income households and is located within one-half mile of a major transit stop, it qualifies for a bonus of essentially unlimited density (Gov. Code, § 65915, subd. (f)(3)(D)(ii)), four incentives or concessions as well as height increases up to three additional stories (id., subd. (d)(2)(D)), and waivers or reductions of development standards (id., subd. (e)). While current MMC limits the maximum number of bedrooms to 34, SDBL provides relief from this limitation, and the 117 bedrooms proposed in Phase I are allowed. Phase II is expected to provide 35 percent of its units as affordable to very low-income households and therefore would qualify for a density bonus of up to a 50 percent above the maximum allowable density (Gov. Code, § 65915, subd. (f)(1)), three incentives or concessions (id., subd. (d)(2)(C)), and waivers or reductions of development standards as well (id., subd. (e)).
In addition, SDBL includes parking incentives as well. While current MMC sets a minimum parking requirement of 147 spaces, SDBL would allow as few as 32 parking spaces for this project in Phase I because it is located within one-half mile of a major transit stop. (Gov. Code, § 65915, subd. (p)(2)(A).) The Project proposes 66 parking spaces (more than double what SDBL would allow) in Phase I.
HCD would like to remind the City that the State of California is in a housing crisis and the provision of affordable housing is a priority of the highest order. Further, SDBL requires a local government, if requested, to grant an increase in the allowable units to the development in excess of what would otherwise be allowed under the local government’s zoning and general plan. Moreover, the local government must grant incentives or concessions to reduce costs associated with the development and waivers or reductions of development standards so that the project can achieve the maximum densities allowed under Density Bonus Law. (Gov. Code, § 65915, subd. (b)(1).)
In sum, HCD supports the proposed amendments and approvals as set forth in the Staff Report as these would enable development of the 6
th Street Grand affordable housing project. If you
have any questions or need additional technical assistance, please contact John Buettner, of our staff, at [email protected].
Sincerely,
Shannan West
Housing Accountability Unit Chief
cc: Joseph Palombi, City of Montebello Planning Department
ITEM NO. 12 - ADOPT RESOLUTION
21-92 APPROVING VESTING
TENTATIVE TRACT MAP (VTTM)
1 Angelina Padilla
From: Tamy Townsend <[email protected]>
Sent: Wednesday, November 10, 2021 3:25 PM
To: comment, ccpublic
Subject: City Council Agenda Item 12 (VTTM No. 82725)
Follow Up Flag: Follow up
Flag Status: Flagged
Dear City Council:
I ask that you not approve Item 12 on your agenda for tonight because the project is not exempt from CEQA review. The map does not conform to the specific plan that was previously approved and subjected to CEQA review (Guidelines 15182(c)(1)), and there are changed circumstances and new information but no subsequent or supplemental EIR has been prepared (Guidelines 15182(c)(2).
Thank you.
Tamy T.
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Angelina Padilla
From: Michael W. Popoff <[email protected]>
Sent: Wednesday, November 10, 2021 3:30 PM
To: comment, ccpublic
Cc: Linda Strong; James Flournoy
Subject: Agenda Item 12
Follow Up Flag: Follow up
Flag Status: Flagged
Please read this in its entirety to the city council.
Honorable Mayor and councilmembers, Agenda Item 12 should be held over until the next meeting because it was not properly noticed or described in the agenda. There is NO mention of the tract map being for the Montebello Hills condo development, NO mention of the Metro development name, NO mention of Toll Brothers.
The agenda item appears to have been deliberately designed to be unintelligible to the residents, and is an obvious effort to keep the public from commenting on this dangerous and costly to the city budget development.
Yours truly, Michael W. Popoff, 55+ year resident.
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
ITEM NO. 13 - Cesar Chavez
Foundation
1 Angelina Padilla
From: John Velasco <[email protected]>
Sent: Tuesday, November 9, 2021 10:53 PM
To: comment, ccpublic
Subject: Proposed mixed use affordable housing project by Cesar Chavez Foundation Follow Up Flag: Follow up
Flag Status: Flagged
Madame Mayor, Mayor Pro Tem and Council members,
I would like to voice my support for the affordable housing project proposed by the Chavez Foundation and on the agenda for the 11/10 council meeting.
I am extremely impressed by the plans for this quality development. The proposed amenities are attributable in no
small part due to the non‐profit developing this property. This project will be a jewel in Montebello’s housing stock.
PleAse vote in favor of this project; our community needs it.
Best,
John Velasco
V.P. & Director
Heart of Compassion
‐‐‐
***PLEASE DO NOT CLICK ON UNKNOWN LINKS.
Contact Montebello IT Division if you are unsure.***
ITEM NO. 24 - Sole Source
Letter below submitted twice by Anthony
Morelli and Cynthia Powell
November 10, 2021 Via electronic email: [email protected] Honerable Mayor Kimberly Cobos-Cawthorne and City Council Members City of Montebello
1600 W. Beverly Blvd
Montebello, CA 90640
Re: November 10, 2021, City Council Consent Agenda item #24 Consideration of “Sole Source” determination in anticipation of awarding a Design-Build Contract for the Montebello Golf Course Driving Range Project Dear Mayor Cobos-Cawthorne and City Council Members:
The Construction Industry Force Account Council (CIFAC) is a construction industry supported non-profit organization dedicated to Public Contract Code compliance and education. We promote competitive bidding on public works construction projects by using a fair, transparent and objective process.
In reviewing the November 10, 2021 City Council Agenda, specifically item #24 (noted above) CIFAC is very concerned that the City of Montebello appears to be attempting to dispense with normal, required and proven bidding practices as outlined in the Public Contract Code and the California Uniform Construction Cost Accounting Act, which the City of Montebello elected to become subject to on February 12, 2020.
The City should not limit itself by accepting only one contractor as a “sole source” to build this project. CIFAC believes that city staff may be misguided in their belief that there is only one contractor who could perform this type of project. By doing so, the city forgoes the financial benefits of the competitive bidding process. Certainly the use of
a traditional Design-Build method to procure this project would result in the City receiving favorable bid quotes from construction firms who have the experience and/or specializes in golf related projects and amenities.
CIFAC is asking the Montebello City Council to please not “rush-to-judgement” in considering or moving forward in approving a “sole source” procurement process at this time. We believe that more time is needed to properly evaluate the benefits of the Design-build procurement process for large caliber projects such as this.
After all, many Municipalities use this method to procure their large projects every day and would never consider limiting themselves to accept just one firms quote and proposal. We would also like to point out the intent of competitive bidding laws, as described in the Public Contract Code below:
Public Contact Code § 100
The Legislature finds and declares that placing all public contract law in one code will make that law clearer and easier to find. Further, it is the intent of the Legislature in enacting this code to achieve the following objectives:
(a) To clarify the law with respect to competitive bidding requirements. (b) To ensure full compliance with competitive bidding statutes as a means of protecting the public from misuse of public funds.
(c) To provide all qualified bidders with a fair opportunity to enter the bidding process, thereby stimulating competition in a manner conducive to sound fiscal practices. (d) To eliminate favoritism, fraud, and corruption in the awarding of public contracts.
Thank you for your time and consideration. Please contact me if you have any questions at (805) 419-1543.
Sincerely,
Anthony Morelli
Southwestern
Regional Compliance Manager
Construction Industry Force Account Council
[email protected]
www.CIFAC.org
(805) 419-1543 Cell
CC Andrea Matsuoka, Weinberg, Roger and Rosenfeld
1 Angelina Padilla
From: Anthony Morelli <[email protected]>
Sent: Wednesday, November 10, 2021 3:06 PM
To: comment, ccpublic
Cc: Michelle Pickens; [email protected]; Andrea Matsuoka Subject: Nov. 10th City Council Agenda Public Comment
Attachments: CIFAC Ltr Montebello Sole Source Contract Golf Course.docx Importance: High
Follow Up Flag: Follow up
Flag Status: Completed
Mayor Cobos‐Cawthorne and City Council Members
City Clerk and City Manager
Re: Item#24 on the Nov. 10, 2021 City Council Agenda
Please find our (Attached) letter and public comments regarding this agenda item.
Please have it read and accepted into the record for the Nov. 10, 2021 City Council meeting.
Thank you,
Ant
hony “Tony” Morelli
Southwestern Regional Compliance Manager
Construction Industry Force Account Council ‐ CIFAC
P.O. Box 2442, Camarillo, CA 93011‐2442
M: (805) 419‐1543 | F: (805) 301‐8002
[email protected] www.cifac.org
Right-click here to download pictures. To help p ro tect your privacy, Outlook prevented automatic download of this picture from the Internet. http://cifac.org/wp-content/uploads/2019/06/CIFAC-Logo328x108.png “This message (i
ncluding any attachments) contains business proprietary/confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message, and all attachments from your computer or email server. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, without the express permission of the originato r, is strictly prohibited.”
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS.
Contact Montebello IT Division if you are unsure.***
1 Angelina Padilla
From: Cynthia Powell <[email protected]>
Sent: Wednesday, November 10, 2021 3:28 PM
To: [email protected]
Cc: [email protected]; comment, ccpublic; Andrea Matsuoka Subject: Letter Regarding Agenda Item #24
Attachments: Letter_to_Alvarez-Glasman_Montebello_Driving_Range_11_10_21.DOCX Follow Up Flag: Follow up
Flag Status: Completed
Dear Mr. Alvarez‐Glasman,
Attached please find a letter regarding Agenda Item No. 4 to you from Ms. Andrea C. Matsuoka regarding the above‐ noted matter.
Should you have any difficulty opening the attachment, please do not hesitate to contact me at this office.
Sincerely,
Cynthia L. Powell
Legal Secretary
, OPEIU Local 29 afl‐cio(1)
Weinberg Roger & Rosenfeld
431 I Street, Suite. 202
Sacramento, CA 95814
(916) 443‐6600; (916) 442‐0244 fax
[email protected]
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
AGENDA & NON-AGENDA
SPEAKER CARDS
CITY OF MONTEBELLO CITY COUNCIL AND SUCCESSOR
AGENCY JOINT REGULAR MEETING AGENDA
M I N U T E S
WEDNESDAY, JANUARY 12, 2022 AT 5:00 P.M.
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
OPENING CEREMONIES
CALL TO ORDER – Mayor Cobos-Cawthorne called the meeting to order at 5:02 p.m.
ROLL CAL L – Members present were Mayor Cobos -Cawthorne, Mayor Pro Tem Jimenez, Councilmember Peralta, Councilmember Melendez, and Councilmember Torres. City Clerk Jimenez and Treasurer Gutierrez were also present.
STAFF PRESENT – City Attorney Arnold Alvarez -Glasman, City Manager René Bobadilla, Assistant City Manager Arlene Salazar, Deputy City Clerk Al icia Fernandez, Assistant to Dep uty City Clerk Kimberly Guillen, and Records Coordinator Angelina Padilla.
PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
The City Clerk’s office acknowledged one (1) speaker card; no written comments were submitted to the City’s public comment email address. Said speaker card is on file at the City Clerk’s office.
CLOSED SESSION – 5:30 P.M.
Mayor Cobos -Cawthorne recessed the meeting into Closed Session at 5:07 p.m. to consider the following closed session items:
1. THREAT TO PUBLIC SERVICES OR FACILITIES
Government Code Section 54957
Consultation with City Manager, Police Chief, City Attorney and other related City officials.
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Eddie Loussararian and John Loussararian, Jr. vs. City of Montebello, et al.
Los Angeles Superior Court Case No. 19STCV36756
January 12, 2021: Joint City Council & Successor Agency Meeting Minutes Page 2 of 10
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Threat of litigation – One matter related to the CVRA
4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4)
Initiation of litigation – Two cases
REGULAR SESSION – 6:00 P.M.
CLOSED SESSION REPORT
Mayor Cobos -Cawthorne reconv ened the meeting at 6:14 p.m. During Closed Session the City Council received a briefing on Item No. 1, no action taken; nothing to report. The City Council received a briefing on Item No. 2, direction was provided regarding a possible resolution of these matters and unanimous direction was provided. The City Council received a briefing on Item No. 3, no action was taken but it was decided that a Special Meeting , as defined by City Council , will be held in the near future with this being the only Closed Session to be discussed. The City Council received a unanimous decision to execute the required documents to have the City participate in the National Opioid settlement matters.
INVOCATION – Pastor Sebastian Petz, Montebello Christian
PLEDGE OF ALLEGIANCE – Carlos Larios
CORRECTIONS TO THE AGENDA – CITY MANAGER – Item 6, under the Presentation S ection of the meeting was postponed to a future meeting.
CEREMONIAL/PRESENTATIONS
5. RECOGNITION OF CITIZEN OF THE MONTH – PASTOR ERIC TIETZE, HEARTS OF COMPASSION – Presented by Mayor Cobos-Cawthorne
6. RECOGNITION OF M&M FOR FIRE TRAINING SUPPORT – this item was postponed to a future meeting
7. RECOGNITION OF GATEWAY CITIES ENERGY ACTION AWARD – Presented by Mayor Cobos- Cawthorne
8. RECOGNITION OF SAN GABRIEL COUNCIL OF GOVERNMENTS AWARD – Presented by Mayor Cobos-Cawthorne
9. RECOGNITION OF MO NTEBELLO BUS LINE’S 90 TH ANNIVERSARY – Presented by Mayor Cobos-Cawthorne
10. RECOGNITION OF HUMAN TRAFFICKING AWARENESS MONTH – Presented by Mayor Cobos-Cawthorne
January 12, 2021: Joint City Council & Successor Agency Meeting Minutes Page 3 of 10
PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
No speaker cards were submitted to the City Clerk’s office.
The City Clerk ’s office , acknowledged four (4) written comments submitted to the City’s public comment email address. Said comments are on file at the City Clerk’s office.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
Director of Recreation & Community Services provided the City Council an update on the drive - through Easter.
REGULAR BUSINESS
11. REVIEW OF CURRENT CO UNCIL ASSIGNMENTS TO VARIOUS BOARDS, AGENCIES, AD HOC
AND TASK FORCE COMMITTEES
Mayor Cobos -Cawthorne reviewed the various boards, agencies, Ad Hoc and Task Force Committees with the Councilmembers and the following assignments were made below:
AD HOC AND TASK FORCE ASSIGNMENTS
Name of Committee/ Task Force Name #1 Name #2
Ashiya Sister City Association Ad Hoc Angie Jimenez Torres Cannabis Ad Hoc Committee
(Reinstated 1/12/22)
Kimberly Cobos-
Cawthorne
Angie Jimenez
Economic Development Ad Hoc Kimberly Cobos-
Cawthorne
Scarlet Peralta
Farmer's Market Ad Hoc Scarlet Peralta Salvador Melendez Homelessness Task Force Salvador Melendez Angie Jimenez Innovating Commerce Serving
Communities Ad-Hoc”
(Established 1/12/22)
Kimberly Cobos-
Cawthorne
Angie Jimenez
* Joint School District Ad Hoc Vacant Vacant
Military Task Force Kimberly Cobos-
Cawthorne Torres
Solid Waste Ad Hoc Committee
(Reinstated 1/12/22) David Torres Scarlet Peralta
Streets Ad Hoc Kimberly Cobos-
Cawthorne Angie Jimenez
Transportation Ad Hoc
(Established 1/12/22)
Kimberly Cobos-
Cawthorne Angie Jimenez
Transit Ad Hoc Dissolved 1/12/22
Washington Coalition Dissolved 1/12/22
Mayor Cobos-Cawthorne made a motion to reinstate the Cannabis Ad Hoc Committee, seconded by Melendez; motion approved unanimously. Councilmember Melendez made a motion, seconded by Mayor Pro Tem Torres, to appoint Mayor Cobos-Cawthorne and Mayor January 12, 2021: Joint City Council & Successor Agency Meeting Minutes Page 4 of 10
Pro Tem Jimenez ; motion approved unanimously. Councilmember Torres made a substitution motion for Councilmember Peralta to be appointed along with the Mayor, Councilmember Peralta seconded; substitute motion did not carry 2-3.
Mayor Cobos -Cawthorne made a motion to have the Solid Waste Ad Hoc Committee reinstated, seconded by Councilmember Melendez; motion approved unanimously.
Councilmember Melendez motioned that Torres and Peralta be appointed , seconded by Mayor Pro Tem Jimenez; motional approved unanimously.
Mayor Cobos-Cawthorne made a motion to combine the Transit Ad Hoc and Washington Coalition and form a Transportation Ad Hoc, Melendez seconded; motion passed by a 3 -2 vote. Councilmember Melendez motioned to appoint Mayor Cobos-Cawthorne and Mayor Pro Tem Jimenez, seconded by Torres; motional approved unanimously.
Mayor Cobos-Cawthorne made a motion to appoint Mike Torres and Alex Hilke as Traffic Committee members, seconded by Councilmember Melendez; motion approved unanimously.
VARIOUS BOARDS AND AGENCIES
Organization Council Representative Alternate
Representative
County of Los Angeles Sanitation
Districts
Cobos-Cawthorne Jimenez
Los Angeles County City Selection
Committee
Cobos-Cawthorne Jimenez
San Gabriel Valley Council of
Governments (SGVCOG)
Peralta Melendez
Capital Projects Committee -
Alameda Corridor East
Authority (ACE)
Jimenez Melendez
Gateway Cities Council of
Governments
Jimenez Cobos-Cawthorne
Independent Cities Association Melendez Jimenez
Montebello Chamber of Commerce Torres -
League of California Cities Melendez Jimenez
Los Angeles County Vector Control
District
(LACVCD)
Avik Cordeiro (Resident
Reappointed 11/10/2021
- 4 yrs.)
-
Southeast Area Animal Control
(SEAACA)
Cobos-Cawthorne Peralta
Southern California Association of
Governments (SCAG)
Melendez Torres
January 12, 2021: Joint City Council & Successor Agency Meeting Minutes Page 5 of 10
12. ADOPT CITY COUNCIL RESOLUTION NO. 22-02/SUCCESSOR AGENCY RESOLUTION NO. 22- 01 FOR THE RECOGNIZE D OBLIGATION PAYMENT SCHEDULE FOR THE FIS CAL YEAR 2021 - 22 (ROPS 21 -22) AND CITY COUNCIL RESOLUTION NO. 22 -03/SUCCESSOR AGENCY RESOLUTION NO. 22 -02 FOR THE ADMINISTR ATIVE BUDGET FOR THE FISCAL YEAR 2021 - 2022
City Manager Bobadilla presented this item to the City Council and it was moved by Councilmember/Board Member Melendez, seconded by Mayor Pro Tem /Vice Chairperson Jimenez that the City Council/Successor Agency approve the recommendations below.
RECOMMENDATION: It is recommended that the City Council and Successor Agency:
1) Approve and adopt City Council Resolution No. 22 -02 and Successor Agency Resolution No. 22-01 for the Recognized Obligation Payment Schedule for the Fiscal Year 2021 -22 (ROPS 21-22); and
2) Approve and adopt City Council Resolution No. 22 -03 and Successor Ag ency Resolution No. 22-02 for the Administrative Budget for the Fiscal Year 2021-2022; and 3) Take such additional, related, action that may be desirable.
It was moved by Mayor Pro Tem /Vice Chairperson Jimenez, seconded by Councilmember/Board Member Melendez to adjourn the Successor Agency at 7:59 p.m.
CONSENT CALENDAR
Councilmember Torres and Mayor Cobos -Cawthorne pulled Item No. 14. Councilmember Torres pulled Item No’s. 16, 17, 19, and 20. Peralta motioned, seconded by Melendez, that Item No’s. 13, 15, 18, and 21-23 be approved.
13. ADOPT RESOLUTION NO. 22-04 AMENDING RESOLUTI ON NO. 20 -80 UPDATING THE
CONFLICT OF INTEREST CODE FOR THE CITY OF MONTEBELLO
RECOMMENDATION: It is recommended that the City Council:
1) Adopt Resolution No. 22 -04, a Resolution of City Council of the City of Montebello, California, Amending Resolution No. 20-80 updating the Conflict of Interest Code for the City of Montebello in compliance with Government Code requirements; and 2) Direct the City Clerk’s office to file the 2022 Local B iennial Notice with the Fair Political Practices Commission; and
3) Take such additional, related, action that may be desirable.
14. REPORT OF EMERGENCY REPAIR AND REPLACEMENT OF THE BEACH STREET STORM DRAIN
Councilmember Torres pulled this item to ask a clarif ying question regarding the funding sources for this item; City Manager Bobadilla and Director Enriquez provided an update on the emergency repairs and presented the staff report. Director Enriquez confirmed that ARPA Funds would be used for these emergenc y repairs. Mayor Cobos-Cawthorne asked to view photos of the emergency repairs.
January 12, 2021: Joint City Council & Successor Agency Meeting Minutes Page 6 of 10
Mayor Cobos -Cawthorne motioned, seconded by Mayor Pro Tem Jimenez that the City Council:
1) Receive and file the City Manager’s report of an emergency repair of the Beach Street Storm Drain pursuant to Montebello Municipal Code Section 3.20.140 and Public Contracts Code Section 22035; and
2) Determine and find that the severely deteriorated condition of the Beach Street Storm Drain poses a serious and eminent threat to public safety due to its severely deteriorated condition; and
3) By a four -fifths vote of the City Council authorize the dispensing of a formal bidding procedure for the replacement of the Beach Street Storm Drain, in accordance with California Public Contract Code Section 22035 and Montebello Municipal Code Chapter
3.20.140; and
4) Authorize the City Manager to finalize the proposed Agreement No. 3947 with Mike Bubalo Construction Co. (attached hereto in substantial form as Attachment B) for the construction of the rep lacement of the Beach Street Storm Drain at an estimated total cost of $390,000; and
5) Amend the Fiscal Year 2021-22 budget by increasing appropriations $535,000 in Account No. 100-30-315-6040.45 (General Fund, Public Works, Stormwater, Contract Services – Storm Drain Maintenance) for emergency response, repair and replacement work; and 6) Take such additional, related, action that may be desirable.
MOVED: Cobos-Cawthorne SECONDED: Jimenez APPROVED: 4-0-1-0
AYES: Cobos-Cawthorne, Peralta, Jimenez, Melendez
NOES: None
ABSTAIN: Torres
ABSENT: None
15. BEACH STREET PAVEMENT REHABILITATION PROJECT - PHASE 1 (FROM VAIL A VENUE TO 5TH STREET), CP NO. 883 – ENGAGEMENT LETTER FO R CONSTRUCTION MANAG EMENT &
INSPECTION SERVICES BY AIM CONSULTING SERVICES
RECOMMENDATION: It is recommended that the City Council:
1) Award Task Order No. 2 via an Engagement Letter under Master Retainer Agreement No. 3919 with AIM Consulting Services for Construction Management and Inspection Services for a not-to-exceed-fee of $92,126; and
2) Authorize the City Manager to execute the Agreement, on behalf of the City; and 3) Take such additional or alternative action that may be desirable.
16. PAVING THE WAY – PHASE 2 (CP NO. 878) – NOTICE OF COMPLETION
Councilmember Torres pulled this item to ask a clarifying question on what the balance would be after completion of Phase 3 and Director Enriquez provided an update on this item.
January 12, 2021: Joint City Council & Successor Agency Meeting Minutes Page 7 of 10
Councilmember Torres motioned, seconded by Councilmember Melendez that the City Council:
1) Accept the Paving the Way – Phase 2 Project (CP 878) as completed by Manhole Adjusting, Inc. (MAI); and
2) Find that the “Changes in Work” for the project (Attachment A) in the aggregate amount of $1,423,503 have no significant effect on the environment. The final contract am ount with MAI is $6,362,081.
3) Approve the Final Construction Budget and Expenditures (Attachment B); and 4) Authorize the City Clerk to execute, verify and file the Notice of Completion (Attachment C) with the Los Angeles County Registrar-Recorder; and
5) Authorize the City Manager to release the retention payment due to Manhole Adjusting, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded; and
6) Amend the Fiscal Year 2021 -22 budget by increasing appropriations by $ 630,362 in Account No. 220 -99-7117 (Measure R, Improvements Other than Building – Paving the Way) and $1,108,174 in Account No. 222 -99-7117 (Measure M, Improvements Other than Building – Paving the Way); and
7) Take such additional, related, action that may be desirable.
Motion approved unanimously.
17. APPROVE PROFESSIONAL SERVICES AGREEMENT N O. 3946 FOR MARKET A NALYSIS AND RETAIL RECRUITMENT S ERVICES BETWEEN NAVI RETAIL INC. AND THE CITY OF
MONTEBELLO
Councilmember Torres pulled this item to ask clarifying questions on whether this item could be approved by a simple majority; and it was confirmed that it could be approved by a simple majority vote. Also asked to receive an update on the Economic Development efforts and City Manager Bobadilla state d that a Community Development Manager position will be brought before Council for approval once the job specification is ready.
Councilmember Torres motioned, seconded by Councilmember Melendez that the City Council:
1) Approve a Professional Services Agreement between the City of Montebello and NaviRetail Inc. in an amount not to exceed $84,000 over the course of a two (2) year term for Market Analysis and Retail Recruitment Services for the City of Montebello; and 2) Authorize the City Manager to execute the Professional Services Agreement between the City and NaviRetail Inc. and any related documents in accordance with Montebello Municipal Code (“MMC”) Chapter 3.20.050; and
3) Amend the Fiscal Year 2021 -22 budget by increasing appropriations by $42,000 in Account 100 -50-520-6040.95 (General Fund, Community Development, Planning Division, Other Professional Services); and
4) Take such additional, related, action that may be desirable.
January 12, 2021: Joint City Council & Successor Agency Meeting Minutes Page 8 of 10
Motion approved unanimously.
18. ADOPT RESOLUTION NO. 22-05 TO AUTHORIZE SUBMISSION OF AN APPLICATION TO THE
STATE OF CALIFORNIA BEVERAGE CONTAINER RECYCLING GRANT PROGRAM
RECOMMENDATION: It is recommended that the City Council:
1) Adopt Resolution No. 22-05 to authorize the submission of an application to the State of California Beverage Container Recycling Grant program; and 2) Take such additional, related, action that may be desirable.
19. APPROVE AN INCREASE TO THE BLANKET PURCH ASE ORDER ESTABLISHE D WITH THE SAUCE CREATIVE SERVI CES CORP. FOR THE PU RCHASE OF CITYWIDE P RINTING AND
GRAPHIC DESIGN SERVICES
Councilmember Torres pulled this item to ask a clarifying question regarding language in the staff report stating that future purchases would require City Council approval. Director Sosnowski stated that approving the item tonight and increasing the Purchase Order up to $100,000 would not require City Council approval; unless it exceeds the City Manager’s authorization. City Manager Bobadilla also provided Councilmember Torres an update on the art installation projects as mentioned in the staff report.
Councilmember Melendez motioned, seconded by Mayor Pro Tem Jimenez that the City Council:
1) Approve a change order to the blanket purchase order established with The Sauce Creative Services Corp., to increase the total not-to-exceed amount to $100,000, for the purchase of citywide printing and graphic design services; and 2) Take such additional, related, action that may be desirable.
Motion approved unanimously.
20. REQUEST TO PURCHASE POLICE DEPARTMENT PATROL VEHICLES
Councilmember Torres pulled this item to ask a clarifying question regarding the funding source for this item; Director Solorza stated that the primary source of funding is the General Fund and in years past the Asset Forfeiture has been used in the past but at this point in time until additional Asset Forfeiture funds are received Staff is recommending using the General Fund.
Councilmember Torres made a motion to consider staff’s recommendations as shown below and to include that City Council conduct a citywide survey to try to understand what impacts the community has faced and allocate a portion of the ARPA funds to address those needs.
City Attorney Alvarez -Glasman suggested separating the request of a survey as it is two separate matters. Councilmember Torres’ motion did not receive a second.
January 12, 2021: Joint City Council & Successor Agency Meeting Minutes Page 9 of 10
Mayor Cobos-Cawthorne made a motion , seconded by Councilmember Melendez that the City Council:
1) Approve the purchase of seven (7) police patrol vehicles to include necessary equipment and installation services; and
2) Amend the Fiscal Year 2021 -22 budget by increasing appropriations by $398,300 in Account No. 100 -80-815-6082 (General Fund, Police, Support Services, Vehicle Purchases); and
3) Take whatever additional actions necessary to effectuate the procurement of the patrol vehicles.
MOVED: Cobos-Cawthorne SECONDED: Melendez APPROVED: 4-0-1-0
AYES: Cobos-Cawthorne, Peralta, Jimenez, Melendez
NOES: None
ABSTAIN: Torres
ABSENT: None
21. ADOPT RESOLUTION NO. 22-01 TO AUTHORIZE AMENDING FEDERAL GRANT NO. CA-2021- 169-00 TO SUBMIT A SEPARATE GRANT APPLI CATION TO THE FEDERA L TRANSIT
ADMINISTRATION TO RE CEIVE FUNDING FOR TR ANSIT OPERATING ASSI STANCE AND TO AMEND THE FISCAL YEAR 2021-2022 BUDGET
RECOMMENDATION: It is recommended that the City Council:
1) Adopt Resolution No. 22 -01 amendin g Federal Grant No. CA -2021-169-00 for Federal Transit Administration (FTA) funding under the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA), to increase the grant amount for operating assistance from $1,000,000 to $3,778,452; and 2) Authorize submitting a grant application to the FTA for operating assistance under the American Rescue Plan Act of 2021 (ARPA), in the amount of $14,934,925; and 3) Amend the FY 2021 -2022 budget to recognize revenue by increasing appropriations in Account Nos. 600-99-4024.10 (Transit Fund, CRRSAA – Federal) by $9,292,827 and 600- 99-4023.10 (Transit Fund, ARP – Coronavirus Fiscal Recovery) by $14,934,925; and 4) Take such additional, related, action that may be desirable.
22. APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, NO. 3883, WITH
RL CONTROLS LLC TO USE CONTINGENCY FUNDS FOR THE SERVER PROJECT, A SUBPROJECT
OF THE BUS CAMERA SURVEILLANCE SYSTEM PROJECT
RECOMMENDATION: It is recommended that the City Council:
1) Approve Amendment No. 1 to Professional Services Agreement, No. 3883 (Agreement No. 3883) with RL Controls LLC (RL Controls), to use contingency funds for the total not - to-exceed amount of $192,912 for the Server Project, a subproject of the Bus Camera Surveillance System Project; and
January 12, 2021: Joint City Council & Successor Agency Meeting Minutes Page 10 of 10 2) Authorize the City Manager and/or his Designee to execute Amendment No. 1 on behalf of the City of Montebello (City); and
3) Take such additional, related, action that may be desirable.
23. PAYMENT OF BILLS: R ESOLUTION NO. 22 -06 APPROVING THE CIT Y WARRANT RE GISTER OF DEMANDS DATED JANUARY 12, 2022
RECOMMENDATION: Adopt Resolution No. 22 -06 approving the Warrant Register dated January 12, 2022.
AB 1234 TRAVEL REPORTS
Members of the City Council will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).
COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports.
1. Councilmember Torres – None
2. Councilmember Peralta
a. Agendize for the next council meeting the appointment of 2 members for the Traffic and Safety Committee – this item was discussed during Item No. 11. b. COVID Testing: City Hall: Sun -Wed (drive thru) | Thurs -Sat (walk up) | Grant Rae Park Thurs-Sat (drive thru). No Appointments Ne cessary. Vaccines/Boosters available at The Prescription Shop at 1215 W. Whittier Blvd. – provided an update.
3. Councilmember Melendez – None
4. Mayor Pro Tem Jimenez – None
5. Mayor Cobos-Cawthorne – Mayor asked the City Clerk’s staff to acknowledge one (1) written comment submitted to the City’s public comment email address. Said comments are on file at the City Clerk’s office.
ADJOURNMENT
Mayor Cobos-Cawthorne adjourned in the memory of City of An geles Police Officer Fernando Arroyos and Los Angeles County Firefighter Jonathan Flagler . Councilmember Melendez motioned to adjourn the meeting at 9:11 p.m.
THE MINUTES OF JANUARY 12, 2022 ARE HEREBY APPROVED AND ADOPTED ON THIS 23RD DAY OF FEBRUARY 2022.
____________________________________________
Alicia Fernandez, Deputy City Clerk
CLOSED SESSION
SPEAKER CARD
AGENDA AND NON-AGENDA
COMMENTS
1 Angelina Padilla
From: Armen Manousadjian <[email protected]>
Sent: Saturday, December 11, 2021 5:01 PM
To: comment, ccpublic
Subject: Fwd: Reckless Drivers Running Stop Signs, West Lincoln Ave and N 2nd Street Follow Up Flag: Follow up
Flag Status: Flagged
Begin forwarded m
essage:
From: Armen Manousadjian <[email protected]>
Subject: Reckless Drivers Running Stop Signs, West Lincoln Ave and N 2nd Street Date: December 11, 2021 at 4:58:44 PM PST
To: [email protected]
Dear City of Montebello Code Enforcem
ent,
I live on West Lincoln Ave where it crosses N 2nd Street, and I have been almost hit by cars running the stop signs! Almost 100% of cars roll or completely go past the two stop signs on West Lincoln Ave and N 2nd Street. A neighbor’s husband was recently hit by a speeding car that didn’t see the man crossing the street with his dog. We all pay a lot of taxes in this area, it would be nice to have a camera, a flashing stop sign, street bumps or something to stop speeding drivers. Park an officer here and you’ll print money, this street is like a boulevard now with how much traffic it has. Please do something about this issue, and inform me what actions you are planning to take please.
Best,
Armen Manousadjian
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Angelina Padilla
From: Liberty Mesa <[email protected]>
Sent: Monday, December 20, 2021 6:56 PM
To: [email protected]
Cc: [email protected]; [email protected];
[email protected]; [email protected]; comment, ccpublic Subject: Golden Manor Montebello Suspected/Alleged Elder Abuse Follow Up Flag: Follow up
Flag Status: Flagged
Greetings. I hope this email finds you well. My name is Liberty Yorba. On December 6, 2021, I contacted your office on behalf of several concerned Montebello community members, and spoke with Mr. Ryan Serrano regarding the retirement home located at 1109 West Beverly Boulevard, Montebello, CA 90640, (323) 724-3870.
In 2019, a hand full of activists from Montebello formed an informal group whose efforts focus on the needs of less fortunate residents i.e., those without homes, the elderly and veterans. They assist individuals by purchasing food, blankets, masks, toiletries and other d
ay to day living necessities, mostly during the holiday/Christmas season and Easter. All funding for purchases is obtained from i
ndividuals of the group as well as generous donors.
During t
he most recent and current effort to assist residents at the Golden Manor, it was discovered that occupants are faced with deplorable living conditions. One woman described numerous alarming issues, including but not limited to, physical abuse that she claims to have pictures of bruises, a visibly filthy environment, poor nourishment and a lack of proper access to health care. One woman alleges house-keeping staff is bathing incapacitated residents. Group member Sandra Sage visited the facility and spoke with several women at the facility.
Afterward, Ms. Sage telephoned Montebello PD for immediate assistance and was advised to contact L.A. County Adult Protective Services. She did and spoke with an Ombudsman. She also mentioned the name of Licensing Inspector Mr. Glenn Trueman. When her concerns fell upon deaf ears, she called me to share all of the above and asked for advice on which avenue to take next. I assured her I would assist any way possible to address these very serious matters. I perused the Facility Details Complaints tab on the Social Services page for Golden Manor and found the noted 'unfounded' results to be questionable.
I am contacting you because I have, in the past throughout the years, worked with Supervisor Solis' staffs while working at MALDEF and as a former Field Deputy for City of Los Angeles council members. Additionally, I have had the pleasure of working with Bertha Velazquez, of your current staff, while at council. I have every confidence that your office can somehow assist.
With whom at Supervisor Solis' office can members of the group meet with to better elaborate? Please advise and reply to all. Thank you in advance.
Best,
Liberty
(323)
48 1-5638
Please n
ote: Because I was unable to locate email addresses for the individual Montebello Council Members: Kimberly Ann Cobos- Cawthorne, David N. Torres, Angie Jimenez, Scarlett Peralta and Salvador Melendez, I am sending this to the public comments e-mail address, for their awareness.
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS.
Contact Montebello IT Division if you are unsure.***
1 Angelina Padilla
From: Jesus L. Banda <[email protected]>
Sent: Thursday, December 23, 2021 9:52 AM
To: comment, ccpublic
Subject: THANK YOU CITY OF MONTEBELLO.......JESUS LEYVA BANDA JR Follow Up Flag: Follow up
Flag Status: Flagged
I wanted to thank 211 today and. Especially to the mayor's building in where his staff and the management of the MONTEBELLO FIRE DEPARTMENT TO ANDREW LEON AND his crew and staff that went way beyond to provide me shelter in just a couple of hours after a survey and a couple of Referrals to make a Spark of Love by the LOS ANGELES county Fire Dept. City of MONTEBELLO Thank you also a thanks to Bell Gardens Motel 6 for helping L.A. for the homeless families and to the City Hall Mayor and his staff.
SINCERELY a single FATHER to three girls In L.A. County named JESUS LEYVA BANDA JR.
DEC.22,2021
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Angelina Padilla
From: Rubi Mondragon <[email protected]>
Sent: Tuesday, January 11, 2022 8:52 PM
To: comment, ccpublic
Subject: Dear City Counsel
We the community demand that the bus rem
ain running through The City Montebello . I was recently informed by one of my fellow members of my community that the bus will not only not run every 30 minutes but they will only run twice a day; because they are having issues contracting drivers. It's not that people decided to quit but someone in City Hall did it in bad faith . What I mean by bad faith is not thinking about the needs of the community and how it will affect us.
Instead they thought about cutting down costs and lining their pockets and giving basically givinng loyal employees an ultimatum to their employees to either get severance packet or quit What i am asking is where is that money going to exactly and it seema like there is money because i know for a fact that advertisers pay to have their logo , brands or movie promoted on the bus ? Or i am i mistaken ? or if not are the funds not being managed apporpiatley ? I remember a while back the mayor was stealung from our city thinking our community was not paying attention.
I am not going to disclose who confided in me but I was also informed that they don't only want to hire new people which would mean they would take the time to train new hires when not too long ago the company was preaching that they are a wonderful company who treats their employees well and also has great benefits . So the company is not practicing what they preach.When in fact their services are desperately in need .
Due to the fact our community depends on them to be their to get to our destinations whether that be to go to school , which i might add in fact that this bus makes 2 direct stops next to to of our highschool which in fact i attended and everyone in my family and friends did. All the bus drivers are a part of our community , I feel safe knowing that they are familiar faces .My community has always been in safe hands due to the fact that they are paying attention to the road and are always on alert . Never have I ever seen any bus driver on their phone texting or even making a phone call unless it's an emergency but even then they follow protocol and use the radio equipment to call for help . Just to make a comparison the cops have been on their phones while driving making the excuse that they are calling their bosses or chief but it doesn't make sense because they do have special equipment to communicate with their superiors as well as a large screen. If anything they should be the example for the community and should be reprimanded and not given special privileges because they somehow think they are above the law.
2 As far as money , I want to know where that money is going ? Because it doesn't make sense that the community is paying to use the bus , and there it seems like the company is taking money from big advertising companies . I am only asking because if that money is being used to fix, maintain or plan events I have nor i think the community has a problem with it but if that money is being used to buy new cars if it's not necessary , not having libraries open , for the benefit to the community then you guys are betraying the power that granted to you to serve the community not take advantage because you feel like your doing the bare minimum when as public servants the city could do more .
City Hall Did not inform our community and would consider thatbad faith .The Comapany has no sense of loyalty their hardworking bus drivers who worker for 20 -30 years ( ultimatum ) and gave them a severnce package . Late in the afternoon I had a convetsaion I had a conversation with a bus driver explaining to me that she was doing a double shift becayse she needed the extra income but she did it in good faith because she was painful aware of the fact that not evwrybody had a car and some people need to get home because the bus is the only form of transportation back home. She was doing it it for our and her community and it apalled that you guys do not commemorate that amazing humanity. Long time employees were making good steady income and it seemed like The Montebello Bus Lines doesnt want to be bothered to train new drivers which in turn translates to not traing their new drivers with apporpiate protocols and therfore saftey of the public. What they want is to place as little effort as possible to train their bus driver but isntead they want drivers who already have experienced ? so as to what ? Cut cost ? Ignore training that maybe is necessary for his/ her safey or especially the community ? Moms, kids , babies , both Shurr and Montebello Highschools , and the elderly ? For what reason exactly ? I would like an answer and a justifiable answer at that . Not only does it show disregard for the public's saftey but the inconsideratendness about your employees which in turn shows completly and utterly blantly disregard care about our city. .
Ruby Mondragon
562 528 2734
[email protected]
Concerned Citizen of Montebello
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS.
Contact Montebello IT Division if you are unsure.***
COMMENTS SUBMITTED
AFTER DEADLINE
1 Angelina Padilla
From: Carlos L R <[email protected]>
Sent: Wednesday, January 12, 2022 5:56 PM
To: comment, ccpublic
Follow Up Flag: Follow up
Flag Status: Flagged
Good Evening Council;
I am writing this email because certain actions by two Councilmembers are not acceptable. In speaking to a few friends who are Councilmembers from other cities, I was told of the lack of attendance to 2 conferences.
The first was in Santa Barbara, CA, when the City of Montebello was being highlighted for being Green and having the first Recharging Station, the M ayor, Councilmembers
Melendez and Jimenez were there.
Please tell us Councilmembers Torres and Peralta where were you both?? I was told by a person that saw you both leave the property and go with the owners of IE(Engineers that have made Millions of our City),
you both were gone all day and didn't return till the evening dinners.
Also would the City Manager please explain why only Torres was reimbursed $1564.24 for travel & meetings? Since neither Councilmember Torres and Peralta did not attend any classes, as a Taxpayer I want a refund repaid to the City. Plus the extra $1564.24 Torres was reimbursed for, what did he get a suite?
It was very obvious neither attended because of the ridiculous report Peralta gave " it w as very informative " and Torres gave none.
Then last month the ICSC Conference in Las Vegas, it was said at the last meeting each badge was time stamped what time you arrived. The doors opened at 8:30 am and everyone with the exception of Councilmember Torres and Peralta were there bright and early.
Ms. Peralta said on the record, when she received text " she was off property" FYI there is absolutely no reason to be off property to meet a vendor. T he purpose of this Conference
is to pitch our city to bring businesses to come to our city. My question is since we the taxpayers paid for your trip who did you meet with?? We paid and have the right to know.
Both Councilmembers Torres and Peralta did not arrive to conference till 2:30 pm, a few hours before it was over, yet both continually complain they are not included.
I was shown your ridiculous email ranting and complaining, Mr. Torres it did not take you long to let a little power go straight to your head. In retrospect too bad the Mayor backed you, she should have left you home the loser since you placed 6th remember? Back to Las Vegas why were you both so late? Again as a taxpayer I demand you both repay the costs of R
egistration, travel and Hotel, it was not a vacation at the taxpayer's expense. What happened you went out and partied to late to get up to go to do city business?
2 Your both lucky because of Covid meetings are not in person, we were looking forward to get answers in person.
Jose C. Lopez Reyes
Jose Lopez Reyes
Independent Contractor
5565 Federal Blvd Lot 29
Denver, CO 80221
Phone: (951)-241-5978
Email: [email protected]
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
CITY OF MONTEBELLO JOINT CITY COUNCIL AND
PLANNING COMMISSION SPECIAL MEETING
M I N U T E S
TUESDAY, JUNE 1, 2021 AT 5:30 P.M.
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
CALL TO ORDER – Mayor Cobos-Cawthorne called the meeting to order at 5:46 p.m.
ROLL CALL – Members present were Mayor Cobos-Cawthorne, Mayor Pro Tem Torres, Councilmember Jimenez, Councilmember Melendez, Councilmember Peralta, Commissioner Aliksanian, Commissioner Cuevas, Vice Chair Ramirez, and Treasurer Gutierrez. Commissioner Lomeli, Commissioner Briseno, and City Clerk Jimenez were absent.
STAFF PRESENT – City Manager René Bobadilla, Assistant City Manager Arlene Salazar, City Attorney Arnold M. Alvarez-Glasman, Deputy City Clerk Alicia Fernandez, Assistant to Deputy City Clerk Kimberly Guillen, Director of Planning/Community Development Joseph Palombi, and Joe Minicozzi from Urban 3.
CLOSED SESSION – NONE
PUBLIC COMMENTS ON AGENDA ITEMS (30 MINUTES) – No public comments.
PRESENTATION
1. MONTEBELLO’S FISCAL MRI PRESENTATION
June 1, 2021: Joint Special City Council & Planning Commission Meeting Minutes Page 2 of 2
Director of Planning/Community Development Joseph Palombi and Mr. Minicozzi provided the City Council (Council) with a presentation regarding the economic analysis and overview of the City of Montebello (City), based on facts regarding the City’s current economic condition, in an effort to identify patterns of potential developme nt related to the General Plan update as well as the Downtown Master Plan that could enhance and guide the City’s long term prosperity.
Councilmember Melendez asked clarifying questions about the chosen cities that were compared to the City of Montebell o. Mayor Pro Tem Torres recommended the video “The High Cost of Free Parking” to the City Council and Planning Commission.
Commissioner Cuevas stated that he sees the value in understanding the information provided. Mr. Cuevas asked what some of the points, in terms of value, that development could bring into the City . Mr. Minicozzi stated that that property taxes brings value to the City. Commissioner Briseno recommended bringing this data back and relook at it in two years since we are currently in a pandemic. Commissioner Aliksanian asked if the goal is for the community to travel less and build high-rise parking structures with less parking lots, and Mr. Minicozzi stated that it’s more about being conscious of the choices and opportunities for redevelopment. Chairperson Briseno asked Mr. Minicozzi clarifying questions.
ADJOURNMENT
Chairperson Briseno adjourned the Planning Commission meeting at 7:10 p.m.
Councilmember Melendez motioned to adjourn the City Council meeting, seconded by Councilmember Peralta; motion carried unanimously and the meeting was adjourned at 7:17 p.m.
THE MINUTES OF JUNE 1, 2021 ARE HEREBY APPROVED AND ADOPTED ON THIS 23rd DAY OF FEBRUARY 2022.
____________________________________________
Alicia Fernandez, Deputy City Clerk
CITY OF MONTEBELLO CITY COUNCIL/SUCCESSOR AGENCY
ADJOURNED REGULAR MEETING AGENDA
M I N U T E S
TUESDAY, JUNE 1, 2021 AT 4:30 P.M.
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
OPENING CEREMONIES – 4:30 P.M.
CALL TO ORDER – Mayor Cobos-Cawthorne called the meeting to order at 4:30 p.m.
ROLL CAL L – Members present were Mayor Cobos -Cawthorne, Mayor Pro T em Torres , Councilmember Melendez, Councilmember Peralta , City Clerk Jimenez was absent, and Treasurer Gutierrez; Councilmember Jimenez arrived at 4:34 p.m.
STAFF PRESENT – City Attorney Arnold Alvarez -Glasman, City Manager René Bobadilla, Assistant City Manager Arlene Salazar, Deputy City Clerk Alicia Fernandez, Assistant to Deputy City Clerk Kimberly Guillen.
PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
The City Clerk’s office called one (1) member of the public wishing to address the City Council. The speaker was provided three minutes to address the City Council and said speaker card is on file at the City Clerk’s office.
CLOSED SESSION – 4:30 P.M.
Mayor Cobos -Cawthorne re cessed the meeting into Closed Session at 4:38 p.m. to consider the following closed session items:
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: City Manager René Bobadilla
Mayor Cobos -Cawthorne reconvened the meeting at 5:43 p.m. During Closed Session the City Council (Council) received a briefing on Item 1 and provided certain direction to the City Attorney; no final action was action taken.
June 1, 2021: City Council Adjourned Meeting Minutes Page 2 of 2
REGULAR SESSION
2. CONSIDERATION OF AMENDMENT OR CHANGES TO CITY MANAGER EMPL OYMENT
AGREEMENT
It was moved by Councilmember Peralta, seconded by Councilmember Melendez that the City Council table this item to the June 3, 2021 Adjourned City Council meeting at 4:00 p.m.
Motion carried unanimously.
ADJOURNMENT
Councilmember Peralta motioned to adjourn the meeting, seconded by Councilmember Melendez.
Motion carried unanimously and the meeting was adjourned at 5:45 p.m., to the next Adjourned City Council Meeting to be held on Tuesday, June 3, 2021 at 4:00 p .m.; and opened into the Joint Special Meeting of the City Council and Planning Commission.
THE MINUTES OF JUNE 1 , 2021 ARE HEREBY APPROVED AND ADOPTED ON THIS 23rd DAY OF FEBRUARY 2022.
____________________________________________
Alicia Fernandez, Deputy City Clerk
CLOSED SESSION ITEM NO. 1 -
SPEAKER CARD
CITY OF MONTEBELLO CITY COUNCIL/SUCCESSOR AGENCY
ADJOURNED REGULAR MEETING AGENDA
M I N U T E S
THURSDAY, JUNE 3, 2021 AT 4:00 P.M.
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
OPENING CEREMONIES
CALL TO ORDER – Mayor Cobos-Cawthorne called the meeting to order at 4:12 p.m.
ROLL CAL L – Members present were Mayor Cobos -Cawthorne, Mayor Pro Tem Torres, Councilmember Jimenez, Councilmember Mele ndez, Councilmember Peralta, City Clerk Jimenez, and Treasurer Gutierrez
STAFF PRESENT – City Attorney Arnold Alvarez -Glasman, City Manager René Bobadilla, Assistant City Manager Arlene Salazar, Deputy City Clerk Alicia Fernandez, Assist ant to Deputy City Clerk Kimberly Guillen.
PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
None
CLOSED SESSION – 4:00 P.M.
Mayor Cobos -Cawthorne recessed the meeting into Closed Session at 4:13 p.m. to consider the following closed session items:
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: City Manager René Bobadilla
June 3, 2021: Adjourned Regular City Council Meeting Minutes Page 2 of 2
Mayor Cobos-Cawthorne reconvened the meeting at 5:33 p.m. During Closed Session the City Council (Council) received a briefing on item 1 and provided direction to the City Attorney; City Attorney’s office will f ollow up accordingly. This item, along with Regular Session Item 2, w ill be placed on the next Regular City Council Meeting to be held on Wednesday, June 9, 2021.
REGULAR SESSION
2. CONSIDERATION OF AMENDMENT OR CHANGES TO CITY MANAGER EMPLOYMENT
AGREEMENT
City Attorney Alvarez-Glasman reported that this item did not require any action and tabled it to the next Regular City Council Meeting to be held on Wednesday, June 9, 2021.
ADJOURNMENT
Councilmember Melendez motioned to adjourn the meeting, seconded by Councilmember Jimenez.
The meeting was adjourned at 5:34 p.m.
THE MINUTES OF JUNE 3, 2021 ARE HEREBY APPROVED AND ADOPTED ON THIS 23rd DAY OF FEBRUARY 2022.
____________________________________________
Alicia Fernandez, Deputy City Clerk
ITEM #____
C
ITY OF MONTEBELLO
CI
TY COUNCIL AGENDA STAFF REPORT
TO
: Honorable Mayor and City Council Members
F
ROM: René Bobadilla, P.E., City Manager
B
Y: James Enriquez, Director of Public Works / City Engineer S
UBJECT: Emergency Non -Congregate Shelter Pilot Program (Operation Stay Safe) – Award Construction Contracts
D
ATE: February 23, 2022
RECOMMENDATIONS:
I
t is recommended that the City Council:
1) D
etermine and find that the lack of shelter poses an acute, clear and imminent threat to the health and safety of all people experiencing homelessness (PEH) and the members of the public with whom they come into daily contact as the Covid- 19 pandemic continues, resulting in an emergency that requires immediate action and will not permit a delay caused by formal bidding procedures; and 2) I
n accordance with the above- mentioned emergency, by a four -fifths vote of the City Council, authorize the dispensing of formal bidding procedures for construction contracts for the development of the subject project, in accordance with California Public Contract Code Section 22035 and 22050 (Attachment A), Montebello Municipal Code Chapter 3.20.140 (Attachment B) and Governor Newsome’s Executive Order No. N-21-21 (Attachment C); and 3) A
ward a Construction Contract for electrical improvements in the amount of $245,500 to Graphic Electric, Inc.; and
4)
Award a Construction Contract for sewer construction in the amount of $144,078 to Mike Bubalo Construction Company, Inc.; and
5) A
ward a Construction Contract for security fencing construction in the amount of $69,950 to Wolverine Fence Company, Inc.; and
15 CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Emergency Non-Congregate Shelter Pilot Program (Operation Stay Safe) – Award Construction Contracts
6) Authorize the City Manager to finalize and execute the proposed agreements in the Standard Public Works Agreement ( Attachment B), in the form approved by the City Attorney, on behalf of the City and approve change orders within a 25% contingency of the original contract amounts; and
7) Amend the Fiscal Year 2021-22 budget by increasing appropriations by a total of $574,410 in the following accounts (Grants, Fire, SGVRHT Operation Stay Safe) and in the following amounts: Account No. 265- 85-853-6040.60 (Building Maintenance Repairs), $245,500; - 6040.45 (Sewer Maintenance) $144,078; - 6040.60 (Building Maintenance Repairs) $69,950; and
8) Amend the Fiscal Year 2021-22 budget by increasing appropriations to recognize revenue to reimburse for these expenses in Account No. 265-99-4198.99 (Grants, SGVRHT Operation Stay Safe) in the amount of $574,410; and
9) Take such additional, related, action that may be desirable.
FISCAL IMPACT
On October 27, 2021, the City Council approved an amendment to the Fiscal Year 2021- 22 budget for this project increasing appropriations by $250,000 in Account No. 265-85- 853-6040.95 (Grants, Fire, SGVRHT Operation Stay Safe, Other Professional Services).
These funds are budgeted for general site work, including required electrical, sewer, security and other related work. The $250,000 was t he best available estimate of the costs of needed site work. Staff from Finance and Fire along with San Gabriel Valley Regional Housing Trust (SGVRHT) discussed an appropriate amount for the initial appropriations at that time.
Upon further consultation and estimate work, including analysis by the City Engineer, an additional appropriation of $574,410 is recommended to cover the three construction contracts (i.e., electrical, sewer and fence) . City Council is being asked to amend the Fiscal Year 2021-22 budget by increasing appropriations by a total of $574,410 in several accounts in Fund 265 (i.e., 265- 85-853-6040.45 and 6040.60, Grants, Fire, SGVRHT Operation Stay Safe).
The additional appropriation of $ 574,410 includes a 25% contingency and should be sufficient to cover the three construction contracts. The SGVRHT will reimburse the City for all project expenses in accordance with Agreement No. 3930, and that will be recorded as revenue in Fund 265.
CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Emergency Non-Congregate Shelter Pilot Program (Operation Stay Safe) – Award Construction Contracts
BACKGROUND
On October 27, 2021, t he City Council approved Agreement No. 3930 with the San Gabriel Valley Regional Housing Trust (SGVRHT) for the development and operation of the Emergency Non- Congregate Shelter Pilot Program (Operation Stay Safe) at the Montebello/Commerce Regional Commut er Rail Station located at 2000 West Flotilla Street. Preparation of the site for the placement of the tiny home units includes construction of utility services (electrical, sewer and potable water) and installation of security fencing.
Staff continues to coordinate the various components of this project with SGVRHT and other applicable agencies including coordination of multiple quotes for the various services based on plans provided by SGVRHT’s architect consultant team . SGVRHT staff has approved the recommended contracts as part of the reimbursement process. The City of Montebello will pay for these services upfront and SGVRHT will reimburse the full amount from grant funds.
SGVRHT staff is coordinating the delivery of the tiny home units and has tentat ively scheduled the delivery and placement for May 2022. The site preparation must be completed prior to the delivery of the units. It is critical that the site development start as soon as possible.
ANALYSIS
The recommended construction contract awards are in accordance with California Public Contract Code sections 22035 and 22050, Montebello Municipal Code Chapter 3.20.140 for emergencies which requires a four -fifths vote of the City Council to authorize the dispensing of formal bidding procedures. Section 22035 and 22050 require the City Council, before taking any action to dispense of formal bidding procedures in the case of an emergency, make a finding that the emergency will not permit delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.
This project will provide emergency shelter and related services for persons experiencing homelessness (PEH) that will help mitigate the spread of COVID -19 within that community as well as the spread to individuals coming into contact with PEHs. This action is also consistent with Los Angeles County’s resolution, in Attachment C, which was passed on October 19, 2021 extending the Declaration of a Shelter C risis until November 1, 2022.
In addition, Governor Newsome issued a Proclamation of a State of Emergency due to the C OVID-19 pandemic on March 4, 2020. Executive Order No. N -21-21 signed on November 10, 2021 extended the emergency proclamation through March 31, 2022. The executive orders (Attachment A) in Item 2 of the Emergency Proclamation suspended the requirement for competitive bidding relating to projects and activities “needed to assist in CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Emergency Non-Congregate Shelter Pilot Program (Operation Stay Safe) – Award Construction Contracts
preparing for, containing, responding to, mitigating the effects of, and recovering from the spread of COVID-19.”
This project will provide emergency shelter and related services for persons experiencing homelessness that will help mitigate the spread of COVID-19 within that community. This action is a lso consistent with Los Angeles County’s resolution, in Attachment C, which was passed on October 19, 2021 extending the Declaration of a Shelter Crisis until November 1, 2022.
SUMMARY
Upon approval of the recommended actions, staff will execute the contract documents and coordinate the completion of the Project with SGVRHT staff. In addition, the recommended actions will increase appropriations in the following accounts and in the specific amounts (Grants – Fire – SGVRHT Operation Stay Safet):
• 265-85-853-6040.60 (Building Maintenance Repairs): $245,500 • 265-85-853-6040.45 (Sewer Maintenance): $144,078
• 265-85-853-6040.60 (Building Maintenance Repairs): $69,950 • 265-99-4198.99 (SGVRHT Operation Stay Safe Grant Revenue): $574,410
ATTACHMENT (S):
A. Attachment A – Public Contract Code sections 22035 and 22050 B. Attachment B – Montebello Municipal Code section 3.20.140 C. Attachment C – Governor Newsome Executive Orders and LA County Resolution D. Attachment D – Contractor Quotes
E. Attachment E – Standard Public Works Agreement
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
PROCLAMATION OF A STATE OF EMERGENCY
WHEREAS in December 2019, an outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID-19), was first identified in Wuhan City, Hubei Province, China, and has spread outside of China, impacting more than 75 countries, including the United States; and
WHEREAS the State of California has been working in close collaboration with the national Centers for Disease Control and Prevention (CDC), with the United States Health and Human Services Agency, and with local health departments since December 2019 to monitor and plan for the potential spread of COVID-19 to the United States; and WHEREAS on January 23, 2020, the CDC activated its Emergency Response System to provide ongoing support for the response to COVID- 19 across the country; and
WHEREAS on January 24, 2020, the California Department of Public Health activated its Medical and Health Coordination Center and on March 2, 2020, the Office of Emergency Services activated the State Operations Center to support and guide state and local actions to preserve public health; and
WHEREAS the California Department of Public Health has been in regular communication with hospitals, clinics and other health providers and has provided guidance to health facilities and providers regarding COVID-19; and
WHEREAS as of March 4, 2020, across the globe, there are more than 94,000 confirmed cases of COVID-19, tragically resulting in more than 3,000 deaths worldwide; and
WHEREAS as of March 4, 2020, there are 129 confirmed cases of COVID-19 in the United States, including 53 in California, and more than 9,400 Californians across 49 counties are in home monitoring based on possible travel-based exposure to the virus, and officials expect the number of cases in California, the United States, and worldwide to increase; and
WHEREAS for more than a decade California has had a robust pandemic influenza plan, supported local governments in the development of local plans, and required that state and local plans be regularly updated and exercised; and
WHEREAS California has a strong federa l, state and local public health and health care delivery system that has effectively responded to prior events including the Hl N 1 influenza virus in 2009, and most recently Ebola; and
WHEREAS experts anticipate that while a high percentage of individuals affected by COVID-19 will experience mild flu-like symptoms, some will have more serious symptoms and require hospitalization, particularly individuals who are elderly or already have underlying chronic health conditions; and
WHEREAS it is imperative to prepare for and respond to suspected or confirmed COVID-19 cases in California, to implement measures to mitigate the spread of COVID-19, and to prepare to respond to an increasing number of individuals requiring medical care and hospitalization; and
WHEREAS if COVID-19 spreads in California at a rate comparab le to the rate of spread in other countries, the number of persons requiring medical care may exceed locally available resources, and controlling outbreaks minimizes the risk to the public, maintains the health and safety of the people of California, and limits the spread of infection in our communities and within the healthcare delivery system; and WHEREAS personal protective equipment [PPE) is not necessary for use by the general population but appropriate PPE is one of the most effective ways to preserve and protect California's healthcare workforce at this critical time and to prevent the spread of COVID-19 broadly; and WHEREAS state and local health departments must use all available preventative measures to combat the spread of COVID-19, which will require access to services, personnel, equipment, facilities , and other resources, potentially including resources beyond those currently available, to prepare for and respond to any potential cases and the spread of the virus; and
WHEREAS I find that conditions of Government Code section 8558(b), relating to the declarat ion of a State of Emergency , have been met; and
WHEREAS I find that the conditions caused by COVID-19 are likely to require the combined forces of a mutua l aid region or regions to appropriately respond; and
WHEREAS under the provisions of Government Code section 8625(c), I find that local authority is inadequate to cope with the threat posed by COVID-19; and
WHEREAS under the provisions of Government Code section 8571 , I find that strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to exist in California.
IT IS HEREBY ORDERED THAT:
1. In preparing for and responding to COV ID-19, all agencies of the state government use and emp loy state personnel , equipment , and facilities or perform any and all activit ies consisten t with the direction of the Office of Emergency Services and the State Emergency Plan, as well as the California Department of Public Health and the Emergency Medical Services Authority. Also, all residents are to heed the advice of emergency officials with regard to this emergency in order to protect their safety.
2. As necessary to assist local governments and for the protection of public health, state agencies shall enter into contracts to arrange for the procurement of materials , goods , and services needed to assist in prepar ing for, containing , responding to, mitigating the effects of, and recovering from the spread of COVID-19. Applicable provisions of the Government Code and the Public Contract Code, including but not limited to travel, advertising, and competitive bidding requirements, are
suspended to the extent necessary to address the effects of COVID-19.
3. Any out-of-state personnel, including , but not limited to, medical personnel, entering California to assist in preparing for, respond ing to, mitiga ting the effects of, and recovering from COVID-19 shall be permitted to prov ide services in the same manner as prescribed in Government Code section 179.5, with respect to licensing and certification . Permission for any such individual rendering service is subject to the approval of the Director of the Emergency Medical Services Authority for medical personnel and the Director of the Office of Emergency Services for non-medical personnel and shall be in effect for a period of time not to exceed the duration of this emergency.
4. The time limitation set forth in Penal Code section 396, subdivision {b), prohibiting price gouging in time of emergency is hereby waived as it relates to emergency supplies and medical supplies.
These price gouging protections shall be in effect through September 4, 2020.
5. Any state-owned properties that the Office of Emergency Services determines are suitable for use to assist in preparing for, responding to, mitigating the effects of, or recovering from COVID-19 shall be made available to the Office of Emergency Services for this purpose, notwithstanding any state or loca l law that would restrict, delay, or otherwise inhibit such use.
6. Any fairgrounds that the Office of Emergency Services determines are suitable to assist in preparing for, respond ing to, mitigating the effects of, or recovering from COVID-19 shall be made available to the Office of Emergency Services pursuant to the Emergency Services Act , Government Code section 8589.
The Office of Emergency Services shall notify the fairgrounds of the intended use and can imm ediately use the fairgrounds without the fairground board of directors' approval , and notwithstanding any state or loca l law that would restrict, delay, or otherwise inhibit such use.
7. The 30-day time period in Health and Safety Code section 101080, within which a local governing authority must renew a local health emergency, is hereby waived for the duration of this statewide emergency. Any such local health emergency will remain in effect until each local governing authority terminates its respective local health emergency.
8. The 60-day time period in Government Code section 8630, with in which local government authorities must renew a local
emergency , is hereby waived for the duration of this statewide emergency. Any local emergency proclaimed will remain in effect until each local governing authority terminates its respective local emergency.
9. The Office of Emergency Services shall provide assistance to local governments that have demonstrated extraordinary or disproportionate impacts from COVID-19, if appropriate and necessary, under the authority of the Ca lifornia Disaster Assistance Act, Government Code section 8680 et seq., and California Code of Regulations, ntle 19, section 2900 et seq. l 0. To ensure hospitals and other health facilities are able to adequately treat patients legally isolated as a result of COVID- 19, the Director of the California Department of Public Health may waive any of the licensing requirements of Chapter 2 of Division 2 of the Health and Safety Code and accompanying regulations with respect to any hospital or health facility identified in Health and Safety Code section 1250. Any waiver shall include alternative measures that , under the circumstances , will allow the facilities to treat legally isolated patients while protecting public health and safety. Any facilities being granted a waiver shall be established and operated in accordance with the facility's required disaster and mass casualty plan. Any waivers granted pursuant to this paragraph shall be posted on the Department's webs ite.
11.To support consistent practices across California , state departments, in coordination with the Office of Emergency Services, shall provide updated and specific guidance relating to preventing and mitigating COVID-19 to schools, employers , employees, first responders and community care facilities by no later than March 10, 2020.
12.To promptly respond for the protection of public health, state entities are , notwithstanding any other state or local law, authorized to share relevant medica l information , limited to the patient's underlying health conditions , age, current condition , date of exposure, and possible contact tracing, as necessary to address the effect of the COVID-19 outbreak with state , local , federal, and nongovernmental partners , with such information to be used for the limited purposes of monitoring, investigation and control , and treatment and coordination of care. The
ernor of California
notification requirement of Civil Code section 1798.24, subdivision (i), is suspended.
13. Notwithstanding Health and Safety Code sections 1797.52 and 1797.218, during the course of this emergency, any EMT-P licensees shall have the authority to tra nsport patients to medical facilities other than acute care hospitals when approved by the California EMS Authority. In order to carry out this order, to the extent that the provisions of Health and Safety Code sections 1797.52 and 1797.218 may prohibit EMT-P
licensees from transporting patients to facilities other than acute care hospitals, those statutes are hereby suspended until the termination of this State of Emergency.
14.The Department of Social Services may, to the extent the Department deems necessary to respond to the threat of
COVID-19, waive any provisions of the Health and Safety Code or Welfare and Institutions Code, and accompanying
regulations, interim licensing standards, or other written policies or procedures with respect to the use, licensing, or approval of facilities or homes within the Department's jurisdiction set forth in the California Community Care Facilities Act (Health and Safety Code section 1500 et seq.), the California Child Day Care Facilities Act (Health and Safety Code section 1596.70 et seq .), and the California Residential Care Facilities for the Elderly Act (Health and Safety Code section 1569 et seq.). Any waivers granted pursuant to this paragraph shall be posted on the Department's website.
I FURTHER DIRECT that as soon as hereafter possible, this proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this proclamation.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
affixed this 4th day
ATTEST:
ALEX PADILLA
Secretary of State
MOTION
MITCHELL ___________________________
KUEHL ___________________________
HAHN ___________________________
BARGER ___________________________
SOLIS ___________________________
AGN. NO.
MOTION BY SUPERVISOR HILDA L. SOLIS October 19, 2021
Los Angeles County Shelter Crisis Declaration
Los Angeles County (County) is home to the highest number of unsheltered homeless persons in the United States. Lack of shelter poses an acute, clear and imminent threat to the health and safety of all people experiencing homelessness (PEH), including those residing in the County. Unsheltered PEH experience disproportionately high rates of poor overall health; they often do not receive treatment for their physical and mental health symptoms; they are more likely to become victims of crime and exploitation; and they face an increased risk of premature death. However, when PEH gain access to shelter, their health conditions generally improve, as do their prospects of securing permanent housing (which, in turn, often leads to substantial improvements in health, life expectancy, and personal safety).
In the context of the global COVID-19 pandemic, access to shelter has become even more critical to the health and safety of PEH. In addition to the risks COVID-19 poses to all County residents, PEH face a wide range of additional threats related to their limited ability to self-isolate and lack of access to hygiene facilities.
In fact, PEH are often in worse health than the general population and suffer from numerous health conditions that make them more likely to suffer complications should they become infected with COVID-19. To meet the public health guidelines for appropriate physical distancing, existing homeless shelters have had to rearrange and reduce the number of beds in their facilities, resulting in a significant loss of capacity.
While the County, in partnership with the State, has temporarily housed more than 4,000 PEH through Project Roomkey, an initiative to enter into agreements with hotels to provide non-congregate shelter to COVID-vulnerable PEH, there remains a significant gap between the need for shelter and the availability of shelter beds.
In June 2020, the Los Angeles Homeless Services Authority (LAHSA) released the results of the 2020 Point-In-Time Count (PIT Count). It found that, on a given night, there are 66,436 people experiencing homelessness in the County, with 63,706 people experiencing homelessness in the Los Angeles County Continuum of Care (CoC). The CoC encompasses all of the County, except for Glendale, Pasadena, and Long Beach.
Seventy-two percent of the PEH in the County and the CoC do not have shelter. LAHSA did not conduct the 2021 PIT Count.
In response to the homelessness crisis that has affected the County for many years, and in response to the COVID-19 pandemic, the County and its governmental and non-governmental partners have taken many critical steps toward combatting and preventing homelessness. Building on the success of Project Roomkey, a temporary, emergency shelter initiative that brought seniors and other medically vulnerable people experiencing homelessness indoors to prevent the spread of COVID-19 through leasing hotel rooms, the County used the 2020 State Homekey funds to acquire 10 properties
(847 units). Nine of these properties are currently being used as interim housing for PEH and will be converted to permanent supportive housing (PSH) by 2023. One of the acquired properties is already operating as PSH. The County intends to apply for the State’s Fiscal Year 2021-2022 Homekey funding. If awarded, the County will use this second round of Homekey funding, along with the federal American Rescue Plan Act funding, to further expand the County’s permanent and interim housing capacity for PEH.
Given the complexity and magnitude of the homelessness crisis and the limited supply of affordable permanent housing in the County, there continues to be a significant and immediate need for interim housing in the County, including emergency shelter, to protect the life, health, and safety of PEH in the County.
Under Government Code Section 8698 et seq., the Board may find that a significant number of persons in the County are without the ability to obtain shelter, which results in a threat to their health and safety. In making such a finding, the Board may then declare that a shelter crisis exists. Upon the declaration of a shelter crisis, the County is empowered to take steps to mitigate the crisis. In particular, the County may designate certain of its public facilities to be used as homeless shelters during the crisis, which would mitigate the emergency.
On October 30, 2018, the Board declared the existence of a shelter crisis within the County for a one-year period from October 30, 2018 through October 29, 2019. On October 29, 2019 and October 13, 2020, the Board extended the shelter crisis declaration for the County for additional one-year periods from October 30, 2019 through October 31, 2020 and November 1, 2020 through November 1, 2021.
The instant motion will declare that a shelter crisis continues to be in effect in the County. The declaration provides that the shelter crisis is extended for an additional year, from November 2, 2021 through November 1, 2022. This extension is appropriate and necessary to address and mitigate the continuing shelter crisis in the County.
I THEREFORE MOVE that the Board of Supervisors:
1. Find that the proposed actions, which, among other things, declare that the shelter crisis previously declared to exist within the County remains in effect for an additional year, are not subject to the California Environmental Quality Act ("CEQA") because they are activities that are excluded from the definition of a project by Section 21065 of the California Public Resources Code and Sections 15061(b)(3) and 15378(b)(5) of the State CEQA Guidelines ("Guidelines") because they are organizational or administrative activities of government that will not result in direct or indirect physical changes to the environment; or, alternatively, that the proposed actions are statutorily exempt as specific actions necessary to prevent or mitigate an emergency pursuant to Section 21080(b)(4) of the Public Resources Code and Section 15269(c) of the Guidelines and Government Code section 8698.4(a)(4), which applies to actions taken by the County to lease, convey, or encumber land owned by the County, or to facilitate the lease, conveyance, or encumbrance of land owned by the County for, or to provide financial assistance to, a homeless shelter. Upon the Board’s approval of the recommended actions, the Chief Executive Officer (CEO) will file a Notice of Exemption with the County Clerk in accordance with Public Resources Code section 21152. Prior to approving any activities that would be considered projects
under CEQA, the County will ensure that necessary environmental findings are made;
2. Find that pursuant to Government Code Section 8698 et seq., a significant number of persons within the County are without the ability to obtain shelter, which has resulted in a threat to those persons' health and safety;
3. In accordance with Government Code Section 8698 et seq., adopt the attached Resolution declaring that the shelter crisis previously declared to exist within the County remains in effect for an additional year, during the period from November 2, 2021 through November 1, 2022;
4. Delegate authority to the CEO, or her designee, to designate County public facilities for use as homeless shelters during the period of the declared shelter crisis;
5. Find that as a result of the Board's shelter-crisis declaration, pursuant to Government Code Section 8698.1, any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety are hereby suspended for qualifying County public facilities serving as homeless shelters to the extent that strict compliance therewith would prevent, hinder or delay the County's efforts to mitigate the effects of the shelter crisis. As previously authorized by the Board, the CEO has enacted alternative minimal health and safety standards pursuant to Government Code section 8698.1(b) for qualifying facilities to be operative during the housing emergency;
6. Find that, pursuant to Government Code Section 8698.4, provisions of any housing, health, habitability, planning and zoning, or safety standards,
procedures, or laws are hereby suspended for County homeless shelters insofar as the County has adopted the emergency housing provisions of the Los Angeles County Building Code (LACBC), consistent with ensuring minimal public health and safety and the requirements of Government Code Section 8698.4;
7. Direct the CEO, or her designee, to take all appropriate steps to ensure compliance with the provisions of Government Code Section 8698.4, including but not limited to: (a) ensuring compliance with minimal public health and safety standards; (b) filing a copy of the County's emergency housing provisions of the LACBC with the Department of Housing and Community Development (HCD) upon adoption of an ordinance subject to Government Code section 8698.4; (c) developing a plan (as described in Government Code Section 8698.4) to address the shelter crisis on or before July 1, 2022; and (d) filing an annual report by January 1 of each year to the Senate Committee on Housing and the Assembly Committee on HCD; and
8. Authorize the CEO, or her designee, to take any other actions consistent with and/or necessary for the implementation of the shelter crisis declaration and foregoing actions
# # #
HLS:du
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS
ANGELES DECLARING AN EXTENSION OF THE SHELTER CRISIS
The Board of Supervisors of the County of Los Angeles finds:
WHEREAS, Los Angeles County (County) is home to the highest number of unsheltered homeless persons in the United States. Lack of shelter poses an acute, clear and imminent threat to the health and safety of all people experiencing homelessness (PEH), including those residing in the County.
WHEREAS, unsheltered PEH experience disproportionately high rates of poor overall health; they often do not receive treatment for their physical and mental health symptoms; they are more likely to become victims of crime and exploitation; and they face an increased risk of premature death. In the context of the global COVID-19 pandemic, access to shelter has become even more critical to the health and safety of PEH.
WHEREAS, in June 2020, the Los Angeles Homeless Services Authority (LAHSA) released the results of the 2020 Point-In-Time Count (PIT Count). It found that, on a given night, there are 66,436 people experiencing homelessness in the County, with 63,706 PEH in the Los Angeles County Continuum of Care (CoC). The CoC encompasses all of the County, except for Glendale, Pasadena, and Long Beach.
Seventy- two percent of the PEH in the County and the CoC do not have shelter.
LAHSA did not conduct the 2021 PIT Count.
WHEREAS, in response to the homelessness crisis that has affected the County for many years, and in response to the COVID-19 pandemic, the County and its governmental and non-governmental partners have taken many critical steps toward combatting and preventing homelessness.
WHEREAS, building on the success of Project Roomkey, a temporary, emergency shelter initiative that brought seniors and other medically vulnerable people experiencing homelessness indoors to prevent the spread of COVID-19 through leasing hotel rooms, the County used the 2020 State Homekey funds to acquire 10 properties (847 units). Nine of these properties are currently being used as interim housing for PEH and will be converted to permanent supportive housing (PSH) by 2023. One of the acquired properties is already operating as PSH. The County intends to apply for the State’s Fiscal Year 2021-2022 Homekey funding. If awarded, the County will use this second round of Homekey funding, along with the federal American Rescue Plan Act funding, to further expand the County’s permanent and interim housing capacity for PEH.
WHEREAS, given the complexity and magnitude of the homelessness crisis and the limited supply of affordable permanent housing in the County, there continues to be a
significant and immediate need for interim housing in the County, including emergency shelter, to protect the life, health, and safety of PEH in the County.
WHEREAS, under Government Code Section 8698 et seq., the Board may find that a significant number of persons in the County are without the ability to obtain shelter, which results in a threat to their health and safety. In making such a finding, the Board may then declare that a shelter crisis exists. Upon the declaration of a shelter crisis, the County is empowered to take steps to mitigate the crisis. In particular, the County may designate certain of its public facilities to be used as homeless shelters during the crisis, which would mitigate the emergency.
WHEREAS, on October 30, 2018, the Board declared the existence of a shelter crisis within the County for one-year period from October 30, 2018 through October 29, 2019.
On October 29, 2019 and October 13, 2020, the Board extended the shelter crisis declaration for the County for additional one-year periods from October 30, 2019 through October 31, 2020 and November 1, 2020 through November 1, 2021. The continuation and extension of the shelter crisis for an additional year, from November 2, 2021 through November 1, 2022, is appropriate and necessary to address and mitigate the continuing shelter crisis in the County.
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Los Angeles that:
Section 1. The Board adopts the recitals above as findings and determinations.
Section 2. Find that the proposed actions, which, among other things, declare that the shelter crisis previously declared to exist within the County remains in effect for an additional year, are not subject to the California Environmental Quality Act ("CEQA") because they are activities that are excluded from the definition of a project by Section 21065 of the California Public Resources Code and Sections 15061(b)(3) and 15378(b)(5) of the State CEQA Guidelines ("Guidelines") because they are organizational or administrative activities of government that will not result in direct or indirect physical changes to the environment; or, alternatively, that the proposed actions are statutorily exempt as specific actions necessary to prevent or mitigate an emergency pursuant to Section 21080(b)(4) of the Public Resources Code and Section 15269(c) of the Guidelines and Government Code section 8698.4(a)(4), which applies to actions taken by the County to lease, convey, or encumber land owned by the County, or to facilitate the lease, conveyance, or encumbrance of land owned by the County for, or to provide financial assistance to, a homeless shelter. Upon the Board’s approval of the recommended actions, the Chief Executive Officer (CEO) will file a Notice of Exemption with the County Clerk in accordance with Public Resources Code section 21152. Prior to approving any activities that would be considered projects under CEQA, the County will ensure that necessary environmental findings are made.
Section 3. Find that pursuant to Government Code Section 8698 et seq., a significant number of persons within the County are without the ability to obtain shelter, which has resulted in a threat to those persons' health and safety.
Section 4. In accordance with Government Code Section 8698 et seq., the County declares that the shelter crisis previously declared to exist within the County remains in effect for an additional year, during the period from November 2, 2021 through November 1, 2022.
Section 5. Delegate authority to the CEO, or her designee, to designate County public facilities for use as homeless shelters during the period of the declared shelter crisis.
Section 6. Find that as a result of the Board's shelter-crisis declaration, pursuant to Government Code Section 8698.1, any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety are hereby suspended for qualifying County public facilities serving as homeless shelters to the extent that strict compliance therewith would prevent, hinder or delay the County's efforts to mitigate the effects of the shelter crisis. As previously authorized by the Board, the CEO has enacted alternative minimal health and safety standards pursuant to Government Code section 8698.1(b) for qualifying facilities to be operative during the housing emergency.
Section 7. Find that, pursuant to Government Code Section 8698.4, provisions of any housing, health, habitability, planning and zoning, or safety standards, procedures, or laws are hereby suspended for County homeless shelters insofar as the County has adopted the emergency housing provisions of the Los Angeles County Building Code (LACBC), consistent with ensuring minimal public health and safety and the requirements of Government Code Section 8698.4.
Section 8. Direct the CEO, or her designee, to take all appropriate steps to ensure compliance with the provisions of Government Code Section 8698.4, including but not limited to: (a) ensuring compliance with minimal public health and safety standards; (b) filing a copy of the County's emergency housing provisions of the LACBC with the Department of Housing and Community Development (HCD) upon adoption of an ordinance subject to Government Code section 8698.4; (c) developing a plan (as described in Government Code Section 8698.4) to address the shelter crisis on or before July 1, 2022; and (d) filing an annual report by January 1 of each year to the Senate Committee on Housing and the Assembly Committee on HCD.
Section 9. Authorize the CEO, or her designee, to take any other actions consistent with and/or necessary for the implementation of this shelter crisis declaration and foregoing actions.
The foregoing resolution was on the 19th day of October 2021, adopted by the Board of Supervisors of the County of Los Angeles and ex officio the governing body of all other special assessment and taxing districts, agencies and authorities for which said Board so acts.
CELIA ZAVALA,
Executive Officer-Clerk of the Board of
Supervisors of the County of Los Angeles
By
Deputy
APPROVED AS TO FORM:
RODRIGO CASTRO-SILVA
County Counsel
By
ANA LAI
Senior Deputy County Counsel
GRAPHIC ELECTRIC, INC.
INDUSTRIAL & COMMERCIAL WIRING
State License No. 366293
FEBRUARY 10, 2022
MONTEBELLO TRANSIT
400 S. TAYLOR AVE.
MONTEBELLO, CA 90640
CONTACT: JAMES COINER
PROJECT: OPERATION STAY SAFE POWER
JOB SCOPE: PROVIDE LABOR AND MATERIAL TO INSTALL NEW 400 AMP 480
VOLT SERVICE AND DISTRIBUTION FOR NEW TINY HOME PROJECT
LABELED OPERATION STAY SAFE THAT WILL INCLUDE THE
FOLLOWING:
1. SAWCUT, BREAK, REMOVE AND BACK FILL TRENCH FOR NEW CONDUIT FOR SCE SERVICE METER OPTION #2.
2. INSTALL (1) 4” CONDUIT FROM THE NEW METER TO THE FACE OF THE EXISTING UNDERGROUND SLAB BOX.
3. INSTALL NEW CONCRETE PAD FOR 400 AMP METER. CONCRETE PAD TO TAKE UP (1) PARKING SPACE IN FRONT OF THE EXISTING METER AND BE APPROXIMATELY 6” HIGH TO MATCH EXISTING CURB.
4. INSTALL (1) 4’X8’ CONCRETE PAD FOR DISTRIBUTION BOARD H, TRANSFORMER TA AND PANEL A.
5. INSTALL (2) 5’X5’ CONCRETE PADS IN EXISTING PLANTER FOR TRANSFORMER TB/ PANEL B AND TRANSFORMER TC/ PANEL C.
6. INSTALL 5’X10’ CONCRETE PAD IN EXISING PLANTER FOR TRANSFORMER TD AND PANEL DP.
7. AUGGER (9) 18” HOLES 5’ DEEP FOR NEW POWER POLES.
8. PROVIDE AND INSTALL (9) 30’ CLASS 5 POWER POLES WITH PORCELAIN WIRE HOLDERS PER DRAWING LOCATIONS. BACK FILL AND COMPACT THE POWER POLE. POWER POLES AND DESIGN DETAILS ARE NOT SPECIFIED. IT IS ASSUMED YOU TAKE 10% OF THE TOTAL POLE LENGTH + 2’ TO GET YOUR DEPTH BELOW GRADE FOR THE POWER POLE.
9. INSTALL BRONCO OVERHEAD ALUMINUM QUAD SERVICE LINE FROM MS TO DISTRIBUTION BOARD H. OVERHEAD WIRES ARE QUOTED ALUMINUM
BECAUSE COPPER OVERHEAD WIRING IS NOT BEING CONSTRUCTED BY ANY MANUFACTURER.
10. INSTALL (1) BRONCO OVERHAD ALUMINUM QUAD SERVICE LINE FROM DISTRIBUTION H TO FEED TRANSFORMER TD. OVERHEAD WIRES ARE
QUOTED ALUMINUM BECAUSE COPPER OVERHEAD WIRING IS NOT BEING CONSTRUCTED BY ANY MANUFACTURER.
11. INSTALL (2) CHOLA OVERHEAD ALUMNIUM QUAD SERVCE LINES FORM DISTRIBUTION H TO FEED TRANSFORMERS TB AND TC. OVERHEAD WIRES
ARE QUOTED ALUMINUM BECAUSE COPPER OVERHEAD WIRING IS NOT BEING CONSTRUCTED BY ANY MANUFACTURER.
12. PROVIDE RISER CONDUITS AND WIRING FROM THE POWER POLE TO TRANSFOMRERS TB, TC AND TD. ALL CONDUIT TO BE IN ELECTRICAL METAL TUBING (EMT).
13. INSTALL EMT CONDUIT BETWEEN DISTRIBUTION BOARD H TO TRANSFORMER TA.
14. PROVIDE AND INSTALL (3) 25KVA 480 VOLT TO 120/240V 1Ø OUTDOOR TRANSFORMERS LABELED TA, TB AND TC. INTALL GROUNDING PER CODE FOR THE TRANSFORMERS. TRANSFORMERS HAVE BEEN SIZED TO FEED A FULL 100 AMPS PER PANEL SCHEDULE. THE SINGLE LINE DIAGRAM DOES NOT SUPPLY THE PANELS WITH THE FULL 100 AMPS.
15. PROVIDE AND INSTALL (3) OUTDOOR 100 AMP MAIN CIRCUIT BREAKER PANELS PER PANEL SCHEDULE ON SHEET E-1.2 LABELED PANEL A, B AND C.
16. INSTALL (3) 1” EMT SURFACE MOUNTED HOME RUN CONDUITS FROM PANEL A TO HOUSE #1-8. CONDUIT #1 TO HAVE (3) 30 AMP 120 VOLT CIRCUITS TO FEED HOUSES 1-3. CONDUIT #2 TO HAVE (3) 30 AMP 120 VOLT CIRCUITS TO FEED HOUSES 4-6. CONDUIT #3 TO HAVE (2) 30 AMP 120 VOLT CIRCUITS TO FEED HOUSES 7 AND 8. DOWNSIZE EMT CONDUIT TO ¾” AFTER THE 1ST HOUSE IN THE HOME RUN. ALL WIRING TO BE #10AWG.
CONDUIT AND WIRING SIZES ARE NOT DEPITCTED ON THE PLANS.
17. INSTALL (5) 1” EMT SURFACE MOUNTED HOME RUN CONDUITS FROM PANEL B TO HOUSE #9-20, 29 AND 30. CONDUIT #1 TO HAVE (3) 30 AMP 120 VOLT CIRCUITS TO FEED HOUSES 9, 29 AND 30. CONDUIT #2 TO HAVE (3) 30 AMP 120 VOLT CIRCUITS TO FEED HOUSES 10-12. CONDUIT #3 TO HAVE (3) 30 AMP 120 VOLT CIRCUITS TO FEED HOUSES 13-15. CONDUIT #4 TO HAVE (3) 30 AMP 120 VOLT CIRCUITS TO FEED HOUSES 16-18. CONDUIT #5 TO HAVE (3) 30 AMP 120 VOLT CIRCUITS TO FEED HOUSES 19, 20 AND STORAGE. DOWNSIZE EMT CONDUIT TO ¾” AFTER THE 1ST HOUSE IN THE HOME RUN. ALL WIRING TO BE #10AWG. CONDUIT AND WIRING SIZES ARE NOT DEPITCTED ON THE PLANS.
18. INSTALL (3) 1” EMT SURFACE MOUNTED HOME RUN CONDUITS FROM PANEL C TO HOUSE #21-28. CONDUIT #1 TO HAVE (3) 30 AMP 120 VOLT CIRCUITS TO FEED HOUSES 21-23 CONDUIT #2 TO HAVE (3) 30 AMP 120 VOLT CIRCUITS TO FEED HOUSES 24-26. CONDUIT #3 TO HAVE (2) 30 AMP 120 VOLT CIRCUITS TO FEED HOUSES 27 AND 28. DOWNSIZE EMT CONDUIT TO ¾” AFTER THE 1ST HOUSE IN THE HOME RUN. ALL WIRING TO BE #10AWG.
CONDUIT AND WIRING SIZES ARE NOT DEPITCTED ON THE PLANS.
19. PROVIDE AND INSTALL (1) 100KVA 480 TO 120/240V 1Ø OUTDOOR
TRANSFORMER TO FEED PANEL DP AND GROUND THE TRANSFORMER PER CODE.
20. PROVIDE AND INSTALL NEW 600 AMP OUTDOOR PANEL WITH 500 AMP MAIN CIRCUIT BREAKER LABELED DP.
21. INSTALL NEW SURFACE MOUNTED 3” EMT CONDUIT FROM DP WITH 300 MCM CABLES TO FEED THE LAUNDRY ROOM PANEL.INSTALL THE PANEL ON THE OUTSIDE OF THE LAUNDRY ROOM. IT IS ASSUMED THE LAUNDRY ROOM COMES PREWIRED. THIS PRICE DOES NOT INCLUDE ANY BUILD OUT
OF THE LAUNDRY ROOM OR THE LOAD SIDE WIRING FROM THE LAUNDRY ROOM PANEL. CONDUIT AND WIRING SIZES ARE NOT DEPITCTED ON THE PLANS.
22. INSTALL NEW SURFACE MOUNTED 2” EMT CONDUIT FROM DP WITH 3/0 AWG CABLES TO FEED THE SHOWER PANEL. INSTALL THE PANEL ON THE OUTSIDE OF THE SHOWER ROOMS. IT IS ASSUMED THE SHOWER ROOMS COMES PREWIRED. THIS PRICE DOES NOT INCLUDE ANY BUILD OUT OF
THE SHOWER ROOMS OR THE LOAD SIDE WIRING FROM THE SHOWER ROOM PANEL. CONDUIT AND WIRING SIZES ARE NOT DEPITCTED ON THE PLANS.
23. INSTALL NEW SURFACE MOUNTED 1.25” EMT CONDUIT FROM DP WITH #1 AWG CABLES TO FEED THE ADA SHOWER PANEL. INSTALL THE PANEL ON THE OUTSIDE OF THE ADA SHOWER ROOMS. IT IS ASSUMED THE ADA SHOWER ROOMS COMES PREWIRED. THIS PRICE DOES NOT INCLUDE ANY
BUILD OUT OF THE ADA SHOWER ROOMS OR THE LOAD SIDE WIRING FROM THE SHOWER ROOM PANEL. CONDUIT AND WIRING SIZES ARE NOT DEPITCTED ON THE PLANS.
24. ISNTALL (2) 30 AMP 120 VOLT CIRCUITS IN ¾” EMT CONDUIT TO FEED THE OFFICE AND SECURITY.
25. IT IS ASSUMED ALL STRUCTURES INCLUDING HOUSES, LAUNDRY, SHOWERS, ADA SHOWERS, OFFICE AND SECURITY COME PREWIRED.
26. TEST POWER AND LABEL ALL PANELS, JUNCTION BOXES AND UNITS.
NOTES:
1. THIS PRICE IS BASED ON NORMAL BUSINESS HOURS 6 AM-2:30 PM.
2. THIS PRICE IS BASED ON PREVAILING WAGE RATES.
3. THIS PRICE DOES NOT INCLUDE DESIGN, ENGINEERING, TITLE 24, PERMITS OR FEES. IF THIS IS REQUIRED THESE ARE TO BE REIMBUSED TO GRAPHIC ELECTRIC.
4. THIS PRICE INCLUDES MAN LIFTS, REACH FORKS AND AUGGER EQUIPMENT FOR THIS PROJECT.
5. DUE TO MATERIAL PRICE FLUCTUATIONS THIS PRICE IS VALID FOR 30 DAYS.
6. THIS PRICE DOES NOT INCLUDE ANY LIGHITNG.
JOB #1: $245,500.00
TWO HUNDRED FORTY FIVE THOUSAND FIVE HUNDRED DOLLARS & 00/100.
SUBMITTED BY: __Chase Navarro ____________________
Chase Navarro
ACCEPTED BY: _______________________________________
6644 EAST 26
th STREET CITY OF COMMERCE, CA 90040 323-728-4277 FAX 323-728-5399 E-mail: [email protected]
1 CITY OF MONTEBELLO
STANDARD PUBLIC WORKS AGREEMENT
THIS STANDARD PUBLIC WORKS AGREEMENT (“AGREEMENT”) is made and entered into on _________, 2022 (“Effective Date”) by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and ___________________________ (“CONTRACTOR”). The CITY and CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, the CITY desires to retain a qualified professional contractor to provide electrical construction services for the Operation Stay Safe Project to the CITY (“PROJECT”); and
WHEREAS, CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements herein contained, the parties do hereby agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND CONTRACT DOCUMENTS
a. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, the CONTRACT DOCUMENTS for the PROJECT shall consist of CONTRACTOR’s Quote for the PROJECT, Scope of Work, general specifications and all referenced specifications, details, standard drawings, and appendices, together with this Agreement and all required bonds, and insurance certificates. All of the “Agreement Documents” are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. The CONTRACT DOCUMENTS are incorporated herein by this reference and made part hereof as though they were fully set forth herein.
b. In case any of the CONTRACT DOCUMENTS conflict with each other, the order of preference for the CONTRACT DOCUMENTS is:
1. This AGREEMENT and its Exhibits and or Attachments, including any and all addenda or supplemental agreements.
2. CONTRACTOR’S Quote dated _______
3. Standard drawings
4. Details
5. Special provisions, if any
7. General specifications and all referenced specifications
2 SECTION 2. THE WORK
For and in consideration of the payments and agreements to be made and performed by the CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS.
SECTION 3. TERM
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire one (1) year from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to one (1) additional, one-year extension upon such terms and conditions mutually agreed upon by the Parties in writing.
b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by the CITY’s applicable, department head.
SECTION 4. COMPENSATION
CONTRACTOR hereby agrees to receive and accept the total amount of ___________________________________ ($_____________), which is based on performing all of the work shown on Bidders Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. CITY shall herein retain five percent (5%) of said price until said time as the provisions of SEC. 18 herein have been met.
4.1. Progress Payments
Progress Payments shall be made in accordance with section the General Provisions and the provisions of this Section 4.1. Upon receipt of a properly presented payment request, the CITY shall process the payment request in accordance with Public Contract Code Section 20104.50. The CITY shall review the payment request as soon as possible.
If the CITY rejects the payment request, it shall be returned to the CONTRACTOR within seven (7) days of its receipt by the CITY with an explanation for the reasons of its rejection.
If the payment request is approved in writing by the CITY, payment shall be made in thirty (30) days of receipt of an undisputed and properly presented payment request. Late payments shall bear interest at the legal rate of interest in accordance with Code of Civil Procedure 685.010. The CITY shall pay CONTRACTOR a sum based upon ninety five
3 percent (95%) of the Agreement price apportionment of the labor and materials incorporated into the work under the Agreement during the period covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 4.2 of this Agreement for retention of funds.
4.2. Retention of Funds
Progress payments shall be made in accordance with the provisions of Section 4.1 of this Agreement. In accordance with said section, the CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the Agreement price in proportion to the labor and materials incorporated into the work under the Agreement during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the CONTRACTOR within sixty (60) days after final acceptance of the work by the City Council of the CITY (“City Council”), after CONTRACTOR shall have furnished the CITY with a release of all undisputed Agreement amounts, if required by the CITY. In the event there are any claims specifically excluded by CONTRACTOR from the operation of the release, the CITY may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. CITY’s failure to deduct or withhold shall not affect CONTRACTOR’s obligations hereunder.
4.3. Substitution of Securities
Pursuant to Public Contract Code Sec. 22300, CONTRACTOR shall be allowed to substitute securities for any moneys withheld by the CITY to ensure performance under an Agreement, unless, federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR.
Upon satisfactory completion of the Agreement, the securities shall be returned to CONTRACTOR.
SECTION 5. UNDOCUMENTED WORKERS
CONTRACTOR hereby promises and agrees to comply with all of the provisions of Federal and/or State law as the same shall apply to this PROJECT pertaining to the employment of unauthorized aliens as defined therein. Should CONTRACTOR so employ unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the Federal Government impose sanctions against the CITY for use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, hold harmless, indemnify and defend CITY for the cost of all such sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by the CITY in connection therewith.
SECTION 6. NOTICE TO PROCEED
CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued in writing to CONTRACTOR by the CITY and shall complete work on the PROJECT within 30 Working Days from the commencement thereof.
4 SECTION 7. DISCOVERY OF HAZARDOUS OR LATENT CONDITIONS
a. CONTRACTOR shall, without disturbing the condition, notify the CITY in writing as soon as CONTRACTOR, or any SUB-CONTRACTOR, agent or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
1. The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;
2. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or,
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.
c. The CITY shall promptly investigate the reported conditions. If the CITY, through the City Engineer or his/her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in CONTRACTOR’s cost of or time required for performance of any part of the work, then the CITY shall issue a change order. d. In the event of a dispute between the CITY and CONTRACTOR as to whether the conditions materially differ or involve hazardous waste or cause a decrease or increase in CONTRACTOR’s cost of, or time required for performance of any part of the work, CONTRACTOR shall not be excused from any schedule completion date, and shall proceed with all work to be performed under the Agreement. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.
SECTION 8. MISCELLANEOUS STATUTORY REQUIREMENTS
8.1. CONTRACTOR License.
CONTRACTOR shall possess a california CONTRACTOR’s license type _____________ for the performance of the Project.
8.2. Ineligible CONTRACTOR Prohibited.
Any CONTRACTOR or SUB-CONTRACTOR who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited from performing work under this Agreement.
8.3. Compliance with SB 854 Registration.
5 This PROJECT is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime CONTRACTOR or SUBCONTRACTOR may be awarded an Agreement for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. CONTRACTOR will be required to post job site notices as described in 8 California Code of Regulation section 16451(d).
8.4. Trench and Pipeline Safety.
If this Agreement is for more than $25,000 and involves excavation of any trench five feet or more in depth, CONTRACTOR shall submit a detailed plan of shoring, bracing, sloping or other provisions to be made for worker protection in accordance with Labor Code Section 6705. Such plan shall be approved by a qualified representative of the CITY.
8.5. Utility Relocation.
The CITY is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. The CITY shall reimburse CONTRACTOR for any costs incurred in locating, repairing damage not caused by CONTRACTOR and removing or relocating such unidentified utility facilities, including equipment idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
8.6. Third Party Claims Notification.
The CITY shall timely notify CONTRACTOR in writing of any third party claims relating to the Agreement.
8.7. Unfair Business Practices Claims.
The CONTRACTOR or SUB-CONTRACTOR offers and agrees to assign to the CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works Agreement or the sub-Agreement. This assignment shall be made and become effective at the time the CITY renders final payment to CONTRACTOR without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.).
8.8. Day’s Work.
CONTRACTOR acknowledges that under California Labor Code sections 1810 and following, eight (8) hours of labor constitutes a legal day’s work. CONTRACTOR will forfeit as a penalty to CITY the sum of $25.00 for each worker employed in the execution of this Agreement by CONTRACTOR or any SUB-CONTRACTOR for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor
6 Code section 1810. (Labor Code § 1813).
8.9. Payroll Records.
CONTRACTOR shall maintain the certified payroll records required by Labor Codes Sec. 1776 and shall report such records directly to the California Labor Commissioner as required by Labor Code Sec. 1771.4. CONTRACTOR shall inform the CITY of the location of the records enumerated under Labor Code Sec. 1776, including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
8.10. Employment of Apprentices.
Nothing in this Agreement prevents CONTRACTOR or any SUB-CONTRACTOR from employing properly registered apprentices in the execution of the Agreement.
CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that CONTRACTORs and SUBCONTRACTORs must submit Agreement award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that CONTRACTORs and SUB-CONTRACTORs must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice Agreements, may be employed on public works in apprenticeable occupations.
8.11. Records Audit
In accordance with Government Code, Section 8546.7, records of both the CITY and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.
SECTION 9. PREVAILING WAGES
a. CONTRACTOR shall pay prevailing Wage rates for this Project in accordance with the “General Wage Determination Made by the Director of Industrial Relations (“DIR”) Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Los Angeles County. Wage rates shall conform with those posted at the DIR website and the Project site.
b. The following Labor Code sections are hereby referenced and made a part of this Agreement:
1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
2. Section 1777.4 - Apprenticeship Requirements.
7 3. Section 1777.5 - Apprenticeship Requirements.
4. Section 1813 - Penalty for Failure to Pay Overtime.
5. Sections 1810 and 1811 - Working Hour Restrictions.
6. Section 1775 - Payroll Records.
7. Section 1773.8 - Travel and Subsistence Pay.
SECTION 10. INDEMNITY, DEFENSE AND HOLD HARMLESS
a. CONTRACTOR shall indemnify, defend with legal counsel approved by the CITY, and hold harmless the CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both the CITY and CONTRACTOR, or should the CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
b. CONTRACTOR obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless the CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the CITY is shown to have been actively negligent and where the CITY’S active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of the CITY.
SECTION 11. BONDS
a. CONTRACTOR, before commencing said PROJECT, shall furnish and file with the CITY, a Performance Bond, or bonds in the sum of one hundred percent (100%) of the Agreement price thereof conditioned upon the faithful performance of this Agreement in the form attached hereto as Exhibit “B.”.
b. CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a Payment Bond in the sum of 100% of the Agreement price, conditioned upon the payment
8 of all labor and materials furnished in connection with this Agreement in the form attached hereto as Exhibit “C.”
c. CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a Warranty Bond in the amount of 50% of the Agreement price, conditioned upon the guaranty and warranty of the work and labor and materials in connection with the work performed on the Project pursuant to this Agreement in the form attached hereto as Exhibit “D.”
SECTION 12. INSURANCE REQUIREMENTS
a. Prior to commencing work hereunder, CONRACTOR shall provide the CITY with proof of insurance naming the CITY and each of its directors, officers, agents, and employees as additional-named insureds on a policy or policies of insurance providing and maintaining the coverages set forth in the Insurance Schedule attached hereto as Exhibit A. The CITY shall have the right to hold the policies and policy renewals, and CONTRACTOR shall promptly furnish to CITY all renewal notices and all receipts of paid premiums. CITY may make proof of loss if not made promptly by CONTRACTOR.
b. Evidence of Insurance prior to commencement. CONTRACTOR shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
SECTION 13. LIQUIDATED DAMAGES
In addition, pursuant to the authority of California Public Contract Code Section 7102, the CITY and CONTRACTOR agree that the determination of actual damages for any unreasonable delay in performance of this Agreement caused by CITY would be extremely difficult or impractical to determine in the event of a breach of this Agreement by the CITY.
Therefore, if the CITY is determined to be liable for such unreasonable delays, the CITY and its sureties shall be liable to the CONTRACTOR for the sum of two hundred dollars ($200.00) as liquidated damages for each working day of delay in the performance of any service required hereunder.
SECTION 14. DISPUTE RESOLUTION
14.1. Claims of $375,000 or Less
9 a. A claim by the CONTRACTOR for a time extension, for money damages for work, or a payment disputed by the CITY must be submitted to a resolution process in accordance with Public Contract Code Sections 20104-20104.4. A summary of Sections 20104-20104.4 are as follows:
(1) Informal negotiation between the CITY and CONTRACTOR. (2) Mediation with CONTRACTOR.
(3) Court mandated Arbitration.
(4) Court trial. If the party requesting the court trial does not prevail, then that party must pay all court costs and attorney's fees.
14.2 Public Contract Code 9204 Claims
CONTRACTOR shall comply with the procedure set forth in Public Contract Code section 9204 for any claim, as that term is defined therein, for one or more of the following:
1) a time extension, including, without limitation, for relief from damages or penalties for delay, 2) payment of money or damages arising from work done pursuant to this Agreement, and/or 3) payment of an amount disputed by the CITY under this Agreement. A summary of the provisions of Public Contract Code Section 9204 is as follows:
1. CONTRACTOR must send a claim to the CITY for a time extension, payment for work not in the Agreement, or payments disputed by the CITY by registered mail or certified mail with return receipt requested.
2. The CITY must respond within 45 days as to which claims are disputed and undisputed.
3. If claim remains in dispute, CONTRACTOR may request informal meet and confer meeting with the CITY.
4. After meet and confer, an disputed claim remaining shall be submitted to non- binding mediation.
5. All undisputed claims shall be paid within 60 days.
SECTION 15. TERMINATION.
15.1. Termination for Convenience.
The CITY may terminate this Agreement, in whole or in part, with thirty (30) days’ written notice to CONTRACTOR when it is in the CITY’s best interest. CONTRACTOR shall be paid its costs, including Agreement close-out costs, and profit on work performed up to the time of termination. CONTRACTOR shall promptly submit its termination claim to the CITY to be paid the CONTRACTOR. If CONTRACTOR has any property in its possession belonging to the CITY, CONTRACTOR will account for the same, and dispose of it in the manner the CITY directs. CONTRACTOR may terminate this Agreement, in whole, with ninety (90) days’ written notice to the CITY.
15.2 Termination for Default.
10 If at any time CONTRACTOR is determined to be in material breach of the Agreement, a Notice of Potential Breach of Agreement shall be prepared by the CITY, and will be served upon CONTRACTOR and its sureties. If CONTRACTOR continues to neglect or refuses to comply with the Agreement or with the Notice of Potential Breach of Agreement to the satisfaction of the CITY within the time specified in such Notice, the CITY shall have the authority to terminate the Agreement for this Project.
15.3 Waiver of Remedies for any Breach.
In the event that the CITY elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this Agreement, such waiver by the CITY shall not limit the CITY’s remedies for any succeeding breach of that or of any other term, covenant, or condition of the Agreement.
SECTION 16. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF
PROJECT
In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) calendar days after receipt of written demand from the CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.
SECTION 17. COMPLIANCE WITH APPLICABLE LAWS
CONTRACTOR hereby promises and agrees to comply with all provisions of all applicable state and federal laws in connection with the performance of its obligations under this Agreement.
SECTION 18. NOTICE OF COMPLETION
Upon completion of the PROJECT and acceptance of same by the City Council, the CITY shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty-five (35) days from the date said Notice of
11 Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to SEC. 4 hereof; provided there have been no mechanics’ liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work.
SECTION 19. AUTHORITY
Any person executing this Agreement on behalf of CONTRACTOR warrants and represents that he or she has the authority to execute this Agreement on behalf of CONTRACTOR and has the authority to bind CONTRACTOR to the performance of its obligations hereunder.
SECTION 20. ENTIRE AGREEMENT
This Agreement, including the Agreement Documents and any other documents incorporated herein by specific reference, represents the entire and integrated Agreement between the CITY and the CONTRACTOR. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Agreement.
SECTION 21. ATTORNEY’S FEES AND COSTS
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation.
All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
SECTION 22. INDEPENDENT CONTRACTOR
CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent CONTRACTOR. Neither the CITY, nor any of its officers, employees or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’S officers, employees or agents, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the CITY, nor shall the CITY officers, employees or agents be deemed the officers, employees, or agents of CONTRACTOR as a result of this Agreement.
SECTION 23. NOTICE
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e-mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business
12 day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
To the CITY: City of Montebello
Attn: René Bobadilla, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
With copy to: City of Montebello – Department of Public Works Attn: James Enriquez, P.E., Director/City Engineer
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1462
Email: [email protected]
To CONTRACTOR: _________________________.
Attn: _____________________
[ENTER ADDRESS]
[ENTER PHONE NUMBER]
Email: [ENTER EMAIL]
An electronic communication (“Electronic Notice ”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 24. PROHIBITION AGAINST ASSIGNMENT
The experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for the CITY to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the CITY. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of CONTRACTOR, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release CONTRACTOR or any surety of CONTRACTOR of any liability hereunder without the express consent of the CITY.
SECTION 25. CUMULATIVE REMEDIES
13 The provisions of this Agreement are cumulative and in addition to and not in limitation of any rights or remedies available to the CITY.
SECTION 26. COUNTERPARTS
This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the date next to their respective officers duly authorized signatures in that behalf.
CITY OF MONTEBELLO
(“CITY”)
By: ___________________________________
René Bobadilla, City Manager
Date: _______
ATTEST:
_____________________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM
_______________________________________
Arnold M. Alvarez-Glasman, City Attorney
__________________________
(“CONTRACTOR”)
By:
________________________________
Date: _______
By: ________________________
Date: _______
14 EXHIBIT “A”
INSURANCE REQUIREMENTS
On or before beginning any of the work called for by any term of this Agreement, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of this Agreement, and provide proof thereof that is acceptable to the CITY of its procurement of the insurance specified below from insurers and under forms of insurance satisfactory in all respects to the CITY. Such insurance shall not be in derogation of CONTRACTOR’s obligations to provide indemnity under this Agreement.
1. Comprehensive General Liability and Automobile Liability Insurance Coverage.
CONTRACTOR shall carry and maintain Comprehensive General Liability and Automobile Liability Insurance which provides the following:
Minimum coverage: Bodily injury limits of $2,000,000 for each person and $2,000,000 for each occurrence; property damage limits of $2,000,000 for each occurrence, $5,000,000 aggregate.
Products/Completed Operations Hazard Insurance in an amount of not less than FIVE MILLION DOLLARS ($5,000,000);
A combined single limit policy with aggregate limits in an amount of not less than Five MILLION DOLLARS ($5,000,000) shall be considered equivalent to the said required minimum limits set forth herein above.
If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned real property and automobiles. Insurance coverage shall not be subject to any type of pollution exclusion or owned property exclusions.
2. Automobile Liability.
CONTRACTOR shall carry and maintain Automobile Liability Insurance which provides a minimum coverage of at least $5,000,000 per accident for bodily injury and property damage.
3. Worker's Compensation.
CONTRACTOR shall carry and maintain worker’s compensation in the amount of $1,000,000 as required by the California Labor Code for all persons employed directly or indirectly in connection with this Agreement by CONTRACTOR. To the extent that CONTRACTOR utilizes any SUB-CONTRACTOR for the performance of any part of the
15 work under this Agreement, CONTRACTOR shall require and assure that such SUB- CONTRACTOR also carry and maintain worker’s compensation as required by the California Labor Code for all persons directly or indirectly in connection with this Agreement.
4. Additional Insureds.
The CITY, its officers, agents and employees must be named as additional insureds or as additional loss payees in all insurance policies required by this Agreement. An endorsement to this effect shall be delivered to the CITY prior to the commencement of any work. Satisfaction of any deductible requirement shall be the responsibility of CONTRACTOR. Such insurance shall be primary and noncontributory with any other insurance maintained by the CITY.
5. Notice of Cancellation.
CONTRACTOR agrees to oblige its insurance agent or broker and insures to provide CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
6. Severability Clause.
Each of the policies of insurance shall contain a clause substantially as follows:
The insurance afforded by this policy applies separately to each insured against whom a claim or suit is made or suit is brought, except with respect to the limit of the insurer's liability.
7. Qualifications of Insurer.
All policies of insurance shall be issued by an insurance company acceptable to the CITY and authorized to issue said policy in the State of California.
8. Approval of Insurer.
The insurance carrier providing the insurance shall be chosen by CONTRACTOR subject to approval by the CITY, provided that such approval shall not be unreasonably withheld.
9. Payment of Premiums.
All premiums on insurance policies shall be paid by CONTRACTOR making payment, when due, directly to the insurance carrier, or in a manner agreed to by the CITY.
10. Evidence of Insurance and Claims.
CONTRACTOR shall provide certificates of insurance to the CITY as evidence of insurance coverage required herein, along with a waiver of subrogation endorsement for
16 workers’ compensation. The CITY’s Risk Manager must approve insurance certificates and endorsements prior to commencement of performance. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
17 (Use of City Bond Form is Required)
EXHIBIT “B”
PERFORMANCE BOND
PUBLIC WORK
(CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the Principal and the City of Montebello (“Obligee”) have entered into a written Agreement, hereinafter called the Agreement, a copy of which is or may be attached hereto, dated the ______ day of ____________________, ______ referred to and made a part hereof for __________________________________________________________________________ and all appurtenant work in accordance with Project No. , which agreement requires the Principal to provide Obligee with this bond.
NOW THEREFORE, we, _______________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of _________________________, and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of _____________________________, as Obligee, in the sum of _________________________________________________________________ Dollars ($_______________________), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
The address at which the Surety may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
The address at which the Principal may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
The condition of the foregoing obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, and each of his or its SUB-CONTRACTORs shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said Agreement, and during the life of any guaranty required under the Agreement, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said Agreement that may hereafter be made, then this obligation shall be void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the
18 specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
This document is signed by the respective parties on the dates next to their names.
Principal
By: __________________________________
Title: ________________________________
Surety
By: __________________________________
Title: ________________________________
Date: ________________________________
Date: ________________________________
I declare under penalty of perjury under the laws of the State of California that the contents of the above Faithful Performance Bond are true and correct, and that I have been duly authorized to sign this Faithful Performance Bond on behalf of Surety. This Declaration is signed on , in the City of , State of California.
--OR--
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
State of California )
)
County of ___________________________ )
On ______________ before me, ____________________________________(here insert name and title of the officer), 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)
-- AND –
19 (Proof of signature authorization or power of attorney must be attached)
APPROVED AS TO FORM:
_________________________
City Attorney
20 (Use of City Bond Form is Required)
EXHIBIT “C”
Labor and Materials Payment Bond
PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, ________________________________________, as Principal, has entered into an Agreement dated ___________________, _____, (the "Agreement") with the City of _____________________________ (Obligee) referred to and made a part hereof to perform the following work of public improvement, to wit:
________________________________________________________________________________ ________________________________________________________________________________ ____________________________________________________________________and all appurtenant work in accordance with the plans and specifications for Project No._______, which requires Principal to file this bond to secure claims made under Civil Code Sections 9550-9554..
NOW THEREFORE, we, ____________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of ______________________ and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of _____________________________, as Obligee, and all SUB-CONTRACTORs, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of
_________________________________________________ Dollars ($_______________________), lawful money of the United States of America, which is 100% of the amount of the Agreement, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
The address at which the Surety may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
The address at which the Principal may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
If the above bounden Principal, his or its heirs, executors, administrators, successors, assigns, or any of his or its SUB-CONTRACTORs, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work agreed to be done, or for any work or labor to persons named in Section 9100 of the Civil Code, or for amounts due under the Unemployment Insurance Code with respect to such work or labor performed under the Agreement, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the CONTRACTOR and SUB-CONTRACTORs pursuant to Section 13020 of the Unemployment Insurance Code, then the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's
21 fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.
As part of the obligation secured hereby, the Surety shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any Agreement, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the Agreement, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such Agreement or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.
This bond shall inure to the benefit of any and all persons, companies and corporations named in Civil Code Section 9100 so as to give them a right of action in a suit on this bond.
This bond is executed for the purpose of complying with the laws of the State of California designated as Title 3, Chapter 5, Payment Bond, commencing with Section 9550 of the Civil Code of the State of California and all amendments thereto, and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.
This document is signed by the respective parties on the dates next to their names.
Principal
By: _________________________________
Title: ________________________________
Surety
By: _________________________________
Title: ________________________________
Date: ________________________________
Date: ________________________________
I declare under penalty of perjury under the laws of the State of California that the contents of the above Labor and Materials Payment Bond are true and correct, and that I have been duly authorized to sign this Labor and Materials Payment Bond on behalf of Surety. This Declaration is signed on ______ , in the City of _____, State of California.
--OR--
22 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
State of California )
)
County of ___________________________ )
On ______________ before me, ____________________________________(here insert name and title of the officer), 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)
-- AND –
(Proof of signature authorization or power of attorney must be attached)
APPROVED AS TO FORM:
________________________
City Attorney
23 (Use of City Bond Form is Required)
EXHIBIT “D”
Warranty Bond
PUBLIC WORKS (CALIFORNIA)
WHEREAS, the City Council of the City of _____________________________, State of California, and ________________________________________________, (hereinafter designated as "Principal") have entered into a written Agreement (the "Agreement") dated ________________________ whereby Principal agrees to install and complete certain designated public improvements, which Agreement is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done or defective materials furnished.
NOW, THEREFORE, we, the Principal and __________________________________ ______________________, a corporation organized under the laws of ____________________, and duly authorized to transact business in the State of California, as Surety, are held and firmly bound unto the City of _____________________________, (hereinafter called "City"), in the penal sum of
____________________________________________________________________________Doll ars, ($__________________) lawful money of the United States, which is 50% of the amount of the Agreement, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The address at which the Surety may be served with notices, papers and other documents is:
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________
The address at which the Principal may be served with notices, papers and other documents is:
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the CITY, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by the CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the
24 specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.
This document is signed by the respective parties on the dates next to their names.
Principal
By: __________________________________
Title: ________________________________
Surety
By: _________________________________
Title: _______________________________
Date: _______________________________
Date: ________________________________
I declare under penalty of perjury under the laws of the State of California that the contents of the above Warranty Bond are true and correct, and that I have been duly authorized to sign this Warranty Bond on behalf of Surety. This Declaration is signed on ___, in the City of , State of California.
--OR--
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
State of California )
)
County of _______________ )
On ______________ before me, ____________________________________(here insert name and title of the officer), 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)
-- AND –
25 (Proof of signature authorization or power of attorney must be attached)
APPROVED AS TO FORM:
__________________________
City Attorney
I TEM #____
C
ITY OF MONTEBELLO
CI
TY COUNCIL AGENDA STAFF REPORT
TO
: Honorable Mayor and City Council Members
F
ROM: René Bobadilla, P.E., City Manager
B
Y: Joseph A. Palombi, Director of Planning and Community Development Arnold M. Alvarez-Glasman, City Attorney
S
UBJECT: Approve Amendment No. 2 to Commercial Cannabis Business Development Agreement No. 11-19 (City Agreement No. 3676) D
ATE: February 23, 2022
RECOMMENDATIONS:
It is recommended that the City Council:
1) A
pprove, in substantially the form as presented, the Amendment to Cannabis Business Development Agreement No. 11- 19 for the operation of commercial cannabis activities in the City of Montebello, and authorize the City Attorney’s Office to make final and technical edits or revisions, if any, prior to execution, which authorizes the transfer of Development Agreement No. 11- 19 and Conditional Use Permit No. 11-19; and
2) Condition the approval of the Amendment and CUP on the respective owner(s) and operator(s) clearing the requisite background checks, providing all exhibits to the development agreement amendments and missing information, if any, to the City of Montebello in a form acceptable to the City Attorney’s Office no later than March 15, 2022 and on a case-by-case basis, authorize Director of Planning and Community Development Joseph Palombi discretion to provide the applicant(s) additional time if necessary in light of the current COVID-19 logistical limitations; and
3) Adopt findings contained herein exempting the Amendment from further CEQA review under CEQA Section 15301, and direct staff to prepare and file the applicable Notices of Exemption for each project recommended for approval; and
4) Take such additional, related action that may be desirable, and/or provide the City Attorney’s office and/or staff with additional or alternative directive(s). 16 CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Approve Amendment to Commercial Cannabis Business Development Agreement No. 11-19 (City Agreement No. 3676)
FISCAL IMPACT
The recommended action will have a substantially positive fiscal impact to the City by generating operating fees based on the gross receipts’ percentages and square footage, as applicable, and annual community benefit fees in the annual amount of $50,000.00 per location.
An estimate of total, ongoing revenue from this operation is not possible until t hey begin operating. Staff in the Community Development and Finance Departments work together to ensure all operating businesses abide by the terms of their respective development agreements. Staff will work to ensure proper reporting of activity and collection of revenue due occurs once operations commence for the various cannabis operators. Subsequent budgets will include projections of cannabis related revenue.
BACKGROUND
On September 13, 2017, the City of Montebello (the “City”) adopted Ordinance No. 2399 and No. 2400 adding Chapters 5.90 and 17.71 to the City Municipal Code allowing cannabis cultivation, manufacturing, and testing with a required development agreement and conditional use permit under specified location restrictions.
On June 13, 2018, the City adopted Ordinance No. 2404 and No. 2405, adding delivery- only retail sales and distribution along with cultivation, manufacturing, and testing as conditionally approved activities/uses in the M -1 and M -2 zones with a required development agreement and sensitive use buffer of 600 feet from residential zones and other sensitive uses.
On February 13, 2019, the City Council held a public hearing for the selection of potential cannabis operators for Phase 3 consideration and adoption of fees. The City Council selected 21 potential operators, adopted cannabis business application fees, and established a conditional use permit filing due date of March 4, 2019 for said operators.
Since the selection of potential cannabis operators, multiple departments of City staff and the City Attorney’s Office has worked with said operators to finalize the conditional use permit application and negotiate a final development agreement, respectively. The applicant for transfer under consideration relates to the property located at 7895 Telegraph Road, Montebello, California. The current owner, Sam -Kap, Inc. (“Owner”) is seeking authorization to transfer the Development Agreement and Conditional Use Agreement (“CUP”) to Med Bloom, LLC (“New Owner”). City staff and the City Attorney’s office has reviewed the application for transfer and modification and has determined that the requested transfer meets the requirements for approval, subject to completing the required background checks, and has paid the requisite fees.
The proposed modification and transfer to commercial cannabis Development Agreement CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Approve Amendment to Commercial Cannabis Business Development Agreement No. 11-19 (City Agreement No. 3676)
and transfer of the CUP is before City Council’s consideration at tonight’s meeting. Such approval would be consistent with past transfer approvals considered and authorized by previous City Council action.
ANALYSIS
Article 19 of the Development Agreement, “Assignment by Owner,” prohibits the transfer, delegation, sublet or assignment by Owner of any portion of Owner’s interests, rights, duties, and obligations described in Development Agreement without prior written consent and approval by the City, as required under Montebello Municipal Code Chapters 5.90 and 17.71. In addition, Article 2 of the Development Agreement, “Permitted Uses,” allows for an Owner to apply for an amendment to the Agreement and issued Conditional Use Permit to add a permitted commercial cannabis activities with the approval of the City’s Planning Commission or City Council, as required by Montebello Municipal Code Chapters 5.90 and 17.71.
In accordance with the terms of the Development Agreeme nt, including Articles 19 and 2, Applicants have provided to the City of Montebello a written application form seeking a modification to the Development Agreement and respective Conditional Use Permit (“CUP”), for City’s consent to assignment and change of ownership and addition of permitted commercial cannabis activity within the existing 4,000 sq. ft. footprint of the Property. The existing site will remain the same footprint as previously approved and will not intensify the use of the Property. The City has received application for modification materials, information and requisite fees it deems sufficient, appropriate and complete for the purpose of determining that Applicant is a qualified applicant for purposes of the terms of the Development Agreement and the CUP.
In the event of missing or incomplete application information, or exhibits to the Amendments, if any, staff is recommending that City Council condition the approval of the Amendment to Cannabis Business Development Agreement on the respective New Owner and operator clearing the requisite background checks, providing all exhibits to the development agreement amendments and missing information, if any, to the City of Montebello in a form acceptable to the City Attorney’s Office no later than March 15, 2022.
ENVIRONMENTAL ASSESSMENT
The California Environmental Quality Act (“CEQA”) requires public agencies to analyze and consider the impacts a “project” may have on the environment. A project is only subject to CEQA if the project requires a discretionary decision by the public agency. The required level of review depends on the probability and intensity of project related impacts. Additionally, a project may be exempt from CEQA review if the project qualifies for a categorical exemption.
City staff determined that approval of the Amendments to development agreements qualify as a project pursuant to CEQA. As such, staff determined that the proposed CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Approve Amendment to Commercial Cannabis Business Development Agreement No. 11-19 (City Agreement No. 3676)
projects anticipated by the Amendment s to Development Agreements require CEQA compliance. After a thorough examination of the project applications of each proposed facility, including, but not limited to, standard operating procedures (“SOPs”), security plan, site plan and environmental data form, staff determined that the projects meet the provisions of CEQA Categorical Exemptions. These categorical exemptions were mandated by Public Resource Code Section 21084 and listed as a part of the CEQA Guidelines by the Secretary for Resource in Article 19 of the CEQA Guidelines.
Additionally, the project contemplated by Amendment No. 11-19 was already previously analyzed for environmental impacts and includes only minor interior alterations to the respective subject property. This zone was previously analyzed for environmental impacts with the approval of the conditional use permits for the subject property. Impacts were evaluated based on the anticipated activities likely to occur in such zone and City staff has determined that such “project”, pursuant to the California Environmental Act (CEQA) Section 15301 (Existing Facilities) Class 1, consist of projects characterized as existing facilities meeting the following conditions described in said section:
1. The project consists of the operation repair, maintenance, permitting, leasing, licensing, or minor alterations of existing public and private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing of former use.
2. The project is consistent with the applicable g eneral plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
3. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
4. The project site has no value as habitat for endangered, rare or threatened species.
5. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
6. The site can be adequately served by all required utilities and public services.
Commercial cannabis activities are like in nature to those uses allowed by right currently existing or allowed in the M-1 and M-2 zones in which commercial cannabis activities are proposed. Further, as r eferenced hereinabove, the proposed three (3) projects have been approved as conditionally allowed uses by the Planning Commission, and a determination at that time was made that the projects were categorically exempt.
Therefore, there is no nexus between commercial cannabis activities and additional significant environmental impacts in the zones that allow such activities.
There has been no scientific or factual data presented, to date, identifying any direct or indirect environmental impacts resulting f rom the manufacturing process or any other CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Approve Amendment to Commercial Cannabis Business Development Agreement No. 11-19 (City Agreement No. 3676)
cannabis related activity. In fact, many of the processes used in the manufacturing of cannabis, like extraction methods, are currently used in other manufacturing industries.
Furthermore, impacts can be mitigated or otherwise regulated by the permitting process of other regulatory agencies. For example, all manufacturing facilities are required to obtain approvals and permits by the Fire Department and regional air quality management districts.
None of the condi tions described in CEQA Guidelines, requiring the preparation of a Negative Declaration, Mitigated Negative Declaration or Environmental Impact Report, will occur as part of the proposed projects contemplated as part of the DAs. The City Council has the authority and discretion to make findings exempting the approval of the Development Agreement from further CEQA review. Therefore, in accordance with Section 15061(d) of the CEQA Guidelines, the City staff recommends that the City Council adopt these findings exempting the development agreements from further CEQA review and direct staff to file a Notice of Exemption for each project recommended for approval. In this regard, a Notice of Exemption from the California Environmental Quality Act CEQA for each d evelopment agreement have been prepared pursuant to CEQA (Public Resources Code §21000 et seq.) and the State CEQA Guidelines (Title 14, California Code or Regulations, Division 6, Chapter 3, §15000 et seq.) prior to the City Council’s consideration for approval. The subject development agreements are “projects” that are subject to environmental review.
SUMMARY
City staff recommends that the City Council approve the Amendment for the operation of commercial cannabis activities in the City of Montebello and the transfer of CUP No. 11- 19, and adopt findings contained herein exempting the Amendment to the development agreement from further CEQA review under CEQA Section 15301, and direct staff to prepare and file the appropriate Notice of Exemption for each project recommended for approval.
ATTACHMENT:
A. Attachment A – Amendment to, and Assignment and Assumption of, Commercial Cannabis Business Development Agreement No. 11-19
ATTACHMENT A
MED BLOOM LLC City of Montebello
NO. 11-19 The Second Amendment DA 11-19
CITY OF MONTEBELLO
AMENDMENT NO. 2 TO AGREEMENT NO. 3673
SECOND AMENDMENT TO, AND ASSIGNMENT AND ASSUMPTION OF, COMMERCIAL CANNABIS BUSINESS DEVELOPMENT AGREEMENT NO. 11-19
THIS SECOND AMENDMENT TO, AND ASSIGNMENT AND ASSUMPTION OF, COMMERCIAL CANNABIS DEVELOPMENT AGREEMENT NO. 1 1-19 (the “Second Amendment”) is entered into this _ ____ day of February 2022 by and between the CITY OF MONTEBELLO (“City”), a California mun icipal corporation , SAM-KAP, INC. ("Owner"), a California Corporation, and MED BLOOM, LLC (“Assignee/New Owner”), a California limited liability company . Owner may al so be referred to herein as “Assignor.” City, Owner and Assignee/New Owner are sometimes referenced together herein as the “Parties.” In instances when a provision hereof applies to each of the Parties individually, either may be referenced as a “Party.”
The Parties hereby jointly render the following statement as to the background facts and circumstances underlying this Second Amendment to, and Assignment and Assumption of, Commercial Cannabis Development Agreement No. 11-19.
RECITALS
A. WHEREAS, on February 14, 2018, Ordinance No. 2399 and No. 2400 came into effect authorizing specified commercial cannabis activities within the City of Montebello, in strict compliance with Applicable Cannabis Laws, under specified conditions and provisions.
B. WHEREAS, on June 13, 2018, Ordinance No. 2404 and No. 2405 came into effect amending specified commercial cannabis activities authorized by Ordinance No. 2399 and No. 2400 within the City of Montebello, in strict compliance with Applicable Cannabis Laws, under specified conditions and provisions.
C. WHEREAS, no such commercial cannabis activities are allowed or authorized in the City without a Conditional Use Permit, a Development Agreement , and all requirements pursuant to Montebello Municipal Code Chapters 5.90 and 17.71.
D. WHEREAS, after conducting a duly noticed CUP hearing on July 2, 2019, in conjunction with the City’s applicable ordinances and resolutions, the Planning Commission of the City reviewed, considered and approved environmental clearance and app roved the execution of CUP No. 11-19.
F. WHEREAS, on August 5, 2019, the City Council of the City of Montebello approved the execution of “COMMERCIAL CANNABIS BUSINESS DEVELOPMENT AGREEMENT NO. 1 1-19 BETWEEN THE CITY OF MONTEBELLO AND GREEN HEARTS, LLC (“Prior Owner”),” (the “Development Agreement”).
G. WHEREAS, Article 19 of the Development Agreement, “Assignment by Owner,” prohibits the transfer, delegation, sublet or assignment by Owner of any portion of Owner’s interests, rights, duties, and obligat ions described in Development Agreement without prior written consent and approval by the City, as required under Montebello Municipal Code Chapters 5.90 and 17.71. Pursuant Article 19 the Prior Owner applied for and was granted the
ATTACHMENT A
MED BLOOM LLC City of Montebello
NO. 11-19 The Second Amendment DA 11-19
right to transfer their interest in the Development Agreement to the Owner.
H. WHEREAS, pursuant to Article 19 of the Development Agreement, the proposed transferee is required to show proof of lawful possession or transfer of possession of the applicable location, and assume all interests, rights, duties and obligations in the CUP.
I. WHEREAS, it is the intention of SAM-KAP, INC. (“Assignor”) to transfer, sell and assign 100% of its interest to the Development Agreement and CUP to MED BLOOM, LLC (“Assignee”), becoming 100% owner of the Development Agreement and CUP, with the legal limitations that the CUP runs with the land, here, specifically, with real property as discussed herein.
J. WHEREAS, Assignor intends to assign, and Assignee intends to assume, all assignable interests, rights, duties and obligations under the Development Agreement and the CUP.
K. WHEREAS, in accordance with the terms of the Development Agreement, including Article 19, Owner/Assignor and Assignee have provided to the City of Montebello a written application form to a modification to the Development Agreement and CUP for City’s consent to assignment and change of ownership. The City has received application for modification materials, information and requisite fees it deems sufficient, appropriate and complete for the purpose of determining that Assignee is a qualified applicant for purposes of the foregoing terms of the Development Agreement and the CUP, including showing the requisite proof of lawful transfer and holding of legal or equitable int erest in real property considered in the Development Agreement and CUP, located at 7895 Telegraph Road with Assessor Parcel Number 6368-001-025 (“Property” or “Site”).
L. WHEREAS, this Second Amendment is intended to meet the requirements of Article 19 of the Development Agreement and applicable Montebello Municipal Code provisions regulating an assignment and assumption agreement between Assignor and Assignee, and is executed with the consent of City of Montebello as contemplated in the Development Agreement.
M. WHEREAS, on February 23, 2022 the City Council of the City of Montebello reviewed, considered, and approved this SECOND AMENDMENT TO, AND ASSIGNMENT AND ASSUMPTION OF COMMERCIAL CANABIS DEVELOPMENT AGREEMENT NO. 1 1-19, by and between the CITY OF MONTEBELLO , Assignor SAM-KAP, INC., and Assignee MED BLOOM, LLC.
N. WHEREAS, all procedures of the California Environmental Quality Act (“CEQA”), California Public Resources Code §21000 et seq., and the CEQA guidelines, title 14 of the California Code of Regulations, ch apter 3, §15000 et seq., have been satisfied as the City previously found that the proposed project was Categorically Exempt from California Environmental Quality Act (“CEQA”) requirements under provisions of CEQA Guidelines Section 15301 – Existing Facili ties as change of ownership does not have any further environmental impact from what was previously found by the City.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:
ATTACHMENT A
MED BLOOM LLC City of Montebello
NO. 11-19 The Second Amendment DA 11-19
Section 1: Recitals.
The Recitals are true and correct and are hereby incorporated into and made a part of this Second Amendment. In the event of any incon sistency between the Recitals and the provisions of this Second Amendment, herein below, said provisions of this Second Amendment shall prevail.
Section 2: Assignment and Assumption of Development Agreement and Corresponding Conditional Use Permit.
2.1. Assignor hereb y assigns, transfers, and conveys to Assignee all of Assignor’s rights, interest, duties, burdens and obligations under the Development Agreement and the Conditional Use Permit (also referred herein as “Assignable Rights”).
2.2. Assignee hereby assumes al l of the rights, interests, duties, burdens and obligations of Assignor under the Development Agreement and Conditional Use Permit, and agrees to observe and fully perform all of the duties and obligations of Assignor under the Development Agreement, and r espective Conditional Use Permit, and to be subject to all the terms and conditions thereof, with respect to the Property and Assignable Rights. It is the express intention of Assignor and Assignee that, upon the execution of this Second Amendment, Assignee shall become substituted for Assignor as the “Owner” under the Development Agreement and the corresponding Conditional Use Permit in relation to the Property.
2.3. The Second Amendment shall take effect and be binding only upon the City of Montebello City Council’s c onsent to and approval of the Second Amendment, and as further outlined hereinbelow under Section 5.
2.4. Assignee represents and warrants that it has reviewed and is familiar with the terms and conditions of the Development Agreement and the Conditional Use Per mit. Assignee acknowledges that the Assignable Rights are as set forth within the Development Agreement, the Conditional Use Permit, and the duties of Assignor thereunder and the duties of Assignee hereunder, as between Assignee and the City, shall be with out reference to any underlying agreements or understandings that may exist between Assignee, Assignor, or any other party with respect to the subject matter hereof, and that the City is not party to such other agreements.
2.5. All the covenants, terms, a nd conditions set forth herein shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, successors, and assigns.
2.6. Exhibits: Assignee will cause the re-execution, re-incorporation, and/or submittal of the f ollowing Exhibits, which are deleted in their entirety from the Development Agreement and are incorporated herein by this reference and shall be inserted in lieu thereof.
2.6.a. Exhibit D: Recorded Grant Deed or Executed Lease Agreement
2.6.b. Exhibit E: Property Owner Signed and Notarized Consent Form
2.6.c. Exhibit F: Conditions of Approval
2.6.d. Exhibit G: Labor Peace Agreement or Notarized Statement of Intent
ATTACHMENT A
MED BLOOM LLC City of Montebello
NO. 11-19 The Second Amendment DA 11-19
Section 3: Amendments to Development Agreement . The following articl es, sections, paragraphs or portions of the Development Agreement are hereby amended to read as follows:
3.1. The Entirety of the Development Agreement: “SAM-KAP, INC. ” shall be stricken and deleted throughout the entire Development Agreement, and shall be replaced with “MED BLOOM, LLC.”
3.2. Section 2.b. Government Code and Municipal Code Required Elements ; Owner and Other Person with Legal or Equitable Interest.
Owner: MED BLOOM, LLC
Nature of Interest: Fee Simple Ownership of Property
A true and correct copy of a recorded grant deed, or executed lease agreement, is attached hereto as Exhibit D, and incorporated herein by this reference.
3.3. Section 6.c. Community Relations, Employment, and Wages; Designation of Community Relations Liaison.
Pursuant to Montebello Municipal Code Chapters 5.90 and 17.71, including, Commerce Municipal Code Section 5.61.300, at the time of this Second Amendment, Owner’s day -to-day operations manager, Tatev Oganyan , will be responsible for community inquiries and compl aints and on -site management during normal business hours.
3.4. Section 6.d. Community Relations, Employment, and Wages; Interface with Montebello Municipal Code / Inspections.
Owner’s day -to-day operations manager, and/or the Owner’s Community Relations Liaison, Tatev Oganyan , will interface with the Montebello Police Department’s assigned designee to ensure its operation complies with state and local laws and regulations. The City Manager, or designee, or the Montebello Police Department’s assigned designee acting at the City Manager’s request and per his or her specific and limiting instructions, shall have the right to enter all portions of the Site from time to time unannounced during hours of operation for the purpose of making reasonable inspecti ons to observe and enforce compliance with this Agreement and Applicable Cannabis Laws, without the requirement of a search warrant, subpoena, or court order, and subject to appropriate cost recovery fees set forth in this Agreement, or adopted by the City.
__________ Owner’s Initials
3.5. Section 17. CUP Conditions of Approval.
Restatement of Compliance with CUP Conditions of Approval . New Owner and Assignee, collectively, MED BLOOM, LLC , shall comply with all conditions of approval of the City -issued C UP, as reflected and memorialized in Exhibit F, “Conditions of Approval,” of the Development Agreement, and as also incorporated herein to this Second Amendment, by this reference. If there is any
ATTACHMENT A
MED BLOOM LLC City of Montebello
NO. 11-19 The Second Amendment DA 11-19
conflict between a term of the Development Agreement, this Second Amendment, and a condition of approval of the City -issued CUP, then the most restrictive shall apply.
3.6. Section 21. Notice.
Any notice or communication required hereunder between City and Owner must be in writing, and may be given either personally, by regi stered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed . If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notices, properly addressed, with postage prepaid, is deposited in the United States mail.
If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on a receipt issued by the courier. Any party hereto may at any time, by giving then (1) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given.
Such notices or communications shall be given to the Parties at their addresses set forth below:
If to City: City of Montebello
1600 W. Beverly Boulevard
Montebello, California 90640
Attention: City Manager
With a copy to: City Attorney
13181 Crossroads Parkway North
Suite 400 – West Tower
City of Industry, California 91746
If to Owner/Assignee: George Ouzounian
Tatev Oganyan
Med Bloom, LLC
7895 Telegraph Road
Montebello, CA 90640
Section 4: Effect of Second Amendment and Continued Effectiveness of Development Agreement. Except as expressly modified herein, the Development Agreement shall remain in full force and effect, and all the terms an d provisions of the Development Agreement are hereby reaffirmed. The provisions of this Second Amendment are severable and separate, and should a legal challenge be brought challenging the Second Amendment, including but not limited to, an action or proceeding – in equity or in law – such challenge shall in no way affect or impact the continued validity and existence of the Development Agreement.
Section 5: Effective Date. “Second Amendment Effective Date” means the date on which all of the following are true: (i) this Second Amendment has been signed by all Parties; (ii)
ATTACHMENT A
MED BLOOM LLC City of Montebello
NO. 11-19 The Second Amendment DA 11-19
the new applicant Owners have cleared all background check(s), and any related background verification(s), consistent with, and as required by, the City ’s laws and policies; (iii) all complete information and documen tation supporting the application for this Second Amendment have been submitted to the City; and (iv) Exhibits to this Second Amendment are finalized, and same have been provided, however, that if these conditions have not been fully satisfied by the Owner and/or Assign ee/New Owner, the Effective Date may not thereafter occur and this Second Amendment may not thereafter become effective.
Section 6: Authority to Sign. Each Party or responsible officer or governing body therefore, has read this Second Amendment and understands and knows the contents thereof, and represents and warrants that each of the officers, members, or agents executing this Second Amendment on behalf of their respective corporations, partnerships, or other organizations is authorized and empowered to do so and hereby bind s the respective corporation, partnership, or other organization.
IN WITNESS HEREOF, the Parties hereto have executed this Second Amendment as of the dates herein below.
[Signatures on the following page]
ATTACHMENT A
MED BLOOM LLC City of Montebello
NO. 11-19 The Second Amendment DA 11-19
CITY OF MONTEBELLO SAM-KAP, INC.
___________________________ __________________________ Kimberly Cobos-Cawthorne Shahan Kaprielian
Mayor Owner and Managing Member
[Assignor/Owner]
Date:_______________________ Date:______________________
MED BLOOM, LLC
__________________________
Tatev Oganyan
Owner and Managing Member
[Assignee/New Owner]
APPROVED AS TO FORM:
__________________________
City Attorney
City of Montebello
Date:__________________