space under the previous Rental Agreement.

5. No Rent increase may be imposed following vacancy of a Mobilehome Space pursuant to this Section if a Rent increase was imposed within the twelve (12) month period preceding the proposed Rent increase.

I. Allowable Rent Following Expiration of an Exempt Lease or upon Sunset of Rent Stabilization Exemption. In the event a Mobilehome Space was previously exempt under a Rental Agreement pursuant to California Civil Code section 798.17, the Rent shall be rolled back to the lesser of (i) the cost as of October 13, 2020, in addition to the yearly increase of the lesser of three percent (3%) or seventy-five percent (75%) of the percentage change in the CPI, as further provided in paragraph section 9.48.040 (D), or (ii) the rent as of January 1, 2025.

J. Allowable Rent Increases upon “In-Place” Transfer of Mobilehome Ownership.

ORDINANCE NO. 1190

1. For Mobilehome Spaces subject to this Chapter, upon the Mobilehome Owner’s “in-place” sale, transfer, or other conveyance of a Mobilehome to a new Mobilehome Owner, the Mobilehome Park Owner may increase the Rent in an amount not to exceed three percent (3%) of the annual rent paid by the prior Mobilehome Owner or seventy-five percent (75%) of the percentage change in the CPI.

2. No Rent increase under an existing Rental Agreement subject to this Chapter may be imposed pursuant to this Section when:
a. An existing Mobilehome Owner or resident replaces an existing Mobilehome with another Mobilehome, and occupies the same Mobilehome Space under an existing Rental Agreement subject to the provisions of this Chapter; b. Title to the Mobilehome passes to one or more persons who, at the time of the title transfer, (i) is a lawful, authorized resident of the Mobilehome, or (ii) is a spouse, registered domestic partner, child, grandchild under 18 years of age, parent, or grandparent of the Mobilehome Owner, and the Mobilehome remains in the same Mobilehome Space; or
c. A Rent increase was imposed pursuant to this Section within the twelve (12) month period preceding the proposed Rent increase.

K. Mobilehome Owner’s Right of Refusal. A Mobilehome Owner may refuse to pay a Rent increase which is in violation of this Chapter. Such refusal to pay more than the permitted amount shall be a defense in any action brought to recover possession of a Mobilehome Space or to collect the Rent increase.

L. Rent Banking. A Mobilehome Park Owner who does not impose an annual Rent increase or a portion of the permitted annual Rent increase in any twelve (12) month period, as provided in this Section, waives the annual Rent increase or the remaining portion of the permitted annual Rent increase, for the remainder of the Tenancy.

M. Exemptions. The following are exempt from this Section:

1. Mobilehome Spaces that meet the exemption requirements of the Mobilehome Residency Law or are otherwise expressly exempt under State or federal law.

2. Newly constructed Mobilehome Spaces, for a period of 15 years from the date upon which 50 percent (50%) of the spaces in the Mobilehome Park are initially held for rent measured from the date of issuance of a permit or certificate of occupancy for that space, per California Civil Code section 798.45.

3. Mobilehome Spaces used or rented for non-residential uses.

4. Mobilehome Spaces owned, managed, or operated by a government agency.

9.48.050 Initial Rental Registration.

A. Registration of Housing Services. When registering each Mobilehome Space, the Department requires a Mobilehome Park Owner to register all Housing Services available to the Mobilehome Owners.

B. Registration must include, but is not limited to, the following information:

ORDINANCE NO. 1190

1. Rent for each Mobilehome Space in the Mobilehome Park and the date of the last Rent increase for the Mobilehome Space. a. If a Mobilehome Space is not the site of any Tenancy at the time of registration, include the most recent Rent for that Mobilehome Space.

2. The name, business address, and telephone number of each Mobilehome Park Owner in the Mobilehome Park and the nature of such ownership interest.

3. The number of Mobilehome Spaces in the Mobilehome Park.

4. The name and mailing address of each Mobilehome Owner.

5. A map of the Mobilehome Park.

6. Move-in and vacancy dates for each Mobilehome Owner.

7. A description of Housing Services provided by the Mobilehome Park

8. The date each Mobilehome Space was first offered for rent.

9. The term of each Rental Agreement.

10. The rules and regulations of the Mobilehome Park.

9.48.060 Mobilehome Owner Rental Agreement.

A. A Mobilehome Owner shall be offered a Rental Agreement for: (1) a term of twelve (12) months, or (2) a lesser period as the Mobilehome Owner may request, or (3) a longer period as mutually agreed upon by both the Mobilehome Owner and the Mobilehome Park Owner or its management.

B. Rental Agreements executed between a Mobilehome Park Owner and a Mobilehome Owner shall follow the requirements and procedures set forth in the California Mobilehome Residency Law and this Chapter.

C. No Rental Agreement for a Mobilehome Space shall contain a provision by which the Mobilehome Owner waives his or her rights under the provisions of the California Mobilehome Residency Law. Any such waiver shall be deemed contrary to public policy and void.

D. Neither a Mobilehome Owner nor a prospective Mobilehome Owner shall be required to sign a Rental Agreement that is exempt from or that does not comply with the provisions of this Chapter.

E. A Mobilehome Park Owner shall include language in the Rental Agreement that a Mobilehome Owner may be subject to pass-through costs that have been reviewed and approved by the Board.

F. A prospective Mobilehome Owner who has not moved into the Mobilehome Space may cancel a Rental Agreement by notifying the Mobilehome Park Owner or its management in writing of the cancellation within seventy-two (72) hours of the execution of the Rental Agreement.

9.48.070 Notice to Mobilehome Owners.

A. Mandatory Notices to Mobilehome Owners. Mobilehome Park Owners must provide to each Mobilehome Owner, prior to, or at the time of agreeing to Rent a ORDINANCE NO. 1190

Mobilehome Space, a notice of Mobilehome Owner's rights under this Chapter and a copy of the Mobilehome Residency Law. The Department shall publish a form notice of Mobilehome Owner's rights in English and other frequently spoken languages. A Mobilehome Park Owner must provide the form notice in the following circumstances:

1. When entering into a Rental Agreement, by including a copy of the form notice as an exhibit or attachment to the written Rental Agreement;

2. When renewing a Rental Agreement; and

3. When providing a notice of a Rent increase or decrease or a Service Reduction.

B. If the Rental Agreement is negotiated or written in a language other than English, the Mobilehome Park Owner must also provide the form notice of Mobilehome Owner's rights in English and the language in which the Rental Agreement was negotiated or written.

C. Posting on Property. A Mobilehome Park Owner must post a copy of the form notice of Mobilehome Owner's rights, as published by the Department, in an on- site management office or in an accessible area of the Mobilehome Park.

9.48.080 Fair and Reasonable Return Application
A. Right of the Mobilehome Park Owner to Request Fair Return Increase. In the event a rent increase as set forth in Section 9.48.040 does not provide the Mobilehome Park Owner with a Fair and Reasonable Return, the Mobilehome Park Owner may request an increase more than said amounts by filing an Application for rent adjustment in order to obtain a fair return, in accordance with the provisions of Sections 9.48.080, 9.48.090 and 9.48.120. A Mobilehome Park Owner shall have the burden to prove the necessity of any additional rent increase necessary to earn a Fair and Reasonable Return.

B. A Mobilehome Park Owner must initially register each Mobilehome Space pursuant to Section 9.48.050 by providing the Base Rent as of October 13, 2020, on a form as approved by the Department prior to submitting a Fair and Reasonable Return Application.

C. Presumption of Fair Return. For the purposes of determining the rent adjustment necessary to provide the Mobilehome Park Owner with a Fair and Reasonable Return, it shall be presumed that the net operating income, as described below, received by the Mobilehome Park Owner in the Base Year, provided the Mobilehome Park Owner with a Fair and Reasonable Return.

D. Maintenance of Net Operating Income (“MNOI”) Analysis. The MNOI analysis compares the net operating income level expected from the last rent increase granted to a park owner and prior to any pending rent increase application to the net operating income demonstrated in any pending rent increase application. An MNOI analysis is a method used to determine a constitutional fair return by evaluating the rent increase to the prior rent increase, with appropriate adjustments to the CPI, and is a methodology approved by the courts in which changes in debt service expenses are not considered.

E. Base Year and Current Year.

ORDINANCE NO. 1190

1. "Current year" is the most recently completed calendar year ending on December 31st.

2. "Initial base year" means the 2019 calendar year, which is the fully complete year preceding the initial registration on October 13, 2020.

3. “Base year” means the calendar year that was considered the current year in the Application last approved by the Board.

F. Calculation of Net Operating Income

1. Net operating income. Net operating income shall be calculated by subtracting operating expenses from gross income.

2. Gross Income
a. Gross income equals the following:
(i). Gross space rents, computed as gross space rental
income at one hundred (100) percent occupancy; plus
(ii). Other income generated because of the operation of the park, including but not limited to laundry and recreational vehicle storage; minus (iii). Uncollected space rents due to vacancy and bad
debts to the extent that the same are beyond the park owner's control. Uncollected space rents more than three (3) percent of gross space rents shall be presumed to be unreasonable unless established otherwise and shall not be included in computing gross income. Where uncollected space rents must be estimated, the average of the preceding three (3) years' experience shall be used, or some other comparable method.
b. Gross income shall not include:
(i). Charges for sub-metered gas and electricity utilities, which are covered by the California Public Utilities Commission rate differential for maintenance and Capital Improvements.
(ii). Charges for water, refuse disposal, sewer service, and/or other services, which are either provided and charged to mobile home residents solely on a cost pass-through basis and or regulated by state or local law. (iii). Any amount paid for the use and occupancy of a
mobile home unit (as opposed to an amount paid for the use and occupancy of a mobile home space).

3. Operating Expenses
a. Operating expenses shall include the following:
(i). Any reasonable cost of operation and maintenance
associated with a mobilehome park. Whenever a particular expense exceeds the normal industry or other comparable standard, the park owner shall bear the burden of proving the reasonableness of the expense. To the extent that the Board finds any such expense to be unreasonable, the Board shall adjust the expense to reflect the normal industry or other comparable standard.
(ii). Normal repair and maintenance expenses for the
grounds and common facilities, including but not limited to landscaping, cleaning, repair of equipment and facilities.
(iii). Insurance premiums prorated over the life of the policy. (iv). Management Expenses. Fees paid to management
ORDINANCE NO. 1190

companies not more than 6% of the net income are allowable. Costs incurred for resident managers, inclusive of related housing costs if paid by the Mobilehome Park Owner, are allowable in addition offsite management expenses so long as there is no evidence of duplication of service and the combined cost does not exceed 6% of the net income. (v). Utility Cost. Utility cost except utility where the consideration of income associated with provision of the utility service is regulated by state law and consideration of the cost associated with the provision of the utility service is preempted by state law.
(vi). Real Property Taxes. Property taxes are an allowable expense, subject to the limitation that property taxes attributable to an assessment in a year other than the base year or current year shall not be considered in calculating base year and/or current year operating expenses.
(vii). License and Registration Fees. License and
registration fees required by law to the extent that these expenses are not otherwise paid or reimbursed by tenants.
(viii). Other taxes, fees and permits.
(ix). Mobilehome Park Owner - Performed Labor.

Mobilehome Park Owner -performed labor compensated at reasonable hourly rates. (a) No Mobilehome Park Owner -performed labor shall be
included as an operating expense unless the Mobilehome Park Owner submits documentation showing the date, time, and nature of the work performed. (b) There shall be a maximum allowed under this
provision of five percent of gross income unless the Mobilehome Park Owner shows greater services were performed for the benefit of the residents. (x). Legal Expenses. Attorneys' fees and costs incurred in connection with successful good faith attempts to recover rents owing, successful good faith unlawful detainer actions not in derogation of applicable law, and legal expenses necessarily incurred in dealings with respect to the normal operation of the park to the extent such expenses are not recovered from adverse or other parties. b. Exclusions from Operating Expenses. Operating expenses shall not include the following:
(i). Mortgage principal or interest payments or other debt service costs.
(ii). Any penalties, fees or interest assessed or awarded for violation of any provision of this Chapter or of any other provision of law. (iii). Land lease expenses.
(iv). Political contributions and payments to organizations which are substantially devoted to legislative lobbying purposes. (v). Depreciation.
(vi). Any expenses for which the Mobilehome Park Owner
has been reimbursed by any utility rebate or discount, security deposit, insurance settlement, judgment for damages, settlement or any other method or device. (vii). Unreasonable increases in expenses since the base year.
(viii). Expenses associated with the provision of mastermetered gas and electricity services.

ORDINANCE NO. 1190

(ix). Expenses which are attributable to unreasonable
delays in performing necessary maintenance or repair work or the failure to complete necessary replacements (e.g., a roof replacement may be a reasonable expense, but if water damage occurred as a result of unreasonable delays in repairing or replacing the roof, it would not be reasonable to pass through the cost of repairing the water damage). (x). Expenses incurred by a Mobilehome Park Owner to
prepare, file, or pursue a Fair and Reasonable Return Application are not an allowable operating expense and may not be passed onto the Mobilehome Owner. Such fees and costs include, but are not limited to, attorney fees or other similar professional services costs.
c. Adjustments of Operating Expenses. Base year and/or current operating expenses may be averaged with other expense levels for other years or amortized or adjusted by the CPI or may otherwise be adjusted, in order to establish an expense amount for that item which most reasonably serves the objectives of obtaining a reasonable comparison of base year and current year expenses. Grounds for such adjustments include, but are not limited to:
(i). An expense item for a particular year is not representative; (ii). The base year expense is not a reasonable projection of average past expenditures for that item in the years immediately preceding or following the base year;
(iii). The current year expense is not a reasonable projection of expenditures for that item in recent years or of future expenditures for that item; (iv). A particular expense exceeds the normal industry or other comparable standard for the area, the park owner shall bear the burden of proving the reasonableness of the expense. To the extent that it is found that the expense is unreasonable it may be adjusted to reflect the normal industry standard; (v). A base year expense is exceptionally low by industry standards and/or on an inflation adjusted basis is exceptionally low relative to current year expenses although the level or type of service has not changed significantly; (vi). An increase in maintenance or management expenses is disproportionate to the percentage increase in the CPI, while the level of services has not changed significantly and/or is not justified by special circumstances.

G. Per Space Rent Adjustment pursuant to Fair Return Standard. The allowable rent increase per mobilehome park space pursuant to this section shall not be increased as a result of the fact that there are exempt spaces in the park.

H. Assurance of a Fair Return. It shall be presumed that the MNOI standard provides a fair return. Nothing in this Chapter shall preclude the Board from granting an increase that is necessary in order to meet constitutional fair return requirements.

9.48.090 Submission of Mobilehome Park Owner Fair and Reasonable Return Application
A. Application Submission Deadline. A Mobilehome Park Owner may submit an application for a rent increase in order to obtain a fair return. No Application for a fair return rent adjustment may be filed pursuant to this Chapter until thirty days ORDINANCE NO. 1190

after this Chapter goes into effect. Applications must be filed with the Department within six (6) months of the end of the calendar year.

B. Limit on Frequency of Application. Only one Application pursuant to this Section may be filed for a mobilehome park within a twelve (12) month period. If a CPI Rent increase is approved within the same twelve (12) month period a Fair and Reasonable Return Application is approved, the approved fair return rent increase will be net of the CPI approved increase allowed under Section 9.48.040.

C. Submission of Application.

1. Application Form Required. Such Application shall be on a form prescribed by the Department.

2. Application Fee. Mobilehome Park Owner may apply for fair and reasonable Rent increase only upon completing the initial registration pursuant to Section 9.48.050 and paying the required Application fee pursuant to Section 9.48.120, and in compliance with federal, State, and local laws and requirements.

3. Cost of Expert Analysis. Upon the receipt and review of a fair return Application, the Department may determine if the employment of experts will be necessary or appropriate for a proper analysis of the applicant's Application. If the Department so determines, the Department shall also determine the anticipated cost of employing any such experts. The resulting figure shall be communicated to the applicant. The Application shall not be further processed until the applicant has paid to the Department the estimated cost of expert analysis. Any unused portion for payments so collected shall be refunded to the applicant.

4. Contents of Application Form. The form may require any information deemed relevant by the Board. The form shall include, but not be limited to:
a. A list of the names and addresses of all mobilehome park tenants subject to the rent increase.
b. A statement of the date the rent increase is proposed to be effective.
c. The rent for each space in the park in the base year, the current year, and the three (3) prior years.
d. An income and expense statement for the base year, the current year, and the three years prior to the current year. e. Evidence documenting the income and expenses claimed by the Mobilehome Park Owner.
f. All other documentation and opinion testimony upon which the Mobilehome Park Owner is relying to justify the rent increase. g. Other information as required by the Procedures and
Guidelines in accordance with Section 9.48.120 and 9.48.150.

9.48.100 Pass-Through Capital Improvement Cost Recovery.

A. Pursuant to this Section, a Mobilehome Park Owner may file an application with the Department, on a form approved by the Department, to pass- through Capital Improvement costs to affected Mobilehome Owners in Mobilehome Spaces. Such application may include a request to exceed any prescribed limitations described in ORDINANCE NO. 1190

Section 9.48.040 if necessary for the Mobilehome Park Owner to pass- through Capital Improvement costs.

B. A Mobilehome Park Owner may not pass-through Capital Improvement costs to Mobilehome Owners until the Department approves the Mobilehome Park Owner's application, the Mobilehome Park Owner registers each Mobilehome Space pursuant to Section 9.48.050 and is in compliance with federal, State, or local law requirements. The approved pass-through Capital Improvement costs should appear as a separate line item on the Rent statement along with the end date of the amortization period and any remaining pass-through balance. An approved pass-through cost is not considered Rent.

1. A Mobilehome Park Owner must cease collecting the pass-through Capital Improvement cost when the Mobilehome Park Owner recovers the costs permitted by the Department.

2. In the event a Mobilehome Owner paid pass-through Capital Improvement costs more than that permitted by the Department or beyond the date of expiration of the pass-through, the Mobilehome Park Owner shall reimburse the Mobilehome Owner for the pass-through overpayment.
a. The Mobilehome Park Owner may elect to either:
(i) Reimburse the Mobilehome Owner for the pass-through overpayment through one lump sum payment, which must be paid by the time the next monthly obligation is due; or
(ii) Reimburse the Mobilehome Owner for the pass-through overpayment over a six (6) month period in the form of a monthly credit towards any monthly obligation(s) due from the Mobilehome Owner, to which the first credit must be applied at the time the next monthly obligation is due. b. Reimbursement(s) for Overpayment Exceeds Monthly
Obligation(s) Due. Where the reimbursement(s) due to the Mobilehome Owner exceeds the total monthly obligation(s) due for the remainder of the Tenancy, the reimbursement exceeding the monthly obligation(s) shall be immediately paid to the Mobilehome Owner as a lump sum payment.

C. Interest Allowance for Expenses that Are Amortized. An interest allowance shall be allowed on the cost of amortized expenses; the allowance shall be the interest rate equal to the "average rate" for thirty (30) year fixed rate on home mortgages. The "average rate" shall be the rate Freddie Mac last published in its weekly Primary Mortgage Market Survey (PMMS) as of the date of the initial submission of the Application. If this rate is no longer published, the index which is most comparable to the PMMS index shall be used.

D. Pursuant to this Section, no Capital Improvement cost pass-through shall increase monthly Rent over ten percent (10%), unless due to extenuating circumstances and approved by the Board.

E. Capital Improvement Cost Pass-Through. A Mobilehome Park Owner may recover up to fifty percent (50%) of a Capital Improvements cost from existing Mobilehome Owners if the Capital Improvement is in accordance with the procedures and guidelines and with this Chapter.

ORDINANCE NO. 1190

1. Capital Improvement must be for the primary benefit, use and enjoyment of Mobilehome Owners, cost-factored, and amortized over a useful life of at least five (5) years, and permanently fixed in place or relatively immobile and appropriate to the use of the Mobilehome Park.

2. Capital Improvements do not include the following:
a. Normal routine maintenance and repair, including, but not limited to routine maintenance or repair of a street or driveway. b. Costs of maintenance and repair, as opposed to replacement. c. Costs of replacement if the replacement was necessary because of the Mobilehome Park Owner's failure to carry out said maintenance responsibilities, as determined by the Department.
d. Costs to maintain physical improvements in the common facilities in good working order and condition, including pursuant to California Civil Code section 798.15.
e. Additions or replacements made to bring the Mobilehome Park into compliance with a provision of the State or local law if the Mobilehome Space has not been in compliance with said provision from the time of its original construction or installation and such provision was in effect at the time of such construction or installation.
f. Coin-operated improvements or improvements for which a "use fee" or other charge is imposed on Mobilehome Owners for their use.

9.48.110 Submission of Mobilehome Park Owner Capital Improvement Application A. Application for Recovery of Pass-Through Capital Improvement Costs. A Mobilehome Park Owner must submit an Application for Recovery of Pass-Through Capital Improvement Costs, on a form approved by the Department, within one (1) year of completion of the Capital Improvement.

B. Contents of Application Form. Said Application must be in compliance with the procedures and guidelines, contain the following information, and be accompanied by copies of relevant supporting documentation:

1. A description of the completed Capital Improvement;

2. A copy of all estimates, contracts, bills, invoices, canceled checks and other documentation reasonably necessary to establish the cost of the Capital Improvement and the cost of financing the Capital Improvement;

3. The proposed amortization period to be used based on the procedures and guidelines, if the period differs from one hundred twenty (120) months;

4. A list of the Mobilehome Owners that will be affected by or benefit from the Capital Improvement;

5. The formula used to calculate the pro rata share of each Mobilehome Owner; Owner; Improvement;

6. The monthly cost to each affected or benefiting Mobilehome;

7. The commencement and completion dates of the Capital; and

8. Such other information as may be requested.

9.48.120. Procedures for Permitted Rent Increases upon Applications Approved by ORDINANCE NO. 1190

the Board
A. A Mobilehome Park Owner seeking a Rent adjustment or a Capital Improvement pass-through pursuant to sections 9.48.080 and 9.48.100 may file with the Department an Application for one (1) or more mobilehome spaces for approval by the Board pursuant to this Chapter.

B. An Application pursuant to this Chapter shall be filed upon a form prescribed by the Department and shall be accompanied by the payment of a fee to be established by resolution of the City Council. Supporting documentation shall be filed with the Application and the Mobilehome Park Owner shall produce at the request of the Department any records, receipts, reports, or other documents that the Department may deem necessary for the Board to make its determination concerning the Application. The Application shall be made under penalty of perjury and supporting documents shall be certified or verified as requested by the Department.

C. An Application accompanied by the required fee shall be accepted and lodged by the Department but shall not be filed until it is substantially complete, and the time periods provided by this Chapter for processing the Application shall not begin to run until an Application is substantially complete and filed. The Department shall determine within thirty (30) days after the receipt of an Application whether said Application is complete. If the Department determines that an Application is not complete, it shall so notify the Mobilehome Park Owner in writing and the notice shall state what additional information is required to complete the Application. An application which is substantially complete but lacks documentation to support certain claims can be processed for hearing, but any claimed expenses lacking adequate documentation shall not be allowed as operating expenses. Any Application which has not been substantially completed within six (6) months of its submission to the Department shall be returned to the Mobilehome Park Owner. Thereafter, a new Application and fee shall be required if the Mobilehome Park Owner wishes to apply for a rent increase.

D. Upon receipt of an Application, the Department shall mail a notice to the affected Mobilehome Owners informing them that an Application has been lodged and is being reviewed for completeness. The notice shall also state the amount of the increase being sought. Mobilehome Owners may review the Application in the Department and may also obtain copies of the Application upon payment of the City’s copying costs. Upon determining that the Application is substantially complete, the Department shall mail a notice to the Mobilehome Park Owner stating that the Application is substantially complete and has been filed. At the same time, the Department shall mail a notice to the affected Mobilehome Owners stating that the Application is substantially complete and informing them of the amount of the rent increase sought and that they have until fourteen (14) days prior to the hearing on the Application to submit written statements, photographs, documents, or other evidence relating to the Application, to the Department for Board consideration. All materials submitted by a Mobilehome Park Owner, Mobilehome Owner or any other interested party are public records, may be inspected and may be copied upon payment of the ORDINANCE NO. 1190

City’s copying costs.

E. Examination and Inspection. The Department shall be permitted by a Mobilehome Park Owner, during reasonable business hours, to visit the Mobilehome Park and confirm if a Capital Improvement was completed and that the Capital Improvement cost amount is justified. Similarly, the Department shall be permitted to examine the condition of the Mobilehome Park and Housing Services as part of a Fair and Reasonable Return Application.

F. The Board shall hold a public hearing on an Application no earlier than sixty (60) days and no later than (90) days of the date that the Application is determined to be substantially complete. Notice of the time, date and place of the hearing shall be mailed to the Mobilehome Park Owner and affected Mobilehome Owners at least fifteen (15) days prior to the hearing date. The staff report on an Application shall be provided to Board Members, and made available to the Mobilehome Park Owners, the Mobilehome Owners and their designated representatives, if any, at least seven (7) days prior to the hearing.

G. At the public hearing, the Mobilehome Park Owner, affected Mobilehome Owners, their representatives and any interested person may offer any testimony that is relevant to the Application. They may offer documents, written declarations, photographs or other written or documentary evidence for the first time at the hearing only if good cause is shown why such evidence could not, with reasonable diligence, have been filed with the Department fourteen (14) days prior to the hearing. Board Members and Alternates may testify at a hearing on a rent increase Application only when they have recused themselves and the Application involves a park in which they reside, have a financial interest or manage, or in which a parent, grandparent or siblings of the Board Member or Alternate resides.

1. All persons testifying at the hearing shall be sworn under penalty of perjury. Formal rules of evidence shall not be applicable to the hearing.

H. The Board may approve the increase requested, approve a modified increase or deny the Application and shall adopt a written resolution setting forth its findings and decision no later than fifteen days (15) days after the public hearing on an Application.

I. Notice of the Board’s determination on an Application shall be mailed to the Mobilehome Park Owner and all affected Mobilehome Owners at the Mobilehome Spaces designated in the Application.

J. The time in which the Board must open the hearing on an Application and the time in which the Board must make any final decision may be extended with the consent of the Mobilehome Park Owner and may be extended without the consent of the Mobilehome Park Owner if the need for the extension is caused by the conduct of the Mobilehome Park Owner. In the event the Board is unable to make its decision within the time limits set forth in this Chapter, including any extensions of time consented to by the Board’s inability to make a timely decision is not due to the conduct of the Mobilehome Park Owner, or some cause beyond the Board’s control, such as, but not limited to, fire, earthquake or flood, the Board shall at the time it grants any rent increase based on this ORDINANCE NO. 1190

Section, grant a temporary additional rent increase to the Mobilehome Park Owner to compensate for the difference between the rental income received between the time when an increase should have been granted pursuant to the time limits set forth in this Chapter and the rental income that would have been received if the increase had been timely granted.

K. The determination of the Board shall be final.

9.48.130 Mobilehome Park Rental Review Board.

A. The Mobilehome Park Rental Review Board (“Board”) is hereby established and shall consist of five (5) members. In order to provide varied and balanced backgrounds, one (1) member shall be a Mobilehome Owner, one (1) member shall be a Mobilehome Park Owner and three (3) members shall be At Large Members, who shall be residents of the City who are not Mobilehome Owners, Mobilehome Park Owners, property managers or tenants in multifamily housing. There shall also be five (5) Alternate Members; one (1) Alternate shall be a Mobilehome Owner, one (1) Alternate shall be a Mobilehome Park Owner and three (3) Alternates shall be At Large. The terms of the Board Members shall be two (2) years and a Board Member shall continue to serve until a successor has been appointed. The terms of the Board Members appointed following adoption of the ordinance codified in this Chapter shall expire two (2) years after their respective appointment dates.

All Board Members and Alternate Board Members shall be appointed in the manner set forth by resolution of the City Council and shall serve at the will of the City Council. The tenure of any Board Member and Alternate shall be terminable at will, and without cause, on the motion of any member of the Council, duly seconded, and with the approval of a majority of the entire City Council present. If a vacancy occurs in a Board Member or Alternate Board Member position, an appointment shall be made in the manner set forth by resolution of the City Council. Each Board Member or Alternate shall continue to serve until a successor has been appointed and has qualified unless the City Council declares the position to be vacant. All appointments shall be made in an open meeting of the City Council.

An Alternate shall serve on the Board in the absence of a Board Member. The Alternate to be called first, if available, shall have the same qualification as to home ownership or park ownership as the absent Board Member. If the Alternate Member with the same qualifications as the absent Member should be unavailable, an At Large Alternate shall be called on to serve in place of the absent Member. A Mobilehome Owner Alternate shall not serve in place of a Mobilehome Park Owner Member and a Mobilehome Park Owner Alternate shall not serve in place of a Mobilehome Owner Member.

B. If a member of the Board is absent from three (3) successive regular meetings without being excused by the Board or is absent for any reason for more than six (6) regular meetings in any twelve (12) month period, the office of such member shall be vacated and the Chair shall immediately notify the City Manager, who shall notify the City Council that said office is vacant. Upon such notification, a successor for the remainder of the term of such member shall be appointed in the manner set forth by resolution of the City Council with the approval of a majority of the entire City Council present.

ORDINANCE NO. 1190

C. The Board shall establish the time of any hearings or meetings held pursuant to this Chapter and such hearings or meetings shall be held in the City Hall as often as the Board determines to be necessary to discharge its duties hereunder.

D. The Board shall elect one (1) of its members as the Chair and one (1) as Chair Pro Tem and said election shall be held as soon as practicable after each new term commences or new appointments are made to the majority of the Board Member positions.

Three (3) Board Members, counting any Alternate serving in the absence of a Board Member, shall constitute a quorum. The decisions of the Board shall be made by a majority vote, provided however, that if there are not an equal number of Mobilehome Owner Members and Mobilehome Park Owner Members, then a two-thirds (2/3) vote, and in no case less than three (3) affirmative votes, shall be required to reach a decision on a rent increase or rent adjustment Application.

E. The duties and responsibilities of the Board shall include the following:

1. The Board shall make any recommendations to the City Council the Board deems appropriate regarding the implementation and enforcement of the provisions of this Chapter.

2. The Board shall hear and determine rent adjustment Applications seeking either an adjustment for Capital Improvement expenditures incurred and/or for an adjustment to assure a Mobilehome Park Owner a “fair return” as that term is defined by law, and determine whether to approve, modify or disapprove such a rent adjustment pursuant to the procedures set forth in this Chapter.

3. The Board shall implement Sections 65863.7-65863.8 and 66427.4- 66427.5 of the California Government Code which address Mobilehome Park closures, conversions and change of use pursuant to the procedures set for in Section 9.48.190.

4. Each Board Member or Alternate of the Mobilehome Park Rental Review Board shall receive compensation, at a rate to be established by resolution of the City Council, for each meeting of the Mobilehome Park Rental Review Board attended by such Board Member or Alternate.

9.48.140 Retaliatory Eviction and Anti-Harassment.

A. No Mobilehome Park Owner, or any person acting as a principal or agent, offering a Mobilehome Space for Rent, or any contractor, subcontractor or employee of the Mobilehome Park Owner may retaliate against a Mobilehome Owner for the Mobilehome Owner’s assertion or exercise of rights under this Chapter in any manner, including but not limited to:

1. Threatening to bring or bringing an action to recover possession of a Mobilehome Space;

2. Engaging in any form of harassment that causes a Mobilehome Owner to quit the Mobilehome Space;

3. Preventing a prospective Mobilehome Owner from freely exercising his or her legal options to choose a month-to-month Rental Agreement;

4. Decreasing Housing Services;

5. Increasing the Mobilehome Space Rent; or
ORDINANCE NO. 1190

6. Imposing or increasing a security deposit or any other charge payable by a Mobilehome Owner.

B. Mobilehome Owners have a right to organize an association without hindrance from the Mobilehome Park Owner to exercise the rights provided under the provisions of this Chapter.

C. In any action brought to recover possession of a Mobilehome space by a Mobilehome Park Owner, the court may consider, as grounds for judgment in favor of the Mobilehome Owner, any violation of any provision of this Chapter by the Mobilehome Park Owner.

D. A determination that the action brought to recover possession of a Mobilehome Space was brought in retaliation for the exercise of any rights conferred by this Chapter shall be grounds for judgment in favor of the Mobilehome Owner.

E. Remedies and Penalties. For purposes of this Section:

1. If any Mobilehome Park Owner or any person, acting as a principal or agent, offering a Mobilehome Space for rent, or any contractor, subcontractor, or employee of the Mobilehome Park Owner violates the terms of this Section, an aggrieved Mobilehome Owner may institute a civil action, as allowed under Section 9.48.150 (Remedies), for injunctive relief, direct money damages, and any other relief that the court deems appropriate. Such relief shall include a civil penalty of no less than Two Thousand Dollars ($2,000), and no more than Five Thousand Dollars ($5,000), per violation, at the discretion of the court. If the aggrieved Mobilehome Owner is older than sixty-two (62) or disable, the court may award an additional civil penalty of up to Five Thousand Dollars ($5,000) per violation, at the discretion of the court.

2. The above remedies are not exclusive and do not preclude any Mobilehome Owner from seeking other remedies or penalties provided by applicable law.

No administrative remedy need be exhausted prior to filing suit pursuant to this Section.

9.48.150 Procedures and Guidelines.

The Director of the Department, or designee, may develop and publish procedures and guidelines to aid in the implementation of this Chapter.

9.48.160 Enforcement.

The Department is authorized to take all appropriate steps it deems necessary to enforce this Chapter.

9.48.170 Administrative Fines.

A. Administrative Fines. Any Mobilehome Park Owner or Mobilehome Owner who violated any provision of this Chapter, or Department’s procedures and guidelines is subject to an administrative fine not to exceed One Thousand Dollars ($1,000).

ORDINANCE NO. 1190

B. Remedies are Cumulative. Each day that a violation continues shall constitute a separate and distinct offense. The remedies set forth in this Section are cumulative and in addition to any other penalty provided by law, including any remedies which may be sought in a civil action. The provisions of this Chapter shall not be construed as limiting any party's right to obtain relief to which he or she may be entitled at law or in equity.

C. Notices of Violation and Administrative Fine. If the Department determines that a Mobilehome Park Owner or Mobilehome Owner has violated this Chapter, or Department's procedures and guidelines, the Department may issue Notices of Violation and Administrative Fine.

9.48.180 Remedies.

A. Civil Liabilities. Any Mobilehome Owner or any other person or entity acting on behalf of the Mobilehome Owner who will fairly and adequately represent Mobilehome Owner’s interest, including the City, is authorized to bring a civil action and/or proceeding in a court of competent jurisdiction for violation of this Chapter for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorney’s fees and costs, and may take such other steps as necessary to enforce this Chapter.

The court may award reasonable attorney’s fees and costs to a Mobilehome Park Owner who prevails in any such action if the court determines that the Mobilehome Owner’s action was frivolous.

B. Code of Civil Procedure Section 1094.6 is applicable to decisions of the Mobilehome Park Rental Review Board granting or denying rent increase applications and no legal challenge to any such decision of the Board may be brought unless it is filed within ninety (90) days of the Board’s final decision, as set forth in its written resolution making findings. The Board’s resolution granting or denying the increase shall state that the time within which judicial review must be sought governed by Code of Civil Procedure Section 1094.6 and a copy of the resolution, including a certificate of mailing, shall be sent to the applicant, and to a representative of the residents of the affected mobilehome park, if one has been designated, by first class mail.

C. Civil Penalty. Any person violating any of the provisions or failing to comply with any of the requirements of this Chapter, may be liable for a civil penalty, not to exceed One Thousand Dollars ($1,000) for each violation, except as allowed in Section

9.48.170.

D. Criminal Penalty. Any person violating any of the provisions or failing to comply with any of the requirements of this Chapter, shall be guilty of a misdemeanor and punished by a fine of not more than One Thousand Dollars ($1,000), or by imprisonment for a period of not more than six (6) months, or by both.

E. Each violation of any provision of this Chapter, and each day during which any such violation is committed, permitted or continues, shall constitute a separate offense.

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F. The above remedies are not exclusive and do not preclude the City or any Mobilehome Owner from seeking other remedies or penalties provided by applicable law.

9.48.190 Mobilehome Park Closure, Conversion or Change of Use – Relocation Impact Reports.

A. Statement of Purpose. The purpose of this Section is to implement Sections 65863.7-65863.8 and 66427.4-66427.5 of the California Government Code, which require a person or entity proposing to convert, close or cease the use of a Mobilehome Park to address the impact on the Mobilehome Owners to be displaced, and, where required, to take steps to mitigate the adverse impacts on the Mobilehome Owners.

B. Definitions. For purposes of this Section, the following definitions shall apply in addition to the definitions set forth in Section 9.48.020.

1. "Applicant" means any person or entity seeking approval of a Mobilehome Park Closure, Conversion or Change of Use, or a Mobilehome Park Owner whose Mobilehome Park has been determined to be undergoing conversion due to reduced occupancy.

2. "Closure, Conversion or Change of Use" means changing the use of a Mobilehome Park such that it no longer contains occupied Mobilehomes, as described in and regulated by California Government Code section 66427.4. a. A "Closure" includes ceasing to Rent Mobilehome Spaces for human habitation and displacement of Residents, or when 25 percent or more of the Mobilehome Spaces within a Mobilehome Park become vacant. b. "Conversion" means the conversion of a Mobilehome Park composed of rental spaces to a condominium or common interest development, as described in and/or regulated by California Government Code section 66427.5 and/or section 66428.1.
c. "Change of Use" has the meaning set forth in California Civil Code section 798.10 and means the use of the Mobilehome Park for a purpose other than the rental, or the holding out for Rent, of two or more Mobilehome Spaces to accommodate Mobilehomes used for human habitation, and does not mean the adoption, amendment or repeal of a Mobilehome Park rule or regulation. A "Change of Use" may affect an entire Mobilehome Park or any portion thereof, and includes, but is not limited to, a change of the Mobilehome Park or any portion thereof to a condominium, stock cooperative, planned unit development or any form of ownership wherein Mobilehome Spaces within the Mobilehome Park are to be sold.

3. "Comparable Housing" means housing that meets the minimum standards of the California Building Code, and that is similar to the subject Mobilehome in term of rent, size, number of bedrooms and bathrooms, and other relevant factors such as location and proximity to the Resident's place of employment, amenities, schools and public transportation.

4. "Comparable Mobilehome" means a Mobilehome that is similar in size, age, condition, number of bedrooms and amenities to the Mobilehome that is being displaced by Closure, Conversion or Change of Use of the Mobilehome Park.

5. "Relocation Impact Report" means a written report meeting the requirements of this Section and that describes: (1) the impacts of the Closure, ORDINANCE NO. 1190

Conversion or Change of Use of the Mobilehome Park on affected Residents, and (2) the measures that will be taken to mitigate adverse impacts of such Closure, Conversion or Change of Use on affected Residents.

6. "Relocation Specialist" means the Department-approved individual or firm retained by the Applicant, as required by this Chapter, to assist in the preparation of the Relocation Impact Report and to provide the support described herein to eligible Residents. The Relocation Specialist shall be familiar with region's housing market and qualified to assist Residents to evaluate, select, and secure placement in Comparable Housing, to arrange the moving of all the Resident's personal property, and to render financial advice on qualifying for various housing types.

7. "Resident" means a Mobilehome Owner and/or other person legally residing in a Mobilehome Park whose Mobilehome was located in a Mobilehome Park on the date of issuance of a Notice of Intent to apply for an application for Closure, Conversion or Change of Use of the Mobilehome Park. Residents includes the spouse, parents, children, and grandchildren of the Resident who reside in the Mobilehome in the Mobilehome Space on the date of the application.

C. Notice of Intent of Closure, Conversion or Change of Use of Mobilehome Park.

1. Notice of Intent. Applicant shall provide each Resident a written Notice of Intent of Closure, Conversion or Change of Use of Mobilehome Park at least one hundred twenty (120) days prior to a Relocation Impact Report being filed with the Department. Proof of service of the Notice of Intent on the Residents, via personal service or certified mail return receipt requested, must be provided to the Department on a form approved by the Department, within ten (10) days of providing each Resident a Notice of Intent. A Notice of Intent provided to each Resident does not relieve a Resident from his or her obligation to pay Rent.

2. Notice to Prospective Residents. When an application for a Conversion or Change of Use of Mobilehome Park has been filed with the City or the Mobilehome Park has been determined to be undergoing Closure, the Applicant shall advise each prospective new Resident who proposes to occupy a Mobilehome within such Mobilehome Park, in writing, prior to the execution of a Rental Agreement or commencement of such occupancy whichever occurs first, that such application has been filed or Closure determined, and that the prospective new Resident may not be entitled to any relocation assistance under this Section.

D. Relocation Assistance. As a condition of a Mobilehome Park Closure, Conversion or Change of Use, an Applicant shall be required to employ a Relocation Specialist and provide relocation assistance to Residents in an amount not to exceed the reasonable costs of relocation. The minimum relocation assistance required shall be determined based on the Department's procedures and guidelines.

1. Eligibility for Relocation Assistance. A Resident who has received a Notice of Intent from the Applicant is entitled to relocation assistance.

2. Protections.
a. No Applicant shall require any Resident to waive his or her rights to relocation assistance as a condition of renting a Mobilehome Space in the Mobilehome Park.

ORDINANCE NO. 1190

b. Residents who are eligible for relocation assistance shall be entitled to the assistance required by the Department, consistent with this Section, as a condition of Closure, Conversion or Change of Use even if they move out of the Mobilehome Park before a final determination on the Relocation Impact Report.

3. Reasonable Cost of Relocation. Reasonable cost of relocation includes a moving allowance and other applicable types of relocation assistance based on the Relocation Impact Report and set forth in this Section and the Department’s procedures and guidelines.

E. Relocation Impact Report. The Relocation Impact Report shall be in compliance with this Section and set forth the impact of the Closure, Conversion or Change of Use upon the Residents who will be displaced.

1. Timing for Filing Relocation Impact Report. A Relocation Impact Report, prepared by an Applicant or Relocation Specialist, must be filed with the Department within one hundred twenty (120) days of Applicant providing a Notice of Intent to the Residents. Applicant must use a Relocation Specialist to assist Residents as required by this Section and the Department's procedures and guidelines.

2. No Closure, Conversion, or Change of Use Until Approval of Relocation Impact Report. No Applicant shall cause or permit the filing of an application for Closure, Conversion or Change of Use with the City’s Department and/or permit the Closure, Conversion or Change of Use of a Mobilehome Park until the Relocation Impact Report has been reviewed and approved, which will enable each displaced Resident to relocate into Comparable Housing.

3. Contents of Relocation Impact Report. A Relocation Impact Report shall contain the following information:
a. Resident Information.
(i) The names and address of all Residents within the
Mobilehome Park;
(ii) The total number of Residents, categorized on a spaceby-space basis identifying the following categories:
(a) If the Residents are owners or renters of the
Mobilehome;
(b) Residents under the age of eighteen (18);
(c) Residents who are physically disabled, including
the chronically ill;
(d) Residents who are sixty-two (62) years of age or
older.
b. Converting Mobilehome Park Information.
(i) A legal description of the property;
(ii) The age of the Mobilehome Park;
(iii) The proposed schedule for Closure, Conversion or
Change of Use of the Mobilehome Park;
(iv) A description of any proposed new use for the
Mobilehome Park, including the approximate number of proposed residential units, if any; (v) The number of Mobilehomes existing in the Mobilehome Park, length of occupancy by the current Resident of each Mobilehome Space, and the current Rent for each Mobilehome Space;
ORDINANCE NO. 1190

(vi) A site plan of the Mobilehome Park showing all
Mobilehome Spaces within the Mobilehome Park, identified by number. c. Comparable Housing Information.
(i) Applicant shall provide information regarding the
availability of Comparable Housing.
(ii) Each Comparable Housing shall be identified by: (A) name and address; (B) age; (C) lease or rental rates; (D) terms, policies, and restrictions on the types of homes and residents accepted; an estimate of number of replacement spaces within each Mobilehome Park as of the date of survey. d. Relocation Assistance Information. The Applicant shall state how relocation assistance will be implemented to comply with this Section. The Relocation Impact Report shall include the following:
(i) Applicant's procedure to accommodate the Residents or Mobilehomes that are not able to relocate and the specific relocation assistance and options available to each Resident;
(ii) Identification of the Relocation Specialist assisting the Residents in finding and moving to Comparable Housing;
(iii) The specific relocation assistance and options proposed shall be provided to each Resident by certified or registered mail at least fifteen (15) days prior to filing the Relocation Impact Report with the Department. Proof of service via personal service or certified mail return receipt requested of the specific relocation assistance and options proposed to the Residents of the Mobilehome Park must be provided to the Department at the time of filing of the Relocation Impact Report; (iv) Proposed measures to mitigate the adverse impacts of the Mobilehome Park Closure, Conversion or Change of Use on the Residents in the Mobilehome Park;
(v) An appraisal if a displaced Resident cannot obtain
Comparable Housing in another Mobilehome Park, in compliance of Government Code section 65863.7.
e. Any other information and mitigation measures as the Department shall deem necessary, as set forth in its procedures and guidelines.

4. Failure to Prepare Relocation Impact Report.
a. The failure of an Applicant to prepare a complete Relocation Impact Report within the time required pursuant to this Section is hereby determined to have a severely adverse economic effect on Residents due to the delay in providing necessary relocation assistance which would result from such failure. Such failure is hereby determined to be a public nuisance.
b. If the Applicant fails to prepare or cause to be prepared a Relocation Impact Report within such required time, the Department shall cause such Relocation Impact Report to be prepared at the expense of the Applicant. Failure of the Applicant to reimburse the City for such cost within thirty (30) days of receipt of such statement, may resulting in potential fines and penalties assessed against the Applicant.

F. Hearing and Notice.

1. Department Review of the Relocation Impact Report. The Mobilehome Review Board shall not be required to take any action to hold public hearings to consider ORDINANCE NO. 1190

a Relocation Impact Report until the Department has had a reasonable time, not to exceed thirty (30) days, within which to verify that the Relocation Impact Report is complete and contains all of the information required by this Section. If the Department determines that the Relocation Impact Report does not contain all the information required by this Section, it shall set forth in writing the specific deficiencies.

2. Setting of Hearing. The Department will deem a Relocation Impact Report complete and shall set a time, date, and place for hearing to take place not less than sixty (60) days after the date the Department determines the Relocation Impact Report is complete and upon Applicant payment of any applicable fees in accordance with this Section and the Department's procedures and guidelines. The secretary of the Mobilehome Review Board or Department staff may give such additional notice as it deems necessary or desirable. Such time may be extended to the extent necessary to comply with any State regulations, including the California Environmental Quality Act.

3. Notice of Hearing. The Department shall provide Applicant a Notice of Hearing containing a general explanation of the matters to be considered by the Mobilehome Review Board and any other information as the Department shall deem necessary, as set forth in the procedures and guidelines. a. Applicant shall furnish a written Notice of Hearing to each Resident proposed to be displaced in the Mobilehome Park at least sixty (60) days prior to the hearing informing Residents that the Applicant will appear at the Oversight Party for review and approval of a Relocation Impact Report.
b. Applicant shall provide a copy of the Relocation Impact Report to each Resident proposed to be displaced in the Mobilehome Park, which shall include the appraisal of the Mobilehome owned or resided in by that Resident. Applicant, at his or her expense, must provide the Relocation Impact Report in English and the language in which the Rental Agreement was negotiated or written.
c. Applicant must provide a proof of service, on a form approved by the Department, of the Notice of Hearing sent to each Resident within ten (10) days of the hearing before the Mobilehome Review Board.
d. The Mobilehome Review Board shall not hold any hearing on the Relocation Impact Report or render a decision thereon before the Applicant has satisfactorily verified that the Residents have been notified as required by State and this Chapter.
e. The Applicant shall pay all costs associated with providing notices, including any publishing and postage expenses and translation expenses.

G. Findings and Decision.

1. The Mobilehome Review Board shall conduct a hearing to review the Relocation Impact Report at the noticed date and time. The Mobilehome Review Board may consider all relevant evidence presented at the hearing and shall render its findings and decision within thirty (30) days therefrom. The secretary of the Mobilehome Review Board or Department staff assigned by the Director shall mail the Mobilehome Review Board’s decision within ten (10) days after it is rendered to the Applicant, Residents and to all persons who have filed a written request for notification. The decision of the Mobilehome Review Board shall be final and not subject to further review by the City.

2. The Mobilehome Review Board shall approve, conditionally approve or disapprove a Relocation Impact Report. The Mobilehome Review Board shall approve ORDINANCE NO. 1190

the Relocation Impact Report if it finds that the Relocation Impact Report has satisfactorily addressed the following:
a. The Relocation Impact Report contains the information required pursuant to the County’s procedures and guidelines and Sections 65863.7 and 66427.4- 66427.5 of the California Government Code, as applicable; b. The Applicant has complied with all applicable notice requirements as provided for by State Law and by this Section and each Resident has had adequate notification of the Relocation Impact Report; c. The Relocation Impact Report accurately represents the total costs associated with the relocation of each Resident;
d. Each Resident will receive the reasonable costs of relocation from Applicant consistent with State law, this Section and the Department's procedures and guidelines; and
e. Whether approval of the Mobilehome Park Closure, Conversion or Change of Use and the Mobilehome Park's Conversion into its intended new use, taking into consideration both the Relocation Impact Report as a whole and the overall housing availability within the City, will result in or materially contribute to a shortage of housing opportunities and choices for low- and moderate-income households within the City.

3. In approving the Relocation Impact Report, the Mobilehome Review Board may require the imposition of such conditions as it finds necessary to mitigate the adverse impacts on the Residents to find Comparable Housing.

4. Extensions. Any of the time limits specified in this Section may be extended by mutual consent of Applicant and the Mobilehome Review Board.

5. No person shall cause or permit the Mobilehome Park Closure, Conversion or Change of Use until the Relocation Impact Report has been approved by the Mobilehome Review Board and the specified mitigation measures have been completed.

H. Performance of Mitigation Measures. The Applicant shall fully perform the mitigation measures set forth in, and the conditions imposed in connection with, the approved Relocation Impact Report and such performance shall be a condition of approval of any concurrent or subsequent development application proposing an alternate or replacement use of the Mobilehome Park. No Resident or person shall be required to remove his or her Mobilehome and no Resident shall be required to vacate a Mobilehome Park until all of the following conditions have been satisfied:

1. The Mobilehome Review Board approval of the Relocation Impact Report;

2. The Applicant has given six (6) months or more notice of termination of tenancy as required by California Civil Code section 798.56(g) and that at least a sixmonth period has elapsed.

3. Each Resident has received the reasonable costs of relocation from the Applicant as required by the Mobilehome Review Board and pursuant to California Government Code section 65863.7(e); and

4. Such performance has been verified by the Department.

I. Modification of Relocation Impact Report.

ORDINANCE NO. 1190

1. The Mobilehome Review Board may, upon request of Applicant, modify the provisions of an approved Relocation Impact Report. A modification may be approved where the Mobilehome Review Board finds that there has been a change in circumstances, or there is new information that could not have reasonably been known or considered at the time of the original hearing approving the Relocation Impact Report.

2. The Mobilehome Review Board may impose additional conditions as deemed necessary to mitigate any adverse impacts resulting from a modification of an approved Relocation Impact Report.

J. Nullification of Approved Relocation Impact Report.

1. The Mobilehome Review Board, upon request of the Department and after holding a public hearing, may nullify an approved Relocation Impact Report. No nullification shall be ordered unless the Mobilehome Review Board makes either of the following findings:
a. Approval of the Relocation Impact Report was obtained fraudulently;
b. The Applicant has failed to comply with the mitigation measures set forth in, or the conditions imposed in connection with, the approved Relocation Impact Report.

2. If an approved Relocation Impact Report is nullified, then the Applicant shall not be entitled to perform the Closure, Conversion or Change of Use of the Mobilehome Park until a new Relocation Impact Report is approved in accordance with this Section.

K. Evictions Pending Compliance with Relocation Impact Report. Termination of a Tenancy of any Mobilehome Owner pursuant to California Civil Code section 798.56 or any other provision of law shall not relieve Applicant of its obligation to comply with the conditions or requirements of the Relocation Impact Report applicable to that Applicant. However, if the termination of tenancy is based on subdivisions (a), (b), (c), (d) or (e) of Section 798.56 of the California Civil Code, the Mobilehome Review Board, upon request by Applicant, may grant the Applicant's extensions of time within which to comply with the conditions of the Relocation Impact Report.

L. Remedies.

1. The failure of an Applicant to comply with this Section or with any condition of the Relocation Impact Report shall be defense in any action to terminate tenancy under subdivision (f) of Section 798.56 of the California Civil Code.

2. Violation of any valid condition of a Relocation Impact Report imposed by the Mobilehome Review Board pursuant to this Chapter shall be subject to the remedies and penalties set forth in Sections 9.48.150 and 9.48.160.

M. Effective Date. The provisions of this Section shall apply to any judgment.

Accordingly, any affirmative defenses to an unlawful detainer proceeding created or modified by this Section shall apply to any such proceeding not reduced to final judgment, as of the effective date of this Section.

ORDINANCE NO. 1190

SECTION 3. The City Council find that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environmental) and 15060 (c) (3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 4. Any provision of the City of Pico Rivera’s Municipal Code inconsistent with the provisions of this Ordinance, to the extent of such inconsistency and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.

SECTION 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase would be subsequently declared invalid or unconstitutional.

SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance. The City Council hereby finds and determines that there are no newspapers of general circulation both published and circulated within the City and, in compliance with Section 36933 of the Government Code directs the City Clerk to cause said ordinance, within fifteen (15) days after its passage, to be posted in at least five (5) public places within the City. This ordinance shall take effect thirty (30) days after its adoption.

APPROVED AND ADOPTED this 11th day of March 2025.
[Signatures on next page]
ORDINANCE NO. 1190

___________________________
John R. Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
)§

COUNTY OF LOS ANGELES )
I, Cynthia Ayala, City Clerk of the City of Pico Rivera do hereby certify that the foregoing Ordinance No. 1190 was adopted at a regular meeting of the City Council of the City of Pico Rivera, held on Tuesday, March 11, 2025 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Cynthia Ayala, City Clerk
To: Mayor and City Council
From: City Manager
Meeting Date: March 11, 2025
Subject: INVOCATION POLICY AND PROCEDURES FOR CITY

COUNCIL MEETINGS
Recommendation:

1. Approve a resolution adopting the City of Pico Rivera’s policy and procedures regarding invocations at City Council meetings.

Fiscal Impact:

There is no fiscal impact to the General Fund associated with this recommendation.

Background:

Legislative bodies in the United States have long upheld the tradition of opening their meetings with a prayer to solemnize the proceedings, and the City of Pico Rivera is no exception. Since its incorporation, the City Council has followed the practice of having the Mayor select a member of the City Council or audience to deliver the invocation during public meetings. Traditionally, at the Mayor’s discretion, a local clergy member has also been invited to offer the invocation on occasions. The purpose of the invocation is to seek guidance, wisdom, and blessings for decision-makers, and it may be either religious or secular in nature. This practice of prayer before public deliberations has been consistently upheld as constitutional by federal and state courts, including the United States Supreme Court.

Discussion:

In response to the City Council's consideration of potentially inviting local clergy members to deliver invocations regularly, City staff has proposed the formal adoption of a written policy and procedures to clarify and codify the City's invocation practices.

Given the potential complexities of invocation messages, which may be religious or secular, a policy will help ensure that these messages are inclusive, respectful, and aligned with all beliefs. Additionally, a formal policy will provide consistency, addressing 4 CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 11, 2025

INVOCATION POLICY AND PROCEDURES FOR CITY COUNCIL MEETINGS

concerns about content such as the inclusion of political statements or references to sensitive matters beyond local jurisdiction.

As the presiding officer at City Council meetings, the Mayor is responsible for selecting a volunteer to deliver the invocation. The adoption of this new policy will not require a clergy member to deliver an invocation at every meeting but will ensure that when a speaker is invited, their participation is in line with the City’s established guidelines.

Conclusion:

Staff recommends the approval of the resolution formally adopting the City of Pico Rivera’s policy and procedures regarding invocations at City Council meetings.

Steve Carmona
SC:CA:gsm
Enclosure: 1) Resolution
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA,

CALIFORNIA, ADOPTING A POLICY REGARDING OPENING

INVOCATIONS DURING THE CITY OF PICO RIVERA CITY COUNCIL

MEETINGS
WHEREAS, the Pico Rivera City Council (hereinafter “Council”) is an elected legislative and deliberative public body serving the citizens of Pico Rivera, California; and WHEREAS, the Council has long maintained a tradition of solemnizing its proceedings by allowing for an opening prayer before each meeting, for the benefit and blessing of the Council; and
WHEREAS, the Council wishes to maintain a tradition of solemnizing its proceedings by allowing for an opening prayer before each meeting, for the benefit and blessing of the Council; and
WHEREAS, our country’s Founders recognized that we possess certain rights that cannot be awarded, surrendered, nor corrupted by human power, and the Founders explicitly attributed the origin of these, our inalienable rights, to a Creator. These rights ultimately ensure the self-government manifest in our Legislature, upon which we desire to invoke divine guidance and blessing; and
WHEREAS, such prayer before deliberative public bodies has been consistently upheld as constitutional by American courts, including the United States Supreme Court; and
WHEREAS, in Marsh v. Chambers, 463 U.S. 783 (1983), the United States Supreme Court rejected a challenge to the Nebraska Legislature’s practice of opening each day of its sessions with a prayer by a chaplain paid with taxpayer’s dollars, and specifically concluded, “The opening of sessions of legislative and other deliberative public bodies with prayer is deeply embedded in the history and tradition of this country. From colonial times through the founding of the Republic and ever since, the practice of legislative prayer has coexisted with the principles of disestablishment and religious freedom.” id., at 786; and WHEREAS, the Council desires to avail itself of the Supreme Court’s recognition that it is constitutionally permissible for a public body to “invoke divine guidance” on its work. Id., at 792. Such invocation “is not, in these circumstances, an ‘establishment’ of religion or a step toward establishment; it is simply a tolerable acknowledgment of beliefs widely held among the people of this country.” Id.; and WHEREAS, the Supreme Court affirmed in Lynch v. Donnelly, 465 U.S. 668 (1984), “Our history is replete with official references to the value and invocation of Divine guidance in deliberations and pronouncements of the Founding Fathers and contemporary leaders” Id., at 675; and
Enclosure 1
4a
RESOLUTION NO. _____

WHEREAS, the Supreme Court further stated that, “government acknowledgments of religion serve, in the only ways reasonably possible in our culture, the legitimate secular purposes of solemnizing public occasions, expressing confidence in the future, and encouraging the recognition of what is worthy of appreciation in society. For that reason, and because of their history and ubiquity, those practices are not understood as conveying government approval of particular religious beliefs.” Id., at 693 (O’Connor, J., concurring); and
WHEREAS, the Supreme Court also famously observed in Zorach v. Clauson, 343 U.S. 306, (1952), “We are a religious people whose institutions presuppose a Supreme Being.” Id., at 313-14; and
WHEREAS, the Supreme Court acknowledged in Holy Trinity Church v. United States, 143 U.S. 457 (1892), that the American people have long followed a “custom of opening sessions of all deliberative bodies and most conventions with prayer…,” Id., at 471; and
WHEREAS, the Supreme Court has determined, “The content of [such] prayer is not of concern to judges where … there is no indication that the prayer opportunity has been exploited to proselytize or advance anyone, or to disparage any other, faith or belief.” March, 463 U.S. at 794-795; and
WHEREAS, the Supreme Court also proclaimed that it should not be the job of the courts or deliberative public bodies “to embark on a sensitive evaluation or to parse the content of a particular prayer” offered before a deliberative public body. Id.; and WHEREAS, the Supreme Court has counseled against the efforts of government officials to affirmatively screen, censor, prescribe and/or proscribe the specific content of public prayers offered by private speakers, as such government efforts would violate the First Amendment rights of those speakers. See, e.g., Lee v. Weisman, 505 U.S. 577, 588- 589 (1992); and
WHEREAS, in Bacus v. Palo Verde Unified School Dist. Bd. of Educ., 52 Fed.Appx. 355 (9th Cir. 2002), the United States Court of Appeals for the Ninth Circuit recognized the continued vitality of Marsh and its applicability to analyzing the constitutionality of legislative prayer; and
WHEREAS, the Ninth Circuit held that prayer before deliberative bodies must not “disparage other religious faiths,” “proselytize,” nor “’advance any one … faith or belief’” Id. at 357 (quoting Marsh, 463 US. at 794-795); and
WHEREAS, in Rubin v. City of Burbank, 101 Cal.App.4th 1194 (Cal.App. 2 Dist, 2002), the California Court of Appeal, Second District recognized the continued vitality of Marsh and its applicability to analyzing the constitutionality of legislative prayer; and RESOLUTION NO. _____

WHEREAS, the Rubin Court held that an invocation offered to a sectarian deity violated the Establishment Clause because it conveyed a message that said deity was being advanced over other religions. Id. at 1204; and
WHEREAS, the Council intends to avoid those particular circumstances that rendered the practices at issue in Rubin unconstitutional, including the facts that:
1) The speakers selected to give the invocation were chosen from a single ministerial association that had no members of the Muslim, Buddhist, Hindu or Baha’i faiths.

Id. at 1198; and
2) The invocation at issue was part of the official agenda of the council meeting. Id. at 1207; and
WHEREAS, the Council intends, and has intended in past practice, to adopt a policy that does not proselytize or advance any faith, or show any purposeful preference of one religious view to the exclusion of others; and
WHEREAS, the Council recognizes its constitutional duty to interpret, construe, and amend its policies and ordinances to comply with constitutional requirements as they are announced; and
WHEREAS, the Council accepts as binding the applicability of general principles of law and all the rights and obligations afforded under the United States and California Constitutions and statutes;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:

SECTION 1. Hereby adopt the following written policy regarding opening invocations before meetings of the Council.

SECTION 2. In order to solemnize proceedings of the Pico Rivera City Council, it is the policy of the Council to allow for an invocation or prayer to be offered during its meetings for the benefit of the Council.

SECTION 3. The prayer shall not be listed or recognized as an agenda item for the meeting or as part of the public business.

SECTION 4. No member or employee of the Council or any other person in attendance at the meeting shall be required to participate in any prayer that is offered.

SECTION 5. The prayer shall be voluntarily delivered by an eligible member of the clergy in the City of Pico Rivera. To ensure that such person (hereinafter the “invocation speaker”) is selected from among a wide pool of the City’s clergy, on a rotating basis, the invocation speaker shall be selected according to the following procedure:

RESOLUTION NO. _____

(a) The Mayor, in their role as the presiding officer of the City Council during meetings, shall provide the Clerk with the name and contact information of the selected invocation speaker.
(b) The name and contact information shall be provided by the Monday before the City Council meeting to add to an Invocation List compiled by the Clerk for future reference.
(c) The Mayor will extend the initial invitation to the selected invocation speaker, either verbally or in writing.
(d) The Clerk will do a follow-up reminder call or email to the selected invocation speaker the day of the City Council meeting.
(e) In the event that the selected invocation speaker does not confirm or cannot appear as scheduled, the Mayor will request volunteers from the City Council members or attendees immediately prior to the meeting.
(f) This policy is intended to be and shall be applied in a way that is all-inclusive of every diverse religious congregation in the community of Pico Rivera. The Invocation List is compiled and used for purposes of logistics, efficiency and to provide a reminder of each speaker’s scheduled invocation.

SECTION 6. No invocation speaker shall receive compensation for his or her service.

SECTION 7. To ensure clarity and inclusivity, invocations should be spiritual in nature yet non-religious, seeking guidance, wisdom, and blessings for the City of Pico Rivera decision-makers. They should avoid referencing controversial or political statements that are unrelated to local jurisdictional matters.

SECTION 8. Neither the Council nor the Clerk shall engage in any prior inquiry, review of, or involvement in, the content of any prayer to be offered by an invocation speaker.

SECTION 9. Shortly after the opening gavel that officially begins the meeting and the agenda/business of the public, the Mayor of the Council shall introduce the invocation speaker, and the person selected to recite the Pledge of Allegiance following the invocation and invite only those who wish to do so to stand for those observances of and for the Council.

SECTION 10. This policy is not intended and shall not be implemented or construed in any way, to affiliate the Council with, nor express the Council’s preference for or against, any faith or religious denomination. Rather, this policy is intended to acknowledge and express the Council’s respect for the diversity of religious denominations and faiths represented and practiced among the citizens of Pico Rivera.

SECTION 11. To clarify the Council’s intentions, as stated hereinabove, the following disclaimer shall be included in at least 9-point font at the bottom of any printed Council meeting agenda: “Any invocation that may be offered before the official start of the Council meeting shall be the voluntary offering of a private citizen, to and for the benefit of the RESOLUTION NO. _____

Council. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council, and the Council does not endorse the religious beliefs or views of this, or any other invocation speaker.”
SECTION 12. The City Clerk shall attest to the passage of this resolution, and it shall thereupon be in full force and effect.

APPROVED AND PASSED this 11th day of March, 2025.
____________________________
John R. Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _______________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

To: Mayor and City Council
From: City Manager
Meeting Date: March 11, 2025
Subject: RESOLUTION APPROVING THE DISPOSITION AND

DEVELOPMENT AGREEMENT WITH TIERRA MIA
COFFEE COMPANY (DBA: ROSEMEAD & BEVERLY, LLC)
Recommendation:

1. Approve a resolution approving the Disposition and Development Agreement (DDA) with Rosemead & Beverly, LLC. (dba: Teirra Mia Coffee Company), for the development of a new coffee shop located at 9003 Beverly Boulevard; and

2. Authorize the City Manager to execute the Disposition and Development Agreement in a form approved by the City Attorney.

Fiscal Impact:

The land sale will generate proceeds of approximately $1.5 million. Upon the closing of escrow, which is estimated at 9 to 12 months from now, property ownership will be transferred to Tierra Mia Coffee Company. At that point, the City of Pico Rivera (City) will record the related proceeds.

Background:

In 2017, the City acquired 9003 Beverly Boulevard having APN: 8121-003-902 (Property) as part of the I-605 Corridor Improvement Project which entailed several improvements to major corridors along the I-605 freeway including on- and off-ramps and enhancements to intersections near the I-605 freeway. The purchase price of the subject property was $3,732,633. Metro reimbursed the City for the acquisition of the portion of the property required for street widening in the amount of $2,702,633. The balance of the purchase price to the City was $1,030,000.

On November 8, 2022, the City declared the Property as Surplus Land pursuant to the California Surplus Lands Act (Act). On February 28, 2023, the State of California 5 CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 11, 2025

RESOLUTION APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH TIERRA MIA COFFEE COMPANY (DBA: ROSEMEAD & BEVERLY, LLC)

Department of Housing and Community Development confirmed in writing that the City met all requirements under the Act for the purposes of disposing of the Property and is permitted to proceed with the sale or lease of the Property.

On November 21, 2023, the Ad Hoc Committee interviewed Tierra Mia Coffee Company, SBH Real Estate Group, Rodman Properties, and Frisco’s Carhops. The Ad Hoc Committee recommended that Tierra Mia Coffee Company’s proposal offered the most community benefit due to the strength of their purchase price of one and a half million dollars ($1,500,000.00), philanthropic presence in the community, quality of recent development, and willingness to explore a second retail use on the site.

In February 2024, the City entered into an Exclusive Negotiating Agreement with Tierra Mia Company to explore the prospect of its purchase and development of the Cityowned Property. City staff along with the office of the City Attorney have worked with Tierra Mia Coffee executives over the last year in furtherance of the proposal and are now prepared to present the transaction for the City Council’s consideration in the form of the draft Disposition and Development Agreement attached to this agenda report (Exhibit A). A Disposition and Development Agreement (DDA) is a legal contract between a public agency and a private developer. It governs the transfer of publicly owned land or property to the developer and outlines the terms and conditions for its development.

Tierra Mia Coffee Company’s proposal for the subject property includes a single-story 3,300 square-foot retail building with a drive-through lane. One tenant would be Tierra Mia Coffee, which would occupy approximately 1,900 square feet, and a second complementary tenant would occupy the remaining approximately 1,400 square feet of the retail building. Site improvements are proposed to include an ancillary 500 square foot outdoor patio, a parking lot with 34 parking spaces and a drive-through lane which will serve the portion of the retail building occupied by Tierra Mia Coffee Company.

Discussion:

If approved by the City Council, the Disposition and Development Agreement would establish the terms under which the City will convey the property to Tierra Mia Coffee Company, and outlines the developer’s obligations to develop, finance, and complete construction of the project after acquiring the property. The key terms of the DDA include:
• Nature of Agreement: Explains the DDA’s purpose is to facilitate the transfer and development of the property, as opposed to a mere sale. • Purchase Price: One million five hundred thousand dollars ($1,500,000.00) • Escrow Instructions and Conditions to Closing: The conditions each party must satisfy before the other is required to complete the purchase and sale CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 11, 2025

RESOLUTION APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH TIERRA MIA COFFEE COMPANY (DBA: ROSEMEAD & BEVERLY, LLC)

transaction. Developer’s conditions include evidence of financing and obtaining any necessary land use entitlements from the City.
• Development of the Property: Describes the project that will be built and a schedule for commencing and completing construction.
• Liens and Mortgages: Allows Developer to obtain and secure construction loans on the property.
• Environmental Release and Indemnity: Standard release, waiver, and indemnification language relating to any contamination on the property. • Developer’s Acknowledgement and General Release: Standard language explaining that Developer accepts the property in its “as is” condition. • Both the City and the Developer agree that neither party is relying on any representations or warranties other than those explicitly stated in this Agreement.

The representations and warranties outlined in this Agreement are the only ones made by the Parties in relation to this transaction.
• Termination, Defaults and Remedies: Allows either Party to terminate the agreement before the closing of escrow should conditions to closing fail and gives the City post-closing remedies should Developer not proceed with construction of the project after closing.

Environmental Analysis:

The proposed ordinance is not subject to the provisions of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15060(c)(2), 15060(c)(3) and 15061 (b)(3). An activity is not subject to CEQA if: The activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. The activity is not a project as defined in Section 15308. The activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Here it can be seen with certainty that there is no possibility that the proposed ordinance may have a significant effect on the environment, therefore the proposed ordinance is not subject to CEQA.

Conclusion:

Staff recommends that the City Council approve the attached resolution approving the Disposition and Development Agreement and authorize the City Manager, or designee, to execute the Agreement with Tierra Mia Company in accordance with the requirements stipulated therein, and to file an associated notice of exemption under CEQA.

CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 11, 2025

RESOLUTION APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH TIERRA MIA COFFEE COMPANY (DBA: ROSEMEAD & BEVERLY, LLC)

Steve Carmona
SC:AB:ca
Enclosure: 1) Resolution / Exhibit A
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO

RIVERA, CALIFORNIA, APPROVING A DISPOSITION AND

DEVELOPMENT AGREEMENT WITH ROSEMEAD & BEVERLY, LLC,

FOR THE PURCASE AND DEVELOPMENT OF CERTAIN CITY-OWNED
REAL PROPERTY LOCATED AT 9003 BEVERLY BOULEVARD
WHEREAS, the City of Pico Rivera (“City”) is the owner in fee simple of certain real property situated in the City and located at 9003 Beverly Boulevard, City of Pico Rivera, CA (Los Angeles County Assessor Parcel No. 8121-003-902), consisting of approximately 25,810 square feet (“Property”); and
WHEREAS, on February 27, 2024, the City entered into an Exclusive Negotiating Agreement with Tierra Mia Coffee Company to explore the feasibility and negotiate the potential sale and development of the Property; and
WHEREAS, the parties have completed their negotiations under the Exclusive Negotiating Agreement and now desire to enter into a Disposition and Development Agreement (“DDA”), in the form attached hereto as Exhibit “A”, to memorialize the terms and conditions by which City will sell and Tierra Mia Coffee Company, by and through its affiliated entity Rosemead & Beverly LLC, will purchase and develop the Property for the project described in the DDA.

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.

SECTION 2. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”), and the City Council finds and determines that approving the DDA does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because the DDA is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution and the DDA does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

SECTION 3. The City Manager, or designee, is hereby directed to execute the attached Disposition and Development Agreement on behalf of the City in substantially the form attached to this Resolution, subject to any non-monetary changes approved by the City Manager and City Attorney.

SECTION 4. The City Manager, or designee, is further authorized and directed to ENCLOSURE 1
5a
RESOLUTION NO.

take such actions as they deem reasonably necessary or proper to effectuate the purposes of this resolution.

SECTION 5. The City Clerk shall attest to the passage of this resolution, and it shall thereupon be in full force and effect.

APPROVED AND PASSED this 11th day of March, 2025.
________________________________
John R. Garcia, Mayor
ATTEST: APPROVED AS TO FORM:

Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

AGREEMENT FOR THE DISPOSITION AND DEVELOPMENT

OF REAL PROPERTY
This AGREEMENT FOR THE DISPOSITION AND DEVELOPMENT OF REAL PROPERTY (this “Agreement”) is dated for reference as of March 11, 2025 and entered into by and between the CITY OF PICO RIVERA, a California municipal corporation (“City”), and ROSEMEAD & BEVERLY, a California limited liability company (“Developer”), and concerns that certain parcel of real property owned by City and located at 9003 Beverly Boulevard, Pico Rivera, CA 90660, identified as Assessor Parcel Number 8121-003-902 in the Official Records for the County of Los Angeles, California, and legally described in Exhibit “A” hereto (the “Property”). At times herein City and Developer are individually referred to as a “Party” and jointly as the “Parties.”

AGREEMENT

1. NATURE OF AGREEMENT. City agrees to sell the Property to Developer, and Developer agrees to purchase the Property and after the Closing develop the Project on the Property, pursuant to the terms and conditions specified in this Agreement.

2. DEFINITIONS. The capitalized words and phrases used throughout this Agreement shall have the meaning given except as the context clearly requires otherwise, including those set forth below:
“Additional Instructions” is defined in Section 4.A.
“Closing” is defined in Section 4.F.
“Contingency Date” and “Contingency Period” are defined in Section 4.E(1). "Completion Certificate” is defined in Section 5.E.
"Construction Covenants” is defined in Section 5.J.
“Deed of Trust” is defined in Section 6.A.
“Deposit” is defined in Section 3.A.
“Development Entitlements” is defined in Section 4.E(4). “Effective Date” of this Agreement is the date on which the last of City and Developer have executed and delivered this Agreement to the other Party. “Escrow” is defined in Section 4.B.
“Existing Land Use Regulations" is defined in Section 4.E.4.c. “Extended Policy” is defined in Section 4.E(2).

EXHIBIT A
“Financing Plan” is defined in Section 4.E(5)(a).
“Force Majeure” means: Acts of God; unusually severe weather; enemy action; civil disturbances; wars; terrorist acts; insurrection; riots; fire; floods; earthquakes; casualties; a local, state, or federal declaration of emergency based on an epidemic or pandemic including any quarantine or other health-related orders, directives, regulations, laws or other requirements implemented in response to such epidemic or pandemic; strikes, walkouts lockouts, and other labor difficulties; regional and enduring breakdown in communication facilities, electrical service, or wireless service; failure or inability to secure materials or labor by reason of priority or similar regulations or order of any governmental or regulatory body; or mediation, arbitration, litigation, or other administrative or judicial proceeding involving the Development Entitlements or this Agreement.
“Grant Deed” is defined in Section 4.F and is in Exhibit “B”. “Opening” is the date that Escrow is opened as described in Section 3.B. “Outside Closing Date” is defined in Section 4.F(5).
“Permitted Exceptions” means the following described conditions and exceptions to title or possession:
i. A lien to secure payment of general and special real property taxes and assessments that accrue from and after the Closing.
ii. 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.
iii. Matters affecting the condition of title created by this Agreement or with the consent of Developer.
iv. Other exceptions to title disclosed by the Title Report that have been approved in writing by Developer prior to the end of the Contingency Period, which shall constitute Permitted Exceptions.
“Preliminary Site Plan” is located in Exhibit “C”.
“Project” is depicted in the Preliminary Site Plan attached to this Agreement as Exhibit “C” and refers to a single-story retail building offering approximately 3,300 square feet, a drivethrough lane, approximately 500 square feet of outdoor patio space, and approximately 34 parking stalls for two commercial / retail tenants. Developer will lease each space to commercial / retail tenants: one tenant will be Tierra Mia Coffee Company, which will occupy and operate approximately 1,900 square feet of the retail building as “Tierra Mia Coffee Company,” and; a second complementary tenant will occupy the remaining approximately 1,400 square feet of the retail building. The Project will contain a drive-through lane which shall service the portion of the retail building occupied by Tierra Mia Coffee Company. The Parties acknowledge that Tierra Mia Coffee Company’s hours of operation for its cafes are typically 5:00am to 1:00am, seven (7) days per week, and Tierra Mia Coffee Company desires to operate similar hours at this location. The Parties further acknowledge that actual operating hours for the Project will be established in the Development Entitlements.

“Project Budget” is defined in Section 4.E(5)(a).
“Purchase Price” is defined in Section 3.
"Release of Construction Covenants” is defined in Section 5.J. "Schedule of Performance” is described in Section 5.E and located in Exhibit “D”. “Sources and Uses Summary” is defined in Section 4.E(5)(a). “Surplus Land Act Covenant” is defined in Section 4.E(3). “Survey” is defined in Section 4.E(2)(a).
“Termination Costs” is defined in Section 10.A.
“Title Company” is defined in Section 4.B.
“Title Policy” is defined in Section 4.E(2).
“Title Report” is defined in Section 4.E(2)(a).

3. PURCHASE PRICE. The purchase price to be paid by Developer to City in exchange for the Property is ONE MILLION FIVE HUNDRED THOUSAND DOLLARS and 00/100 CENTS ($1,500,000.00) (the “Purchase Price”) which shall be paid by Developer to City in the manner specified in this Agreement. The Parties agree that the Purchase Price is equal to the fair market value of the Property and City has provided no discounts, offsets, or subsidies to Developer in connection with this Agreement.

A. Deposit. Within three (3) business days of the Opening, Developer shall deliver funds by check or wire transfer in the amount of FORTY-FIVE THOUSAND DOLLARS and 00/100 CENTS ($45,000.00) to Escrow to be deposited in a non-interest-bearing account and held as an earnest money deposit pursuant to the terms and provisions of this Agreement (the “Deposit”).

The Deposit shall be applied to the Purchase Price at Closing.

B. Payment of Purchase Price. At the Closing Developer shall pay to City through Escrow the balance of the Purchase Price (i.e., a sum equal to the Purchase Price less the Deposit) in cash, by cashier’s or certified check, or by wire transfer.

4. ESCROW INSTRUCTIONS AND CONDITIONS TO CLOSING.

A. Escrow Instructions. This Agreement constitutes the joint basic escrow instructions of City and Developer for conveyance of the Property. The Parties shall execute, deliver and be bound by any reasonable or customary supplemental or additional escrow instructions (“Additional Instructions”) or other instruments as may be reasonably required by Title Company in order to

consummate the transaction contemplated by this Agreement; provided such Additional Instructions do not conflict with, amend or supersede any portions of this Agreement unless agreed to in writing by both Parties.

B. Opening of Escrow. Within three (3) business days of the Effective Date, City shall open an escrow for this transaction (“Escrow”) with FIDELITY NATIONAL TITLE; Escrow Officer:

MARY LOU ADAME ([email protected]) (“Fidelity National Title”).

C. Costs. City will pay the basic premium for the standard CLTA owner’s policy of title insurance issued to Developer with an insured amount not in excess of the Purchase Price pursuant to Section 4.E.2 below. Developer shall pay the costs of the Title Policy, all transfer taxes and recording costs, and the costs associated with any extended coverage title policy (i.e., extended ALTA coverage) any title endorsements requested by Developer pursuant to Section E.4.2 below, and any cost for recording the Grant Deed. City shall pay costs associated with recording of the Construction Covenants, if applicable and to the extent City is not exempt as a local governmental entity. All other closing costs and costs of Escrow shall be divided between the City and Developer equally. Title Company shall provide a preliminary closing statement to the City and Developer prior to the Closing Date.

D. Tax Prorations. City 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, provided that City is a local government agency exempt from real property taxes and accordingly the Parties anticipate that no such taxes are or will be due or owing. To the extent it is determined that any taxes are owed, City shall so notify Developer in writing of the precise amount not less than thirty (30) calendar days before Closing. Developer shall be solely and exclusively liable for any real property taxes or assessments levied on the Property after the Closing.

E. Conditions Precedent to the Closing.
1) Contingency Period. It is a condition precedent to the Closing that, on or before the date that is sixty (60) calendar days after the Effective Date (the “Contingency Date,” and the period from the Effective Date to the Contingency Date being the “Contingency Period”), Developer has determined that the Property is suitable for Developer’s intended use, as determined in Developer’s sole discretion. City shall deliver copies of all documents in City’s possession relating to the Property to Developer within twenty (20) calendar days after the Opening. Prior to the Contingency Date, Developer shall determine whether the Property is suitable. In the event Developer determines the Property is not suitable, then Developer may terminate this Agreement for convenience pursuant to Section 10.A unless, and at Developer’s option, City remedies Developer’s concern at City’s cost. Prior to expiration of the applicable Contingency Period, Developer shall have approved all due diligence matters associated with the Property or have waived any objections in writing, and failure to object within the Contingency Period shall be deemed a waiver.
2) Title Matters. It is a condition precedent to the Closing for Developer’s benefit that the Title Company be committed to issue to Developer at the Closing a standard CLTA owner’s policy of title insurance (“Title Policy”) in an amount equal to the Purchase Price, showing fee

title to the Property subject only to the Permitted Exceptions. Title Company will issue the Title Policy to Developer upon Closing. Instead of the Title Policy being a standard CLTA owner’s policy of title insurance, Developer may instead elect to obtain an extended coverage ALTA owner’s policy of title insurance (“Extended Policy”) on the following conditions: (1) Developer pays for all additional premiums and any other fees and costs attributable thereto, (2) Developer shall be solely responsible for the additional requirements for the issuance of the Extended Policy (such as an ALTA survey), and (3) such request (or the fulfillment thereof) does not unreasonably delay the Closing.
a) Title Report, Review and Approval. As soon as practicable but no later than thirty (30) calendar days following the Effective Date, City shall obtain and shall provide Developer with a 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”).

Developer shall have until the end of the Contingency Period to review and approve the Title Report and any ALTA survey (“Survey”) obtained by Developer. Developer shall notify City in writing on or before the Contingency Date of any disapproved matters in the Title Report and Survey. Any matters not so disapproved shall be a Permitted Exception; however, Developer hereby objects to any and all monetary encumbrances that may appear in the Title Report, all of which shall be removed therefrom by City at no cost to Developer. City shall have thirty (30) calendar days from the receipt of Developer’s notice either to obtain at City’s cost, as applicable, the issuance of an endorsement to the Title Report removing such disapproved matters or, if acceptable to Developer, to obtain affirmative title insurance protection for such disapproved matters satisfactory to Developer in City’s sole discretion. If City fails either to provide for the removal of such exceptions or to obtain affirmative title insurance protection for such exceptions satisfactory to Developer within such thirty (30)-day period, then at Developer’s option, Developer may in its discretion either (i) terminate this Agreement or (ii) advance the cost of removing or satisfying the exception and deduct the cost from the Purchase Price paid by Developer.

b) 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, Developer shall be entitled to object to any such exceptions by a written notice of objections to City on or before the date ten (10) calendar days following Developer’s receipt of such endorsement or update. If Developer fails to object to such new exceptions on or before such date, Developer 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. City shall have ten (10) calendar days from the receipt of Developer’s notice of object either to obtain at City’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 Developer, to obtain affirmative title insurance protection for such exceptions satisfactory to Developer in Developer’s sole discretion. If City fails either to provide for the removal of such exceptions or to obtain affirmative title insurance protection for such exceptions satisfactory to Developer in Developer’s sole discretion within such ten (10)-day period, then at Developer’s option, Developer 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 Developer, then such disapproved matters shall constitute Permitted Exceptions.

c) Notwithstanding any contrary term or provision in this Agreement, the Closing will be extended as needed to comply with the requirements of this Section. 3) Surplus Land Act Clearance. It is a condition precedent to the Closing for City’s Benefit that City has satisfied the requirements of the California Surplus Lands Act (Gov’t Code § 54220 et seq., the “SLA”) before disposing of the Property to Developer, as determined in City’s sole but reasonable discretion. The SLA is administered by the California Department of Housing and Community Development (“HCD”), and within thirty (30) calendar days of the Opening, City will provide HCD with written notice of this Agreement in the manner and form required by law. If, prior to the Closing, HCD determines the transaction contemplated by this Agreement violates the SLA, either Party may elect to terminate this Agreement for convenience pursuant to Section 10.A; provided that the Parties shall first cooperatively and in good faith attempt to remedy or address HCD’s grounds for denial. If HCD approves or does not object to the transaction within the deadline specified herein, then pursuant to Government Code section 54233, the covenant and restriction set forth in Exhibit “F” shall be recorded on the Property as a condition of and at the Closing (“Surplus Land Act Covenant”).
4) Development Entitlements. Within sixty (60) days of the Opening, Developer shall submit to City, in City’s authority as the governmental entity with land use jurisdiction over the Property (“Land Use Authority”): (1) a complete application for a precise plan of design for the Project pursuant to the provisions of Chapter 18.48 of the Pico Rivera Zoning Code; and (2) an application for a conditional use permit allowing the operation of drive-through service pursuant to the provisions of Chapter 18.56 of the Pico Rivera Zoning Code, and (3) any other construction permits, use permits, or operating permits required under the Pico Rivera Zoning Code (collectively, the “Development Entitlements”).
a) City’s Consideration of Development Entitlements. City, in the exercise of its Land Use Authority, will promptly and in good faith review Developer’s application and in the exercise of lawful discretion render a timely final determination on the Development Entitlements. b) Condition to Closing. City’s approval of the Development Entitlements in a form acceptable to Developer is a condition precedent to the Closing for the mutual benefit of both Parties. If said condition is not satisfied on or before the Outside Closing Date, Developer may elect to terminate this Agreement for convenience pursuant to Section 10.A. The foregoing right to terminate shall be a Party’s sole and exclusive remedy in the event of a failure of this condition.

In no event shall City be in breach of this Agreement by exercising its Land Use Authority to approve, deny, or conditionally approve the Development Entitlements, nor shall Developer be in breach if it declines to accept the final form of Development Entitlements before the Closing. It is understood by both Parties that allowing for the operation of drive-through service at the Project is a material inducement for Developer and Developer does not intend to acquire the real property without the right to construct and use a drive-through lane within the Project. c) Existing Land Use Regulations. The Existing Land Use Regulations shall be applicable to development of the Project. In connection with all subsequent discretionary actions which City takes or has the right to take under this Agreement relating to the Project, including any review, approval, renewal, conditional approval or denial, City shall exercise its discretion or

take action in a manner which complies and is consistent with the Existing Land Use Regulations and such other standards, terms and conditions expressly contained in this Agreement. City shall accept and timely process, in the normal manner for processing such matters as may then be applicable, all applications for further approvals with respect to the Project called for or required under this Agreement, including, without limitation, any necessary site plan, site development permit, conditional use permit, parking use permit, tentative map, vesting tentative map, final map and any grading, construction or other permits filed by Developer. As used herein, the term “Existing Land Use Regulations” means all ordinances, laws, resolutions, codes, rules, regulations, moratoria, initiatives, policies, requirements, or guidelines of the City in effect on the date on which Developer submits to City completed applications for the Development Entitlements, which Land Use Regulations govern the permitted uses of land, the density and intensity of use, and the design, improvement, construction standards and specifications applicable to the development of the Property, including, but not limited to, the General Plan, the Zoning Code, and all other ordinances of City establishing development standards, impact or development fees, and building and improvement standards. Existing Land Use Regulations do not include nonland use regulations such as, without limitation, all City ordinances, resolutions, rules, regulations or official policies governing: business licenses issued by the City for the conduct of businesses, professions, and occupations; the control and abatement of nuisances; the granting of encroachment permits and the conveyance of rights and interests which provide for the use of the entry upon public property; and/or the exercise of the power of eminent domain. d) Cost of Entitlements. Developer shall bear such costs as normally charged for the applications for the Development Entitlements and associated service fees of City. Developer shall request, and City shall issue all required permits and Developer shall pay development impact fees related to the development of the Project and shall pay all government processing fees related to the development. All such fee shall be based on the published or applicable fees as of the date of the application for the permit or other entitlement.
5) Project Financing. It is a condition precedent to the Closing that Developer have demonstrated to City’s reasonable satisfaction that Developer has adequate equity, capital, debt, and/or other financing capacity needed to acquire the Property and develop the Project. Developer shall satisfy the requirements of this subsection to City’s reasonable discretion prior to the Closing. a) Financing Plan. As of the Effective Date, Developer has provided to City: (1) a good faith estimate of the cost to acquire the Property and develop the Project, dated December 12, 2024 (“Project Budget”); and (2) a listing and description of all capital, debt, and other financial sources intended by Developer to be used to pay for the Project Budget, dated December 12, 2024_(“Sources and Uses Summary”). The Parties recognize and agree that the initially submitted Project Budget and Sources and Uses Summary are preliminary estimates that are subject to change and adjustment prior to the Closing. No later than thirty (30) days prior to the Closing, Developer shall submit a financing plan for City’s review and approval that shall include (the “Financing Plan”):
i. An updated Project Budget that includes all direct, indirect, and financing costs of purchasing the Property and developing the Project.

ii. An updated Summary of Sources and Uses, including a breakdown for costs to purchase the Property and develop the Project, including all direct, indirect, and financing costs, and including all assumptions for all debt and equity financing, the timing of uses of each source of financing, and a breakdown of which expenses each source is funding. iii. To the extent applicable, a copy of any financing commitments obtained by Developer for the lines of credits, loans, grants, or other external financing sources listed in the Summary of Sources and Uses, certified by Developer to be true and correct copies thereof. iv. A description of any joint ventures, partnerships or conveyances Developer proposes to provide equity funds for acquiring the Property or developing the Project, including copies of any then executed joint venture, partnership and/or conveyance agreements. v. A certified bank statement or other financial statement in such form reasonably satisfactory to City evidencing other sources of capital sufficient to demonstrate that Developer has adequate liquid funds available and has committed such funds to cover the difference, if any, between costs to acquire the Property and develop the Project and the amount available to Developer from external sources.
b) City’s Review of Financing Plan. City shall review the Financing Plan and either approve or disapprove of it within ten (10) calendar days of receipt from Developer. If City does not provide written notice of disapproval within ten (10) calendar days of receipt from Developer, then said Financing Plan shall be deemed approved. City’s review of the Financing Plan or any commitments from external debt financing sources shall be limited to determining if the contemplated financing will be reasonably available at the Closing, will provide sufficient funds to undertake and complete the Project, and whether the timing, terms and conditions of any such financing are consistent with this Agreement. If the Financing Plan or any financing commitments are not approved by City, City shall notify Developer in writing of the reasons therefor. Developer shall thereafter resubmit a revised Financing Plan or commitment to City for its approval within fifteen (15) calendar days after City 's notification of disapproval. City will either approve or disapprove the revised Financing Plan or updated commitment within ten (10) calendar days after resubmission by Developer, and if disapproved, this Agreement may be terminated for convenience by either Party in accordance with the terms of Section 10.A. c) Availability of Financing at Closing; Modifications. All financing sources listed in the Financing Plan shall close by or be unconditionally committed to Developer prior to, or simultaneously with, the Closing. Developer shall submit documentary evidence to City’s reasonable satisfaction that any conditions to the release or expenditure of funds described in the Financing Plan have been met or will be met upon the Closing and subject to Developer's satisfaction of standard disbursement preconditions. Developer shall submit any changes to the Financing Plan, including but not limited to any amendments or modifications to the Project Budget, or the commitment letter from any other lender, to City for approval within fifteen (15) calendar days of the date Developer receives information indicating that actual costs of the Project materially vary or will materially vary from the line item costs shown on the Financing Plan.

Written consent of City shall be required to materially amend the Financing Plan or to obtain additional or other financing from external sources not listed in the Financing Plan.

6) Intentionally Deleted.
7) Building Permits. Not later than 90 days prior to the Closing, Developer shall submit a completed applications for all grading, building, or other ministerial permits required from City, its Land Use Authority, to develop and operate the Project on the Property. At the Closing, and as a condition precedent to City’s consent to the Closing, Developer shall be in a position to pull building permits from City subject only to the payment of standard fees or charges associated with said permits.

F. Closing of Escrow. The “Closing” means the Title Company’s: (1) recordation in the Official Records of Los Angeles County, California, of the grant deed in the form attached hereto as Exhibit “B” conveying the Property to the Developer (the “Grant Deed”); and (2) disbursement of funds and distribution or recording of any other documents by the Title Company as described in this Agreement. The Closing shall occur no sooner than the date on which all of the conditions precedent to the Closing as set forth in Section 4.E have either been performed to the satisfaction of each Party, or waived in the sole discretion of each Party, and no sooner than two (2) business days following the satisfaction or waiver of the following additional conditions precedent:
1) City shall have: (a) taken all actions necessary and appropriate relative to enabling the Title Company to issue the Title Policy to Developer subject only to the Permitted Exceptions; and (b) delivered to Escrow the following documents, which may be counterparts, in recordable form, as necessary: (i) An original of the Grant Deed for Property executed by City and acknowledged; and (ii) An owner’s affidavit in form and substance acceptable to the Title Company, if required. 2) Developer shall have paid into Escrow the Deposit and the balance of the Purchase Price.
3) Both Parties, and each of them, shall have: (a) delivered to Escrow an original executed copy of the Construction Covenants, which may be executed in counterparts and shall be in recordable form with signatures and acknowledged; (b) delivered to Escrow an original executed copy of the Surplus Land Act Covenant, which may be executed in counterparts and shall be in recordable form with signatures and acknowledged; (c) completed all of their obligations under this Agreement that are required to be completed prior to the Closing; and (c) delivered such other documents and funds required of it under this Agreement or reasonably required by Title Company.
4) All representations and warranties of each Party hereunder that are true as of the Effective Date shall be and remain true as of the Closing and shall otherwise continue for the time periods set forth herein.
5) Unless extended by the prior mutual written agreement of the Parties, the Closing shall occur no later than two hundred and seventy (270) days after the Effective Date (“Outside Closing Date”), after such date either Party may terminate this Agreement for convenience pursuant to

Section 10.A. The Parties may extend deadlines associated with conditions to the Closing listed in Section 4.E upon mutual written agreement.

G. Title Company and Escrow Agent Responsibilities. Subject to satisfaction of the conditions precedent specified herein, at the Closing the Title Company is authorized and instructed to:
1) Using the proceeds of the sale (the funds deposited by the Developer representing the Purchase Price), cause the satisfaction and removal of all exceptions to title to the Property except for the Permitted Exceptions, provided that before such payments or charges are made, Title Company shall notify City of the terms necessary to satisfy and remove such monetary liens or encumbrances, and City shall approve the disbursement of necessary funds. 2) Pay, and charge the Developer and City, respectively, for any fees, charges and costs payable under this Agreement. Before such payments or charges are made, Title Company shall notify the Parties 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, the Construction Covenants, the Surplus Land Act Covenant, 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 applicable, to be issued. 7) Perform and take actions directed in any agreements or escrow instructions between the Parties, if applicable, to the extent not in conflict with this Agreement or otherwise approved by the Parties.

H. Notices. All communications from Title Company to the Parties shall be directed to the addresses and in the manner established in this Agreement for notices, demands and communications between the Parties, except as may be otherwise directed in writing.

5. DEVELOPMENT OF THE PROPERTY
A. The Project. As a material inducement for City’s agreement to sell the Property to Developer, Developer covenants and agrees that after the Closing Developer will develop the Property with the Project. The specific improvements to be included in the Project shall be substantially similar to the “Preliminary Site Plan” attached to this Agreement Exhibit “C”; provided that, notwithstanding the foregoing, the Project to be developed on the Property shall be defined by the Development Entitlements and final building permits.

B. Cost of Development. All costs for engineering, planning, designing, permits, Development Entitlements other approvals, whether imposed by City or another governmental

entity with jurisdiction over the project, and developing the Property shall be borne exclusively by Developer. Developer shall also bear all costs related to discharging the duties of the Developer set forth in this Agreement.

C. Changes to Financing Plan. Prior to the issuance of a Completion Certificate for the Project, any material change, modification, revision or alteration of the approved Financing Plan (including but not limited to any amendments or modifications to the Project Budget, Sources and Uses, or commitment from any lender) must first be submitted to and approved by City for conformity to the provisions of this Agreement. All approvals by City may not be unreasonably withheld. If not so approved, the approved Financing Plan shall continue to control. Following the issuance of a Completion Certificate for the Project, Developer shall have no obligation to provide City with information or seek City approval with respect to any financing or refinancing related to the Project, the Property, or any portion thereof.

D. Intentionally Deleted.

E. Schedule of Performance. Promptly after the Closing, and with the exception of Permitted Delays, Developer shall commence construction and thereafter pursue construction without interruption until the Project is complete, as will be signified by a final certificate of occupancy issued by the City for all buildings or improvements that are part of the Project (“Completion Certificate”). Developer shall complete all such planning, design, construction, and opening of the Project in compliance with the deadlines specified in the "Schedule of Performance" attached hereto as Exhibit “D”. The City Manager, in his/her sole and absolute, but reasonable discretion, may grant extension(s) of the Schedule of Performance not exceeding nine (9) months in the aggregate, with any longer extensions of time requiring the approval of City’s governing body (the Pico Rivera City Council). Construction of the improvements and development of the Property as described in the Development Entitlements may, at the sole election of Developer, be completed in different phases; provided that such construction and development is within the time specified in the Schedule of Performance, and that such phased construction is consistent with the CEQA analysis and findings completed for the Development Entitlements.

F. Construction Progress Reports. Until such time as Developer has completed construction of the Project, as evidenced by a Completion Certificate issued by City, Developer shall provide City with quarterly progress reports, or more frequent updates if City reasonably requires, regarding the status of the construction of the Project, including, upon City request, a statement that the actual construction costs to date reasonably conforms to the Financing Plan.

G. Local, State and Federal Laws. Developer shall own the Property and carry out the construction of the Project in conformity with all applicable laws, including all applicable federal, state or local laws, rules or standards, provided, however, Developer and its contractors, successors, assigns and transferees, and lessees are not waiving their rights to contest any such laws, rules or standards. Developer agrees to indemnify, hold harmless and defend the City, its officers, employees, contractors and agents against any claim, action, proceeding, liability, damages, expenses, attorney fees, expert fees or other costs arising out of Developer's obligations under this subsection, provided the foregoing indemnity shall not apply to any of the foregoing

matters to the extent caused by any willful or negligent conduct of the City or its agents, servants, employees or contractors.

H. Taxes, Assessments, Encumbrances and Liens. After Closing, Developer shall pay when due all real estate taxes and assessments on the Property levied subsequent to a conveyance of title to the Property. Developer shall not place or allow to be placed on the Property or any part thereof, any mortgage, trust deed, encumbrance or lien unauthorized by this Agreement. Developer shall remove or have removed any lien on any of the Property or portion thereof or assure the satisfaction thereof within a reasonable time, but in any event prior to a sale thereunder. Notwithstanding the foregoing, if Developer or a successor, transferee, assignee, or tenant contests the validity or grant of any recorded lien or tax assessment, and Developer, successor, transferee, assignee or tenant shall notify the City that it intends to contest the same, and any payment due to clear the lien or assessment shall be made immediately upon final resolution of any such contest.

I. Rights of Access. For the purposes of monitoring compliance with this Agreement or to inspect the work being performed in constructing the Project, representatives of City shall have the reasonable right of access to the Property without charges or fees, at normal construction hours during the period of construction, so long as said access only occurs after City provides Developer not less than one (1) business day’s written notice of their intent to access the Property, and so long as said access does not interfere with or delay construction activities.

J. Declaration of Construction Covenants. At the time of execution of the Agreement, City and Developer shall also sign the Declaration of Construction Covenants in the form attached in Exhibit “E” (“Construction Covenants”). Escrow shall record the Construction Covenants on the Property at the Closing. Following Developer’s completing construction of the Project, and after City’s issuance of Completion Certificate, City shall, at Developer’s request, execute and provide to Developer a standard form release and reconveyance of the Construction Covenants which Developer may record on the Property (“Release of Construction Covenants”). The terms and conditions included in the Construction Covenants are expressly incorporated into this Agreement and shall survive the Closing and endure until released.

K. Permitted Delays. The time within which either Party shall be required to perform any act under this Agreement shall be extended by a period of time equal to the number of days during which performance of such act is delayed unavoidably and beyond the reasonable control of the Party seeking the delay by a Force Majeure event (each a “Permitted Delay”). An extension of time for any such cause shall be for the period of the Permitted Delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within sixty (60) days of the commencement of the cause. If notice is sent after such sixty (60) day period, then the extension shall commence to run no sooner than sixty (60) days prior to the giving of such notice. Times of performance under this Agreement may also be extended in writing by the mutual agreement of the City Manager and Developer. Developer’s inability or failure to obtain financing shall not be deemed to be a cause outside the reasonable control of the Developer and shall not be the basis for a Permitted Delay.

6. LIENS AND MORTGAGES

A. No Encumbrance Except for Development Purposes. Mortgages and deeds of trust, or any other reasonable method of security for appropriate modes of financing real estate construction and land development (“Deed of Trust”) are permitted to be placed upon Developer’s fee interest in the Property, but only for the purpose of securing construction loans approved by City pursuant to the approved Financing Plan. Developer shall notify the City in advance of any form of financing that is secured by a Deed of Trust if Developer proposes to enter into the same before issuance of a Release of Construction Covenants. The limitations in this paragraph shall expire following City’s issuance of a Completion Certificate.

B. Holder Not Obligated to Construct Improvements. The holder of any mortgage, Deed of Trust, or other conveyance authorized by this Agreement shall in no way be obligated by the provisions of this Agreement to construct or complete the Project or to guarantee such construction or completion. Nothing in this Agreement shall be deemed to construe, permit, or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided for or authorized by this Agreement.

C. Notice of Default to Deed of Trust Holders; Right to Cure. Whenever City shall deliver any written notice or written demand to Developer, with respect to any alleged breach or default by Developer following the Closing, the City shall, at the same time, deliver to each holder of record of any financing instrument authorized by this Agreement who has requested in writing said notices from the City, a copy of such written notice or demand. Each such holder shall (insofar as the rights of City are concerned) have the right, at its option after the receipt of the notice or Developer’s cure period, if any, to cure or remedy any such default if the right to cure is provided under the terms of the security interest. The time for a holder to cure shall be extended, if the holder has undertaken steps to cure, in which case such time will be extended for as long as holder reasonably needs, providing the holder is acting diligently. Nothing contained in this Agreement shall be deemed to permit or authorize such holder to undertake or continue the construction or completion of the Project (beyond the extent necessary to conserve or protect the improvements or construction already made) without first having expressly assumed Developer's remaining obligations to City by written agreement satisfactory to City. In that event, the holder must agree to complete, in the manner provided in this Agreement, the Project to which the lien or title of such holder relates, and submit satisfactory evidence to City that it possesses the qualifications and financial resources necessary to perform such obligations. Any such holder properly completing the Project shall be entitled, upon written request made to City, to a Release of Construction Covenants from the City.

D. Failure of Holder to Complete Improvements. In any case of an uncured default by Developer in completion of construction of improvements under this Agreement, if the holder of any Deed of Trust creating a lien or encumbrance upon the Property or any part thereof has not thereafter timely exercised the option to construct, or if it has exercised the option and has not thereafter proceeded with construction in the manner required by this Agreement, City may purchase the Deed of Trust by payment to the holder of the amount of the unpaid debt. If the ownership of the Property or any party has been vested in the holder, City, if it so desires, shall be entitled to a conveyance of the Property, or any part of the Property, from the holder to City upon payment to the holder of an amount equal to the sum of the following:

1) Unpaid Deed of Trust, mortgage, deed of trust or other security interest debt at the time title became vested in the holder (less all appropriate credits, including those resulting from collection by lender and application of rentals and income received during foreclosure proceedings).
2) All reasonable expenses with respect to foreclosure. 3) The net expenses, if any (exclusive of overhead), incurred by the holder as a direct result of the City approved subsequent management of the Project or part thereof. 4) The cost or value, whichever is less, of any City approved improvements made by such holder.

E. Right of City to Cure Deed of Trust Default. In the event of an uncured material default by Developer of any Deed of Trust prior to recordation of a Release of Construction Covenants, and the holder of any such security interest has not exercised its option to complete the Project, after another advance written demand to Developer and the holder of such security interest, that the default must be cured within an additional 30 days, City may cure the default prior to completion of any foreclosure. In such event, City shall be entitled to reimbursement from Developer of all costs and expenses incurred by City in curing the default. City shall also be entitled to a lien upon the Property to the extent of such costs and disbursements. Any such lien shall be subject to mortgages, deeds of trust or other security instruments executed for the sole purpose of obtaining funds to purchase and develop the Property as authorized herein.

F. Rights of City to Satisfy Other Liens on the Property After Title Passes. After the conveyance of title of the Property to Developer, and after Developer has had reasonable time to challenge, cure or satisfy any liens or encumbrances on the Property, or any part thereof, the City shall have the right to satisfy any such liens or encumbrances, provided however, that nothing in this Agreement shall require Developer to pay or make provision for the payment of any tax, assessment, lien or charge as long as the Developer shall in good faith contest the validity or amount thereof, and provided such delay in payment shall not subject the Property, or part thereof, to forfeiture or sale.

G. Estoppel. City shall from time to time, within fifteen (15) calendar days following the receipt of a request by Developer or the holder of any Deed of Trust or other security interest affecting the Property, deliver to Developer or such holder a written statement executed by City in form and substance reasonably satisfactory to Developer and such holder, (i) stating that this Agreement is in full force and effect and has not been modified or amended (or if modified or amended, setting forth all modifications and amendments), (ii) stating whether or not to the best knowledge of City, Developer is in default under this Agreement and if Developer is in default, setting forth the specific nature of all such defaults, and (iii) as to any other matters reasonably requested by Developer or such holder. City acknowledges that any statement delivered pursuant to this subsection may be relied upon by any purchaser or owner of all or a portion of the Property and/or any improvements thereon or by the holder of such deed of trust or security interest or by any assignee of such holder or anyone claiming by, under or through such holder.

7. ENVIRONMENTAL RELEASE AND INDEMNITY.

A. Environmental Release. Subject to accurate representations by City to Developer regarding all known, or with the exercise of reasonable diligence would be discovered or known, actual or potential environmental issues with the Property prior to the Closing, Developer, for itself and its successors and assigns, unconditionally releases City from and against any and all liability to Developer, both known and unknown, present and future, for Environmental Damages to Developer arising out of any violation of Environmental Requirements or the presence of Hazardous Material on, under or about the Property (the “Environmental Release”), except to the extent of a breach by City of its representations and warranties set forth in this Agreement. With respect to the Environmental Release, Developer, after consulting with legal counsel and with full knowledge of the consequences of its actions, waives the provisions of California Government 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.”
___________ Developer Initials
B. Environmental Indemnity.

1) General. Except for a breach of City’s representations or warranties or breach under this Agreement, Developer shall defend, indemnify, and hold City harmless from and against all claims, lawsuits, demands, obligations, investigations, liabilities, damages (including but not limited to diminution in value of property and related stigma damages, lost profits and consequential damages), penalties, or fines or actions that relate to or arise from the acts or omissions of Developer in connection with the presence of any Hazardous Materials at, in, on, or under the Property, or migrating off the Property (including groundwater) (cumulatively the “Environmental Claims”), including without limitation, Environmental Claims by: (a) any federal, state, or local governmental agency (“Government Claims”); (b) owners and operators of adjacent and nearby properties or any other persons (collectively, “Third Party Claims”); or (c) any lenders providing financing with respect to the Property arising from any underlying Government Claims, Third Party Claims, or other Environmental Claims. 2) Defense of Claims. Provided that Developer accepts tender of any reasonable expense or reasonable claim by City, Developer shall have the right, in consultation with City, to control on behalf of City any and all negotiations, settlement discussions, investigations, testing, defenses, trials, actions, proceedings, hearings, additional remediation obligations, and other resolutions with all third parties arising out of, incidental to, or in connection with Developer’s performance of Developer’s obligations under this Section 7. If Developer does not accept a tender of any reasonable expense or reasonable claim by City, except for a breach of City’s representation or warranties under this Agreement, City shall be entitled to engage in all such matters described in

the preceding sentence on its own account, and shall be entitled to recover from Developer the costs of engaging in such matters (including reasonable experts’ or consultants’ fees and reasonable attorneys’ fees), provided Developer’s denial of liability is adjudicated to be in violation of the terms hereof. Without limiting Developer’s rights as described above, Developer shall undertake reasonable consultation with City with respect to matters materially involving the Property or City.

C. Definitions. For purposes of Section 7 of this Agreement, the following terms have the meanings indicated.
1) “Environmental Damages” means all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorneys’ fees and disbursements and consultants’ fees, any of which are incurred at any time as a result of the existence of Hazardous Material, prior to the Closing, upon, about, beneath the Property or migrating or threatening to migrate to or from the Property, or the existence of a violation of Environmental Requirements pertaining to the Property, regardless of whether the existence of such Hazardous Material or the violation of Environmental Requirements arose prior to the present ownership or operation of the Property, except to the extent caused by or resulting from the intentional or negligent action of City while owner of the Property, and including without limitation:
a) Damages for personal injury, or injury to property or natural resources occurring upon or off the Property, foreseeable or unforeseeable, including, without limitation, lost profits, consequential damages, the cost of demolition and rebuilding of any improvements on real property, interest and penalties;
b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such Hazardous Materials or violation of Environmental Requirements including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local government agency or economic use of the Property or any other property in a manner consistent with its current use or otherwise expended in connection with such conditions, and including without limitation any attorneys’ fees, costs and expenses incurred in enforcing this agreement or collecting any sums due hereunder; c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (ii) herein; and d) Diminution in the value of the Property, and damages for the loss of business and restriction on the use of or adverse impact on the marketing of rentable or usable space or of any amenity of the Property.

2) “Environmental Requirements” means all applicable present and future statutes regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including, without limitation:
a) All requirements, including but not limited to those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of Hazardous Materials, chemical substances, pollutants, contaminants, or hazardous or toxic substances, materials or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of chemical substances, pollutants, contaminants, or hazardous or toxic substances, materials or wastes, whether solid, liquid, or gaseous in nature; and
b) All requirements pertaining to the protection of the health and safety of employees or the public.
3) “Hazardous Material” means any substance:
a) the presence of which requires investigation or remediation under any federal, state or local statute, regulation, ordinance, order, action, policy or common law; or b) which is or becomes defined as a “hazardous waste,” “hazardous substances,” pollutant or contaminant under any federal, state or local statute, regulation, rule or ordinance or amendments thereto including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601 et seq.); and/or the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.); or c) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board, agency or instrumentality of the United States, the State of California or any political subdivision thereof; or d) the presence of which on the Property poses or threatens to pose a hazard to the health or safety of persons on or about the Property; or e) which contains petroleum, petroleum products or other hydrocarbon substances; or f) which contains polychlorinated biphenyls (PCB’s), asbestos, urea formaldehyde foam insulation or radon gas.

D. Commitments Survive Closing. The waivers, releases, and obligations of the Parties in this Section 7 shall survive the Closing.

8. DEVELOPER’S ACKNOWLEDGMENT AND GENERAL RELEASE.

A. “AS-IS” Sale. Developer acknowledges and agrees that Developer is purchasing the Property in its “AS-IS” condition, without representation or warranty, express or implied, except as is expressly set forth in this Agreement or in the Grant Deed; provided, however, that the foregoing shall not relieve City from its obligations under applicable law to disclose material facts about the Property known to City within ten (10) calendar days from Opening.

B. Waivers and Releases. Except with respect to the obligations set forth herein, upon the Closing the Parties hereby waive to the maximum legal extent any and all claims, remedies and causes of action for damages, liabilities, losses or injuries related to Developer’s acquisition of the Property or City’s sale of 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 sustained, or may be sustained, as a result of Developer’s purchase of the Property or City’s sale of the Property.

C. California Civil Code Section 1542. The waivers and releases as between the Parties shall include a waiver of the protections of 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 the sale of the Property to Developer, 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.

City’s Initials _______________ ____________Developer’s Initials D. Commitments Survive Closing. The waivers, releases, and obligations of the Parties in this Section 8 shall survive the Closing.

9. REPRESENTATIONS. City and Developer acknowledge that neither 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 in regard to this transaction.

A. City’s Representations. City represents and warrants to Developer as follows: (1) except as otherwise provided in this Agreement, there are no physical or legal facts, circumstances, problems or governmental actions known to City with respect to the Property which, if disclosed to Developer, would materially or adversely impact decisions regarding acquisition and development of the Property; (2) City has no knowledge of any violations of governmental codes, ordinances, regulations or orders with respect to the Property; (3) City has duly authorized, executed and delivered this Agreement and City has or will authorize, execute and deliver, within the times set forth therefore in the Schedule of Performance any and all other agreements and documents required to be authorized, executed and delivered by City in order to carry out, give effect to and consummate the transaction contemplated by this Agreement; (4) City has good and marketable title and at Closing will transfer the Property to Developer free and clear of all liens and encumbrances, (5) except as disclosed by City prior to Closing pursuant to Section 4.E(1), City is unaware of any actual or potential environmental issues on the Property that may result in liability to Developer following Closing, (6) City is unaware of any unrecorded easements, utility lines or pipes upon the Property, and (7) each of the foregoing items (1) through (6) shall be deemed to be an on-going representation and warranty and shall survive in perpetuity. City shall immediately advise Developer in writing, if there is any change pertaining to any matters set forth or referenced in the foregoing items (1) through (6).

B. Developer’s Representations. Developer represents and warrants to City as follows: (1) promptly following the approval of this Agreement by City, Developer will commence work on the Development Entitlements and will diligently pursue the Project to completion in accordance with the Schedule of Performance; (2) Developer has duly authorized, executed and delivered this Agreement and Developer has or will authorize, execute and deliver, within the times set forth therefore in the Schedule of Performance any and all other agreements and documents required to be authorized, executed and delivered by Developer in order to carry out, give effect to and consummate the transaction contemplated by this Agreement; (3) neither this Agreement nor anything provided to be done hereunder by Developer violates or shall violate any contract, agreement, or instrument to which Developer is a party; (4) this Agreement is a valid and binding agreement enforceable against Developer in accordance with its terms, subject to laws relating to bankruptcy and creditor’s rights and generally applicable equitable principles; (5) there is no suit, legal action, administrative arbitration or other proceeding or governmental investigation process which has been served upon Developer or, which to Developer’s best knowledge, is otherwise pending or threatened against Developer in which any party is making or has made a claim or defense that, if sustained, would materially and adversely affect the performance of Developer under this Agreement or materially and adversely interfere with the ability of Developer to consummate the transaction contemplated herein; (6) Developer possesses adequate financial resources, and has the skill and experience to acquire the Property and develop and operate the Project that are contemplated by this Agreement; (7) Developer is entering into this Agreement for the purpose of developing and operating the Property and not for speculation in land holding or land banking; (8) Developer recognizes the fact that the qualifications and identity of Developer are of particular concern to City and that it is because of such qualifications and identity that City is entering into this Agreement with Developer; and (9) each of the foregoing items (1) through

(8) shall be deemed to be an on-going representation and warranty. Developer shall advise the City in writing if there is any change pertaining to any matters set forth or referenced in the foregoing items (1) through (8).

10. TERMINATION, DEFAULTS AND REMEDIES.

A. Termination for Convenience. In the event this Agreement is terminated by either Party for convenience on the grounds permitted in this Agreement, then the Party so terminating shall pay all Title Company termination fees and charges, if any (collectively, “Termination Costs”) and the Deposit shall be returned to Developer minus any Termination Costs due by Developer, unless said termination is by City, in which case there may be no deduction for Termination Costs. Upon such termination, all obligations 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. Termination for Cause Prior to Closing. In the event either Party violates any obligation hereunder which it is obligated to perform prior to the Closing, and fails to cure such violation within fourteen (14) business days after receipt of written notice from the other Party, or if the cure takes longer than fourteen (14) business days, if either Party fails to commence to cure such breach within said 14 day period and diligently pursues the cure without interruption until complete, then, in addition to pursuing any other rights for which the Party may have at law or in equity, the Party may terminate this Agreement and the Escrow by giving notice, in writing, of such termination to the defaulting Party and Title Company. In the event of a termination by City because of a breach by Developer, the Deposit shall be paid to City as liquidated damages for Developer’s failure or breach, as City’s sole and exclusive remedy, and Developer shall be liable for Termination Costs which shall be paid directly by Developer into Escrow with City retaining the entire Deposit. In the event of a termination by Developer because of a breach by City, the entire Deposit shall be returned to Developer, and City shall be liable for the following costs which shall be paid directly by City into Escrow: (i) Termination Costs; and (ii) an amount equal to the reasonable and documented costs and expenses actually incurred and paid by Developer in planning and designing the Project (“Predevelopment Costs”), provided that Predevelopment Costs shall not include overhead costs of Developer, and in no event shall City liability for Predevelopment Costs exceed the total sum of $100,000.00 regardless of the Developer’s actual cost. Upon request by City, Developer shall provide documentary evidence to City demonstrating it incurred and paid the Predevelopment Costs claimed, such as invoices, checks, and/or similar evidence of billing and payment.

IF CLOSING FAILS TO OCCUR SOLELY BECAUSE OF DEVELOPER’S UNCURED

MATERIAL DEFAULT, THE CITY WILL BE DAMAGED AND WILL BE ENTITLED

TO COMPENSATION FOR THOSE DAMAGES, BUT SUCH DAMAGES WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN. EACH PARTY

DESIRES TO LIMIT THE AMOUNT OF DAMAGES FOR WHICH THEY MIGHT BE LIABLE SHOULD IT BREACH THIS AGREEMENT. BOTH DEVELOPER AND CITY

WISH TO AVOID THE COSTS AND LENGTHY DELAYS THAT WOULD RESULT IF

A PARTY FILED A LAWSUIT TO COLLECT ITS DAMAGES FOR A BREACH OF THIS AGREEMENT. IF CLOSING FAILS TO OCCUR BECAUSE OF A DEVELOPER’S

DEFAULT, THEN THE DEPOSIT AND TERMINATION COSTS, AS ALLOCATED

ABOVE, SHALL BE DEEMED TO CONSTITUTE A REASONABLE AND FINAL ESTIMATE OF CITY’S DAMAGES AND SHALL BE RETAINED BY THE CITY AS LIQUIDATED DAMAGES AS THE CITY’S SOLE AND EXCLUSIVE REMEDY FOR

BREACHES OF THIS AGREEMENT THAT RESULT IN A FAILURE OF THE CLOSING.

IF CLOSING FAILS TO OCCUR SOLELY BECAUSE OF CITY’S UNCURED

MATERIAL DEFAULT, THE DEVELOPER WILL BE DAMAGED AND WILL BE

ENTITLED TO COMPENSATION FOR THOSE DAMAGES, BUT SUCH DAMAGES WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN. EACH

PARTY DESIRES TO LIMIT THE AMOUNT OF DAMAGES FOR WHICH THEY MIGHT BE LIABLE SHOULD IT BREACH THIS AGREEMENT. BOTH DEVELOPER

AND CITY WISH TO AVOID THE COSTS AND LENGTHY DELAYS THAT WOULD

RESULT IF A PARTY FILED A LAWSUIT TO COLLECT ITS DAMAGES FOR A BREACH OF THIS AGREEMENT. IF CLOSING FAILS TO OCCUR BECAUSE OF A CITY’S DEFAULT, THEN THE PREDEVELOPMENT COSTS AND TERMINATION

COSTS, AS ALLOCATED ABOVE, SHALL BE DEEMED TO CONSTITUTE A REASONABLE AND FINAL ESTIMATE OF DEVELOPER’S DAMAGES AND SHALL

BE RETAINED BY DEVELOPER AS LIQUIDATED DAMAGES AS THE
DEVELOPER’S SOLE AND EXCLUSIVE MONETARY REMEDY FOR BREACHES OF THIS AGREEMENT THAT RESULT IN A FAILURE OF THE CLOSING.

CITY AND DEVELOPER 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 NONDEFAULTING PARTY 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 DAMAGES OF ANY TYPE OR

NATURE RESULTING FROM UNCURED MATERIAL BREACHES OF THIS

AGREEMENT THAT PREVENT OR RESULT IN A FAILURE OF THE CLOSING, AND SHALL NOT OPERATE TO LIMIT OR OTHERWISE RESTRICT THE PARTIES’ RIGHTS AND REMEDIES RELATING TO OTHER DISPUTES.
__________________ ___________________
DEVELOPER’S INITIALS CITY’S INITIALS
C. City Breach Prior to Closing. In the event City violates any obligation hereunder which it is obligated to perform prior to the Closing, and fails to cure such violation within fourteen (14) business days after receipt of written notice from Developer, or if the cure takes longer than

fourteen (14) business days, if City fails to commence to cure such breach within said 14 day period and diligently pursues the cure without interruption until complete, then, as an alternative to terminating this Agreement and seeking liquidated damages under Section 10.B, Developer may bring an action for specific performance to compel City’s compliance with the terms and conditions of this Agreement.

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 Developer or City 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 10. 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.

E. Developer Breach after Closing and Prior to Completion Certificate. In the event Developer, after Closing and prior to City’s issuance of a Completion Certificate, fails or declines to pursue development of the Project in the manner or times required by this Agreement, or otherwise breaches a material provision hereof, and Developer fails to cure such breach within thirty (30) calendar days after receipt of written notice from City, or if the cure takes longer than thirty (30) calendar days, if Developer fails to commence to cure such breach within said 30 day period and diligently pursues the cure without interruption until complete, then, in addition to pursuing any other rights or remedies which City may have at law or in equity, City may, at City’s option, exercise the rights set forth in this Section 10.E by giving notice, in writing, of such election to Developer.
1) Intentionally Deleted.
2) Option to Repurchase; Reenter and Repossess. Upon an uncured default of Developer described in Section 10.E above, City shall have the alternative right at its option to repurchase, reenter and take possession of any portion of the Property then owned by Developer with all improvements then-existing thereon. From and after the issuance of a Completion Certificate for the Project and the recordation of the Release of Construction Covenants, the remedies set forth in this subsection shall no longer be available to City under any circumstances. The recordation of the Release of Construction Covenants shall be conclusive evidence that the rights under this Section 10.E(2) have been terminated.
(a) Such right to repurchase, reenter and repossess, to the extent provided in this Agreement, shall be subordinate and subject to and be limited by and shall not defeat, render invalid or limit:
(i) Any approved Deed of Trust permitted by this Agreement; or (ii) Any rights or interest provided in this Agreement for the protection of the holder of such Deed of Trust.

(b) To exercise its right to repurchase, reenter and take possession with respect to the Property owned by Developer, City shall pay to Developer in cash an amount equal to:
(i) The Purchase Price paid to City for the Property; plus (ii) The reasonable costs actually expended by Developer in constructing the Project at the time of the repurchase, reentry and repossession; less (iii) Any gains or income withdrawn or made by Developer from the Property; less (iv) The value of any unpaid liens or encumbrances on the Property which City assumes or takes subject to said encumbrances.

F. No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement or provided for under any applicable law, neither Party shall, in any event, be liable to the other Party, either in contract, tort or otherwise, for any consequential, incidental, indirect, special or punitive damages from such other person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the default or alleged breach hereof, whether or not the possibility of such damages has been disclosed to the other party in advance or could have been reasonably foreseen by such other Party.

11. INTENTIONALLY DELETED.

12. 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 City: City of Pico Rivera
ATTN: Director of Community Development
Pico Rivera City Hall
6615 Passons Blvd.,
Pico Rivera, CA 90660
With Copy To: Arnold M. Alvarez-Glasman, City Attorney

ALVAREZ-GLASMAN & COLVIN

13181 Crossroads Pwky North – Suite 400
City of Industry, CA 91746
To Developer: Steven Olivas, Chief Executive Officer

TIERRA MIA COFFEE COMPANY
2108 N Broadway
Los Angeles, CA 90031

13. ENVIRONMENTAL CLEARANCE. City has analyzed the Project and this Agreement as against the requirements of CEQA and found, based on the evidence in the administrative record before it, that sale of the Property to the Developer for the Project, as described in the Preliminary Sate Plan, is categorically exempt from the requirements of CEQA pursuant to Section 15332 (InFill Development Projects) of the CEQA Guidelines (title 14, section 15332 of the California Code of Regulations) because: (a) the Project is consistent with the applicable general plan designation and all applicable general plan polices as well as with all applicable zoning designation and regulations; (b) the Project occurs within City jurisdictional limits and the Property is less than five acres and substantially surrounded by urban uses; (c) the Property has no value, as habitat for endangered, rare or threatened species; (d) approval of this Agreement will not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the Property and Project can be adequately served by all required utilities and public services.

14. MISCELLANEOUS.

A. Inspections, Testing and Right of Entry. Prior to Closing, Developer may conduct, at Developer’s sole expense, such inspections and testing of the Property, including the improvements thereon, as Developer may desire or deem appropriate, in Developer’s sole discretion, to determine the suitability of the Property for Developer’s intended use. In conducting such inspections and testing, the Developer 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 Developer’s inspections and testing; reasonable wear and tear excepted. City hereby grants to Developer 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 testing. During such time while escrow is open, City shall not allow any person(s) other than City to occupy the Property. If City occupies the Property, it shall ensure access to Developer, its authorized employees, representatives, agents and contractors in order to conduct the inspections and testing pursuant to this Section. Developer shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold City harmless from and against any and all claims, liabilities, damages, costs and expenses arising from, related to or caused by, Developer’s entry upon the Property or the performance of any inspection or test conducted by or at the request of Developer or its contractors or agents. The provisions in this Section supersede any previous agreements between Developer and City concerning access to the Property.

B. Confidentiality of Developer’s Information. Subject to City's legal obligations, including under the Public Records Act, City agrees to handle all financial, proprietary, or other confidential information regarding Developer obtained pursuant to this Agreement with strict confidentiality.

Under no circumstance shall City disclose Developer’s financial data to any third party without Developer’s prior written consent, or without reasonable advance notice to Developer if disclosure is required by law or court order. Disclosure of information by City shall not be prohibited if that disclosure is of information that is or becomes a matter of public record or public knowledge as a result of the closing of the transaction or from sources other than City or its agents, employees, contractors, consultants or attorneys.

C. Prohibition Against Transfer, Change in Ownership, Management and Control of Developer. The qualifications and identity of Developer and Developer’s intended use of the Property are of particular concern to the City. It is because of those qualifications, identity, and purpose that City has entered into this Agreement with Developer. No voluntary successor in interest of Developer shall acquire any rights or powers under this Agreement, except as expressly set forth herein, and Developer shall not assign this Agreement or any part thereof without the prior written approval of the City, which approval may be reasonably withheld in the sole and absolute discretion of the City. This covenant shall survive the Closing and expire upon City’s issuance of a Completion Certificate.

D. Conflicts of Interest. No member, official or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any member, official or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. No member, official or employee of the City shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by the City, or for any amount which may become due to the Developer or successor or on any obligations under the terms of this Agreement. The Developer warrants that it has not paid or given, and will not pay or give, any third person any money or other consideration for obtaining this Agreement, nor provided any gift, contribution, income, or other benefit to an official or employee of the City that creates a conflict of interest under California law, except to the extent such conflict was disclosed on the record and avoided (e.g. through the non-participation of the recipient official) in the manner required by law.

E. Brokers and Sales Commissions. City and Developer have not engaged any real estate broker or agent with respect to the transaction which is the subject of this Agreement.

F. Survival of Covenants. Except as otherwise expressly provided herein, the covenants, commitments, representations and warranties of both Developer and City set forth in this Agreement, the Grant Deed, the Construction Covenants, and Surplus Land Act Covenant shall survive the Closing recordation of the Grant Deed, the recordation of the Declaration of Construction Covenants, and the Closing.

G. Required Actions of Developer and City. Developer and City agree to execute such instruments and documents and to diligently undertake such actions as may be reasonably required in order to consummate the purchase and sale herein contemplated and shall use commercially reasonable efforts to accomplish the Closing in accordance with the provisions hereof.

H. 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, legal holiday, or scheduled non-business day of the City, then said date for performance or time period shall expire on the first day thereafter which is not a Saturday, Sunday, legal holiday, or scheduled non-business day of the City.

I. 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.

J. 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.

K. 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.

L. Exhibits and Attachments. The Exhibits attached hereto are hereby incorporated herein by this reference:

Exhibit A – Legal Description of Property
Exhibit B – Grant Deed
Exhibit C – Preliminary Site Plan
Exhibit D – Schedule of Performance
Exhibit E – Declaration of Construction Covenants
Exhibit F – Declaration of Surplus Land Act Covenants
M. 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.

N. 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 Los Angeles.

O. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties hereto.

P. Severability. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected.

Q. 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 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.

R. 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 non-prevailing party shall pay the costs of litigation, including, without limitation, reasonable attorneys' fees and expert witness fees, that may be incurred to enforce the terms, covenants, conditions and provisions of this Agreement, or to prove that no breach or misrepresentation occurred.

S. 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.

T. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Developer and City 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.

U. 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.

V. 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 City and Developer 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]

SIGNATURE PAGE FOR THAT CERTAIN AGREEMENT FOR THE DISPOSITION AND DEVELOPMENT OF REAL PROPERTY DATED AS OF MARCH 11, 2025

BETWEEN THE CITY OF PICO RIVERA AND ROSEMEAD & BEVERLY, LLC CITY: DEVELOPER:

CITY OF PICO RIVERA, a California ROSEMEAD & BEVERLY, a California Municipal corporation limited liability company
By: _____________________________ By: _______________________________ Steve Carmona, City Manager Ulysess Romero, Manager
APPROVED AS TO FORM:

By: ______________________________
City Attorney
ATTEST
By: ________________________
City Clerk

ALL PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )
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.

ALL PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )
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.

Exhibit “A” to Agreement

LEGAL DESCRIPTION OF THE PROPERTY

THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF

CALIFORNIA, COUNTY OF LOS ANGELES, CITY OF PICO RIVERA, AND DESCRIBED AS FOLLOWS:

LOT 118 OF TRACT NO. 16534, IN THE CITY OF PICO RIVERA,

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK423, PAGES 48 TO 50 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY OF RECORDER OF SAID COUNTY.

EXCEPT THEREFROM ALL OIL, GAS AND MINERAL RIGHTS IN

AND UNDER SAID LAND, BUT WITHOUT RIGHTS OF INGRESS AND

EGRESS FOR USE OF THE SURFACE RIGHTS OF SAID LAND, AS

RESERVED TO TITLE INSURANCE AND TRUST COMPANY, A
CORPORATION, IN DEED RECORDED DECEMBER 2, 1954 AS
INSTRUMENT NO. 3312 OF OFFICIAL RECORDS OF SAID COUNTY.

ASSESSOR PARCEL NUMBER 8121-003-902
(END OF LEGAL DESCRIPTION)

Exhibit “B” to Agreement

FORM OF GRANT DEED

GRANT DEED

RECORDING REQUESTED BY
AND WHEN RECORDED, MAIL TO:

City of Pico Rivera
Attn: Director of Community Development
6615 Passons Boulevard
Pico Riva, CA 90660
APN:
(Space Above this Line For Recorder’s Use)

GRANT DEED
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the CITY OF PICO RIVERA, a California municipal corporation (“Grantor”), hereby GRANTS to and ROSEMEAD & BEVERLY, a California limited liability company (“Grantee”), that certain real property at 9003 Beverly Boulevard, City of Pico Rivera, California, 90660, identified as Assessor Parcel Number 8121-003-902 in the Official Records for the County of Los Angeles, and legally described on Exhibit “A” attached hereto and incorporated herein by this reference, together with all right, title and interest of Grantor in and to all buildings and improvements located thereon (“Property”).

THE PROPERTY IS CONVEYED TO GRANTEE SUBJECT TO:
1) Non-delinquent general and special real property taxes, assessments and supplemental assessments, if any, for the current fiscal year;
2) All covenants, conditions, restrictions, encumbrances, agreements, reservations, rights, rights-ofway, 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 ______, 2025, at Pico Rivera, California.

CITY OF PICO RIVERA, a California municipal corporation By: _________________________
Steve Carmona, City Manager

ALL PURPOSE ACKNOWLEDGMENT (CITY)

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )
On ________, before me, _________________, 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.

Exhibit “A” to Grant Deed

LEGAL DESCRIPTION OF THE PROPERTY

THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF

CALIFORNIA, COUNTY OF LOS ANGELES, CITY OF PICO RIVERA, AND DESCRIBED AS FOLLOWS:

LOT 118 OF TRACT NO. 16534, IN THE CITY OF PICO RIVERA, COUNTY OF

LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK423, PAGES 48 TO 50 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY OF RECORDER OF SAID COUNTY.

EXCEPT THEREFROM ALL OIL, GAS AND MINERAL RIGHTS IN AND

UNDER SAID LAND, BUT WITHOUT RIGHTS OF INGRESS AND EGRESS

FOR USE OF THE SURFACE RIGHTS OF SAID LAND, AS RESERVED TO

TITLE INSURANCE AND TRUST COMPANY, A CORPORATION, IN DEED RECORDED DECEMBER 2, 1954 AS INSTRUMENT NO. 3312 OF OFFICIAL RECORDS OF SAID COUNTY.

ASSESSOR PARCEL NUMBER 8121-003-902
(END OF LEGAL DESCRIPTION)
Exhibit “C” to Agreement

PRELIMINARY SITE PLAN
[Attach Preliminary Site Plan Behind This Page]

Exhibit “D” to Agreement

PROJECT SCHEDULE
Item To Be Performed Time to Perform / Deadline
Pre-Closing Escrow Schedule of Performance
Parties Sign Agreement “Effective Date”
City coordinates “Opening” of Escrow Effective Date + 3 days City provides property-related records to
Buyer
Opening + 20 days
City provides preliminary Title Report Effective Date + 30 days City Completes Surplus Land Act Process Opening + 30 days Expiration of Buyer’s Contingency Period Effective Date + 60 days Developer submits applications for
Development Entitlements
Opening + 60 days
Developer applies for ministerial Project
permits
90 days before Closing
Developer submits Financing Plan to City 30 days before Closing Developer in position to pull Project permits At the Closing Deadline to satisfy preclosing conditions
and Close Escrow
Effective Date + 270 days
Post-Closing Development Schedule of Performance
Developer obtains vertical building permits Closing + 90 days Developer commences construction of
Project
Closing + 180 days
Developer substantially completes
construction of Project
Closing + 18 months
Certificate of Completion Closing + 30 months

Exhibit “E” to Agreement

FORM OF DECLARATION OF CONSTRUCTION COVENANTS

RECORDING REQUESTED BY

AND WHEN RECORDED RETURN TO, AND
MAIL TAX STATEMENTS TO:

City of Pico Rivera
Attn: Director of Community Development
6615 Passons Boulevard
Pico Riva, CA 90660
Assessor’s Parcel No.:
(space above for recorders use)

DECLARATION OF CONSTRUCTION COVENANTS
This Agreement and Declaration of Land Use Covenants and Restrictions (“Declaration”) is entered into as of this ___ day of _____, 2025, by and between the CITY OF PICO RIVERA, a California municipal corporation (“City”), and ROSEMEAD & BEVERLY, a California limited liability company (“Developer”), with reference to the following facts:

RECITALS
A. City and Developer have entered into that certain Agreement for the Disposition and Development of Real Property dated ________________, 2025 (“Agreement”), pursuant to which City agreed to sell to Developer and Developer agreed to purchase from City that certain real property located at 9003 Beverly Boulevard, Pico Rivera, California, 90660, identified as Assessor Parcel Number 8121- 003-902 in the Official Records for the County of Los Angeles, and legally described in Exhibit “A” hereto, the “Property”).

B. As a material inducement and part of the consideration for City’s agreement to sell the Property to Developer, and as a condition to the Closing of Escrow under the Agreement, Developer and City agree to the terms and conditions of this Declaration.

NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which is expressly acknowledged, and intending to be legally bound, City and Developer (individually hereinafter at times a “Party” and jointly the “Parties”) agree as follows:

1. DEFINITIONS. All capitalized terms not defined herein shall have the meaning set forth in the Agreement.

2. NOTICE TO INTERESTED PARTIES OF CONSTRUCTION COVENANTS. The Agreement, a copy of which is available for inspection and copying in of the Office of the Pico Rivera City Clerk located at 6615 Passons Boulevard, Pico Rivera, CA, 90660, contains certain development covenants running with title to the Property, including but not limited to those set forth below (all section references are to the

Agreement), with all such development covenants being expressly into this Declaration even if not listed below:

SECTION 5 OF THE AGREEMENT STATES:

5. DEVELOPMENT OF THE PROPERTY
A. The Project. As a material inducement for City’s agreement to sell the Property to Developer, Developer covenants and agrees that after the Closing Developer will develop the Property with the Project. The specific improvements to be included in the Project shall be substantially similar to the “Preliminary Site Plan” attached to this Agreement Exhibit “C”; provided that, notwithstanding the foregoing, the Project to be developed on the Property shall be defined by the Development Entitlements and final building permits.

B. Cost of Development. All costs for engineering, planning, designing, permits, Development Entitlements other approvals, whether imposed by City or another governmental entity with jurisdiction over the project, and developing the Property shall be borne exclusively by Developer. Developer shall also bear all costs related to discharging the duties of the Developer set forth in this Agreement.

C. Changes to Financing Plan. Prior to the issuance of a Completion Certificate for the Project, any material change, modification, revision or alteration of the approved Financing Plan (including but not limited to any amendments or modifications to the Project Budget, Sources and Uses, or commitment from any lender) must first be submitted to and approved by City for conformity to the provisions of this Agreement. All approvals by City may not be unreasonably withheld. If not so approved, the approved Financing Plan shall continue to control. Following the issuance of a Completion Certificate for the Project, Developer shall have no obligation to provide City with information or seek City approval with respect to any financing or refinancing related to the Project, the Property, or any portion thereof.

D. Intentionally Deleted.

E. Schedule of Performance. Promptly after the Closing, and with the exception of Permitted Delays, Developer shall commence construction and thereafter pursue construction without interruption until the Project is complete, as will be signified by a final certificate of occupancy issued by the City for all buildings or improvements that are part of the Project (“Completion Certificate”). Developer shall complete all such planning, design, construction, and opening of the Project in compliance with the deadlines specified in the "Schedule of Performance" attached hereto as Exhibit “D”. The City Manager, in his/her sole and absolute, but reasonable discretion, may grant extension(s) of the Schedule of Performance not exceeding nine (9) months in the aggregate, with any longer extensions of time requiring the approval of City’s governing body (the Pico Rivera City Council). Construction of the improvements and development of the Property as described in the Development Entitlements may, at the sole election of Developer, be completed in different phases; provided that such construction and development is within the time specified in the Schedule of Performance, and that such phased construction is consistent with the CEQA analysis and findings completed for the Development Entitlements.

F. Construction Progress Reports. Until such time as Developer has completed construction of the Project, as evidenced by a Completion Certificate issued by City, Developer shall provide City with quarterly progress reports, or more frequent updates if City reasonably requires, regarding

the status of the construction of the Project, including, upon City request, a statement that the actual construction costs to date reasonably conforms to the Financing Plan.

G. Local, State and Federal Laws. Developer shall own the Property and carry out the construction of the Project in conformity with all applicable laws, including all applicable federal, state or local laws, rules or standards, provided, however, Developer and its contractors, successors, assigns and transferees, and lessees are not waiving their rights to contest any such laws, rules or standards. Developer agrees to indemnify, hold harmless and defend the City, its officers, employees, contractors and agents against any claim, action, proceeding, liability, damages, expenses, attorney fees, expert fees or other costs arising out of Developer's obligations under this subsection, provided the foregoing indemnity shall not apply to any of the foregoing matters to the extent caused by any willful or negligent conduct of the City or its agents, servants, employees or contractors.

H. Taxes, Assessments, Encumbrances and Liens. After Closing, Developer shall pay when due all real estate taxes and assessments on the Property levied subsequent to a conveyance of title to the Property. Developer shall not place or allow to be placed on the Property or any part thereof, any mortgage, trust deed, encumbrance or lien unauthorized by this Agreement. Developer shall remove or have removed any lien on any of the Property or portion thereof or assure the satisfaction thereof within a reasonable time, but in any event prior to a sale thereunder. Notwithstanding the foregoing, if Developer or a successor, transferee, assignee, or tenant contests the validity or grant of any recorded lien or tax assessment, and Developer, successor, transferee, assignee or tenant shall notify the City that it intends to contest the same, and any payment due to clear the lien or assessment shall be made immediately upon final resolution of any such contest.

I. Rights of Access. For the purposes of monitoring compliance with this Agreement or to inspect the work being performed in constructing the Project, representatives of City shall have the reasonable right of access to the Property without charges or fees, at normal construction hours during the period of construction, so long as said access only occurs after City provides Developer not less than one (1) business day’s written notice of their intent to access the Property, and so long as said access does not interfere with or delay construction activities.

J. Declaration of Construction Covenants. At the time of execution of the Agreement, City and Developer shall also sign the Declaration of Construction Covenants in the form attached in Exhibit “E” (“Construction Covenants”). Escrow shall record the Construction Covenants on the Property at the Closing. Following Developer’s completing construction of the Project, and after City’s issuance of Completion Certificate, City shall, at Developer’s request, execute and provide to Developer a standard form release and reconveyance of the Construction Covenants which Developer may record on the Property (“Release of Construction Covenants”). The terms and conditions included in the Construction Covenants are expressly incorporated into this Agreement and shall survive the Closing and endure until released.

K. Permitted Delays. The time within which either Party shall be required to perform any act under this Agreement shall be extended by a period of time equal to the number of days during which performance of such act is delayed unavoidably and beyond the reasonable control of the Party seeking the delay by a Force Majeure event (each a “Permitted Delay”). An extension of time for any such cause shall be for the period of the Permitted Delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within sixty (60) days of the commencement of the cause. If notice is sent after such sixty (60) day period, then the extension shall commence to run no sooner than sixty (60) days prior to the giving of such notice. Times of performance under this Agreement may also be

extended in writing by the mutual agreement of the City Manager and Developer. Developer’s inability or failure to obtain financing shall not be deemed to be a cause outside the reasonable control of the Developer and shall not be the basis for a Permitted Delay.

SECTION 6 OF THE AGREEMENT STATES:

6. LIENS AND MORTGAGES
A. No Encumbrance Except for Development Purposes. Mortgages and deeds of trust, or any other reasonable method of security for appropriate modes of financing real estate construction and land development (“Deed of Trust”) are permitted to be placed upon Developer’s fee interest in the Property, but only for the purpose of securing construction loans approved by City pursuant to the approved Financing Plan. Developer shall notify the City in advance of any form of financing that is secured by a Deed of Trust if Developer proposes to enter into the same before issuance of a Release of Construction Covenants. The limitations in this paragraph shall expire following City’s issuance of a Completion Certificate.

B. Holder Not Obligated to Construct Improvements. The holder of any mortgage, Deed of Trust, or other conveyance authorized by this Agreement shall in no way be obligated by the provisions of this Agreement to construct or complete the Project or to guarantee such construction or completion. Nothing in this Agreement shall be deemed to construe, permit, or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided for or authorized by this Agreement.

C. Notice of Default to Deed of Trust Holders; Right to Cure. Whenever City shall deliver any written notice or written demand to Developer, with respect to any alleged breach or default by Developer following the Closing, the City shall, at the same time, deliver to each holder of record of any financing instrument authorized by this Agreement who has requested in writing said notices from the City, a copy of such written notice or demand. Each such holder shall (insofar as the rights of City are concerned) have the right, at its option after the receipt of the notice or Developer’s cure period, if any, to cure or remedy any such default if the right to cure is provided under the terms of the security interest. The time for a holder to cure shall be extended, if the holder has undertaken steps to cure, in which case such time will be extended for as long as holder reasonably needs, providing the holder is acting diligently. Nothing contained in this Agreement shall be deemed to permit or authorize such holder to undertake or continue the construction or completion of the Project (beyond the extent necessary to conserve or protect the improvements or construction already made) without first having expressly assumed Developer's remaining obligations to City by written agreement satisfactory to City. In that event, the holder must agree to complete, in the manner provided in this Agreement, the Project to which the lien or title of such holder relates, and submit satisfactory evidence to City that it possesses the qualifications and financial resources necessary to perform such obligations. Any such holder properly completing the Project shall be entitled, upon written request made to City, to a Release of Construction Covenants from the City.

D. Failure of Holder to Complete Improvements. In any case of an uncured default by Developer in completion of construction of improvements under this Agreement, if the holder of any Deed of Trust creating a lien or encumbrance upon the Property or any part thereof has not thereafter timely exercised the option to construct, or if it has exercised the option and has not thereafter proceeded with construction in the manner required by this Agreement, City may purchase the Deed of Trust by payment to the holder of the amount of the unpaid debt. If the ownership of the Property or any party has been vested in the holder, City, if it so desires, shall be

entitled to a conveyance of the Property, or any part of the Property, from the holder to City upon payment to the holder of an amount equal to the sum of the following:
5) Unpaid Deed of Trust, mortgage, deed of trust or other security interest debt at the time title became vested in the holder (less all appropriate credits, including those resulting from collection by lender and application of rentals and income received during foreclosure proceedings).
6) All reasonable expenses with respect to foreclosure. 7) The net expenses, if any (exclusive of overhead), incurred by the holder as a direct result of the City approved subsequent management of the Project or part thereof. 8) The cost or value, whichever is less, of any City approved improvements made by such holder.

E. Right of City to Cure Deed of Trust Default. In the event of an uncured material default by Developer of any Deed of Trust prior to recordation of a Release of Construction Covenants, and the holder of any such security interest has not exercised its option to complete the Project, after another advance written demand to Developer and the holder of such security interest, that the default must be cured within an additional 30 days, City may cure the default prior to completion of any foreclosure. In such event, City shall be entitled to reimbursement from Developer of all costs and expenses incurred by City in curing the default. City shall also be entitled to a lien upon the Property to the extent of such costs and disbursements. Any such lien shall be subject to mortgages, deeds of trust or other security instruments executed for the sole purpose of obtaining funds to purchase and develop the Property as authorized herein.

F. Rights of City to Satisfy Other Liens on the Property After Title Passes. After the conveyance of title of the Property to Developer, and after Developer has had reasonable time to challenge, cure or satisfy any liens or encumbrances on the Property, or any part thereof, the City shall have the right to satisfy any such liens or encumbrances, provided however, that nothing in this Agreement shall require Developer to pay or make provision for the payment of any tax, assessment, lien or charge as long as the Developer shall in good faith contest the validity or amount thereof, and provided such delay in payment shall not subject the Property, or part thereof, to forfeiture or sale.

G. Estoppel. City shall from time to time, within fifteen (15) calendar days following the receipt of a request by Developer or the holder of any Deed of Trust or other security interest affecting the Property, deliver to Developer or such holder a written statement executed by City in form and substance reasonably satisfactory to Developer and such holder, (i) stating that this Agreement is in full force and effect and has not been modified or amended (or if modified or amended, setting forth all modifications and amendments), (ii) stating whether or not to the best knowledge of City, Developer is in default under this Agreement and if Developer is in default, setting forth the specific nature of all such defaults, and (iii) as to any other matters reasonably requested by Developer or such holder. City acknowledges that any statement delivered pursuant to this subsection may be relied upon by any purchaser or owner of all or a portion of the Property and/or any improvements thereon or by the holder of such deed of trust or security interest or by any assignee of such holder or anyone claiming by, under or through such holder.

SECTION 10.E OF THE AGREEMENT STATES:

E. Developer Breach after Closing and Prior to Completion Certificate. In the event Developer, after Closing and prior to City’s issuance of a Completion Certificate, fails or declines to pursue development of the Project in the manner or times required by this Agreement, or otherwise breaches a material provision hereof, and Developer fails to cure such breach within thirty (30) calendar days after receipt of written notice from City, or if the cure takes longer than thirty (30) calendar days, if Developer fails to commence to cure such breach within said 30 day period and diligently pursues the cure without interruption until complete, then, in addition to pursuing any other rights or remedies which City may have at law or in equity, City may, at City’s option, exercise the rights set forth in this Section 10.E by giving notice, in writing, of such election to Developer.
1) Intentionally Deleted.
2) Option to Repurchase; Reenter and Repossess. Upon an uncured default of Developer described in Section 10.E above, City shall have the alternative right at its option to repurchase, reenter and take possession of any portion of the Property then owned by Developer with all improvements then-existing thereon. From and after the issuance of a Completion Certificate for the Project and the recordation of the Release of Construction Covenants, the remedies set forth in this subsection shall no longer be available to City under any circumstances.

The recordation of the Release of Construction Covenants shall be conclusive evidence that the rights under this Section 10.E(2) have been terminated. (a) Such right to repurchase, reenter and repossess, to the extent provided in this Agreement, shall be subordinate and subject to and be limited by and shall not defeat, render invalid or limit:
(i) Any approved Deed of Trust permitted by this Agreement; or (ii) Any rights or interest provided in this Agreement for the protection of the holder of such Deed of Trust.
(b) To exercise its right to repurchase, reenter and take possession with respect to the Property owned by Developer, City shall pay to Developer in cash an amount equal to:
(i) The Purchase Price paid to City for the Property; plus (ii) The reasonable costs actually expended by Developer in constructing the Project at the time of the repurchase, reentry and repossession; less (iii) Any gains or income withdrawn or made by Developer from the Property; less (iv) The value of any unpaid liens or encumbrances on the Property which City assumes or takes subject to said encumbrances.

4. TERM OF DECLARATION. This Declaration and City’s rights and remedies set forth herein and the Agreement shall expire and terminate upon the issuance of a final certificate of occupancy for the Project. Following the issuance of such final certificate of occupancy City shall execute a standard form release and reconveyance that may be recorded by Developer to remove this Declaration from title.

5. MISCELLANEOUS
(a) Recording. This Declaration shall be recorded as a condition of and at the Closing of Escrow for Developer’s purchase of the Property from City, and shall be recorded junior only to the grant deed by which Developer takes title except as subordination to construction financing contemplated in the Agreement.
(b) Amendments. This Declaration may be amended or modified only by a written instrument signed by both Parties and recorded in the Official Records of Los Angeles County. (c) No Waiver. Any waiver by City of any term or provision of this Declaration must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Declaration or applicable law. No failure or delay by City at any time to require strict performance by Developer of any provision of the Agreement or this Declaration or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election. (d) Notices. 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 City: City of Pico Rivera
ATTN: Director of Community Development
Pico Rivera City Hall
6615 Passons Blvd.,
Pico Rivera, CA 90660
With Copy To: Arnold M. Alvarez-Glasman, City Attorney

ALVAREZ-GLASMAN & COLVIN
13181 Crossroads Pwky North – Suite 400
City of Industry, CA 91746
To Developer: Steven Olivas, Chief Executive Officer

TIERRA MIA COFFEE COMPANY
2108 N Broadway
Los Angeles, CA 90031
(e) Action by City. Except as may be otherwise specifically provided herein or limited by law, whenever any approval, notice, direction, consent or request by City is required or permitted under this Declaration, such action shall be in writing, and such action may be given, made or taken by the City

Manager or by any person who shall have been designated by the City Manager, without further approval by the City Council.
(f) Governing Law; Venue. This Declaration shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Los Angeles County, California. (g) Attorneys’ Fees and Costs. If any legal or administrative action is brought to interpret or enforce the terms of this Declaration, the prevailing party shall be entitled to recover all reasonable attorneys’ fees and costs incurred in such action.
(h) Severability. If any provision of this Declaration is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.

IN WITNESS WHEREOF, the Parties have executed this Agreement and Declaration of Restrictive Covenants as of the date first written above.

CITY: DEVELOPER:

CITY OF PICO RIVERA, a California municipal ROSEMEAD & BEVERLY, a California corporation limited liability company
By: __________________________ By: _____________________ Steve Carmona, City Manager Ulysses Romero, Manager

ALL PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )
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 __________________________
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.

ALL PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )
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 __________________________
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.

Exhibit “A” to Declaration of Construction Covenants

LEGAL DESCRIPTION OF THE PROPERTY

THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF

CALIFORNIA, COUNTY OF LOS ANGELES, CITY OF PICO RIVERA, AND DESCRIBED AS FOLLOWS:

LOT 118 OF TRACT NO. 16534, IN THE CITY OF PICO RIVERA, COUNTY OF

LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK423, PAGES 48 TO 50 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY OF RECORDER OF SAID COUNTY.

EXCEPT THEREFROM ALL OIL, GAS AND MINERAL RIGHTS IN AND

UNDER SAID LAND, BUT WITHOUT RIGHTS OF INGRESS AND EGRESS

FOR USE OF THE SURFACE RIGHTS OF SAID LAND, AS RESERVED TO

TITLE INSURANCE AND TRUST COMPANY, A CORPORATION, IN DEED RECORDED DECEMBER 2, 1954 AS INSTRUMENT NO. 3312 OF OFFICIAL RECORDS OF SAID COUNTY.

ASSESSOR PARCEL NUMBER 8121-003-902
(END OF LEGAL DESCRIPTION)

Exhibit “F” to Agreement

FORM OF DECLARATION OF SURPLUS LAND ACT COVENANTS

RECORDING REQUESTED BY

AND WHEN RECORDED RETURN TO, AND
MAIL TAX STATEMENTS TO:

City of Pico Rivera
Attn:
[TO BE ADDED]
Assessor’s Parcel No.:
(space above for recorder’s use)

DECLARATION OF SURPLUS LAND ACT COVENANTS
This Declaration of Surplus Land Act Covenants (“Declaration”) is entered into as of this ___ day of _____, 2025, by and between the CITY OF PICO RIVERA, a California municipal corporation (“City”), and ROSEMEAD & BEVERLY, a California limited liability company (“Buyer”), with reference to the following facts:

RECITALS
A. City and Developer have entered into that certain Agreement for the Disposition and Development of Real Property dated ____________, 2025 (“Purchase Agreement”), pursuant to which City agreed to sell to Developer and Developer agreed to purchase from City that certain real property located at 9003 Beverly Boulevard, 90660, identified as Assessor Parcel Number 8121-003-902 in the Official Records for the County of Los Angeles, and legally described in Exhibit “A” hereto, the “Property”).

B. In compliance with the California Surplus Land Act (Gov’t Code § 54220 et seq., the “SLA”), and specifically Section 54233 thereof, Developer and City agree to the terms and conditions of this Declaration and direct it to be recorded on Property as a condition precedent to the Closing of Escrow under the Agreement.

NOW THEREFORE, City and Developer (individually hereinafter at times a “Party” and jointly the “Parties”) agree as follows:

1. DEFINITIONS. All capitalized terms not defined herein shall have the meaning set forth in the Purchase Agreement, a copy of which is available for inspection and copying at the Offices of the City Clerk located at 6615 Passons Blvd, Pico Rivera, CA 90660.

2. RESTRICTIVE COVENANT. The Property is subject to a restrictive covenant that if ten (10) or more residential units are developed on the Property, not less than 15 percent of the total number of residential units developed on shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of 55 years for rental housing and 45 years for ownership housing from the date of

recordation of this Grant Deed. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of Section 65915 of the California Government Code. These requirements shall be covenants or restrictions running with the land and shall be enforceable against any owner who violates a covenant or restriction and each successor-in-interest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code.

3. TERM OF DECLARATION. This Declaration shall expire and terminate only upon: (1) the final order of a court of competent jurisdiction; (2) future changes or amendments to the SLA or California law that make or render this Declaration unenforceable; or (3) future changes or amendments to the SLA or California law that repeal the requirement for public agencies to record this restrictive covenant on real property as a condition precedent to disposing of it.

4. MISCELLANEOUS
(i) Recording. This Declaration shall be recorded as a condition of and at the Closing of Escrow for Developer’s purchase of the Property from City and shall be recorded junior only to the grant deed by which Developer takes title.
(j) Binding on Successors. This Declaration shall run with the land and be binding upon and shall inure to the benefit of the Parties and their successors and assigns for the term hereof. (k) Amendments. This Declaration may be amended or modified only by a written instrument signed by both Parties and recorded in the Official Records of Los Angeles. (l) No Waiver. Any waiver by City of any term or provision of this Declaration must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Declaration or applicable law. No failure or delay by City at any time to require strict performance by Developer of any provision of the Agreement or this Declaration or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election. (m) Notices. 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 City: City of Pico Rivera
ATTN: Director of Community Development
Pico Rivera City Hall
6615 Passons Blvd.,
Pico Rivera, CA 90660

With Copy To: Arnold M. Alvarez-Glasman, City Attorney

ALVAREZ-GLASMAN & COLVIN
13181 Crossroads Pwky North – Suite 400
City of Industry, CA 91746
To Developer: Steven Olivas, Chief Executive Officer

TIERRA MIA COFFEE COMPANY
2108 N Broadway
Los Angeles, CA 90031
(n) Action by City. Except as may be otherwise specifically provided herein or limited by law, whenever any approval, notice, direction, consent or request by City is required or permitted under this Declaration, such action shall be in writing, and such action may be given, made or taken by the City Manager or by any person who shall have been designated by the City Manager, without further approval by the City Council.
(o) Governing Law; Venue. This Declaration shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Los Angeles County, California. (p) Attorneys’ Fees and Costs. If any legal or administrative action is brought to interpret or enforce the terms of this Declaration, the prevailing party shall be entitled to recover all reasonable attorneys’ fees and costs incurred in such action.
(q) Severability. If any provision of this Declaration is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.

IN WITNESS WHEREOF, the Parties have executed this Agreement and Declaration of Restrictive Covenants as of the date first written above.

DEVELOPER: CITY:

ROSEMEAD & BEVERLY, a
California limited liability company
By: _____________________________
Ulysses Romero, Manager

PICO RIVERA, a California municipal
corporation
By: _______________________________
Steve Carmona, City Manager

ALL PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )
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 __________________________
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.

ALL PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )
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 __________________________
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.

Exhibit A to SLA Covenant

LEGAL DESCRIPTION OF THE PROPERTY

THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF

CALIFORNIA, COUNTY OF LOS ANGELES, CITY OF PICO RIVERA, AND DESCRIBED AS FOLLOWS:

LOT 118 OF TRACT NO. 16534, IN THE CITY OF PICO RIVERA, COUNTY OF

LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK423, PAGES 48 TO 50 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY OF RECORDER OF SAID COUNTY.

EXCEPT THEREFROM ALL OIL, GAS AND MINERAL RIGHTS IN AND

UNDER SAID LAND, BUT WITHOUT RIGHTS OF INGRESS AND EGRESS

FOR USE OF THE SURFACE RIGHTS OF SAID LAND, AS RESERVED TO

TITLE INSURANCE AND TRUST COMPANY, A CORPORATION, IN DEED RECORDED DECEMBER 2, 1954 AS INSTRUMENT NO. 3312 OF OFFICIAL RECORDS OF SAID COUNTY.

ASSESSOR PARCEL NUMBER 8121-003-902
(END OF LEGAL DESCRIPTION)
To: Mayor and City Council
From: City Manager
Meeting Date: March 11, 2025
Subject: AMENDMENT NO. 4 TO PROFESSIONAL SERVICES
AGREEMENT NO. 23-2224 WITH WARE MALCOMB FOR

THE CITY HALL COUNCIL CHAMBERS REHABILITATION
IMPROVEMENT PROJECT (CIP NO. 50074)
Recommendation:

1. Approve Amendment No. 4 to Professional Services Agreement No. 23-2224 with Ware Malcomb for an additional amount of $8,540, increasing the total contract amount not-to-exceed $144,495, to provide estimating and bidding support services for the City Hall Council Chambers Rehabilitation Improvement Project CIP No. 50074, (Project); and

2. Authorize the City Manager or his designee to execute the amendment in a form approved by the City Attorney.

Fiscal Impact:

Sufficient funding is available in the fiscal year (FY) 2024-25 Amended Budget, within the Capital Improvement Project Fund (Account No. 400.70.7300-54500-CIP50074). No additional appropriations are needed at this time. Future funding for construction will be requested at a subsequent meeting.

Discussion:

On September 24, 2024, the City Council approved Amendment No. 3 to Ware Malcomb’s Professional Services Agreement 23-2224 for an additional $5,980, increasing the total notto-exceed amount to $135,955. That amendment covered additional structural and mechanical design services.
6 CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 11, 2025 AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT NO. 23-2224 WITH

WARE MALCOMB FOR THE CITY HALL COUNCIL CHAMBERS REHABILITATION IMPROVEMENT PROJECT (CIP NO. 50074)