CITY OF MONTEBELLO
CITY COUNCIL AND PUBLIC FINANCING AUTHORITY JOINT REGULAR
MEETING AGENDA
WEDNESDAY, AUGUST 10, 2022 AT 5:00 P.M.
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
CITY COUNCIL/PUBLIC FINANCING AUTHORITY
Kimberly A. Cobos-Cawthorne, Mayor/Chairman
Angie M. Jimenez, Mayor Pro Tem/Vice Chairman
Scarlet Peralta, Councilmember/Member
Salvador Melendez, Councilmember/Member
David N. Torres, Councilmember/Member
CITY MANAGER/EXECUTIVE
DIRECTOR
CITY TREASURER CITY ATTORNEY/AUTHORITY
COUNSEL
René Bobadilla, City Manager Rafael Gutierrez Arnold M. Alvarez-Glasman
CITY CLERK/SECRETARY OF AUTHORITY
Christopher Jimenez
DEPARTMENT HEADS
Assistant City Manager Arlene Salazar
Fire Chief Fernando Pelaez
Police Chief Paul Espinosa
Director of Finance Michael Solorza
Director of Human Resources Nicholas Razo
Director of Planning/Community Development Joseph Palombi Director of Public Works James Enriquez
Director of Recreation and Community Services David Sosnowski Director of Transportation Lupita Ibarra
AMENDED AGENDA
August 10, 2022: City Council Meeting and Public Financing Authority Joint Regular Meeting Page 2 of 9
NOTICES
COVID-19 NOTICE: The City Council rescinded the Declaration of the Local Emergency and the continuation of teleconferencing open meetings pursuant to AB 361 by adopting Resolution No. 22-21 on Wednesday, April 13, 2022. This City Council Meeting/Pubic Financing Authority Joint Regular Meeting (“Council”/ “PFA”) will be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California. The meeting will be live streamed and can be watched on the City’s website at:
https://www.cityofmontebello.com/government/live-streaming.html, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887 -1437 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 72 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室 RULES OF DECORUM:
As Established by Ordinance 2443, adopted on October 27, 2021: Signs, placards, banners, horns, noise-making devices, or other similar items shall not be permitted in the audience during a Public Meeting if the presence of such item disturbs, disrupts or otherwise impedes the orderly conduct of the meeting. All persons attending a public meeting shall remain seated in the seats provided, unless addressing the body at the podium or entering or leaving the meeting. No member of the audience shall willfully interrupt the orderly conduct at the meeting, this includes clapping or otherwise speaking from their seats. The presiding officer shall direct the removal of any individual whose willful interruption renders infeasible the orderly conduct of the meeting. In the event the removal of the individual or individuals willfully interrupting the meeting does not restore order, the presiding officer may order the meeting room cleared and continue in session. Speakers shall not engage in willful conduct which interrupts the meeting or interferes with the orderly conduct of the meeting. Any person who becomes boisterous while addressing the Council/PFA or who otherwise disrupts the orderly conduct of the Council/PFA’s business shall be subject to removal from the Chambers after being admonished by the presiding officer.
PUBLIC COMMENTS:
In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council meetings, you may address the City Council in person the day of the meeting. Speakers will be required to fill out a speaker card provided at the door and turn it into the Deputy City Clerk prior to each Public Comment announcement period. Staff will number and call each speaker card in the order received. Closed Session begins at 5:00 p.m. and Regular Session begins no later than 6:00 p.m.
Via Email : The public may also submit emailed comments via the City’s email address :
[email protected], up until the day of the meeting , Wednesday, August 10, 2022 by 3:00 p.m. These comments will be submitted to all members of the City Council/PFA and may not be read aloud but will be entered into the record of the proceedings to the extent they relate to matters listed on the posted agenda or otherwise address matters/issues within the subject matter jurisdiction of the City Council/PFA. Any requests to provide public comment which is submitted after the deadlines indicated above will not be submitted to the City Council/PFA, with the exception of non-agenda written item comments which will be held over for the next regularly scheduled meeting.
AGENDA MATERIALS: The agenda and/or agenda packet are available for public inspection at City’s website at:
https://www.cityofmontebello.com/council-agendas.html. T he agenda cover sheets may also be emailed upon request.
August 10, 2022: City Council Meeting and Public Financing Authority Joint Regular Meeting Page 3 of 9
IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS
THANK YOU FOR YOUR COOPERATION
OPENING CEREMONIES
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
At this time, the general public may address the City Council/PFA on Closed Session Items. Please be aware that the maximum time allotted for members of the public to speak on Closed Session Items shall not exceed three (3) minutes per person. State Law prohibits the City Council/PFA from taking action or entertaining extended discussion on a topic not listed on the a genda. Please show courtesy to others and direct all of your comments to the Mayor.
CLOSED SESSION – 5:00 P.M.
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:
1. T
HREAT 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 REAL PROPERTY NEGOTIATORS
a. G
overnment Code Section 54956.8
Property: Bus Depot
Agency Negotiator: René Bobadilla, City Manager
Negotiating Party: Pico Rivera
Under Negotiation: Price and Terms
b. G
overnment Code Section 54956.8
Property: 701 West Whittier Boulevard, Montebello
Agency Negotiator: René Bobadilla, City Manager
Negotiating Party: Jimmy’s Property
Under Negotiation: Price and Terms
3. CO
NFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Maria Perez v. City Of Montebello
Los Angeles Superior Court Case No. 19STCV06622
4. P
UBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: City Manager René Bobadilla
August 10, 2022: City Council Meeting and Public Financing Authority Joint Regular Meeting Page 4 of 9
REGULAR SESSION – NO LATER THAN 6:00 P.M.
CLOSED SESSION REPORT
INVOCATION
PLEDGE OF ALLEGIANCE
CORRECTIONS TO THE AGENDA – CITY MANAGER
CEREMONIAL/PRESENTATIONS
5. R
ECOGNITION OF CITIZEN OF THE MONTH – MANUEL SANCHEZ
6. R
ECOGNITION OF ALINA MARTIROSYAN
7. P
ROCLAMATION CELEBRA TING THE 100 TH YEAR ANNIVERSARY OF THE CITY OF
MONTEBELLO FIRE DEPARTMENT
8. R
ECOGNITION OF NATIONAL WELLNESS MONTH
PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS (30 MINUTES) At this time, the general public may address the City Council/PFA on both non-agenda and agenda items. Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. Sta te Law prohibits the City Council/PFA from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
PUBLIC HEARING
9. P UBLIC HEARING TO AD OPT RESOLUTION NO. 22-67 APPROVING THE DRAFT FISCAL YEAR 2022-23 COMMUNITY DEVELOP MENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS ANNUAL ACTION PLAN AND THE FY 2022- 23 COMMERCIAL FAÇADE
PROGRAM
RECOMMENDATION: It is recommended that the City Council:
1) C
onduct a Public Hearing to consider adopting Resolution22-67 approving the draft Fiscal Year 2022-23 Community Development Block Grant and Home Investment Partnerships Annual Action Plan and the FY 2022-23 Commercial Façade Program; and 2) Take such additional, related action that may be desirable.
August 10, 2022: City Council Meeting and Public Financing Authority Joint Regular Meeting Page 5 of 9
REGULAR BUSINESS
10. INTRODUCTION AND FIR ST READING OF ORDINA NCE NO. 2452 UPDATING MONTEBELLO MUNICIPAL CODE CHAPTER 2.16 – DIRECTOR OF FINANCE
RECOMMENDATION: It is recommended that the City Council:
1) Introduce and Conduct First Reading of Ordinance No. 2452 Amending Montebello Municipal Code Chapter 2.16.020 – Director of Finance, Powers and Duties; and 2) Take such additional, related action(s) that may be desirable.
11. CONSIDERATION OF THIR D AMENDMENT TO EMPLO YMENT AGREEMENT FOR RENE
BOBADILLA AS CITY MANAGER
RECOMMENDATION: It is recommended that the City Council:
1) Approve the attached Third Amendment to the Employment Agreement between the City of Montebello and Rene Bobadilla as City Manager; and 2) Authorize the payment of a one-time performance compensation; and 3) Take such additional, related, action that may be desirable.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a Councilmember wishes to discuss should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any ordinance.
12. AWARD OF CONSTRUCTION CONTRACT NO. 4021 – ANNUAL SLURRY SEAL PROJECT, FISCAL YEAR 2022-2022 (CP. NO. 892)
RECOMMENDATION: It is recommended that the City Council:
1) Award a construction contract for the Annual Slurry Seal Project – Fiscal Year 2022 -23 (CP 892) in the amount of $399,920 to Doug Martin Contracting Company, Inc.; and 2) Authorize the Director Public Works to review and approve change orders within a 15% contingency of the contract amount as recommended by the City Engineer; and 3) Amend the Fiscal Year 2022 -23 budget by increasing appropriations by $300,00 0 in Account No. 200 -99-7116 (Gas Tax, Improvements Other Than Building); and $100,000 in Account No. 222-99-7116 (Measure M, Improvements Other Than Building; and 4) Authorize the City Manager to execute the Contract Agreement, on behalf of the City; and
5) Take such additional, related, action that may be desirable.
August 10, 2022: City Council Meeting and Public Financing Authority Joint Regular Meeting Page 6 of 9
13. APPROVE AN AGREEMENT TO PROVIDE SCHOOL RESOURCE OFFI CERS (“SRO”) TO THE MONTEBELLO UNIFIED SCHOOL DISTRICT (“MUSD”)
RECOMMENDATION: It is recommended that the City Council:
1) Approve an agreement to provide School Resource Officers (“SRO”) to the Montebello Unified School District (“MUSD”); and
2) Take such additional, and related, action that may be desirable.
14. APPROVE RECEIPT OF A N AWARD FROM THE CAL IFORNIA DEPARTMENT O F FORESTRY
AND FIRE PROTECTION (CAL FIRE) FIRE PREV ENTION GRANTS PROGRA M AND APPROPRIATE FUNDS IN FISCAL YEAR 2022-23
RECOMMENDATION: It is recommended that the City Council:
1) Approve the appropriation of $108,997 awarded to the Fire Department by the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program for Fiscal Year 2022-23; and
2) Amend the Fiscal Year 2022-23 budget by increasing appropriations by $108,997 3) in Expense Account No. 265- 85-856-6040.10 and Revenue Account No. 265- 99-4198.10 (Grants, Fire, Cal Fire Wildfire Prevention, Other Contract Services and Grants, Cal Fire Wildfire Prevention; and
4) Take such additional, related, action that may be desirable
15. APPROVE AMENDMENT NO . 3 TO AGREEMENT NO. 3697 WITH AVAIL TECH NOLOGIES, INC., FOR MAINTENANCE AND SUPP ORT OF MONTEBELLO BUS LINES’ INTELLIGENT
TRANSPORTATION SYSTEM AND FIXED ROUTE PASSENGER INFORMATION SYSTEM
RECOMMENDATION: It is recommended that the City Council:
1) Approve Amendment No. 3 to Agreement No. 3697 with Avail Technologies, Inc. (Avail), in an annual not- to-exceed the amount of $178,405, to extend software maintenance and support services for a one -year term with Montebello Bus Lines (MBL) for its Intelligent Transportation System (ITS) and Fixed Route Passenger Informatio n System; and
2) Authorize the City Manager to execute Amendment No. 3 on behalf of the City; and 3) Take such additional, related, action that may be desirable.
16. APPROVE AMENDMENT NO . 1 TO AGREEMENT NO. 2669 WITH CLEAN ENER GY FUELS CORP. TO PROVIDE MAINTENANCE AND SUPPORT SERVICES FOR MONTEBELLO BUS LINES’
COMPRESSED NATURAL GAS STATION
RECOMMENDATION: It is recommended that the City Council:
August 10, 2022: City Council Meeting and Public Financing Authority Joint Regular Meeting Page 7 of 9
1) Approve Amendment No. 1 to Agreement No. 2669 with Clean Energy Fuels Corp. (Clean Energy), to provide maintenance and support services for Montebello Bus Lines’ compressed natural gas (CNG) station for an additional one -year (1-year) term with the option for renewal of up to two (2) additional one-year (1-year) terms; and 2) Authorize the City Manager and/or designee to exec ute Amendment No. 1 on behalf of the City of Montebello (City); and
3) Take such additional, related, action that may be desirable.
17. ADOPT RESOLUTION NO. 22-61 AUTHORIZING THE C ITY MANAGER TO EXECU TE ALL REQUIRED DOCUMENTS TO OBTAIN FUNDS PROVIDED BY SENATE BILL 1 (SB1)
RECOMMENDATION: It is recommended that the City Council:
1) Adopt Resolution No. 22 -61 authorizing the City Manager to execute all required documents to obtain funds provided by Senate Bill 1 (SB1); and 2) Take such additional, related, action that may be desirable.
18. APPROVE ESTABLISHING SOLE-SOURCE BLANKET PURCH ASE ORDERS WITH AMERICAN
MOVING PARTS, CUMMINS PACIFIC, INLAND KE NWORTH, INTERSTATE BATTERIES, NAPA
AUTO PARTS, NFI PARTS, AND WAYNE ELECTRIC COMPANY TO PURCHASE MAINTENANCE-
RELATED BUS PARTS AND VEHICLE FLEET PARTS
RECOMMENDATION: It is recommended that the City Council:
1) Approve establishing a sole-source blanket purchase order with American Moving Parts, LLC (American Moving Parts), for the total not-to-exceed amount of $80,000, to purchase maintenance-related bus parts for Montebello Bus Lines (MBL) and vehicle fleet parts for the Montebello Fire Department (MFD) for the Fiscal Year 2022-23; and 2) Approve establishing a sole -source blanket purchase order with Cummins Pacific, LLC (Cummins P acific), for the total not -to-exceed amount of $80,000, to purchase maintenance-related bus parts for MBL and vehicle fleet parts for the MFD for the Fiscal Year 2022-23; and
3) Approve establishing a sole -source blanket purchase order with Inland Kenworth Inc. (Inland Kenworth), for the total not- to-exceed amount of $75,000, to purchase maintenance-related bus parts for the Fiscal Year 2022-23; and 4) Approve establishing a sole -source blanket purchase order with R & M Hansen Enterprises, Inc. (dba Interstate Ba tteries), for the total not- to-exceed amount of $75,000, to purchase maintenance-related bus parts for the Fiscal Year 2022-23; and 5) Approve establishing a sole -source blanket purchase order with SoCal Auto & Truck Parts, Inc. (dba Napa Auto Parts), for the total not- to-exceed amount of $85,000, to purchase maintenance-related bus parts for the Fiscal Year 2022-23; and 6) Approve establishing a sole -source blanket purchase order with The Aftermarket Parts Company, LLC (dba NFI Parts), for the total not- to-exceed amount of $200,000, to purchase maintenance-related bus parts for the Fiscal Year 2022-23; and August 10, 2022: City Council Meeting and Public Financing Authority Joint Regular Meeting Page 8 of 9
7) Approve establishing a sole -source blanket purchase order with Wayne Harmeier, Inc., (dba Wayne Electric Company), for the total not -to-exceed amount of $75,00 0, to purchase maintenance-related bus parts for the Fiscal Year 2022-23; and 8) Take such additional, related, action that may be desirable.
19. APPROVE AGREEMENTS W ITH COASTAL OCCUPATI ONAL MEDICAL GROUP ( AGREEMENT NO. 3996) AND RELIANT IMMEDIATE CARE MEDICAL GROUP (AGREEMENT NO. 3997)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the attached agreement with Coastal Occupational Medical Group (Akeso) (Agreement No. 3996); and
2) Approve the attached agreement with Reliant Immediate Care Medical Group, Inc.(Reliant) (Agreement No. 3997); and,
3) Take such additional, related action(s) that may be desirable.
20. ADOPTION OF A MONTEBELLO PUBLIC FINANCING AUTHORITY (PFA) RESOLUTION NO. 22- 01 ESTABLISHING THE REGULAR MEETING DATES
RECOMMENDATION: It is recommended that the City Council and Public Financing Authority:
1) Adopt the Resolution establishing the regular meeting dates and adopting the Debt Management Policy (the “Debt Management Policy”) of the City of Montebello as the debt management policy of the Authority.
21. APPROVE AGREEMENT NO. 4020 WITH JCL TRAFFIC SERVICES
RECOMMENDATION: It is recommended that the City Council:
1) Approve the attached agreement with JCL Traffic Services (Agreement No. 4020); and 2) Take such additional, related action(s) that may be desirable.
22. PAYMENT OF BILLS: RESOLUTION NO. 22-65 APPROVING THE CITY W ARRANT REGISTER OF DEMANDS DATED AUGUST 10, 2022
RECOMMENDATION: Adopt Resolution No. 22-65 approving the Warrant Register dated August 10, 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).
August 10, 2022: City Council Meeting and Public Financing Authority Joint Regular Meeting Page 9 of 9
COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports.
• Councilmember Torres
• Councilmember Melendez
• Councilmember Peralta
a. Direction to provide information and outreach on Tenant Protections and Resources to our community.
b. Discussion and action regarding District Election Public Outreach Plan and a city website function that allows residents to look up their district through address input. c. Requesting that the Traffic & Safety Commission restarts their monthly meetings to address crucial concerns regarding traffic, parking, and dangerous streets/intersections. • Mayor Pro Tem Jimenez
• Mayor Cobos-Cawthorne
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on Wednesday, August 24, 20 22 at 5:00 p.m. which can be live streamed at www.cityofmontebello.com (Click on Live Stream).
I, Alicia Fernandez, Senior Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Sunday, August 7, 2022 5:00 p.m.
___________________________________________________
Alicia Fernandez, Senior Deputy City Clerk
ITEM #___
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Joseph Palombi, Director of Planning and Community Development SUBJECT: Adopt Resolution No. 22-67 Approving the Draft Fiscal Year 2022-23 Community Development Block Grant and Home Investment
Partnerships Annual Action Plan and the FY 2022-23 Commercial Façade Program
DATE: August 10, 2022
RECOMMENDATIONS:
Staff recommends that the City Council:
1) Conduct a Public Hearing to consider adopting Resolution No. 22- 67 approving the draft Fiscal Year 2022-23 Community Development Block Grant and Home Investment Partnerships Annual Action Plan and the FY 2022-23 Commercial Façade Program; and
2) Take such additional, related action that may be desirable.
FISCAL IMPACT
Each year the United States Department of Housing and Urban Development (HUD) provides funding for Housing and Community Development Programs to the City of Montebello (“City”), specifically Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Program funds.
For FY 2022-23, the City expects to receive approximately $670,421 in CDBG funds and approximately $341,617 in HOME funds. Additionally, $155,537 in CDBG Program Income and $665,808 in HOME Program Income is available for programming.
Total funding available for FY 2022-2023 per program (fiscal year award plus program income):
CDBG Funds: $ 825,958
9 CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Adopt Resolution No. 22 -67 Approving the Draft Fiscal Year 2022 -23 Community Development Block Grant and Home Investment Partnerships Annual Action Plan and the FY 2022-23 Commercial Façade Program
HOME Funds: $ 1,007,425
The FY 2022 -23 adopted budget includes revenue amounts that were estimates, since the budget wa s finalized prior to final award amounts being published by HUD. The CDBG program (Fund 255) includes $1,347,500 in revenue, and the HOME program (Fund 260) includes $665,800. Adjustments to these budgets will be done with subsequent City Council action, aligning available funds with proposed programmatic and administrative expenditures.
BACKGROUND
As required by HUD, the draft Annual Action Plan was publicly noticed and made available for public review and comment on the City’s website from March 25, 2022 to April 27, 2022 at the following link https://www.cityofmontebello.com/.
However, the City received a notice from HUD on April 4, 2022 titled Community Planning and Development (“C PD”) Notice 22-05 – Guidance on Submitting Consolidated Plans and Annual Action Plans for Fiscal Year 2022 along with two waiver notifications: 1) Waiver of Community Planning and De velopment (CPD) Grant Program and Consolidated Plan Requirements to Allow for Virtual Public Hearings in the Preparation of FY 2022 Consolidated Plans and Annual Action Plans ; and 2) Availability of Waivers of Community Planning and Development Grant Program Requirements to Facilitate the Ability to Incur Pre-Award Costs in FY 2022.
The City was advised to not submit Annual Action Plans to HUD until we received the CDBG and HOME allocations for FY 2022 -23. Therefore, the draft Annual Action Plan was again publicly noticed and made available for public review and comment on the City’s website from July 11, 2022 to August 10, 2022 at the following link:
https://www.cityofmontebello.com/. In connection with thi s opportunity for public participation, t wo separate public comments were received via Survey Monkey. In summary, these comments were in support of opportunities for assistance related to affordable housing.
The Commercial Façade Program will be funded through the allocation of FY 2022 -23 CDBG Program Funds in the amount of $100,199. This Program is administered by the Planning and Community Development Department of the City of Montebello and designed to stimulate building improvements and upgrade the appearance of commercial properties along major commercial areas of the City, located within low and moderate income areas. Under the guidelines of the Program, property owners that are eligible, will receive a grant with an opportunity to enhance and improve their commercial properties.
It is important to note that the increase in HOME funds is a direct result of the discovery of missing program income dating back to 2008 and extending through 2014. It appears that the City received HOME program income totaling $355,204 during this period (2008- CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Adopt Resolution No. 22 -67 Approving the Draft Fiscal Year 2022 -23 Community Development Block Grant and Home Investment Partnerships Annual Action Plan and the FY 2022-23 Commercial Façade Program
2014) which staff is unable to verify due to lack of available records during the specified timeframe. In an effort to provide background, staff assigned to the City’s Pl anning and Community Development Department/Housing Division have been working closely with the Finance Department to track and try to locate this program income in an effort to resolve this matter and provide a response to HUD. At this time, the City is u nable to locate any records related to these transactions. This matter was originally raised by HUD as the City is required to identify and account for this program income ($355,204) regardless of whether it is able to locate the funds or not; therefore, these funds are being reported as program income at this time with the intent to address these discrepancies.
Staff will continue to work to research this matter and communicate with HUD regarding next steps.
ANALYSIS
The Annual Action Plan is submitted to HUD on an annual basis and identifies how the City plans to use the Federal money during the next fiscal year to meet the goals and objectives approved by the City Council in the Five-Year Consolidated Plan.
Table 1 below, provides a summary of available funding, separated by source. The totals represent the net amount, less the allowed administrative percentage to be used to manage both the CDBG and HOME programs. Table 2, on the next page, provides details on the amounts of each funding source and specific program to which the funding is proposed.
Table 1
CDBG FY 2022-2023
$670,421.00 CDBG Allocation
$155,536.79 Program Income
$825,957.79 Total Allocation
($165,191.55) Administration CAP (20% of Allocation)
$660,766.24 Total Available for Programming
HOME FY 2022-2023
$341,617.00 HOME Allocation
$665,808.02 Program Income1
1 This amount includes the previously referenced HOME Program income from 2008 -2014 totaling $355,204.
CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Adopt Resolution No. 22 -67 Approving the Draft Fiscal Year 2022 -23 Community Development Block Grant and Home Investment Partnerships Annual Action Plan and the FY 2022-23 Commercial Façade Program
$1,007,425.02 Total Allocation
($100,742.50) Administration CAP (10% of Allocation)
$906,682.52 Available for Programming
Table 2
Proposed Project Name Funding Proposed FY 2022-
2023
Housing Rights Center CDBG Admin $20,000
CDBG Program
Administration CDBG Admin $145,191.55
Section 108 - Loan
Payment CDBG $480,467
Heart of Compassion
(HOC) CDBG $30,000
YMCA
Montebello/Commerce CDBG $25,000
Commercial Façade
Program CDBG $100,199.20
Youth Employment
Program (YEP) CDBG $40,000
HOME Program
Administration HOME Admin $100,742.50
Housing Rehabilitation
and Preservation
Program
HOME $755,568.77
CHDO - Acquisition and
New Construction HOME $151,113.75
*The $20,000 for the Housing Rights Center counts towards the 20% allowed administrative expense, hence that is added to the $145,192 for program administration to equal $165,192.
ENVIRONMENTAL
Pursuant to the California Environmental Quality Act (CEQA), this project is exempt from CEQA under the common sense rule that CEQA applies only to projects which have the CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Adopt Resolution No. 22 -67 Approving the Draft Fiscal Year 2022 -23 Community Development Block Grant and Home Investment Partnerships Annual Action Plan and the FY 2022-23 Commercial Façade Program
potential for causing a significant effect on the environment. Because it can be seen with certainty that there is no possibility that this project will have a significant effect on the environment, the project is not subject to CEQA pursuant to State CEQA Guidelines Section 15061(b)(3).
NEXT STEPS/RECOMMENDATION
Following City Council adoption, the Annual Action Plan will be submitted to HUD for approval. Subsequent action to appropriate these funds – as well as carryover funds from prior year unspent amounts – will be presented to the City Council at a future meeting. It is necessary to close out FY 2021 -22 to determine the remaining amount of prior year funding, and to re-budget these amounts appropriately. The various programs funded by CDBG and HOME – including the new commercial façade program – will have budget amounts appropriated through this follow-up action.
Following the City Council adoption, the Commercial Façade Program will commence and the Housing Division will begin to promote available grant funds. In addition, the Housing Division would establish a process to receive applications in connection with the available program grant.
ATTACHMENTS:
A. Attachment A – Resolution No. 22-67
B. Attachment B – Draft Annual Action Plan
C. Attachment C – Notice of Public Hearing
D. Attachment D – Commercial Façade Guidelines and Application
ATTACHMENT A
RESOLUTION NO. 22-67
A RESOLUTION TO THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, APPROVING A ND AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO SUBMIT TO HUD THE CITY’S
FISCAL YEAR (FY) 2022-2023 ANNUAL ACTION PLAN AND THE 2022- 2023 COMMERICAL FAÇADE PROGRAM
RECITALS
WHEREAS, the City of Montebello (“City”) has applied and received Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds from the Government of the United States under Title I of the Housing and Community Development Act of 1974; and
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) is the federal agency that promulgates regulations and oversees th e administration of the CDBG and HOME program; and
WHEREAS, City staff published a public notice announcing the availability of the Fiscal Year (FY) 2022-2023 draft Annual Action Plan in the Daily Journal on July 11, 2022, triggering a 30-day public comment period of the plan; and
WHEREAS, on August 10, 2022, the City Council of the City of Montebello (“City Council”) held a duly noticed public hearing to consider adoption of the FY 2022-2023 draft Annual Action Plan.
WHEREAS, The Commercial Façade Program has been established with 2022 - 2023 CDBG Program funds in the amount of $100,199.20.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: The above recitals are true and c orrect and incorporated herein by reference.
SECTION 2 : The City Council approves and ratifies the FY 2022-2023 Annual Action Plan.
SECTION 3: The City Council approves the 2022 -2023 Commercial Façade Program.
SECTION 3: The City Manager is hereby authorized to make all conforming modifications and edits and to execute all implementing documents required by HUD to receive and reallocate funding identified under the approved annual Action Plan.
SECTION 4: The City Manager is hereby authorized to enter into agreements with eligible sub-recipients.
RESOLUTION NO. 22-67
SECTION 5: That the City Clerk shall certify to the passage and approval of this resolution and it shall thereupon be in full force and effect.
APPROVED, AND ADOPTED this 10th day of August 2022.
Kimberly Ann Cobos-Cawthorne, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California , hereby certify that the foregoing Resolution No. 22 -67 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 10th day of August 2022 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
DATE:
Christopher Jimenez, City Clerk
City of Montebello
Los Angeles County, California
2022-2023 Annual Action
Plan
ATTACHMENT B
TABLE OF CONTENTS
ANNUAL ACTION PLAN .......................................................................................................................................... 1 AP-05 Executive Summary ........................................................................................................................ 2 PR-05 Lead & Responsible Agencies ......................................................................................................... 5 AP-10 Consultation .................................................................................................................................... 6 AP-12 Participation ................................................................................................................................. 10 AP-15 Expected Resources – 91.220(c)(1,2) ........................................................................................... 12 AP-20 Annual Goals and Objectives ........................................................................................................ 14 AP-35 Projects – 91.220(d) ...................................................................................................................... 16
AP-38 Project Summary ........................................................................................................................... 17
AP-50 Geographic Distribution – 91.220(f) .............................................................................................. 24 5 Affordable Housing ..................................................................................................................................... 25 AP-55 Affordable Housing – 91.220(g) ..................................................................................................... 25
AP-60 Public Housing – 91.220(h) ............................................................................................................ 28
AP-65 Homeless and Other Special Needs Activities – 91.220(i)............................................................... 30
AP-75 Barriers to affordable housing – 91.220(j) ..................................................................................... 34
AP-85 Other Actions – 91.220(k).............................................................................................................. 36
AP-90 Program Specific Requirements ..................................................................................................... 39 Appendix ..................................................................................................................................................... 41
1 2022-2023 Annual Action Plan
2 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
As a recipient of Federal funds from the U.S. Department of Housing and Urban Development (HUD), the City of Montebello (City) is required to prepare and submit a Consolidated Plan every five years. The City’s current Consolidated Plan covers the five-year period from 2020 through 2025 and applies to the following Federal grant programs:
Community Development Block Grant (CDBG)
HOME Investment Partnerships Grant (HOME)
2. Summarize the objectives and outcomes identified in the Plan
This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.
The Consolidated Plan is a multifaceted document developed through a collaborative process whereby Montebello stakeholders have helped identify community improvements needs and priorities to address with Federal grant funds and other available resources. To ensure the maximum participation of the community’s residents and to comply with the City’s HUD- approved Citizen Participation Plan, the City implemented a survey and public hearing. Through this process, the residents of Montebello had an opportunity to shape the priorities of the Consolidated Plan.
The Annual Action Plan for Fiscal Year (FY) 2022-2023 includes activities the City will undertake to address its priority needs and objectives as outlined in the 2020-2025 Consolidated Plan.
These activities will be undertaken with CDBG and HOME program funds in the amounts of approximately $825,957.79 and $1,007,425.02 respectively. The City’s Activities proposed for FY 2022-2023 will each meet one of the following three (3) national objectives:
Activities which benefit low- and moderate-income persons Activities which aid in the prevention or elimination of slums or blight Activities that are designated as having a particular urgency
The City has established the following objectives to address the community needs identified in the Consolidated Plan:
Increase affordable housing opportunities
Maintain decent and energy efficient housing stock
Expand fair housing choice and access
Provide vital public services
Expand Economic Opportunities
3 Increase the earning capacity for LMI families
Planning and Administration
The City has established various community development objectives that promote activities and programs that benefit low-moderate –income households.
3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.
The City prepares the Consolidated Annual Performance and Evaluation Report (CAPER), which outlines how the City met the needs and objectives outlined in the prior 2020-2025 Consolidated Plan and Annual Action Plan. The City’s most recent 2021-2022 CAPER reports on the first year of the Consolidated Plan. The City’s key accomplishments over the 2021-2022 Annual Action Plan period included the following:
Provided fair housing services to residents to prevent discrimination, provide referrals, investigations, case management, and litigation, and resolve landlord tenant disputes to approximately 158 households.
Provided public services to 336 individuals.
The loss of low-moderate-income housing funds as a result of the dissolution of statewide redevelopment agencies has impacted he City’s ability to currently implement its previous goals for affordable rental housing unit development and affordable purchase units. Despite these challenges, the City and its partners are working to achieve the objectives established in the Consolidated Plan.
4. Summary of Citizen Participation Process and consultation process
A Notice of Funding Availability and Request for Proposals was published in the Daily Journal on January 26, 2022. The Notice of Funding Availability also included a link for City residents to complete a Survey to provide input for the Annual Action Plan. The City received five (5) applications for Public Services.
The FY 2022-2023 Annual Action Plan was released for citizen review and comment on July 11 to August 10. The draft Annual Action Plan was made available to City residents on the City’s website.
5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.
4 As required by Federal regulations and the City’s Citizen Participation Plan, the City advertised notices inviting interested parties to be a part of the public hearings to provide A Notice of Funding Availability and Request for Proposals was published in the Daily Journal on January 26, 2022. In the Notice of Funding Availability the City provided a link to Survey Monkey in order for citizens to participate in a Community Needs Survey. The City received two (2) response.
On July 11, 2022 the City published a notice of a public hearing and comment period for the draft Annual Action Plan on the Daily Journal and Daily News. The notice advised the public that a copy of the FY 2022-2023 Annual Action Plan was made available on the City’s website. The 30 day comment period began on July 11 to August 10, 2022.
6. Summary of comments or views not accepted and the reasons for not accepting them
All comments received from the public during the Public Hearing will be addressed in the Annual Action Plan.
7. Summary
All comments received from the public during the Public Hearing will be addressed in the Annual Action Plan.
5 PR-05 Lead & Responsible Agencies – 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan
Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency
CDBG Administrator Montebello Planning & Community Development Department
HOME Administrator Montebello Planning & Community Development Department
TABLE 1 – RESPONSIBLE AGENCIES
Narrative (optional)
The Planning and Community Development Department is responsible for overseeing the administration of the City’s CDBG and HOME programs, including administration of the grants, preparation of required reports, and implementation of grant-funded programs. The Housing Manager in the Planning and Community Development Department oversees the day-to-day administration of the CDBG and HOME programs with the assistance of program consultants, as needed.
Consolidated Plan Public Contact Information
City of Montebello
Planning and Community Development Department
1600 West Beverly Blvd
Montebello, CA 90640
Phone: (323)887-1200 Ext. 598
Attn: Joseph Palombi, Director
6 AP-10 Consultation – 91.100, 91.200(b), 91.215(l)
1. Introduction
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
During the preparation of the Annual Action Plan, the City consulted with a variety of agencies including local and regional social services agencies, Los Angeles Homeless Services Authority (LAHSA), and the Los Angeles County Development Authority (LACDA). The goal of the consultation was to gather data on priority needs of the City of Montebello and to identify opportunities to improve availability and access to services.
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS
The City consulted with other grantees and surrounding jurisdiction to discuss the CDBG and HOME regulations and to plan for the portion of the FY 2022-2023 allocation for public service agencies and affordable housing developers.
The City will continue to coordinate with surrounding jurisdictions and local grantees to develop coordinated and consistent performance standards and outcome measurements to assist the neediest populations.
Consultation efforts are made throughout the year through telephone conferences, written communication with the Los Angeles County Development Authority, and community-based organizations to identify mutual problem areas and explore potential solutions.
The City is also making progress on a General Plan update that includes extensive community outreach to discuss and consider the City’s affordable housing needs.
2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
7 1 Agency/Group/Organization Los Angeles County Development Authority (LACDA)
Agency/Group/Organization Type Housing
PHA
Services - Housing
What section of the Plan was addressed
by Consultation?
Housing Need Assessment
Public Housing Needs
Market Analysis
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
Through meetings and conversations,
information was gathered on the
affordable housing resources of LACDA
and the agency was identified as a
valuable partner with the City in meeting
the needs for publicly assisted housing.
2 Agency/Group/Organization Montebello Community Assistance Program (MCAP)
Agency/Group/Organization Type Provide access to Homeless resources and Emergency Housing
What section of the Plan was addressed
by Consultation?
Homeless
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
Through several meetings and
consultations. MCAP staff met with
program management staff to discuss
homeless service programs available to
the most vulnerable population.
Coordination will continue to identify the
best use of funds to remediate
homelessness in the City.
3 Agency/Group/Organization Montebello Code Enforcement Agency/Group/Organization Type Housing
Services - Housing
What section of the Plan was addressed
by Consultation?
Housing Need Assessment
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
Program management staff met with
representatives of the City department to
discuss operation of the code
enforcement program need for these
services in the city, and the condition of
housing and neighborhoods.
4 Agency/Group/Organization Heart of Compassion (HOC)
Agency/Group/Organization Type Services – Food Insecurity Services - Homeless
8 What section of the Plan was addressed
by Consultation?
Vital Public Services
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
Through the application process, program
management staff participated in multiple
discussions with HOC staff to identify the
best use of funds to help families and
individuals in the City facing food
insecurity.
5 Agency/Group/Organization YMCA
Agency/Group/Organization Type Services – Senior Services & Food Insecurity
Services – At Risk Youth Recreation &
Preschool Services
What section of the Plan was addressed
by Consultation?
Vital Public Services
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
Through the application process, program
management staff participated in multiple
discussions with YMCA staff to identify
the best use of funds to help families in
the City facing food insecurity.
6 Agency/Group/Organization Youth Employment Program (YEP) Agency/Group/Organization Type Services – Employment
What section of the Plan was addressed
by Consultation?
Employment
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
Through the application process, HUD
program management staff participated
in multiple discussions with Recreation
and Community Services Department to
identify the best use of funds to help LMI
families in the City.
TABLE 2 – AGENCIES , GROUPS , ORGANIZATIONS WHO PA RTICIPATED
9 Identify any Agency Types not consulted and provide rationale for not consulting
The City consulted with a variety of agencies serving Montebello residents and the region. No agency types were specifically left out of the consultation process.
Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care (CoC) Los Angeles Homeless Services Authority (LAHSA)
Both address issues concerning
homelessness and special needs housing.
TABLE 3 – OTHER LOCAL / REGIONAL / FEDERAL PLANNING EFF ORTS
Narrative (optional)
Annual Action Plan
10 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-12 Participation – 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting
In developing this Annual Action Plan, the City of Montebello followed its approved Citizen Participation Plan, which meets HUDS’s Federal requirements for citizen participation.
The City of Montebello offered opportunities for participation and comment for the Annual Action Plan. There was a public hearing and 30 day review and comment period of the Annual Action Plan from July 11 to August 10, 2022.
Annual Action Plan
11 OMB Control No: 2506-0117 (exp. 09/30/2021)
Citizen Participation Outreach
Sort Order Mode of
Outreach
Target of
Outreach
Summary of
response/
attendance
Summary of
comments received
Summary of comme
nts not accepted
and reasons
URL (If applicable)
1 Newspaper
Ad
Non-
targeted –
broad
community
Newspaper
advertisement
was published
on 1/26/22
notifying
interested
parties of
Funding
Availability
Two comments
were received and
five applications
were submitted
All comments were
accepted.
2 Internet
Outreach
Non-
targeted –
broad
community
Draft AAP was
on City’s
website for
public review
and comment
Pending Pending https://www.cityofmonte
bello.com/
3 Public
Meeting
Non-
targeted –
broad
community
Public Hearing
for adoption of
AAP
Pending Pending
TABLE 4 – CITIZEN PARTICIPATION OUTREACH
Annual Action Plan
12 OMB Control No: 2506-0117 (exp. 09/30/2021)
Expected Resources
AP-15 Expected Resources – 91.220(c) (1, 2)
Introduction
Anticipated Resources
The City anticipates utilizing the resources in Table 5 during FY 2022-2023 to meet Consolidated Plan Goals:
TABLE 5 - EXPECTED RESOURCES – PRIORITY TABLE
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan $
Narrative
Description Annual
Allocation:
$
Program
Income: $
Prior Year
Resources:
$
Total:
$
CDBG Public
Federal
Admin and
Planning, Public
Improvement,
Public Services
$670,421 $155,536.79 $0 $825,957.79 $1,950,000 The City expects to receive
approximately
$1,950,000 over
the next 3 years
CDBG entitlement
Funds; $650,000 in
Year 3.
HOME Public
Federal
Acquisition
Homeowner
Rehab
$341,617 $665,808.02 $0 $1,007,425.02 $900,000 The City expects to receive
approximately
$900,000 over the
next 3 years
HOME entitlement
Funds; $300,000 in
Year 3.
Annual Action Plan
13 OMB Control No: 2506-0117 (exp. 09/30/2021)
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
The City will continue to use state and local funds to leverage federal entitlement dollars, including but not limited to:
City General Funds ( Affordable Housing Projects)
Preserve the City’s existing affordable housing stock for low-to moderate-income households (i.e. State CalHome Fund Owner- Occupied Rehabilitation Loan Program)
Montebello implements the goals, objectives and policies of the AI and ConPlan by using funds to bolster public services that will lead to housing benefits for low-to- moderate income residents.
The City of Montebello is planning on using CDBG funds to fund food insecurity programs throughout the City, including Hearts of Compassion.
The HOME program requires a local match which leverages local funds. The City anticipates assisting 6 low to moderate income homeowners through the owner- occupied Housing Rehabilitation and Preservation Program over the next three years.
The program offers housing rehabilitation loans to eligible homeowners using HOME funds.
If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan
The City does not currently have any publicly owned land that is being considered for affordable housing. However, the Montebello Housing Development Corporation (MHDC) offers several programs that help families with the purchase of a home.
Discussion
See discussion above.
Annual Action Plan
14 OMB Control No: 2506-0117 (exp. 09/30/2021)
Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort Order Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Administration 2022 2023 Administration Citywide Planning and Administration
CDBG: $145,191.55
HOME:
$100,742.50
Other: Program
Administration
2 Fair Housing 2022 2023 Administration Citywide Ensure Equal access to housing
opportunities
CDBG: $20,000
Other: Promotes Fair
Housing
3 Housing 2022 2023 Affordable
Housing
Citywide Increase and
Preserve the
supply of
affordable
housing
HOME:
$755,568.77
Homeowner Housing
Rehabilitation:
5 households/Housing units
4 Housing 2022 2023 Affordable
Housing
Citywide Increase
Affordable
Housing
Opportunity
HOME:
$151,113.75
CHDO- Acquisition and New
Construction:
Future Project
5 Economic
Development
2022 2023 Non-Housing
Community
Development
Citywide Economic
Development
CDBG: $100,199.20
Economic Development:
Rehabilitation of community
businesses located in
targeted area
6 Public Service 2022 2023 Non-Housing
Community
Development
Citywide Provide public
services for low-
income residents
CDBG: $95,000
Public Service activities other
than Low/Moderate Income
Housing Benefit:
Individuals assisted
TABLE 6 – GOALS SUMMARY
Annual Action Plan
15 OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Descriptions
Goal Name: Goal Description:
TABLE 7 – GOALS DESCRIPTIONS
1 Administration Planning and Administration provides funds for program and project delivery, general operation and administration of CDBG and HOME funds as well as planning and support for CHDO. 2 Fair Housing The City will continue to collaborate with entities that provide assistance for families and individuals seeking counseling and or legal solutions to fair housing, and discrimination problems. 3 Housing Provide funding for the development of new affordable housing, homebuyer assistance programs and or utility or rent reduction programs for low and moderate income families. Fund housing solutions that may include: programs that increase homeownership, housing improvements for special needs populations, support integrated housing solutions and plans, and reduce barriers to affordable housing consistent with the City’s Analysis for Impediment to Fair Housing Choice.
Provide funding for programs for owner–occupied housing rehabilitation including activities related to home improvements, energy efficiency, structural improvements, and/or other home sustainability projects.
4 Economic Development Provide funding for projects such as: Commercial Façade Program for economic development. The City will provide economic development opportunities to improve the physical condition of the existing commercial buildings located in the Target Areas. This will help the city to restore economic vitality.
5 Public Service Provide needed public services that assist individuals and families in the following ways: services for children, youth, senior and special needs services, nutrition and preventative health services, supplemental food/clothing assistance and other vital social services.
Annual Action Plan
16 OMB Control No: 2506-0117 (exp. 09/30/2021)
Projects
AP-35 Projects – 91.220(d)
Introduction
The following projects will be undertaken during the Fiscal year to address priority needs and objectives:
Projects
# Project Name
1 Housing Rights Center (HRC)
2 Section 108 Loan Payment
3. Youth Employment Program ( YEP)
4. Planning and Administration CDBG
5. Housing Rehabilitation and Preservation Program (HRPP)
6. Planning and Administration HOME
7. Commercial Façade Program
8. YMCA Montebello/Commerce
9. Heart of Compassion (HOC)
10. CHDO- Acquisition and New Construction
TABLE 8 - PROJECT INFORMATION
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The City recognizes that special needs populations encounter challenges due to low income and the special conditions that they face. Special needs populations are more likely to become homeless because of these factors. Special needs populations require housing and supportive services. The City considers supportive services and housing for special needs populations a high priority. Supportive services are also considered a high priority in the CoC. In Fiscal Year 2022-2023, the City will continue funding activities that address these needs.
In making project recommendations, consideration was given to a variety of thresholds that projects must meet to comply with CDBG objectives, including meeting one of the national objectives and addressing one of the community priorities set out in the Consolidated Plan.
Staff also considered all engagement activities, housing and homeless data, established priority needs, cost reasonableness and effectiveness, activity management and implementation, experience with similar activities, past performance, leveraged funds, and completeness of the application. Project recommendations are for those projects determined most likely to be successful and maintain compliance with CDBG and HOME regulations.
Annual Action Plan
17 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-38 Project Summary
Project Summary Information
1. Project Name Housing Rights Center (HRC)
Target Area Citywide
Goals Supported Expand fair housing choice and access
Needs Addressed
Support land use policies, further
affordable and equitable housing
opportunities
Funding CDBG (Admin): $20,000
Description HRC will provide fair housing services,
handle fair housing cases and education.
Target Date 6/30/2023
Estimate the number and type of families that
will benefit from the proposed activities
100 households assisted. Two housing
rights workshops provided.
Location Description 3255 Wilshire Blvd. Los Angeles, CA Planned Activities
CDBG funds will be used to provide fair
housing services to residents to prevent
discrimination, provide referrals,
investigations, case management, and
litigation, and resolve landlord tenant
disputes.
Annual Action Plan
18 OMB Control No: 2506-0117 (exp. 09/30/2021)
2. Project Name Section 108 Loan Payment
Target Area Whittier Revitalization Area
Goals Supported Expanding economic opportunities
Needs Addressed Needed infrastructure improvements
Funding CDBG: $480,467
Description
Completed improvements include the
replacement of sidewalks, curbs and
gutter, street irrigation, lighting, water
and sewer lines, sidewalk improvements
compliant with the Americans with
Disabilities Act, landscaping, and street
furniture.
Target Date 6/30/2023
Estimate the number and type of families that
will benefit from the proposed activities Loan repayment - not applicable Location Description 1600 West Beverly Blvd., Montebello, CA Planned Activities Section 108 Loan Payment
3. Project Name Youth Employment Program (YEP)
Target Area Citywide
Goals Supported Increase earning capacity for LMI families Needs Addressed Increased employment for LMI families
Funding CDBG: $40,000
Description Program will employee 18 low-income
youth
Target Date 6/30/2023
Estimate the number and type of families that
will benefit from the proposed activities 18 youth
Annual Action Plan
19 OMB Control No: 2506-0117 (exp. 09/30/2021)
Location Description 1600 W. Beverly Blvd, Montebello
Planned Activities Employ low income youth for jobs
4. Project Name Program Administration CDBG
Target Area Citywide
Goals Supported Planning and Administration
Needs Addressed Planning and Administration
Funding CDBG: $145,191.55
Description
The City will continue to provide planning
and administration services required to
manage and operate the City's CDBG
program. Such funds will assist in
managing community development,
housing, and economic development
programs.
Target Date 6/30/2023
Estimate the number and type of families that
will benefit from the proposed activities Planning and Administration Location Description 1600 West Beverly Blvd., Montebello, CA Planned Activities Program administration
5. Project Name Housing Rehabilitation and Preservation Program (HRPP)
Target Area Citywide
Goals Supported Maintain decent and energy efficient
housing stock
Needs Addressed Homeowner rehabilitation program
Funding HOME: $906,682.52
Description Rehabilitation and preservation
Target Date 6/30/2023
Annual Action Plan
20 OMB Control No: 2506-0117 (exp. 09/30/2021)
Estimate the number and type of families that
will benefit from the proposed activities
5 Families/households
Location Description Citywide
Planned Activities Eligible home repairs
6. Project Name Program Administration HOME
Target Area Citywide
Goals Supported Planning and Administration
Needs Addressed Planning and Administration
Funding HOME: $100,742.50
Description
The City will continue to provide planning
and administration services required to
manage and operate the City's HOME
program. Such funds will assist in
managing community development,
housing, and economic development
programs.
Target Date 6/30/2023
Estimate the number and type of families that
will benefit from the proposed activities Planning and Administration Location Description 1600 West Beverly Blvd., Montebello, CA Planned Activities Planning and Administration
7. Project Name Commercial Façade Program
Target Area Citywide
Goals Supported Create Sustainable Neighborhoods
Needs Addressed Economic Opportunities
Funding CDBG: $100,199.20
Annual Action Plan
21 OMB Control No: 2506-0117 (exp. 09/30/2021)
Description Revitalization of targeted commercial
areas
Target Date 6/30/2023
Estimate the number and type of families that
will benefit from the proposed activities 10 businesses Location Description 1600 West Beverly Blvd., Montebello, CA Planned Activities
The City will provide economic
development opportunities to improve
the physical condition of the existing
commercial buildings located in the City’s
Target Areas. This will help the city to
restore economic vitality.
8. Project Name YMCA Montebello/Commerce
Target Area Citywide
Goals Supported Vital Public Service
Needs Addressed Community Outreach
Funding CDBG: $ 25,000
Description Supportive Services for Families, Seniors,
Youth and Children in target area.
Target Date 6/30/2023
Estimate the number and type of families that
will benefit from the proposed activities 50 families
Location Description 200 West Beverly Blvd., Montebello, CA Planned Activities
Services include scholarships for
preschool, youth at risk programming
including: residence camp, swim
programs, youth sports, youth fitness, and
Annual Action Plan
22 OMB Control No: 2506-0117 (exp. 09/30/2021)
youth and government programming;
Services for Elderly; Food Distribution.
9. Project Name Heart of Compassion (HOC)
Target Area Citywide
Goals Supported Vital Public Service
Needs Addressed Homeless/Special need populations
Funding CDBG: $ 30,000
Description Food Distribution for targeted community
Target Date 6/30/2023
Estimate the number and type of families that
will benefit from the proposed activities 400 Households Location Description 600 S. Maple Ave, Montebello, CA
Planned Activities Food Distribution
10. Project Name CHDO- Acquisition & New Construction
Target Area Citywide
Goals Supported Increase affordable housing opportunities Needs Addressed Affordable Housing
Funding HOME: $151,113.75
Description Acquisition/rehabilitation of property for
low income housing
Target Date 6/30/2023
Estimate the number and type of families that
will benefit from the proposed activities
Future Project
Location Description Citywide
Planned Activities At least 15 percent of HOME Investment Partnerships Program
Annual Action Plan
23 OMB Control No: 2506-0117 (exp. 09/30/2021)
(HOME) funds must be set aside for
specific activities to be
undertaken by a special type of nonprofit
called a Community Housing
Development Organization (CHDO). A
CHDO is a private nonprofit,
Community-based organization that has
staff with the capacity to develop
affordable housing for the community it
serves. To qualify for
designation as a CHDO, the organization
must meet certain
requirements pertaining to their legal
status, organizational structure,
and capacity and experience
TABLE 9 – PROJECT SUMMARY
Annual Action Plan
24 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed
The City anticipates spending at least 100 percent of its entitlement funds in target areas, including areas that have low- and moderate-income concentrations or minority concentrations. HUD’s funded activities are limited to the city’s low- and moderate-income areas, which encompass the majority of the city’s residential areas. Areas of the city outside of the CDBG target areas will benefit from activities that are limited clientele in nature, i.e., a person/household can benefit from a federally assisted program provided they meet the program’s eligibility criteria. Eligibility is typically established by household income and household size. CDBG program funds will be expended based on program criteria. For example, public services are available on a citywide basis for qualified beneficiaries; fair housing and program administration activities will also be carried out on a citywide basis. Community development projects (e.g., commercial façade program) will be carried out in the city’s low- and moderate- income areas, i.e., areas where most residents meet HUD’s low-and moderate- income definition.
Geographic Distribution
Target Area Percentage of Funds
City Wide 100%
TABLE 10 – GEOGRAPHIC DISTRIBUT ION
Rationale for the priorities for allocating investments geographically
The City generally does not allocate funds on a geographic basis. On an annual basis, the City prioritizes the use of its CDBG funding for citywide housing and community development activities including housing, public services, fair housing, and public facilities. Activities identified under the public services category and targeted to special needs populations are offered on a citywide basis and/or where resources can be coordinated with existing facilities or services. Public improvements and public facilities are qualified as benefitting low- and moderate-income persons.
Discussion
See above discussion.
Annual Action Plan
25 OMB Control No: 2506-0117 (exp. 09/30/2021)
Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
See discussion below regarding the City's programs that address the affordable housing needs.
One Year Goals for the Number of Households to be
Supported
Homeless (HOC) 200
Non-Homeless (HOC & HRC) 300
Special-Needs (Youth & YMCA) 68
Total 568
TABLE 11 - ONE YEAR GOALS FOR AFFORDABLE HOUSING BY SUPPORT REQUIREMENT
One Year Goals for the Number of Households Supported
Through
Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 5
Acquisition of Existing Units 0
Total 5
TABLE 12 - ONE YEAR GOALS FOR AFFORDABLE HOUSING BY SUPPORT TYPE
Discussion
The City’s strategies relating to affordable housing efforts include maintaining the affordable housing stock through the Housing Rehabilitation and Preservation Program; acquisition of property for low income housing; and support for rental assistance programs through the County, such as the Section 8 Housing Choice Voucher. The valued services help prevent homelessness and aim to assist at-risk youth and teenagers. The City’s AI recommended amending portions of the City’s zoning code to better support affordable housing. Once the General Plan is updated, this will allow the City to develop policies that promote local and regional goals, including goals related to housing accessibility and affordability. In addition, the updates will ensure that our City policies and standards are consistent with State and regional housing requirements.
The City’s housing policies support a Rental Rehabilitation Program by providing loans to investor owned properties to assist in the ability to improve the City’s rental housing stock in need of rehabilitation, to provide safe, decent, and sanitary housing for lower income families.
The City also puts funding toward the preservation of existing at-risk affordable housing for
Annual Action Plan
26 OMB Control No: 2506-0117 (exp. 09/30/2021)
technical assistance to property owners and by monitoring Section 8 legislation. To facilitate the development of affordable units, the City uses the State’s density bonus law by offering a density bonus of between 35 and 50%.
The City has HOME activities in progress, funded with prior year funds. These prior year activities include HOME funded loans for homeowner residential rehabilitation and funds Allocated for future acquisition or new construction for affordable housing units. HUD regulations and HOME Final Program Rule, require each grantee to set aside a minimum of 15% of the annual HOME allocation for projects and activities carried out by Community Housing Development Organizations (CHDOs). The City of Montebello has set aside funds to acquire or build new affordable housing units within the City.
Typically, the City uses its HOME funds for low income housing development and rehabilitation of owner-occupied single-family properties. The City must use the HOME affordable homeownership limits provided by HUD when setting price limits for affordable home sales and when using HOME funds for home rehabilitation. Also, the use of funds for HOME assisted activities requires that the value of the property after rehabilitation must not exceed 95% of the median purchase price for the area. The HOME Final Rule offers two options for determining the 95% of median purchase price limit for owner-occupied single-family housing, as noted below:
1. HUD will provide limits for affordable housing based on 95 percent of the median purchase price for the area; OR
2. Perform a local market survey to determine the 95 percent of median purchase price limit.
After review of the published 2022 HOME affordable homeownership limits provided by HUD, for Los Angeles County for determining 95 percent of the median purchase price limit, it was determined that the median price for Montebello homes is $510,000. Based on FHA standard practice, the following multipliers are used for 2-, 3-, and 4-unit properties: 1.28, 1.55, and 1.92 times the 1-unit limit respectively. Based on a comparison of local housing market listing prices and sales information, it was determined that the FHA limits do not accurately reflect current actual home purchase prices for the area. Therefore, a local market survey was conducted for Montebello home sales for a three-month period using HDL data. This survey shows a median price of $735,000 in the City of Montebello and a 95% median value price of $698,250 (see home sales data table below).
FHA – Market Median Price $510,000.00
Montebello Local Market Survey Median Price $735,000.00 95% of Montebello Local Market Survey Median Price $698,250.00 TABLE 13 – HOME AFFORDABLE HOME OWNERSHIP UNITS
Annual Action Plan
27 OMB Control No: 2506-0117 (exp. 09/30/2021)
As a result of this conclusion, it is our recommendation that the City of Montebello use the local market survey price as the determinant of the 95 percent median purchase price limit as it is higher than the FHA- Market Median Price.
3-Month Home Sales Data, Montebello, CA
October 2021 to December 2021
1 12/20/2021 714 S. Greenwood Ave $ 310,000.00
2 11/1/2021 513 Hornby St $ 430,000.00
3 11/29/2021 1613 W. Los Angeles Ave $ 450,000.00 4 12/01/2021 2616 W. Via Corona $ 500,000.00
5 11/23/2021 508 Thynne St $ 530,000.00
6 11/30/2021 841 W. Mines Ave $ 540,000.00
7 10/15/2021 140 N. Spruce St $ 580,000.00
8 10/1/2021 219 S. 10Th St $ 595,000.00
9 12/22/2021 825 Palm Pl $ 605,000.00
10 12/17/2021 649 S. 4Th St $ 625,000.00
11 10/4/2021 601 Jacmar Dr $ 630,000.00
12 12/01/2021 741 Carmelita Pl $ 630,000.00
13 10/1/2021 2933 Via San Delarro $ 650,000.00
14 10/27/2021 760 Findlay Ave $ 650,000.00
15 10/28/2021 432 Via Miramonte $ 650,000.00
16 12/15/2021 712 E. Ave De La Merced $ 650,000.00 17 12/23/2021 717 S. 6Th St $ 660,000.00
18 12/08/2021 412 E. Oakmont Dr $ 663,000.00
19 11/8/2021 349 N. 3Rd St $ 670,000.00
20 11/30/2021 516 Morris Pl $ 681,000.00
21 10/1/2021 2421 W. Via Nina $ 700,000.00
22 10/26/2021 805 Hay St $ 700,000.00
23 10/28/2021 448 Via Vista $ 700,000.00
24 10/26/2021 125 N. Spruce St $ 705,000.00
25 11/18/2021 604 N. 21St St $ 717,000.00
*26 10/14/2021 324 N. 7Th St $ 735,000.00
27 12/23/2021 2228 Northside Dr $ 735,000.00
28 10/20/2021 3025 Via Breve $ 740,000.00
29 10/19/2021 2501 W. Via Acosta $ 742,500.00
Annual Action Plan
28 OMB Control No: 2506-0117 (exp. 09/30/2021)
30 11/18/2021 633 N. 7Th St $ 748,500.00
31 12/08/2021 2213 W. Lincoln Ave $ 750,000.00
32 12/22/2021 2528 W. Via Corona $ 750,000.00
33 10/4/2021 825 Date St $ 775,000.00
34 12/29/2021 704 Leonard St $ 775,000.00
35 10/22/2021 708 N. Lincoln Ave $ 780,000.00
36 11/22/2021 604 N. 21St St $ 780,000.00
37 10/13/2021 860 Ladywood Pl $ 800,000.00
38 10/1/2021 204 N. Vail Ave $ 820,000.00
39 12/17/2021 108 E. Eula Dr $ 825,000.00
40 11/17/2021 811 S. 3Rd St $ 850,000.00
41 11/8/2021 609 N. Poplar Ave $ 865,000.00
42 12/30/2021 200 N. Taylor Ave $ 870,000.00
43 12/20/2021 1820 W. Madison Ave $ 880,000.00
44 12/20/2021 704 N. Taylor Ave $ 890,000.00
45 12/21/2021 2510 Plz Libre $ 897,000.00
46 11/30/2021 1722 Loma Rd $ 900,000.00
47 12/17/2021 809 Perry Ave $ 915,000.00
48 12/01/2021 1404 Westmoreland Dr $ 930,000.00
49 12/08/2021 1003 N. Iguala St $ 978,500.00
50 10/26/2021 627 N. 19Th St $ 990,000.00
51 10/4/2021 1412 Via Camille $ 1,000,000.00
52 12/17/2021 1124 N. Iguala St $ 1,100,000.00
TABLE 14 – 3 MONTH HOME SALES DAT A
AP-60 Public Housing – 91.220(h)
Introduction
The City of Montebello does not own or manage public housing. Actions planned during the next year to address the needs to public housing. The City of Montebello does not own or manage public housing. Actions to encourage public housing residents to become more involved in management and participate in homeownership Los Angeles County Development Authority (LACDA) offers the Family Self-Sufficiency Program to assist residents toward greater independence and homeownership opportunities. If the PHA is designated as troubled,
Annual Action Plan
29 OMB Control No: 2506-0117 (exp. 09/30/2021)
describe the manner in which financial assistance will be provided or other assistance Los Angeles County Development Authority is not designated as troubled.
Actions planned during the next year to address the needs to public housing The City supports the efforts of LACDA in making rental assistance available to low-income households through the Section 8 program, but the City has no direct involvement in the ownership or management of public housing.
Actions to encourage public housing residents to become more involved in management and participate in homeownership
Not Applicable- The City is not a Public Housing Agency.
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not Applicable.
Discussion
None.
Annual Action Plan
30 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-65 Homeless and Other Special Needs Activities – 91.220(i)
Introduction
To address the needs of homeless individuals and families, the City continues its efforts to identify efficient and effective means to distribute limited resources for homeless needs. The City has designated emergency and transitional housing as high priorities for addressing homelessness. Other efforts undertaken by the City are identified below:
1. Homeless Shelters:
To accommodate its share of the region’s homeless, the City utilized numerous nonprofit organizations to offer shelter and services to homeless persons. The City has established a homeless program, known as Montebello Community Assistance Program (MCAP), to help the homeless population in the City with emergency motel and food vouchers. The City also participates in the Los Angeles County Continuum of Care Community Forum. The City works within this collaborative to help identify needs and gaps in the housing/service needs of the region’s homeless.
2. Transitional and Supportive Housing:
Supportive housing, as defined by Section 50675.14 of the California Health and Safety Code, is housing with no limit on the length of stay and that is occupied by a target population. The target population for supportive housing includes low-income persons having one or more disabilities. These disabilities may include mental illness, HIV or AIDS, substance abuse, or other chronic health conditions. Such housing is also linked to on-site or off-site services that assist residents in retaining their housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. On- and off- site services may include, but are not limited to, tutoring, childcare, and career counseling.
Transitional housing, as defined by Section 50675.2 of the California Health and Safety Code, is housing configured as rental housing developments, which may include multi-family housing, single-family housing, or group homes. Such housing is operated under state or Federal program requirements that call for termination of assistance and recirculation of the housing unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Additional services that help individuals gain necessary life skills that support independent living are also allowed but not mandated.
State law allows a distinction in the permitting requirements for certain residential uses in single-family homes based on whether there are six or fewer, or seven or more, people served by the housing type. This size distinction currently exists in the City’s Zoning Code for residential and group care facilities. Residential and group care facilities provide 24-hour per day residential living accommodations in exchange for the payment of money or other
Annual Action Plan
31 OMB Control No: 2506-0117 (exp. 09/30/2021)
consideration, where the duration of tenancy is determined, in whole or in part, by the individual resident's participation in group or individual activities, such as counseling, recovery planning, or medical or therapeutic assistance. Residential or group care facilities include, but are not limited to, residential care facilities for persons with chronic, life-threatening illnesses, and alcoholism or drug abuse recovery or treatment facilities. Residential care facilities provide living accommodations for six or fewer persons and group care facilities provide living accommodations for seven or more persons.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
The City has established a homeless outreach program to help the homeless population in the City with emergency motel vouchers and linkage to permanent housing. The City of Montebello also contracts with local service providers to assist in reducing homelessness.
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
Los Angeles County is divided into eight Service Planning Areas (SPAs), 1 through 8. The division of the County makes it easier for the Department of Public Health to target and track the needs of each area. Montebello is located in SPA 7.
Every year, the Los Angeles Continuum of Care coordinates a Shelter/Housing Inventory Count (HIC), which is a point-in-time (PIT) inventory of service projects, and a record of utilization of services. HIC records how many beds and units are dedicated to serving people experiencing homelessness (e.g., emergency shelter, transitional housing, and safe haven) or people who have experienced homelessness and are now in permanent housing. The City will fund projects within Montebello in the 2022-2023 program year such as Heart of Compassion (HOC).
The CoC offers housing and supportive services to address the needs of homeless persons.
Within SPA 7:
Emergency Shelter:
541 beds serving individuals and families with children Transitional Housing 615 beds serving individuals with families with children Permanent Supportive housing 615 beds serving individuals with families with children
Several programs, detailed below, offered in SPA 7 target different homeless client groups. The program presented below focuses on assessing the individual needs of homeless persons:
Coordinated Entry System (CES) – The CES is a framework that unites regional providers working collaboratively to house chronically homeless individuals. Using a common assessment tool, individuals are prioritized into the most appropriate housing based on their needs. The CES also coordinates County and Federal resources from agencies such as the Department of Mental Health, the Department of Health Services, housing authorities, and the U.S.
Annual Action Plan
32 OMB Control No: 2506-0117 (exp. 09/30/2021)
Department of Veterans Affairs.
Addressing the emergency shelter and transitional housing needs of homeless persons
SPA 7 offers a variety of homeless housing facilities serving different client groups, and includes emergency shelters, transitional housing and permanent supportive housing (See above information).
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again.
The City has the goal of assisting homeless persons, especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth, make the transition to permanent housing and independent living include shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again.
Homeless Family Solutions System – This Program is a network of family homeless service providers that address the needs of homeless families or those at imminent risk of losing their housing. It works cooperatively with system partners to help family’s complete housing and service plans.
First 5 LA Supportive Housing Program (First 5 LA) – This Program is a needs-based assistance program aimed at serving homeless or at-risk families with children from birth to age 5, some with current or past involvement with the County Department of Children and Family Services.
Supportive Services for Veteran Families (SSVF) – This Program is a community-based, competitive grant program that rapidly rehouses homeless veteran families and prevents homelessness for those at imminent risk due to a housing crisis. The program’s objective is to achieve housing stability through a short-term, focused intervention. The SSVF employs a housing-first model, which focuses on helping individuals and families access and sustain permanent rental housing as quickly as possible and without precondition, while facilitating access to those services that will help the veteran’s family keep their housing.
HUD-VASH Vouchers (VASH) – The HUD-VASH Program combines Housing Choice Voucher rental assistance for homeless veterans with case management and clinical services provided by the US Department of Veterans Affairs. The Department provides these services for participating veterans at Veterans Affairs medical centers and community-based outreach
Annual Action Plan
33 OMB Control No: 2506-0117 (exp. 09/30/2021)
clinics.
Unaccompanied Youth – Several programs serve this target group, including 1736 Family Crisis Center, Hathaway-Sycamores: Independent Living Program, Divinity Prophet: Independent Living Program, and Richstone Family Center: Transitional Housing Program and Transitional Living.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.
Agencies involved with persons discharged from institutions and systems of care, including the Los Angeles County Department of Children and Family Services (DCFS), Department of Health Services (DHS), Department of Mental Health (DMH), and Los Angeles County Sheriff’s Department (LASD), all have requirements stipulated by state law or county regulations requiring effective discharge planning and a specific transition plan to ensure that individuals and families are not discharged into homelessness.
In addition, the City of Montebello has established a homeless outreach program known as MCAP. The program focuses on engaging the City’s homeless population to support with emergency motel vouchers, food, and hygiene kits, as well as help with accessing social service needs and permanent housing.
Discussion
The programs identified above, which address the needs of homeless persons and subpopulations of homeless, indicate that serving the homeless is a complex issue requiring a network of agencies, departments, and nonprofit community services agencies. It is fortunate that the City can utilize this network of agencies to provide housing and supportive services in addition to using limited CDBG funding.
Annual Action Plan
34 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-75 Barriers to Affordable Housing – 91.220(j)
Introduction:
City staff, stakeholders and the community at-large identified and prioritized fair housing issues and contributing factors to fair housing. Barriers to affordable housing as well as other housing information can be found in the City’s 2020-2025 AI. A summary of the high priority barriers to affordable housing include:
High cost of housing
Housing values are increasing faster than household incomes Low number of affordable homes vs. market rate or higher cost homes Low number of housing opportunities for larger families Low ability to become a homeowner
Lack of household financial stability
Lack of funds to subsidize economic development projects Undereducated residents
Aging housing and infrastructure
Homeless prevention services
Current land use policies do not support the development of affordable housing
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The AI provided goals and action steps developed as a result of specific data captured and existing programs and policies. Agency consultation, community outreach activities data review and analysis process were needed to develop the plan’s goals and associated action steps. (Refer to the AI, Table):
Goal 1: Increase affordable housing opportunities.
Goal 2: Increase home ownership.
Goal 3: Create public awareness of fair housing laws and affordable housing advocacy.
Goal 4: Increase training, education and employment opportunities.
Table 56 in the AI presents the Goals and Action Steps which further fair housing and affordable housing. As part of the engagement process, ideas and recommended action steps were documented to help provide clearer direction for Council, City staff and partnering agencies.
In the 2022-2023 AAP, the projects and programs that reduce the barriers to affordable housing
Annual Action Plan
35 OMB Control No: 2506-0117 (exp. 09/30/2021)
include:
Acquisition for Affordable Housing
Housing Rehabilitation Grants/Loans
Fair Housing (HRC)
To remove or improve the barriers to affordable housing, the City has adopted the following goals in the 2021-2029 Housing Element:
• Conserve and improve the condition of the existing affordable housing stock
• Identify and address the housing needs, including housing goals, policies, and programs
• Identify and address constraints to housing maintenance, improvement, and development
• Promote equal housing opportunities for all resident
Lastly, the City is currently in the process of updating our General Plan. The General Plan is a long-range planning document that establishes goals and policies that will shape the City for the next 20 years. This update will allow us to develop City policies that promote local and regional goals, including goals related to housing accessibility and affordability. In addition, this update will ensure that our City policies and standards are consistent with State and regional housing requirements.
Discussion:
See discussion above.
Annual Action Plan
36 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-85 Other Actions – 91.220(k)
Introduction:
One of the primary constraints to meeting the needs of low-income residents is a lack of funding to fully address all the needs. Economic challenges and cuts in grant funding have resulted in budgetary constraints not only with the City but with nonprofit service providers as well.
Actions planned to address obstacles to meeting underserved needs
The City of Montebello recognizes that special needs populations encounter challenges due to low income and the special conditions that they face. Special needs populations are more likely to become homeless as a result of these challenges. Special needs populations require housing and supportive services. The City considers supportive services and housing for special needs populations a high priority. Supportive services are also considered a high priority in the Continuum of Care.
Actions planned to foster and maintain affordable housing
The City’s strategies relating to CDBG-funded affordable housing efforts include maintaining the affordable housing stock through the Housing Rehabilitation and Preservation Program and maintaining rental assistance programs such as the Section 8 Housing Voucher program. The City will utilize a combination of Federal and non-Federal funds to maintain existing affordable housing units and foster the creation of new affordable housing opportunities. The City’s efforts include creating clear and precise development standards in conformance with the General Plan vision that offer predictable outcomes and a streamlined development review process.
Review current housing regulations for (ADU’s, mixed-use, transitional and supportive housing, SRO’s, emergency shelters) and revise zoning standards to ensure conformance with State housing law.
Actions planned to reduce lead-based paint hazards
The City’s HOME-funded Housing Rehabilitation and Preservation Program follows the requirements of Lead Safe Housing Regulation 24 CFR Part 35 effective September 15, 2000, and the subsequent September 2000 HUD transition assistance policy. The City will use, when required, state of California-certified lead- based paint inspectors/risk assessors to test for lead paint and perform risk assessments on houses testing positive, and certified lead-based paint contractors to remove and/or abate lead paint.
Actions planned to reduce the number of poverty-level families
The City of Montebello continues to look for ways to expand economic activities to include all
Annual Action Plan
37 OMB Control No: 2506-0117 (exp. 09/30/2021)
people and provide programs to those people who are less fortunate. The City has focused on the creation of jobs for low- and moderate-income persons through youth employment programs, capital improvement projects, Section 108 loan funds. Programs related to housing improvement, homeless shelters, supporting the County’s rental assistance program, and funding affordable housing creation have resulted in housing the homeless and improving the living conditions of the elderly and low-income families.
Many factors can contribute to persons living at or below the poverty level. Lack of higher education opportunities, lack of marketable skills, unemployment or underemployment, lack of affordable childcare, lack of effective transportation, and lack of affordable housing all contribute to homelessness or persons living in poverty. These factors must be addressed to reduce the number of persons living in poverty.
While the City has no control over most of these factors, the City regularly provides referrals to those living below the poverty line. The City also provides a listing of public services agencies and homeless resources, and links to social service agencies. In addition, the City supports other government agencies, private developers, and nonprofit agencies that are involved in creating affordable housing and economic opportunities for low- and moderate-income residents. The City will continue to support a City youth employment program that offers employment benefitting low-income youth households.
Actions planned to develop institutional structure
CDBG funds received by the City are administered by the Finance Department and Planning and Community Development Department. The City relies on a number of governmental departments and agencies, for-profit developers, and private, nonprofit organizations to carry out homelessness programs, affordable housing projects, seniors, at-risk youth, and other community development programs.
• The City’s Planning and Community Development Department’s functions directly impact and facilitate the development of housing.
• The Public Works Department is responsible for the design, construction, maintenance, and operation of public facilities as well as for administering infrastructure projects.
• LACDA administers the HUD Section 8 Housing Choice Voucher Program and public housing, which benefits the city’s low-income population with publicly assisted rental housing.
• The City will provide emergency motel vouchers and services to the homeless population and to low- and moderate-income households through MCAP. • Housing developers are an important partner and essential for the development of market-rate and affordable housing. Private developers are unable to build affordable units without government or other subsidies because of the high cost of land in the city.
• The City is undergoing a General Plan update that will create clear and precise
Annual Action Plan
38 OMB Control No: 2506-0117 (exp. 09/30/2021)
development standards in conformance with the General Plan vision that offer predictable outcomes and a streamlined development review process. Review current housing regulations for ADU’s, mixed-use, transitional and supportive housing, SRO’s emergency shelters, and revise zoning standards to ensure conformance with State housing law.
Gaps or weaknesses in the institutional structure may exist including: the loss of a redevelopment program is a significant challenge to fund future affordable housing projects.
The primary funding source for affordable housing and its administrative costs is HOME. Also, CDBG funding reductions over the years has reduced funding that went to other community development programs. Essentially, these cutbacks resulted in staff and budgets reductions.
Actions planned to enhance coordination between public and private housing and social service agencies
The City’s Planning and Community Development Department maintains primary management and coordination of the various organizations involved in these processes. The staff within the Department works closely with other City departments and the community to develop programs and activities that improve low-and-moderate-income neighborhoods throughout Montebello. The administration of the program activities includes housing, public facility and infrastructure improvements, public and social service activities, and economic development activities. The City collaborates with public agencies, for-profit agencies, and non-profit organizations in order to provide the aforementioned programming and services.
The City has developed a centralized location within the Fire Department to implement homeless services through the Montebello Community Assistance Program (MCAP). MCAP will continue to partner with private and public social service agencies to better serve the needs of the community.
Discussion:
See above.
Annual Action Plan
39 OMB Control No: 2506-0117 (exp. 09/30/2021)
Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l) (1, 2, 4)
Introduction:
The following reflect Program Specific Requirements:
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l) (1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.
1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed $155,536.79
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan
$0
3. The amount of surplus funds from urban renewal settlements $0
4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. $0
5. The amount of income from float-funded activities $0
Total Program Income $155,536.79
Other CDBG Requirements
1. The amount of urgent need activities $0
2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100%
Annual Action Plan
40 OMB Control No: 2506-0117 (exp. 09/30/2021)
HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220 (I) (2)
1. A description of other forms of investment being used beyond those identified in Section
92.205 is as follows:
The City does not receive any atypical loans, grant instruments, nonconforming loan guarantees, or other forms of investments.
2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:
The City has general recapture and resale provisions in its HOME program guidelines which apply only to CHDOs. The City will impose HOME recapture provisions on any property sold by a CHDO to a homebuyer when the City provides a direct subsidy for down payment and or closing costs to the homebuyer.
3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:
In instances where the homebuyer’s home is sold to a qualified low-income buyer at an affordable price, the HOME loan balance shall be transferred to the subsequent qualified buyer and the affordability period shall remain in force. The resale provision shall remain in force from that date the legal documents are executed at loan closing until the expiration of the affordability period.
4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:
The City has no current plans to use HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds.
Discussion
The City relies on its HOME Policies and Procedures Manuel to follow compliance requirements of the HOME program.
Annual Action Plan
41 OMB Control No: 2506-0117 (exp. 09/30/2021)
APPENDIX
Annual Action Plan
42 OMB Control No: 2506-0117 (exp. 09/30/2021)
Appendix A – Public Notifications
Annual Action Plan
43 OMB Control No: 2506-0117 (exp. 09/30/2021)
NOTICE OF PUBLIC HEARING
CITY OF MONTEBELLO CITY COUNCIL
NOTICE TO RECEIVE THE DRAFT ANNUAL ACTION PLAN
NOTICE IS HEREBY GIVEN that the City Council (“City Council’) of the City of Montebello (“City”) will conduct a public hearing to receive the draft 2022-2023 Annual Action Plan for the allocation of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) program funds.
It is noticed that from July 11, 2022 to August 10, 2022 the draft 2022-2023 Annual Action Plan may be reviewed at the following location.
City of Montebello Website – Homepage
https://www.cityofmontebello.com
PUBLIC HEARING INFORMATION:
Date: Wednesday, August 10, 2022
Time: 6:30 p.m. or as soon thereafter as the matter may be heard Place: City Hall Council Chambers, 1600 W. Beverly Blvd., Montebello, CA 90640 PROJECT DESCRIPTION: The City of Montebello is a recipient of Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) funds. These funds are awarded to the City by the United States Department of Housing and Urban Development (HUD).
The CDBG Program provides federal funds for local improvements projects and programs.
Activities assisted with CDBG funds must meet one of the three national objectives: (1) principally benefit low- and moderate-income persons, (2) aid in the prevention or elimination of slums and blight, or (3) meet other community development needs having particular urgency. The HOME Program provides formula grants – often in partnership with local nonprofit groups – to fund a wide range of activities including building buying and/or rehabilitating affordable housing. HOME is the largest Federal block grant to state and local governments designed exclusively to create affordable housing for low-income households.
The Annual Action Plan is submitted to HUD on an annual basis and identifies how the City plans to use the federal money during the next fiscal year to meet the goals and objectives
ATTACHMENT C
approved by the City Council in the Five -Year Consolidated Plan known as the “Five -Year ConPlan.”
For Fiscal Year (FY) 2022 -2023, the City expect s to receive approximately $ 670,421.00 in CDBG funds and approximately $ 341,617.00 in HOME funds. Additionally, $ 155,536.79 in CDBG Program Income and $665,808.02 in HOME Program Income is available.
Total Funding available for FY 2022-2023:
CDBG Funds: $825,957.79
HOME Funds: $1,007,425.02
Public Review and Comment Period: The draft 2022-2023 Annual Action Plan will be available for public review and comment beginning on July 11, 2022 and ending on August 10, 2022. This document will be available for public review on the City of Montebello’s website at https://www.cityofmontebello.com.
During the comment period, comments and/or questions may be submitted to:
Planning and Community Development Department
Attn: Rosemary Perich, Housing Manager
1600 W. Beverly Boulevard, Montebello, CA 90640
Office telephone: (323) 887-1200 Ext. 454
Monday through Thursday, 7:30 A.M. to 5:30 P.M.
GENERAL INFORMATION: As authorized by the Governor’s Executive Order No. N- 29-20, those interested in making public comments at the City Council meeting, may call prior to the start of the Public Comments period on Wednesday, August 10, 2022 at (323) 887-1200 Ext 454. Staff will complete public comment cards, and the public will be called during the City Council meeting – Closed Session begins at 5:00 p.m. and Regular Session begins no later than 6:00 p.m. The exact call-back time is not predictable due to the nature of the City Council agenda. As a result, you must be available until the end of the meeting to receive a live call from staff during the meeting. In addition, the City has created an email address, [email protected], where the public can submit public comments prior to the start of the Public Comments period on Wednesday, August 10 , 2022 . These comments will be read out loud and submitted for the record. Any requests to provide public comment which is submitted after the deadlines indicated above will not be addressed at the council meeting, with the exception of non-agenda item comments which will be held over to the next regularly scheduled meeting. This notice is provided in accordance with Government Code Sections 65867, 65090 and 65091.
Published: July 11, 2022
CITY OF MONTEBELLO
COMMERCIAL FAÇADE
PROGRAM
PROGRAM GUIDELINES &
APPLICATION
(August 2022)
Planning and Community Development Department
1600 W. Beverly Blvd.
Montebello, CA 90640
(323)887-1200 Ext. 454
ATTACHMENT D
2 SECTION I ‐ OVERVIEW OF PROGRAM
A. Purpose, Goal and Objective of Program
The purpose of the Commercial Façade Program (the “Program”) is to enhance economic opportunities in the City of Montebello (“City”). The Program will provide financial assistance in the form of a grant to commercial property and/or business owners to make facade improvements to commercial buildings located on Whittier Blvd, within Low to moderate income areas, within the boundaries identified in the downtown Specific Plan in the City.
The goals and objectives of the Program are as follows:
• Facilitate commercial revitalization and enhance the character in the targeted area • Preserve and beautify the Low to Moderate Income (LMI) Areas in the City • Create a pleasant walkable environment through improvements to the visual aesthetics of commercial building facades.
The underlying objective of the Program is to assist in restoring, substantially beautifying, and/or enhancing the entire façade of a commercial building.
B. Source of Funds
Funding for the Program will derive from the Community Development Block Grant (CDBG). The funding allocation for this Program is based on annual allocations provided by the U.S. Department of Housing and Urban Development (“HUD”). The Program is intended to support and provide opportunity to eligible property owners for improvements to the appearance of existing commercial buildings with grant funding up to a maximum amount of $10,000 per establishment.
The Program will only fund projects that significantly improve the visual appearance of the whole façade of the property from the street. Design and permit fees associated with the construction are also eligible projects costs.
C. Grant Matching Assistance
Funding assistance shall be available to eligible commercial property and/or business owners who meet the requirements for section I and II. The maximum grant award that will be awarded is $10,000. The applicant will be required to contribute 30 percent of personal funds towards the approved improvements of the building.
Grant funds may be used to pay for improvements of rehab work for the facade of a business. If the applicant withdraws his/her application for assistance or fails to implement the rehabilitation within 180 days after funds are used for payment of rehab services, the applicant shall be required to reimburse the City for all funds paid.
D. Program Requirements
Only properties located on Whittier Blvd. (with frontage along Whittier Blvd.), as shown below, are eligible to apply to the Program.
3 City of Montebello- Whittier Blvd. Commercial Façade Program Boundary
SECTION II – APPLICANT ELIGIBILITY REQUIREMENTS
A. Property Ownership
The applicant(s) must be either the current property owner(s) or the current business owner(s) (i.e. existing tenant) to be rehabilitated in order to be eligible for Program assistance. Business owner must obtain consent from current property owner. Individuals, partnerships, corporations, and other legal entities may apply for assistance. The existing grant deed must list all current owners of the property.
Property owner(s) shall be construed to be any person(s) or legal entity that holds title to the subject property. In the case of multiple ownership, the signature of each titleholder is required on all appropriate documents. The City will verify property ownership and require all persons currently on title to give written consent to all work proposed to be performed on the property prior to initiating such work.
If both the property owner and business owner (tenant) apply for participation in the Commercial Façade Improvement Program, the owner of the property will have priority over the business owner.
B. Program Limitations
If a building is occupied by one tenant occupant, the maximum number of applications is one per commercial façade.
4 C. Program Exclusions
The following businesses are not eligible to receive Program assistance: residential, residential rental buildings (apartments), unless connected to a mixed use building, home-based businesses, structures not facing the public right-of-way, banks, churches and other religious institutions.
D. Capacity
Property owners or current business owners must be of legal age and must have the capacity to enter into legal binding contracts.
E. Conflicts of Interest
No member of the City Council and any employee, official, or consultant who exercises any policy decision-making function about the program is eligible for program assistance.
SECTION III – PROPERTY ELIGIBILITY REQUIREMENTS
A. Eligible Commercial Properties
To be eligible for the Program assistance, the property to be rehabilitated must be located ON Whittier Blvd. in Montebello, within the Low to Moderate Income level Area, and meet the following requirements:
Commercial building must be dilapidated or blighted
Business must be located in a CDBG eligible census tract Business must serve low to moderate income clientele
Storefront must be visible from the street
Located on Whittier Blvd within Low to moderate area
B. Minimum Property Rehabilitation Standards
All work performed under the provisions of this Program shall meet all applicable standards contained in the City's adopted zoning ordinance, local building and safety codes. The City’s Municipal Code can be viewed on the City’s web site at: http://www.cityofmontebello.com C. Eligible Property Improvements
The City has determined that the program assistance may only be used for exterior rehabilitation items.
Such exterior improvements may include, but are not limited to:
• Exterior façade treatments (stucco, brick veneer, paint removal, etc.) • Awning, canopy, or other shade solution install
• Exterior painting of buildings visible from public right-of-way • Facade/brick cleaning
• Signage repair or replacement
5 • Exterior doors
• Window replacement
• Exterior lighting
• Landscaping related to exterior features
• Permanent exterior signage
The following improvements are ineligible under this program:
• Any improvements not visible from the public right-of-way or publicly owned space • Parking Lot resurfacing
• Nonvisible mechanical equipment screening
• Interior improvements/remodeling
• Temporary, portable, or non-permanent improvements
• New construction
• Business operations-related costs
• Property acquisition, debt refinancing, expansion of building area, or conversion of building use • Normal maintenance and repair
• HVAC repair/improvements
• Plumbing repairs/improvements
E. Design Restrictions
Only improvements made to the street-facing portion of the building are eligible. Improvements are not eligible if they are simply maintenance of the current façade.
Program assistance can also be used for Building and Health Code violations, seismic upgrades, and American with Disabilities Act (ADA) compliance requirements as identified by the City. Additionally, to participate in the Commercial Facade Improvement Program, all signage on the property to be rehabilitated must be brought up to conformance and maintained in conformance with the Sign Ordinance of the City.
SECTION IV ‐ PROGRAM PROCEDURES
A. Applicant Intake and Eligibility
1. Application and Required Documents
Applications are available at the Montebello City Hall or online at wwww.cityofmontebello.com. Each application must be completed in its entirety, signed and submitted with all required documents as listed in the application, including a grant deed, signed proof of ownership or lease agreement.
Applications will be reviewed in the order in which they were received. The City will maintain a waiting list for all prospective participants. Incomplete applications will not be processed.
2. Review of application
All complete applications will be date stamped when received and processed in that order. Applications will be subject to review by the Director of Planning & Community Development and the Housing Manager. Application may be subject to additional review when applicable. The City Staff will evaluate
6 the applications based on program’s scoring criteria. Incomplete applications will not be processed until all requested information is submitted.
A notification letter will be sent to applicants concerning the approval or denial of the Application.
Eligible applicants will be contacted to enter into an agreement with the City and schedule a property inspection.
3. Matching Funds
The applicant will be required to submit a certified check payable to the City of Montebello to cover his/her contribution. The check will be deposited in an account for the project.
B. Property Inspection
1. Initial Inspection:
A site visit will be arranged between the Planning & Community Development Department and the property owner and/or business owner to undertake an inspection of the building and to develop specifications for the Program. Staff will inspect the property to ensure that the building meets code requirements for the exterior of the building.
2. Follow-Up Inspection:
If City Staff finds code violations during the initial inspection, the property owner and/or applicant will be required to correct those violations before continuing in the Program process. A follow-up inspection will be arranged between City Staff and the property owner and/or business owner to ensure the property is up to code.
C. Contractor Selection
1. Procurement:
The City shall maintain a list of qualified contractors who have expressed interest in bidding on rehabilitation work and have been cleared by the State Contractors License Board and are not listed on the debarred, suspended or ineligible contractors list as per 24 CFR part 5. The City will coordinate with the property owner or business owner to obtain at least three (3) estimates from qualified contractors for each rehabilitation project. The property owner(s) or business owners shall be responsible for obtaining estimates for improvements. Estimates shall be submitted to the City in the prescribed form.
2. Selection
The applicant will make the final contractor selection from among three (3) qualified contractors who submit construction estimates. As required by HUD, the award of the contract will be awarded to the lowest responsive and responsible bidder. In case where the applicant desires to award the construction contract to an approved contractor other than the lowest responsible bidder, the City may set the amount of the award equal to the amount of the bid of the lowest responsible bidder. The applicant shall be responsible for any difference in the cost of construction.
3. Minimum limits of Insurance for Contractor
7 The Contractor shall, at its own expense, procure and maintain during the term of the contract each of the following:
General Liability
$1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Automobile Liability
$1,000,000 per accident for bodily injury and property damage.
Each policy of insurance shall:
Be issued by a financially responsible insura nce company or companies admitted and authorized to do business in the State of California or which is approved in writing by the City.
Name and list as additional insured the City, its officers and employees. Specify that such insurance acts as primary insurance. Contain a clause substantial ly in the following words: "It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days prior written notice to the City of Montebello such cancellation or material change."
4. Labor Compliance- Davis Bacon Requirements
In accordance with CDBG Program Entitlement Grant Regulations, Davis‐Bacon requirements apply to the rehabilitation of all commercial buildings and structures. All participating contractors must follow the requirements below:
The Contractor must comply with the prevailing wage rates as determined by the State of California. Pursuant to the provisions of Section 1–3 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general prevailing r ate for holiday and overtime work in this locality for each craft, classification or type of workman needed to execute this contract. These rates are available upon request. Contractor shall post a copy of such wage rates at the job site, and shall pay the adopted prevailing wage rates. The provisions of Section 1810 to 1815 of the Labor Code will be compiled with.
All mechanics and laborers employed or working upon the site of the work in the construction or development of the project, will be paid unc onditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations under Copeland Act 29 CFR Part 3), the full amount due at time of payment computed a s wage rates not less than those contained in the above determination, regarding of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. For the purpose of this clause, contributions made or cos t reasonably
8 anticipated under section 1 (b) (2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subjected to the provisions of 29 CFR 5.5. (a) (1) (iv). Also for the purpose of this clause , regular contributions made or cost incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
The Contractor shall not require nor permit any laborer or mechanic in any work week in which he is employed on such work to work in excess of eight (8) hours in any calendar day or in excess of forty (40) hours in such work week unless such laborer or mechanic compensation at a rate not less than one and one-half ( 1 ½) times basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or in excess of forty (40) hours in such week, as the case may be.
The Contractor shall submit weekly a copy of all certified payroll to the City. The copy shall be accompanied by a statement signed by the employer and his agent indication that the payroll are corrected and completed, that the wage rates contained therein are not less than those determined by the Direct or of the Department of Industrial Relationship and that the classification set forth for each laborer or merchant conforms with the work he performed. The prime contractor shall be responsible for the submission of copies of payroll of all subcontractors. The Contractor will make the records required under labor standards clauses of the Contractor available for inspection by authorized representatives of the City and Department of Labor, and will permit such representative to review employees during workin g hours on the job. Contractors employing apprentices or trainees under approved programs shall include a notation on the first weekly certificate payroll submitted to the contracting agencies that their employment is pursuant to an approved program and shall identify the program. Payroll and basic records relationship thereto will be maintained by the Contractor during the course of the work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the site of the work in the construction or development of the project.
The Contractor shall insert in any subcontracts the required of this section and also clause required any subcontractor to include these requirements in any lower tier subcontracts into which they may in turn be made.
5. Contractor Insurance/ License File
The City shall maintain a file for each contractor performing work pursuant to the terms and conditions of this program. The file shall include the following information:
Copies of the contractor's current liability and workers compensation insurance policies; Copies of the contractor's current California Contractor's License; All required Davis‐Bacon information and certifications; and Copy of contractor’s City Business License.
9 Any contractor with an expired General Liability and/or Workers Compensation insurance or a valid state contractor's license shall be removed from the job until he/she is able to provide proof of current insur ance and/or license. All contractors shall be required to obtain a City Business License prior to the issuance of a building permit.
6. Ineligible Contractors:
In accordance with CDBG guidelines, the City and the applicant(s) shall agree not to award any contract for rehabilitation work, to be paid for in whole or impart with proceeds from the Program, to any contractor who does not have a valid state contractor’s license, who cannot produce sufficient evidence of current Worker’s Compensation and Liability Insurance coverage, or who is on the federal Housing and Urban Development's (HUD's) Debarred Contractor list. All owner/builders, or any member of the applicant's family or extended family, are considered ineligible, regardless of credentials or license. Any ineligible contractor found working at the job site will be removed immediately, without compensation.
D. Award of Grant
1. Notification:
The City shall notify the selected contractor of the award of the grant award and shall establish date, time and place for the pre‐construction conference. The pre-construction conference will include City Staff, property/business owner(s) and contractor.
2. Agreement:
The contract, for the approved rehabilitation work shall be prepared by the City and shall be entered into between the property owner and the selected contractor.
3. Private Arrangements:
The City cautions the property/business owner and the contractor not to enter “side deals" for additional work or deviations from the approved scope of work.
4. Pre‐Construction Meeting:
Prior to construction, the City will arrange a pre-construction meeting which shall be attended by the contractor, the property/business owner(s), and representative City staff. The purpose of this meeting is to explain all applicable HUD requirement, explain all Program requirements and procedures, coordinate and schedule the work start date, and answer questions related to contract documents.
5. Start of Construction:
No work shall commence until a “Notice to Proceed” has been issued to the contractor, signed by the property/business owner(s) and the City. In addition, no work shall commence until all required permits have been issued by the City’s Building and Safety Division. The contractor shall contact the Planning & Community Development Department to obtain all requirements for plan submittal to obtain building permits for the City’s Building and Safety
10 Division. Plans will be reviewed by the City’s Building and Safety and Planning divisions. The contact information for the Development Services Department is as follows:
Planning and Community Development Department
1600 W. Beverly Blvd.
Montebello, CA 92870
Phone: (323)887-1200 Ext 454
Hours: Monday – Thursday, 7:30 a.m. – 5:30 p.m.
E. Contractor Payments:
1. Inspections
To ensure the integrity of the authorized work, the Housing Manager and or designated staff shall conduct site inspections prior to the issuance of progress payments and prepare detailed inspection reports which identify any deficiencies in a contractor's materials or workmanship. Only one (1) progress payment and the final payment will be processed. The Housing Manager shall make regular and/or unannounced inspections of work‐in‐progress to identify the quality of the work and assess owner satisfaction.
2. Payment Request Packages
The Contractor shall submit a progress payment request package to the City in the prescribed format:
All requests shall be signed by the contractor, property/business owner(s), and the Housing Manger, certifying that the work has been satisfactorily completed. All pertinent invoices, releases, certifications, list of subcontractors and material men, and copies of applicable permits shall be attached to the payment request. Final payment request shall also include the property owner's certification of acceptance, Building and Safety Department sign‐ off, and a Notice of Completion. Only one (1) progress payment request package shall be submitted to the City for approval.
Progress payments will be paid for 90% of the job costs. The final payment for the 10% retention shall be paid 30 days after the Notice of Completion has been recorded.
F. Applicant Complaint Resolution Process
Complaints concerning the Program should first be made to the Program Administrator (Housing Manager). If unresolved to the satisfaction of the applicant, an appeal may be made, in writing, to the Assistant Director of Community Development Department, 1600 W. Beverly Blvd. Montebello, CA 90640.
The City will contact the property owner and attempt to resolve the problem. A written response will be made within ten (10) working days. If the problem cannot be resolved, it will be presented to the Director of Community Development Department for review and consideration. The decision of the Director shall be final.
11 G. Applicant Responsibilities:
1. Property Maintenance
The property/business owner(s) is/are responsible for property maintenance during the rehabilitation work (contractor is responsible for keeping the property clean of all construction material). The property/business owner(s) is/are responsible for insuring that the rehabilitation work is not impeded because of their actions or the actions of their tenant(s). The City shall encourage the contractor and his/her employees to provide adequate pedestrian and property protection at the construction site.
2. Property Tax Bills
Current property tax bills for the subject property must be current. The property owner(s) is/are responsible for insuring that the property taxes are current. The City will verify that the property taxes for the property are current. If the property’s tax statement indicates a delinquency, at the time of the Program application, the City shall not proceed with grant processing until it is supplied with a Certificate of Redemption from the Los Angeles County Tax Assessor’s Office or other appropriate documentation of proof of payment.
3. Notice of Completion
The property/business owner(s) is/are responsible for scheduling a final job completed inspection with the City’s Building and Safety Division. The City will verify that the project received a passing final inspection. After all requirements have been met, the City will issue a Notice of Completion to the property/business owner(s).
SECTION VI: ADDITIONAL REQUIREMENTS
A. City of Montebello Business License
Applicants must have a current City of Montebello Business License to be eligible to apply for funding.
B. Fire and Flood Insurance Requirements
Applicants are obligated to carry sufficient fire insurance coverage on the subject property to be rehabilitated under the provisions of this Program. Prior to any grant assistance, minimum fire insurance coverage shall be provided in an amount which is equivalent to the value of the subject building or structure including the proposed rehabilitation improvements. Uninsured applicants must obtain coverage in the required amount prior to receiving grant assistance. Applicants in a "Flood Hazard Area" will be required to purchase flood hazard insurance.
C. Substitution of Contractor
In the event that the selected contractor shall fail or refuse to complete the work, in a professional and workman like manner, as set forth in the Rehabilitation Construction Contract, including its General Conditions and Standard Specifications, or fails to use due diligence in performing the required work, the applicant may terminate the Rehabilitation Construction Contract, upon providing a written notice to the City and Contractor. The City shall assist the applicant in completing the necessary termination document(s) as needed. No further rehabilitation is to commence until an agreement releasing the
12 original contractor from his/her contractual obligations, is on file with the City, and a new contract is signed between the substitute contractor and the property owner(s).
D. Non‐commencement by Original Contractor
The applicant shall notify the City in writing that the original selected contractor has failed to perform the rehabilitation work and the reason(s) why a substitution of contractor has been requested. The applicant(s) shall obtain additional bids from contractors willing to perform the rehabilitation work. A new Rehabilitation Construction Contract, Notice to proceed, and Waiver and Hold Harmless Agreement shall be prepared by the City and appropriately signed. The City shall inspect the job site and compile a list of incomplete or unacceptable items to determine the extent of work to be completed by the substitute contractor. A meeting shall be held between the City, the applicant(s) and the original contractor to establish an amount and method of payment for any work which has been completed in accordance with the agreement. Funds withheld from the original contractor shall be identified. Lien releases and invoices from the original contractor and subcontractor(s) shall be provided. The City shall prepare a revised work write‐up, based upon the inspection findings, which shall contain only those items necessary to complete the job. The applicant(s) shall obtain bids from contractors willing to perform such work, and to the extent possible, assure that the new contract does not exceed available grant funding. A new Rehabilitation Agreement and Notice to Proceed shall be prepared by the City and appropriately signed.
E. Maintenance Requirements
By accepting grant funds, the applicant (s)’ commits to properly maintain all improvements and to keep storefronts, as well as sides and back of buildings, clean and free of graffiti for a minimum of twenty (20) years at the property/business owner(s)’s expense. Any damage to the facade is to be repaired immediately by the applicant so that the building remains in good condition and positively contributes to the business area. On an ongoing basis, the applicant is required to touch-up painted areas and perform any other repairs needed to maintain building appearance including the annual cleaning of awnings (if applicable) at the property/business owner(s)’s expense .
SECTION VII – AMENDMENTS
Amendments to these guidelines may be made from time to time by the City. Vested authority shall be granted to the Director of Planning and Community Development Department or his/her designee to grant a minor waiver or make minor amendments to these guidelines, with the exception of Federal regulations.
I TEM #____
CI
TY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: H
onorable Mayor and Members of the City Council
FR
OM: René Bobadilla, City Manager
BY: M
ichael A. Solorza, Director of Finance
SU
BJECT: Introduction and First Reading of Ordinance No. 2452 Updating Montebello Municipal Code Chapter 2.16 – Director of Finance DAT
E: August 10, 2022
RECO
MMENDATIONS:
It
is recommended that City Council take the following actions:
1) Introduce and Conduct First Reading of Ordinance No. 2452 Amending Montebello Municipal Code Chapter 2.16.020 – Director of Finance, Powers and Duties; and
2) Tak
e such additional, related action(s) that may be desirable.
FI
SCAL IMPACT
Th
ere is no fiscal impact to this action updating the City’s Municipal C ode. The Department of Finance, through the City Manager provides regular budget, financial and treasury reports to the City Council and the public. The quantity and quality of these and other reports are sufficient to provide a clear and transparent picture of the City’s financial standing.
DIS
CUSSION
Th
e City’s Municipal Code contains a chapter which creates the office and describes the duties of the “Director of Finance.” As the head of the Finance Department, the Municipal Code (Chapter 2.16 et al) spells out various duties, responsibilities and reports which fall under the purview of the Director of Finance. (Chapter 2 of the Montebello Municipal Code [MMC], among other things , lays out the duties and responsibilities of the City Manager, City Council, code enforcement and various departments).
Rec
ently, there have been changes and improvements to the language used to describe the duties of the Director of Finance, as evidenced by other mu nicipalities’ similar code sections. Staff conducted research of more than a dozen other cities’ Director of Finance 10 CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Introduction and First Reading of Ordinance No. 24 52 Updating Montebello Municipal Code Chapter 2.16 – Director of Finance
code sections. Large and small cities’ municipal codes were studied (e.g., Alhambra, N
ewport Beach, Irvine, Paramount, La Palma, etc.) to determine how this position was described and what specific tasks, duties and reports were assigned to it for each city.
C
urrently, Montebello’s Chapter 2.16 includes only a brief description of the types of reports to be prepared and submitted for City Manager and City Council review (Chapter
2.16.020(E)):
Submit to the city council through the city manager a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the city; and, as of the end of each fiscal year, submit a complete financial statement and report;
The proposed ordinance amendment updates the types and scope of reports to better represent the actual reports currently being prepared for management and City Council review. Specifically, Chapter 2.16.020(E) would require monthly disbursement and payment reports (i.e., warrant register), monthly treasury reports, quarterly budget projections/reports, an annual financial statement (i.e., ACFR) that shows the exact financial condition at the close of the fiscal year, and other reports as requested by the City Manager (Attachment A).
C
urrently, the City Council receives a warrant register at each regular meeting (twice per month) which details disbursements/payments , and monthly and quarterly treasury reports as required by Government Code. In addition, quarterly budget reports are produced and presented at regular City Council meetings. Most importantly, the Finance Department produces an Annual Comprehensive Financial Report (ACFR) that fairly and accurately presents the City’s exact financial condition as of year -end (i.e., June 30). It should be noted that – due to the nature of municipal finances – the exact financial condition of a public agency can only be determined at the close of the fiscal year, when the financial statements are audited and an ACFR is produced within six months of fiscal year end.
T
his municipal code amendment will help clarify the types of reports produced by the Director of Finance to better reflect current practice – both locally in Montebello and reflecting what other cities in Los Angeles and Orange County prepare and produce.
S
UMMARY
T
hat the City Council adopt an ordinance amending Municipal Code Chapter 2.16 – Director of Finance to update the duties, responsibilities and reports produced to reflect current practice and best practice as determined by research into other cities’ munic ipal codes.
AT
TACHMENT
A. A
ttachment A – Ordinance No. 2452
ATTACHMENT A
ORDINANCE NO. 2452
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, AMENDING SECTION
2.16.020 OF CHAPTER 2.16 TO TITLE 2 OF THE
MONTEBELLO MUNICIPAL CODE UPDATING THE DUTY
OF DIRECTOR OF FINANCE TO PREPARE CERTAIN
FINANCIAL REPORTS
RECITALS
WHEREAS, the City of Montebello is a general law city under California Government Code Section 34102; and
WHEREAS, Article XI, Section 7 of the California Constitution provides that the City of Montebello (“City”) may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, the Finance Department is responsible for a broad range of activities, including management of revenue operations of the City, as well as accounting for the City’s major revenue streams, such as sales tax and property tax; and WHEREAS, the Finance Department is responsible for the overall administration of the City’s Accounts Payable, Payroll, Accounts Receivable, Information Technology and Purchasing Divisions; and
WHEREAS, the duties of the Director of Finance include, but are not limited to, compiling the budget expense and income estimates for the City Manager, maintaining a general accounting system for the City government and each of its officers, departments and agencies, supervise the keeping of current inventories of all City property and to supervise and be responsible for the disbursement of all moneys and audit of all expenditures; and
WHEREAS, the Director of Finance also has a duty to prepare and present to the City Council through the City Manager certain financial reports; and WHEREAS, the City Council desires to amend the Montebello Municipal Code to establish a general schedule for, and to specify the types of, financial reports to be prepared by the Director of Finance and presented to the City Council through the City Manager.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO , CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council for the City of Montebello finds and declares the foregoing are true and correct, and incorporates said recitals fully into this Ordinance as substantive findings.
ORDINANCE NO. 2452
SECTION 2. Section 2.16.020 “Powers and Duties” of Chapter 2.16 “Director of Finance” is hereby amended to read as follows (deletions in strikethrough and additions in double underline)::
Chapter 2.16 – DIRECTOR OF FINANCE
2.16.010 Office Established
2.16.020 Powers and Duties
2.16.010 Office Established
There is created and established the office of director of finance, sometimes referred to in this code as "finance officer." The office of director of finance may be combined with any other office or position not inconsistent therewith.
2.16.020 Powers and Duties
The director of finance shall be the head of the finance department of the city, and shall have the power and shall be required to:
A. Have charge of the administration of the financial affairs of the city under the direction of the city manager;
B. Compile the budget expense and income estimates for the city manager; C. Maintain a general accounting system for the city government and each of its officers, departments and agencies;
D. Supervise and be responsible for the disbursement of all moneys and audit of all expenditures to insure that budget appropriations are not exceeded; audit all purchase orders before issuance; to insure that sufficient funds are appropriated and available; audit and approve before payment all bills, invoices, payrolls, demands or charges against the city government and with the advice of the city attorney, when necessary determine the regularity, legality and correctness of such claims, demands or charges; prepare and submit to the city council periodically a register of audited demands with his/her affidavit attached thereto as provided in Section 37202 of the Government Code; E. Submit to the city council through the city manager the following reports: a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the city; and, as of the end of each fiscal year, submit a complete financial statement and report;
i. Monthly reports of disbursements and payments (i.e., warrant register) and required Treasury reports of the city; and ii. Quarterly budget projections; and
iii. One annual comprehensive financial statement and report of the exact financial condition of the city at the close of the fiscal year; and ORDINANCE NO. 2452
iv. Such other financial reports as may be requested by the city manager or required by law.
F. Supervise the keeping of current inventories of all property of the city by all city departments, offices and agencies;
G. Perform all the financial and accounting duties heretofore imposed upon the city clerk, and the city clerk shall be relieved of such duties including all such duties imposed upon the city clerk by Section 40802 through 40805 of the Government Code of the state.
H. Perform such other duties as may be imposed upon him/her by law or by this code.
SECTION 4. If any part of this Ordinance, or its application to any individual, entity, or circumstance, is held to be invalid, the remainder of the Ordinance, including the application of provisions to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable.
SECTION 5. This Ordinance shall become effective thirty (30) days after adoption.
SECTION 6. The City Clerk shall certify to the adoption of this Ordinance causing it to be posted as required by law.
APPROVED AND ADOPTED 24th day of August 2022.
_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST:
________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
__________________________
Arnold M. Alvarez-Glasman, City Attorney
ORDINANCE NO. 2452
I HEREBY CERTIFY that the foregoing Ordinance was introduced at the regular meeting of the City Council on the 10th day of August 2022, and was adopted by the City Council of the City of Montebello at its meeting held on the 24th day of August 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
Christopher Jimenez, City Clerk
ITEM #____
C
ITY OF MONTEBELLO
CI
TY COUNCIL AGENDA STAFF REPORT
TO
: Honorable Mayor and City Council Members
F
ROM: Arnold M. Alvarez-Glasman, City Attorney
S
UBJECT: Consideration of Third Amendment to Employment Agreement for René Bobadilla as City Manager
D
ATE: August 10, 2022
RECOMMENDATIONS:
I
t is recommended that the City Council:
1) A
pprove the attached Third Amendment to the Employment Agreement between the City of Montebello and René Bobadilla as City Manager; and 2) A
uthorize the payment of a one-time performance compensation; and 3) T
ake such additional, related, action that may be desirable.
FI
SCAL IMPACT
T
he action taken by the City Council will result in a one-time payment from the City to Mr.
Bobadilla.
B
ACKGROUND
O
n July 29, 2019, the City of Montebello hired René Bobadilla to serve as City Manager.
In addition to the terms expressed in the original Employment Agreement, the City Council approved amendment to those terms as approved in the First and Second Amendment.
This Third Amendment will clarify the terms of employment for Mr. Bobadilla.
DI
SCUSSION
W
ith the addition of two council members to the City Council, for a temporary basis, it is necessary to clarify the number of votes for purposes of termination during the 2- year temporary period. During the period of time when there are seven (7) members serving 11 CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Consideration of Third Amendment to Employment Agreement for René Bobadilla as City Manager
on the City Council, it will require six (6) affirmative votes of the 7 members of the City Council (abstentions will not be counted as an affirmative vote for termination and if there less than 7 members then seated on the City Council, it will require an unanimous vote to terminate). When there are five (5) members serving on the City Council, it will require an affirmative vote of 4 members of the City Council (abstentions will not be counted as an affirmative vote for termination and if there less than 5 members then seated on the City Council, it will require an unanimous vote to terminate) . This language has been added to the Third Amendment.
In addition, certain commitments are included to establis h the operational norms for the City Council and City Manager.
Lastly, the term of the Agreement will remain at five (5) years commencing August 10, 2022.
SUMMARY
It is recommended the City Council approve the Third Amendment and further approve a one-time performance compensation in the amount of $10,000.
ATTACHMENTS:
A. Attachment A – Third Amendment to Employment Agreement
ATTACHMENT A
AGREEMENT NO. 3627
THIRD AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN
RENÉ BOBADILLA AND THE CITY OF MONTEBELLO
This THIRD AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN
RENÉ BOBADILLA AND THE CITY OF MONTEBELLO (“Third Amendment”) is entered into on the 10 th day of August , 2022, by and between the CITY OF MONTEBELLO, a Municipal Corporation, hereinafter referred to as “City” and REN É BOBADILLA, hereinafter referred to as “Bobadilla,” amending certain terms of employment as provided in the EMPLOYMENT AGREEME NT BETWEEN RENÉ BOBADILLA AND THE CITY OF MONTEBELLO (“Agreement”) effective Ju ly 29, 2019, as amended by the FIRST AMENDMENT (“First Amendment ”), effective June 24, 2020 and SECOND AMENDMENT (“Second Amendment”), effective June 9, 2021.
I. RECITALS
A. Effective July 29, 2019, City and Bobadilla entered into an Employment Agreement whereby Bobadilla was appointed to the position of City Manager and to exercise the powers and duties set forth in Chapter 2.04 of the Montebello Municipal Code. The Agreement was am ended by the First Amendment, effective June 24, 2020, and the Second Amendment, effective June 9, 2021.
B. Effective August 10, 2022, City and Bobadilla agree to the terms of this Third Amendment to the Agreement which modifies essential terms of employment.
C. All terms and conditions of employment contained in the Agreement , the First Amendment and Second Amendment, not specifically amended by this Third Amendment shall remain in full force and effect.
NOW, THEREFORE, City and Bobadilla agree as follows:
Third Amendment to Employment Agreement for Rene Bobadilla 08102022 2 II. AMENDMENTS TO AGREEMENT
The following Sections to the Agreement are amended to read as follows:
(a) Section I of the Agreement is amended as follows:
I. Term of this Agreement
This Third Agreement provides for the continued relationship of the City and Bobadilla for a term consisting of a five (5) year period (“Term”), beginning August 10 , 2022, and continuing to August 9 , 2027, unless Bobadilla earlier resigns his position as set forth in Section IV or is terminated as set forth in Sections V and VI. N othing contained in this Agreement shall limit the Parties from extending the Term for additional periods (“Extended Term”), subject to terms and conditions negotiated and approved in writing by and between the Parties. The Term and any Extended Term shal l be collectively be referred to as the “Term” of this Agreement.
[All other language from Section I from Agreement remains unchanged.]
(b) Section VI of the Agreement is amended as follows:
VI. At-Will Employment and Severance
Bobadilla acknowledges and acc epts that he may be terminated without cause at any time and he serves as an at -will employee. Notwithstanding the language contained in Montebello Municipal Code Section 2.04.060, City agrees that in order to terminate Bobadilla pursuant to this Section VI of this Agreement . During the period of time when there are seven (7) members serving on the City Council, it will require six (6) affirmative vote of the 7 members of the City Council (abstentions will not be counted as an affirmative vote for termination and if there less than 7 members then seated on the City Council, it will require an unanimous vote to terminate). When there are five (5) members serving on the City Council, it will require an affirmative vote of 4 members of the City Council (abste ntions will not be counted as an affirmative vote for termination and if there less than 5 members then seated on the City Council, it will require an unanimous vote to terminate). In the event Bobadilla is terminated from his position by City Council before expiration of the Initial Term or if extended, the Extended Term, and he is willing and able to continue performing his duties as City Manager, then City agrees to pay Bobadilla as severance his B ase Salary, including benefits, which Bobadilla is receiving as of the date of such termination, (“Severance Benefit”) for a period as defined as follows:
A. If terminated as set forth in this Section VI , Bobadilla shall receive the sum equal to the Severance Benefit times eighteen (18) months.
[All other language from Section VI from Agreement remains unchanged.]
Third Amendment to Employment Agreement for Rene Bobadilla 08102022 3 (c) Section XVI of the Agreement is amended to add paragraph D as follows:
D. I
n addition to such other operational terms and conditions of employment or other ordinances or resolutions adopted by the City, the parties agree to adhere the commitments defined in Attachment “A” to the Third Amendment. Such operational commitments are incorporated herein as other terms and conditions of employment to this Agreement.
I
N WITNESS WHEREOF, the City o f Montebello (CITY) has caused this Third Amendment to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, and René Bobadilla ( BOBADILLA) has signed and executed this THIRD AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN RENÉ BOBADILLA AND THE CITY OF MONTEBELLO, in triplicate, the day and year first written above.
R
ENÉ BOBADILLA CITY OF MONTEBELLO
_____________________________
____________________________
René Bobadilla Kimberly Cobos-Cawthorne, Mayor
A
TTEST APPROVED AS TO FORM
___________________________
____________________________
Christopher Jimenez, City Clerk Arnold M. Alvarez -Glasman, City Attorney
Third Amendment to Employment Agreement for Rene Bobadilla 08102022 4 CI
TY COUNCIL AND CITY MANAGER COMMITMENTS
C
ity Council Commitments
1. The City Council sets policy for the governance and administration of the City, and it implements its policies through the City Manager.
2. E
xcept for the purpose of inquiry, the City Council and its members shall deal with all subordinate City employees and officers solely through the City Manager or the City Manager's designee, and neither the City Council nor any member thereof shall give orders to any subordinate of the City Manager, either publicly or privately.
3. E
xcept for the purpose of inquiry, the City Council and its members sh all deal with all contractors and consultants solely through the City Manager or the City Manager’s designee, and neither the City Council nor any member thereof shall give orders to any contracted third party of the City, either publicly or privately.
4. T he
City Council agrees none of its individual members will order the appointment or removal of any person to any office or employment under the supervision and control of the City Manager.
5. T
he City Council agrees to proactively create and maintain a respectful, safe and comfortable workplace, free of harassment, retaliation or discrimination, where individual differences are welcomed and valued.
6. T
he City Council agrees that any criticism of a City staff member, including the City Manager, shall not be done publicly through any communication medium, both virtually and physically, but shall be done privately through the City Manager.
7. T
he City Council agrees that all communication, both written and oral, with the City Manager and all subordinate employees, shall be done with respect and dignity to promote an environment of civility and professionalism.
8. N
either the City Council nor any of its members shall interfere with the execution of the powers and duties of the City Manager. The City Manager shall take orders and instructions from the City Council in accordance with the Montebello Municipal Code 2.04.
Mutual Commitments
1. ICMA Code of Ethics
a. The Parties acknowledge that the City Manager is committed to the ideals of the International City/County Management Association ("ICMA"). The
Third Amendment to Employment Agreement for Rene Bobadilla 08102022 5 Parties mutually desire that the City Manager be subject to and comply with the ICMA Code of Ethics.
b. T
he City Manager commits to comply with the ICMA Code of Ethics. c. T
he City and the City Council agree that neither the City Council nor any of its members will give the City Manager any order, direction, or request that would require the City Manager to violate the ICMA Code of Ethics.
ITEM #____
CI
TY OF MONTEBELLO
CIT
Y COUNCIL AGENDA STAFF REPORT
TO: H
onorable Mayor and City Council Members
FR
OM: René Bobadilla, P.E., City Manager
BY: J
ames Enriquez, Director of Public Works / City Engineer SUBJ
ECT: Award of Construction Contract No. 4021 – Annual Slurry Seal Project, Fiscal Year 2022-23 (C.P. No. 892)
DAT
E: August 10, 2022
RECOMMENDATIONS:
It
is recommended that the City Council:
1) Aw
ard a construction contract for th e Annual Slurry Seal Project – Fiscal Year 2022-23 (CP 892) in the amount of $399,920 to Doug Martin Contracting Company, Inc.; and
2) Aut
horize the Director of Public Works to review and approve change orders within a 15% contingency of the contract amount as recommended by the City Engineer; and 3) Am
end the Fiscal Year 2022-23 budget by increasing appropriations by $300,000 in Account No. 200- 99-7116 (Gas Tax, Improvements Other Than Building); and $100,000 in Account No.222- 99-7116 (Measure M, Improvements Other Than Building); and
4) Aut
horize the City Manager to execute the Contract Agreement, on behalf of the City; and
5) Tak
e such additional, related, action that may be desirable.
FISCAL IMPACTS
The recommended actions will make the necessary budgetary adjustments so that the Fiscal Year 2022- 23 Capital Improvement Project (CIP) Budget includes a total of $810,000 in appropriations for this project, with the following amounts in the following funds: 1) $300,000 carryover of Gas Tax appropriations from FY 2021- 22 (CP 892); 2) $100,000 carryover of Measure M appropriations from FY 2021- 22 (CP 892) ; 3) $250,000 Measure M (new 12 CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Award of Construction Contract No. 4021 – Annual Slurry Seal Project, Fiscal Year 2022- 23 (C.P. No. 892)
appropriations) from FY 2022-23 (CP 904); and 4) $160,000 Measure R (new appropriations) from FY 2022-23 (CP 904).
The carryover of unspent appropriations from Fiscal Year 2021-22 requires amending the FY 2022-23 budget by increasing Gas Tax by $300,000 (Account No. 200- 99-7116) and Measure M by $100,000 (Account No. 222- 99-7116). It is common with CIP budgets that appropriations made in prior years may not be utilized due to project timing. In this case CP 892 has unspent budget totaling $400,000 from FY 2021-22.
In addition, CP 904 was approved as part of the FY 2022- 23 adopted CIP budget. In order to pull toget her sufficient funding, the $410,000 in approved funding from CP 904 will be combined with the $400,000 from CP 892 to provide a total funding appropriation of $810,000 available for this slurry seal project. Staff will make the necessary adjustments to project budgets to account for the total amount of funding in one single CIP (i.e., CP 892).
The Total Project Budget is estimated at $560,000, including soft costs and 15% construction contingency. Should there be unspent budgeted funds once the project is completed, they will be re-programmed for use by other capital projects.
BACKGROUND
The project consists of the application of asphalt emulsion slurry seal type II on various streets (See Location Map, Attachment C), a maintenance treatment that prolongs the life of the asphalt, including crack sealing. Also, the project includes repairing localized damaged areas of street pavement prior to slurry application by removing and grinding 2" AC pavement, and at other locations removing and replacing full depth AC plus 1", and restoration of traffic striping markings, pavement markings, and curb painting.
On June 22, 2022, the City Council approved the plans and specifications and authorized the Public Works Department to advertise the project for public bidding.
The Notice Inviting Bids was published on June 30, 2022, in the local newspaper and the Green Sheet. The notice, plans and specifications will be posted on Planet Bids thru the City of Montebello’s Website.
On July 28, 2022 at 11:00 AM, five (5) bids were received and opened publicly, as follows:
Doug Martin Contracting Company $399,920
Pavement Coating Co. $474,505
Roy Allan Slurry Seal, Inc. $483,185
American Asphalt South, Inc. $487,481
All American Asphalt $590,125
CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Award of Construction Contract No. 4021 – Annual Slurry Seal Project, Fiscal Year 2022- 23 (C.P. No. 892)
The bids were analyzed and it was determined that Doug Martin Contracting Company was t
he lowest responsive and responsible bidder. Award of a construction contract to Doug Martin Contracting Company in the amount of $399,920 is recommended.
T
he anticipated project schedule is as follows:
• A
ward of Contract August 10, 2022
• Start Construction September 2022
• Complete Construction November 2022
C
onstruction management and inspection will be performed by City Engineering staff.
ANALYSIS
T
he total amount allocated for this project utilizing Fiscal Year 2021- 22 and 2022-23 CIP Budgets is $810,000. A Summary of the projected cost is as follows:
$
399,920 Construction Low Bid
$ 59, 988 Contingency (15%)
$ 459 ,908 Total
O
nce the project is completed, any remaining unspent appropriations will be available for programming for other CIP projects.
ENVIRONMENTAL
O
n June 22, 2022, the City Council found the project categorically exempt under Class 1(c) for existing facilities pursuant to the State Guidelines for Implementation of the California Environmental Quality Act (CEQA) and approved the filling of the Notice of Exemption.
SUMMARY
U
pon approval of the recommended actions, staff will execute the contract agreement with Doug Martin Contracting Company and coordinate the completion of the Project. In addition, the recommended actions will amend the FY 2022- 23 budget by increasing appropriations by $300,000 in Account No. 200- 99-7116 (Gas Tax, Improvements Other Than Buildin g); and $100,000 in Account No.222-99-7116 (Measure M, Improvements Other Than Building), with Staff completing the necessary budget adjustments to place all available funding on the proper CIP project account.
ATTACHMENTS:
A. A
ttachment A – Bid Summary
B. Attachment B – Construction Contract Agreement No. 4021 C. Attachment C – Location Map
ITEM
No. BID ITEM
QTY UNITS BID
PRICE
TOTAL
AMT
BID
PRICE
TOTAL
AMT
BID
PRICE
TOTAL
AMT
BID
PRICE
TOTAL
AMT
BID
PRICE
TOTAL
AMT
1 Mobilization/Demobilization (Not to exceed 5%
of total of all other prime Contract Bid items)
LS 1 $11,850.00 $11,850.00 $23,000.00 $23,000.00 $20,000.00 $20,000.00 $10,000.00 $10,000.00 $29,000.00 $29,000.00 2 Traffic Control LS 1 $33,165.00 $33,165.00 $23,000.00 $23,000.00 $34,000.00 $34,000.00 $15,000.00 $15,000.00 $25,000.00 $25,000.00 3 Construction Quick Set Emulsion Aggregate Slurry
Type II (Cationic) with 2 1/2 percent Latex
Additive.
ELT 755 $254.63 $192,245.65 $291.00 $219,705.00 $367.94 $277,794.70 $353.75 $267,081.25 $375.00 $283,125.00 4 Install Crack Seal LS 1 $40,580.00 $40,580.00 $92,000.00 $92,000.00 $32,688.00 $32,688.00 $69,000.00 $69,000.00 $105,000.00 $105,000.00 5 Repair Damaged Areas of Street Pavement on
Various Locations (remove or grid 2" Cold Mill/2"
AC Fill).
SF 2000 $8.11 $16,220.00 $8.80 $17,600.00 $8.80 $17,600.00 $6.00 $12,000.00 $9.00 $18,000.00 6 Sawcut, Remove and Replace AC Pavement on
Various Locations full depth plus 1" C2-PG64-10
TON 200 $366.00 $73,200.00 $396.00 $79,200.00 $400.00 $80,000.00 $402.00 $80,400.00 $400.00 $80,000.00 7 Traffic Striping, Marking and Curb Painting LS 1 $32,659.00 $32,659.00 $20,000.00 $20,000.00 $21,102.00 $21,102.00 $34,000.00 $34,000.00 $50,000.00 $50,000.00 $399,919.65 $474,505.00 $483,184.70 $487,481.25 $590,125.00TOTAL BASE BID Bidder No1 Bidder No.2 Bidder No.3 Bidder No.4 Bidder No.5City of Montebello Department of Public Works
1600 W. Beverly Boulevard
Montebello, CA 90640
Doug Martin Contracting
Company, Inc Pavement Coating Co. Roy Allan Slurry Seal, Inc. American Asphalt South, Inc All American Asphalt
BID SUMMARY
SLURRY SEAL PROJECT
FY2022/2023
C.P. NO. 892
August 01, 2022
ATTACHMENT A
ATTACHMENT B
CITY OF MONTEBELLO
STANDARD PUBLIC WORKS AGREEMENT NO. 4021
THIS STANDARD PUBLIC WORKS AGREEMENT (“AGREEMENT”) is made and entered into on August 1 0, 2022 (“Effective Date”) by and between the CITY OF MONTEBELLO, a California m unicipal corpo ration (the “CITY”) and DOUG MARTIN CONTRACTING COMPANY , a California corporation (“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 re tain a qualified professional contractor to provide work cons isting of the Annual Slurry Seal Project Fiscal Year 2022 -23 to the CITY (C.P. #892) (“PROJECT”); and
WHEREAS, on August 1 0, 2022, the City Council accepted the bid of CONTRACTOR as the lowest responsible, responsive bid received and directed that a written contract be entered into with CONTRACTOR for the PROJECT; and
WHEREAS, CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience and the traini ng, 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 the Notice Inviting Sealed Bids, the Instructions to Bidde rs, Bidders Proposal, Add endums, CONTRACTOR’s Bid for the PROJECT , Scope of Work, g eneral specifications and all referenced specifications, details, standard drawings, and appendices, together with this Agreement and all required bonds, and insurance certi ficates. 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 August 1, 2022 electronic bid
STANDARD PUBLIC WORKS AGREEMENT NO. 4021
3. Standard drawings
4. Details
5. Special provisions, if any
7. General specifications and all referenced specifications
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 s et forth in the CONTRACT DOCUMENTS.
SECTION 3. TERM; AND TIME FOR COMPLETION
a. The work shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY . Work for the PROJECT shall be completed within thirty-five (35) working days from the issuance of the Notice to Proceed. This Agreement shall expire six (6 ) months from the Effective Date, unless terminated earlier as hereinafter provided.
This Agreement may be extended for a maximum additional six (6) months 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 Two Million Three Hundred Ninety-nine Thousand Nine Hundred Twenty Dollars ($399,920), which is based on performing all of the work shown on Bidde rs 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 pro gress 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, t he CITY shall process the payment request in accordance with Public Contract Code Section 20104.5 0. 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 STANDARD PUBLIC WORKS AGREEMENT NO. 4021
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 req uest. 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 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 specificall y 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 a n 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
STANDARD PUBLIC WORKS AGREEMENT NO. 4021
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.
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 mate rially 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 an d 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 comp letion 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 Class A or Class C-12 for the performance of the Project.
8.2. Ineligible CONTRACTOR Prohibited.
STANDARD PUBLIC WORKS AGREEMENT NO. 4021
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.
This P ROJECT is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime CONTRACTOR or SUBCONTRACTOR may be awarded a n 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 Cartwrig ht 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.
STANDARD PUBLIC WORKS AGREEMENT NO. 4021
CONTRACTOR acknowledges that under California Labor C ode 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 ea ch 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 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 ever y 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.
STANDARD PUBLIC WORKS AGREEMENT NO. 4021
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.
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 o f 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, reckles s 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 invo lved, 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
STANDARD PUBLIC WORKS AGREEMENT NO. 4021
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 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 pursu ant 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, agen ts, 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 ren ewals, 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 CI TY 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 po licy. 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 determi nation 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 STANDARD PUBLIC WORKS AGREEMENT NO. 4021
its sureties shall be liable to the CONTRACTOR for the sum of two hundred and fifty dollars $250.00 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
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 d efined 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 disput ed 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, a 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 te rminate 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 o f termination. CONTRACTOR shall promptly submit its termination claim to the STANDARD PUBLIC WORKS AGREEMENT NO. 4021
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.
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 t he 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 PROC URE 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, an d 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 sa id 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 lettin g 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 c harge 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.
STANDARD PUBLIC WORKS AGREEMENT NO. 4021
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 Completio n with the office of the Los Angeles County Recorder; and, after thirty -five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to SEC. 4 hereof; provided there have bee n 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 d efend 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
STANDARD PUBLIC WORKS AGREEMENT NO. 4021
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, employe es 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 de emed served when delivered via e -mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business 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: Dan Martin Contracting Company
Attn: _________________
_____________________
_____________________
_____________________
An electronic communication (“ Electronic Notice ”) shall be deemed written not ice 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
STANDARD PUBLIC WORKS AGREEMENT NO. 4021
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
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. [SIGNATURE PAGE TO FOLLOW]
STANDARD PUBLIC WORKS AGREEMENT NO. 4021
IN WITNESS WHEREOF the parties her eto 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
DAN MARTIN CONTRACTING
COMPANY
(“CONTRACTOR”)
By:
________________________________
Date: _______
EXHIBITS:
Exhibit A – Insurance Requirements
Exhibit B – Performance Bond
Exhibit C – Labor and Materials Payment Bond
Exhibit D – Warranty Bond
ATTACHMENT B
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 aggr egate 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 l imited 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 an d 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 dire ctly 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 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 additio nal 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 re sponsibility 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 i nsurance 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 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 requi re complete, certified copies of all required insurance policies, at any time.
(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 Pri ncipal, 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 Principa l 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 condi tion 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, cond itions, 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, the re 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 stipul ates 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
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 –
(Proof of signature authorization or power of attorney must be attached)
APPROVED AS TO FORM:
_________________________
City Attorney
(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 a n 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 fro m 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 i s brought upon this bond, a reasonable attorney's
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 imp rovement 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 a greement, 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 an d 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--
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
(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 bo nd 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 in tent 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 oblig ation 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 taxe d 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
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 sig n 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 nam e 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
Slurry Seal
0.6mi
ATTACHMENT C
Street Name From To ELT
3rd St Mines Ave End 30
5th St Frankel Av Washington BLVD 16
Appian Way N Vail Ave Via Napoli 17
Appian Way Via Napoli Via Napoli 21
Ashiya Rd Savannah St End 21
Avenida De La Merced Lincoln Ave San Angelo Ave 12
Boston Ave Villa St Vera Cruz St 7
Bunker Hill Ave Madero St N Iguala St 20
Carmelita Ave Greenwood Ave Montebello BLVD 24
S 6th St Beach St Mines Ave 35
Las Flores Ave Los Amigos Ave Avenida De La Merced 15
Liberty Ave Villa St N Montebello Blvd 16
Liberty Ave N Iguala St Villa St 6
Loma Rd End End 34
Madero St Yorktown Ave Bunker Hill Ave 8
Messina Via Palermo Via Napoli 4
Milano Vail Ave End 7
N 10th St W BEVERLY BLVDW Cleveland Av 42
N 16th St W MADISON AV Harding Av 14
N Iguala St Yorktown Ave W Liberty Ave 32
Orah Ave End Plaza Libre 11
Plaza Libre N Concourse AvePlaza Libre N 4
Plaza Libre N Plaza Libre Hay St 6
Plaza Libre N Hay St Orah Ave 3
Plaza Libre S Plaza Libre N Hay St 6
PLZ LIBRE S N HAY ST ORAH AV 7
POPLAR AV W LOS AMIGOS AVW BURKE DR 5
POPLAR AV W BURKE DR END 1
Revere Ave End Vera Cruz St 10
Rio Blanco St W Liberty Ave End 19
S 5th St Hughes Av Beach St 18
S Beverly Ter N Montebello BLVDN Spruce St 8
Salerno Via Roma End 3
Savannah St Ashiya Rd Rio Blanco St 4
SIMMONS AV VIA SAN DELARRODEWAR AV 27
SIMMONS AV Via Campo DEWAR AV 16
Tola St Montebello BLVDEnd 9
Torino Appian Way End 3
Via La Cienega San Angelo Ave Rio Del Sol Ave 8
VIA LUNETO N HAY ST VIA CORONA 6
VIA LUNETO W MADISON AV N HAY ST 18
Via Napoli Appian Way Appian Way 23
Via Palermo Messina End 9
Via Palermo Via Napoli Messina 25
Via Roma End Appian Way 34
VIA VAL VERDE W BEVERLY BLVDW LINCOLN AV 29
Villa St Liberty Ave Boston Ave 4
Villa St Liberty Ave Ashiya Rd 8
W Suffolk Ave N Iguala St Vera Cruz St 18
Yorktown Ave Madero St End 31
IT EM #____
CI
TY OF MONTEBELLO
CIT
Y COUNCIL AGENDA STAFF REPORT
TO: H
onorable Mayor and City Council Members
FR
OM: René Bobadilla, P.E., City Manager
BY: P
aul Espinosa, Chief of Police
SUBJ
ECT: Approve an Agreement to Provide School Resource Officers (“SRO”) to the Montebello Unified School District (“MUSD”)
DAT
E: August 10, 2022
RECOMMENDATIONS:
It is recommended that the City Council:
1) Appr
ove an agreement to provide School Resource Officer s ( “SRO”) to the Montebello Unified School District (“MUSD”); and
2) Tak
e such additional, and related, action that may be desirable.
FISCAL IMPACT
Th
e City will be fully reimbursed for the provision of two School Resource Officers (SRO) for a total of 180 days, with each work day being nine (9) hours. Based on current salary ranges and benefit loads, and using the overtime calculation of one and a half times the base rate, the total cost for the two SROs would be $429,203. The agreement between the City and MUSD stipulates that the City will invoice the district monthly for the actual costs incurred, with the District remitting payment within thirty (30) days.
Th
e reimbursement will be recorded as revenue to the General Fund, increasi ng Fiscal Year 2022-23 forecasted revenue by as much as $429,203. Staff will monitor overtime expenses in the Police Department budget and make adjustments as necessary. The intent of this Agreement and the not-to-exceed reimbursement amount is intended to be cost neutral to the City.
13 CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Approve an Agreement to Provide School Resource Officers (“SRO”) to the Montebello Unified School District (MUSD)
BACKGROUND
The Montebello Unified School District (“MUSD”) is requesting the assistance of the City for their School Resource Officer Program (SRO) on a limited bases. MUSD agrees to contract with the City for services for two (2) School Resource Officers. Services under this agreement shall mean those included in the agreement (Attachment A).
ANALYSIS
As full compensation for City’s Services provided under this Agreement, MUSD shall pay a sum not -to-exceed four hundred twenty nine thousand two hundred three dollars ($429,203) (the “maximum compensation”), based on the overtime rate of the SRO(s) established by City, for the 180 day period, at nine (9) hours per day . The maximum compensation includes all expenses for the services of the SRO ’s who will serve the MUSD for the term of this Agreement. The costing was done to include the hourly rate plus benefits, also known as a “fully burdened rate.” Furthermore, given the type of assignment, the costing was done at the overtime rate – one and a half times the hourly rate used.
The proposed program will begin August 14, 2022 and remai n in effect until June 30, 2023.
SUMMARY
Staff recommends that the City Council approve an agreement with the Montebello Unified School District and the City to establish a SRO program, and direct staff to take such additional and related, action that may be desirable.
ATTACHMENTS:
A. Attachment A – School Resources Officer (“SRO”) Agreement B. Attachment B – MUSD 2022-2023 School Calendar
For MUSD Office Use only
Control:
Site:
Program:
Account:
MEMORANDUM OF UNDERSTANDING BETWEEN
MONTEBELLO UNIFIED SCHOOL DISTRICT
AND
THE CITY OF MONTEBELLO
This Professional Services Memorandum of Understanding (the “Agreement”) is made and entered into by and between the Montebello Unified School District, a local education agency(“District”) and, the City of Montebello, a municipal corporation, hereinafter referred to as the “City.” District and City are also referred to individually as “Party,” and collectively as “Parties.”
RECITALS
1. The District is in need of special services and advice in the School Resource Officer Program (“Services”), which are described in Section 2 and provided in detail in Attachment A.
2. The City employs persons who are specially trained, experienced and competent to provide the Services required.
3. S uch Services are needed by the District on a limited basis.
4. The City is willing to provide Services to the District on the terms hereinafter provided,
5. All l egal prerequisites to the making of this Agreement have occurred.
In consideration of the following terms and conditions, the Parties agree as follows:
AGREEMENT
1. T
erm: The District hereby engages the City, commencing August 14, 2022 to perform the Services through June 30, 2023 (180 days) unless terminated on an earlier date pursuant to Section 8 of this Agreement.
2. De
scription of Service(s): District agrees to contract with City for services of a School Resource Officer (“SRO”). Services under this Agreement shall mean those included in Attachment A, Scope of Services, such as activities such as working with District administration to investigate and resolve potential crimes, providing supervision at afternoon activities, visiting classrooms to discuss juvenile and law enforcement issues, ensuring that unauthorized personnel are kept off school grounds, and such other tasks mutually agreed upon by District and City provided that the SRO shall not be required to perform such tasks or activities beyond the authority vested by applicable law.
The District, pursuant to the authority set forth in the California Education Code, has the primary duty to address student discipline, issue appropriate consequences, provide appropriate student
ATTACHMENT A
support, and/or provide referrals to law enforcement/ probation on criminal matters as required by law.
City agrees to assign two (2) full-time SROs to provide Services under this Agreement at the following schools in the District, in the amount indicated:
One (1) at Montebello High School
One (1) at Schurr High School
The SRO’s provided by the City will be at an appropriate rank as solely determined by the City.
Services shall be provided by the City to District as follows: Monday through Friday from 30 minutes prior to the assigned school’s instructional day through 30 minutes after the end of the school’s instructional day (9 hours total per day), on all student instructional days in accordance with the District Calendar for the academic year 2022-2023 (180 days maximum), attached hereto as Exhibit B.
The District agrees the City will make every effort to provide services as described above. In the event of unforeseen circumstances where an SRO is not able to cover an instructional day(s), the City will make every effort to provide a replacement. The City will notify the District if a replacement is not possible.
2.1 For the purposes of this Agreement, the District Representative shall be the Superintendent of Schools, or the Montebello Schools Chief of Police, or such other person designated in writing by the Superintendent of Schools, or the Montebello Schools Chief of Police (the “District Representative”). For the purposes of this Agreement, the City Representative shall be the City’s Chief of Police (the “City Representative”).
2.2 Additional Services may be requested by the District. SROs are generally available to assist District administrators with afternoon school events until 30 minutes after student instructional days.
The District may request Additional Services of a SRO from the City for evening events such as PTA meetings, Back- to-School night(s), Open House(s), sporting event(s), dance(s), prom(s), or other school-sponsored events, which fall outside of identified student instructional days or during the hours set forth under Section 2 of this Agreement (collectively “Additional Services”). District agrees to provide additional compensation to City at a rate equal to one and one-half (1 ½) times the detail rate of the SRO(s) established by City, for actual hours worked outside of the hours set forth under Section 2 or on days that are not designated student instructional days. Additional Services shall be invoiced together with invoiced Services for the applicable invoice period in accordance with Section 3 of this Agreement.
2. 3 City has, or will secure at its own expense, all personnel required to perform the Services under this Agreement. All of the Services required under this Agreement shall be performed by City or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.
The District shall have the right to demand the City remove an SRO from assignment within the District, temporarily or permanently, at its discretion. The City shall comply with any such request and assign a new SRO to the District to the extent a replacement is reasonably available and as soon
ATTACHMENT A
as reasonably practical. However, the District will not pay the City for SRO Services during any period in which the City has not reassigned a new SRO to the District following the removal of an SRO from assignment within the District. The District and City shall communicate in good faith following the removal of the SRO to resolve any concerns regarding the SRO. The District ma y permit the SRO to return to assignment within the District in the future, in its sole discretion.
3. Compensation: As full compensation for City’s Services provided under this Agreement, District shall pay City a sum not- to-exceed Three Hundred Eighty Eight Thousand Two Hundred Fifty Four Dollars ($429,199 (the “maximum compensation”), based on the fully burdened overtime rate of the SRO(s) established by City, which includes applicable City administrative overhead. In addition to salary/benefits of the officer, we should have the ability to charge administrative overhead related to the various administrative functions relative to supplying the officers (scheduling, Payroll, invoicing, etc.) The maximum compensation includes all expenses for the services of the SROs who will serve the District for the term of this Agreement. City shall invoice District and detail applicable Services and/or Additional Services, if applicable, on a monthly basis, and payment of each approved invoice shall be made by District within thirty (30) calendar days. Additional Services, as described in Section 2.2, shall be paid at the assigned officer’s fully burdened overtime rate established by the City.
4. Independent Entity:
4.1 The District has not formed an agency, employment or partnership relationship with the City, an independent City. District represents, and City recognizes, that the District does not provide any benefits or rights arising under disability or unemployment insurance, workers' compensation, medical insurance, sick leave or any other employment benefits to City including related employees. City is, and shall at all times remain as to District, a wholly independent entity. City
shall have no power to incur any debt, obligation, or liability on behalf of District. Neither District nor any of its agents shall have control over the conduct of City or any of City’s employees, except as set forth in this Agreement. City shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of District. City shall pay all required taxes on amounts paid to City under this Agreement, and indemnify and hold District harmless from any and all taxes, assessments, penalties, and interest asserted against District by reason of the independent City relationship created by this Agreement. Further, City agrees to provide workers' compensation insurance for related agents and employees and agrees to hold harmless and indemnify the District for any and all claims arising out of any injury, disability or death of any of said employees or agents.
4.2 City agrees to advise everyone it assigns or hires to perform any duty under this Agreement that they are not employees of District. Subject to any performance criteria contained in this Agreement, City shall be solely responsible for determining the means and methods of performing the specified services and District shall have no right to control or exercise any supervision over City as to how the Services will be performed. The directions issued by the District to the City only relate to the objectives to be achieved and not the actual means to accomplish such objectives.
4.3 Notwithstanding this independent contractor relationship, District shall have the right to monitor and evaluate the performance of City SROs to assure compliance with this
ATTACHMENT A
Agreement.
5. Indemnification and Hold Harmless:
5.1 To the fullest extent allowed by law, City shall defend, indemnify, save, and hold harmless the District, its officials, officers, employees, designated volunteers, and agents (“District Indemnitees”) from and against any and all demands, debts, liens, claims, losses, damages, liability, costs, expenses (including, but not by way of limitation, attorneys’ fees and costs actually incurred, whether or not litigation has commenced), judgments or obligations, actions, or causes of action whatsoever, for or incident to any alleged acts, omissions or will misconduct of City, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services or this Agreement, except such injury, damage or loss which was caused by the sole negligence or willful negligence of the District. The provisions of this clause shall not be limited to the availability or collectability of insurance coverage. City’s defense obligations (with counsel approved by District), shall arise immediately upon tender of any District Indemnitee, notwithstanding whether liability is, can be, or has yet been established.
5.2 To the fullest extent allowed by law, District shall defend, indemnify, save, and hold harmless the City, its officials, officers, employees, designated volunteers, and agents (“City Indemnitees”) from and against any and all demands, debts, liens, claims, losses, damages, liability, costs, expenses (including, but not by way of limitation, attorneys’ fees and costs actually incurred, whether or not litigation has commenced), judgments or obligations, actions, or causes of action whatsoever, for or incident to any alleged acts, omissions or will misconduct of District, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services or this Agreement, except such injury, damage or loss which was caused by the sole negligence or willful negligence of the City. The provisions of this clause shall not be limited to the availability or collectability of insurance coverage. District’s defense obligations (with counsel approved by City), shall arise immediately upon tender of any City Indemnitee, notwithstanding whether liability is, can be, or has yet been established.
6. Insurance: The City and the District agree to be individually responsible for providing their own insurance coverage for any and all claims or suits as a result of bodily injury, property damage, errors and omissions or personal injury arising out of the performance of this Agreement.
If an
actuarial or other study/report indicates that there are insu fficient funds and/or assets to properly fund insurance needs of a party, the party will immediately notify the other party in accordance with Section 28.
7. Assignment: Neither this Agreement nor any duties or obligations herein may be assigned without the prior written
consent of the Parties. Any attempt by a Party to so subcontract, assign or delegate this Agreement or any rights, duties or obligations arising hereunder in violation of this Section 7 shall be void and of no effect.
8. Termination: Either Party may, at any time and for any reason or no reason, after giving written notice to the other Party, terminate the Agreement at least thirty (30) calendar days before the termination is to be effective. If District defaults under this Agreement, and if District has not cured
ATTACHMENT A
the default within thirty (30) calendar days after City has given District notice of the event of default, City may terminate this Agreement for cause after giving written notice to District at least thirty (30) calendar days before the termination is to be effective. City shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. The District shall compensate the City only for the Services and Additional Services rendered to the date of termination provided in writing to the City as set forth herein, and City shall deliver all materials, reports, documents, notes or other written materials compiled through the last working day this Agreement is in effect. In no event shall City be entitled to receive more than the compensation that would be paid to City for the full performance of the Services and any Additional Services required by this Agreement. Neither party shall have any other claim against the other party by reason of such termination.
9. Certificates/Permits/Licenses: City and all of City’s employees or agents shall secure and maintain in force such certificates, permits and licenses as are required by law in connection with the furnishing of the Services. City shall be fully responsible for identifying and obtaining all necessary licenses and permits for the timely prosecution of the Services.
10. Anti-Discrimination: It is the policy of the District that in connection with all work performed under contracts there be no discrimination against any employee engaged in the work because of race, color, creed, religion, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental handicap, medical condition, genetic information or sexual orientation, and therefore the City agrees to comply with applicable Federal and California laws including, but not limited to the California Fair Employment and Housing Act beginning with Government Code Section 12900 and District policy.
11. Merger: This agreement supersedes any and all agreements, either oral or written, between the parties with respect to the renewing of services by City for the District and contains all of the agreements, covenants and representations. Each Party to this Agreement acknowledges that no representations, inducements, promises or statements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not contained in this Agreement, and that no other agreement, statement or promise not contained herein shall be binding or valid.
12. Arbitration: Any controversy or claim arising out of or relating to this Agreement or breach hereof may be settled by arbitration in accordance with applicable rules set forth by the American Arbitration Association as administered by En dispute/JAMS; an arbitrator's award may be confirmed by a court with jurisdiction to enter judgment thereon.
13. Fingerprinting: This Agreement is subject to the provisions of Education Code Section 45125.1.
City’s employees are required to submit fingerprints to the Department of Justice where an employee may come into contact with students at any site. The District shall not be responsible for providing and/or funding the fingerprinting, screenings, or background clearances for the City or any of its/his/her employees. The Department of Justice will ascertain whether the employee has a pending criminal proceeding for a violent or serious felony or has been convicted of a violent or serious felony as they are defined in Penal Code Sections 667.5c and 1192.7c respectively. City shall not permit an employee to come in contact with students until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in Education Code Section 45122.1.
City shall certify in writing to the District that none of its employees who may come in contact with
ATTACHMENT A
students have been convicted of a felony as defined in Education Code Section 45122.2. District may request the removal of an employee from a site at any time. Failure to comply with this provision may result in termination of the Agreement.
14. Confidentiality: City agrees that this Agreement is confidential and the terms of this Agreement shall not be disclosed to third parties except as required by law and as necessary to implement and enforce the Agreement. Only to the extent permitted by law, the District agrees that City shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent records pertaining to this Agreement, with approval from the respective Assistant Superintendent authorizing the access, and how such data shall be utilized by the City in accordance with the Agreement. In the event City requires access to student information to in the performance of the Services, such access shall be subject to the attached Exhibit C , Restriction of Use of Confidential Student Information Agreement. The requirement shall extend beyond the effective termination or expiration date of this Agreement.
15. Modification: Any alteration, change or modification of this Agreement, in order to become effective, shall be made by written instrument and signed by each Party.
16. Counterparts: This Agreement may be signed and delivered in two or more counterparts, each of which, when so signed and delivered, shall be an original, but such counterparts together shall constitute the one instrument that is the Agreement, and the Agreement shall not be binding on any Party until all Parties have signed it. Facsimile signatures shall be deemed for all intents and purposes as binding as original
signatures.
17. Governing Law and Choice of Forum : This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be construed in accordance with, and be governed by, and construed in accordance with the laws of the State of California, and shall be interpreted as if jointly drafted by the Parties to this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the Montebello Unified School District.
18. Severability: The Parties agree that should any of the provisions of this Agreement be judicially determined
to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
19. Authorized Signatures: The individuals signing this Agreement warrant that they are authorized to do so, and further, that they are authorized to make the promises in this Agreement on behalf of the respective Parties. The Parties understand and
agree that a breach of this warranty shall constitute a breach of the Agreement and shall entitle the non-breaching party to all appropriate legal and equitable remedies against the breaching party.
20. Conflict of Interest: The City represents and warrants that he/she/it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which conflicts in any manner or degree with the District or with the performance of the services under this Agreement. The District further represents that it shall not engage any person having such conflict of interest to perform the services set forth in this Agreement. City agrees that if any facts come to its attention which raises any questions as to the applicability of conflict of interest laws, it shall immediately inform the
ATTACHMENT A
District designated representative and provide all information needed for resolution of this question.
21. Board Approval: The Parties acknowledge and agree that in accordance with California Education Code Section 17604, this Agreement is contingent upon approval by the District Board of Education (“Board”). In the event the Board rejects the Agreement, or if the Agreement is not approved, the Agreement shall be void and unenforceable against all the Parties.
22. Review of the Agreement: The Parties acknowledge this Agreement is freely and voluntarily executed. They further acknowledge that the Parties, in executing this Agreement, do not rely upon any inducements, promises, or representations, expressed or implied, not reflected in this Agreement. The Parties agree to cooperate fully in the execution of any and all other documents and/or additional actions necessary and/or appropriate to give full force and effect to the terms , provisions, and intent of this Agreement. The Parties represent that they were provided with an opportunity to consult with legal counsel of their own choosing regarding this Agreement and each of its provisions. The Parties further represent that they have, as of the date of execution of this Agreement, the legal capacity to understand, agree to, and sign this Agreement. The Parties further acknowledge that this Agreement contains, and is, the entire integrated agreement and understanding between and among the Parties.
23. Force Majeure: In the event that performance under this Agreement is reasonably delayed or suspended by any Party as a result of circumstances beyond the reasonable control and without the fault or negligence of said Party, none of the Parties shall incur any liability to the other Party as a result of such delay or suspension. Circumstances deemed to be beyond the control of the Parties shall include, but not be limited to, acts of God or of the public enemy, school closures, insurrection, acts of the federal government or any unit of state or local government in sovereign capacity, fires, floods, epidemics/pandemics, quarantine restrictions, strikes, freight embargoes or delays in transportation, to the extent that such circumstances are not caused by the Party's willful or negligent acts or omissions, and to the extent that they are beyond the Party's reasonable control.
24. Impact of COVID-19: The Parties shall comply with all official orders, guidelines, and practices relating to COVID-1
9 and the Parties acknowledge that this Agreement shall memorialize the Parties’ collective efforts to ensure compliance with such orders, guidelines and practices in a manner that is consistent with applicable state and federal law. Further, the Parties shall make reasonable efforts and coordinate with each other to proactively anticipate any needed alterations to the traditional arrangements made under this Agreement to address the social distancing and other physical impacts on District school site operations.
25. Consequential; Special Damages: IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR
ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE
DAMAGES OR EXPENSES OR LOST PROFITS (REGARDLESS OF HOW CHARACTERIZED
AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES) UNDER OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF
THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY LIABILITY OR OTHERWISE).
26. Compliance with All Laws : The Parties agree to comply with all state and federal laws and regulations, including those governing non-discrimination and civil rights laws. Any state and
ATTACHMENT A
federal law that takes effect during the Agreement term shall be incorporated into this Agreement to the extent applicable.
26.1 The City shall comply with the Mandated Child Abuse Reporting laws.
27. Attachments: Each exhibit to this Agreement is hereby incorporated by reference in this Agreement as if such exhibit was set out in full in the text of this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any exhibit, the provisions of this Agreement shall prevail.
28. Notice: All notices to be provided to the Parties shall be in writing. Such notices and their accompanying materials shall be delivered by personal service or by deposit in the U.S. Mail, certified or registered, return receipt requested, and postage prepaid. The Parties may also transmit the written notice by electronic mail to the other Party. Such electronic notice shall be deemed received by the receiving Party upon the date of transmission by electronic mail. All notices shall be submitted/transmitted to the following.
[Signatures Appear on the Following Page]
If to City: If to District:
City of Montebello
1600 W Beverly Blvd,
Montebello, CA 90640
Montebello Unified School District
123 South Montebello Blvd
Montebello, CA 90640
ATTENTION: City Manager ATTENTION: Superintendent of Schools PHONE (323) 887-1363 PHONE (323) 887-7900 Ext. 2206
EMAIL [email protected] EMAIL [email protected]
ATTACHMENT A
Contract/Proposal/Agreement Review by:
Department Director or Designee
IN WITNESS WHEREOF, the Board of Education of the Montebello Unified School District has authorized this Agreement to be executed by Board authorized signatures.
Date of Board Meeting: Page No: ___________________________
By
City of Montebello* Title Superintendent of Schools, or Designated Assistant Superintendent/Division Head
(Funding Division)
Address (if different from above)
By
Assistant Superintendent/Division Head**
City, State & Zip
Social Security # or Internal Revenue Service #
Telephone Number, including Area Code
Date
-------------------------------------
* City: Sign “your name and title.”
** District: Second signature of a Division Head is required on all agreements ***Distribution: Two (2) originals to MUSD Accounts Payable/ copy for Originating Office / copy to Consultant ****Exhibit C: Restriction of Use of Confidential Student Information Agreement *****City attaches Proposal /Attachment / Scope of Work: YES ; NO MUSD Contact Person
Name:
Telephone/Ext:
ATTACHMENT A
Exhibit A
Scope of Work/Services
1. City’s Law Enforcement Roles and Responsibilities:
a. The SRO shall be an employee of City and shall be subject to the administration, supervision, and control of the City.
b. The SRO shall be subject to all personnel policies and practices of City except as such policies or practices may be modified by the terms of this Agreement. c. The City, in its sole discretion, shall have the power and authority to assign, discharge, and discipline the SRO.
d. To be a visible, active law enforcement figure on campus addressing law enforcement matters originating on or related to the campus.
e. To act as t he designee of the campus administrator in maintaining the physical plant of the campus to provide a safe learning environment as to law enforcement matters and school policy violations. This includes buildings, grounds, parking lots, lockers, and other public- school property. As to school policy violations, the SRO will refer the student to the principal' s office.
f. To provide a classroom resource for education using approved materials. g. To be a resource for students, which will enable them to be assoc iated with a law enforcement figure and role model in the students' environment. h. The SRO will be involved in school discipline, when it pertains to preventing a disruption that would, if ignored, place students, faculty and staff at risk of harm, and the SRO will resolve the problem to preserve the school climate. As to school policy violations, the SRO will refer the student to the principal' s office.
i. IN ALL OTHER CASES, disciplining students is a District responsibility, and the SRO will refer students who violate the code of conduct to the principal. j. The SRO will perform selected enforcement. This may include enforcing violations of the law. Enforcement methods may include counseling and problem solving with the violators, parents and school administration on a case-by-case basis. Whenever possible, services such as counseling shall be offered in lieu of issuing a criminal citation to a minor. k. The SRO maybe used for the disposal of contraband associated with infractions such as having tobacco or marijuana on campus.
l. The SRO will share information with the administrator about persons and conditions that pertain to campus safety concerns.
m. The SRO will be familiar with helpful community agencies, such as mental health services, drug treatment centers, etc., that offer assistance to dependency- and delinquency- prone youth and their families. Referrals will be made when necessary. n. The SRO will maintain a liaison with other organizations, such as Juvenile Probation, the School Attenda nce Review Board, diversion programs, and various local counseling
ATTACHMENT A
services.
o. The SRO and the principal(s) will develop plans and strategies to prevent and/ or minimize dangerous situations, which might result in student unrest. p. The SRO will coordinat e all of his/ her activities with the principal and staff members concerned and will seek permission, guidance, and advice prior to enacting any programs within the school.
q. The SRO shall be available to be called away from SRO duties in emergency situat ions as well as for department staffing shortages as directed by the City with notifications to the District Representative as soon as practical.
r. The SRO will normally wear the City’s Police Department approved uniform, however, the SRO may wear other appropriate clothing depending upon the activity in which the SRO is engaged.
s. Should the employment of either or both of the SROs be terminated during the 2022-2023 school year, the City will provide substitute officers.
2. District Roles and Responsibilities:
a. School officials will ensure that student disciplinary matters remain the responsibility of school staff and not the SRO. Enforcement of the code of conduct is the responsibility of teachers, school staff, and school administrators. The SRO will refrain from being involved in the enforcement of disciplinary rules that do not constitute violations of criminal law, or are criminal violations eligible for diversion.
b. District may, at its own initiative, and at its own cost, provide training to the SRO on topics that it considers to be beneficial to the relationship the SRO will have with students and staff.
d. The District, pursuant to the authority set forth in the California Education Code, has the primary duty to address student discipline, issu e appropriate consequences, provide appropriate student support, and/or provide referrals to law enforcement/ probation on criminal matters as required by law.
e. The District shall confer with police officers who respond to and investigate student behaviors that constitute criminal violations that are not eligible for diversion.
3 . Investigations/Search and Seizure
a. School officials conduct their own searches of individual students, their individual property, and school property under civil authority.
b. Police officers conduct searches of same under the criminal standard of probable cause. c. School officials, under certain circumstances, may request the SRO (or other officer) to act as their physical safety agent to perform or complete a school search for said official solely for the purpose of eliminating or reducing danger during the search. These circumstances include but are not limited to:
i. Possible presence of a weapon.
ATTACHMENT A
ii. Possible presence of an explosive device.
iii. Possible presence of a dangerous instrument, i. e., drug needle. iv. A student who may resist a search.
v. A student who may flee a search and, by doing so, be a danger to themselves and/ or others.
d. School officials shall share any information with police officers that is obtained during a student investigation or search if school officials feel that said information may be evidence of a crime.
e. School officials may consult with the SRO at any time to determine whether said information/ evidence should be shared. The part ies shall ensure that the respective individuals assigned to the school campuses and responsible for the implementation of this Agreement are provided with a copy of the Agreement and are informed of the contents of this Agreement and their duty to implement it.
4. Access to Education Records
a. School officials shall allow the SRO to inspect and copy any public records maintained by the District to the extent permitted by law.
b. All parties to this Agreement recognize and utilize Title 34 § 99:31 of the Code of Federal Regulations, which allows the oral exchange of information between school and police officials regarding any student when said information is directly related to a potential threat to safety of the school, its staff, or students.
c. School officials may also share information with police officers that falls within any of the exceptions to the Family Educational Rights and Privacy Act (FERPA) that are covered under state law (W & I § 827. 1 ; Ed. Code §§ 48902, 49706), which may include but are not limited to:
i. Directory information
ii. Information within the scope of a police officer's investigation iii. Information requested in response to a subpoena
iv. Investigative statements taken of the student - oral or in writing d. The City agrees to share with school officials any information that is relevant to school safety, and/ or the school investigation so long as said release of information does not compromise the integrity of the police investigation or place students, witnesses, or victims at further risk.
5. Response to Emergencies
a. In response to a non-violent criminal incident, the District shall consult with the SRO to develop a contingency plan and response.
b. Unless the incident involves criminal activity or an emergency where police resources in addition to the SRO are desirable, the District shall make an initial decision regarding the need for a police response based upon knowledge of the incident, the District's policies and
ATTACHMENT A
resources, and consultation with the SRO, if necessary. If the incident is outside the scope of the District 's resources, or there is a significant threat to human life or property, or the City is made aware of the incident and makes a determination the incident is critical in nature, the District shall relinquish the overall decision-making process to City, who shall then assume the role of the incident commander.
c. The SRO, investigating officer, or incident commander responding to the scene will strive to keep the District informed of decisions and status.
d. Incidents that originate at a school site that extend into the community will be handled by City.
ATTACHMENT A
Exhibit B
2022-2023 MUSD Calendar
ATTACHMENT A
Exhibit C
Restriction on Use of Confidential Student Information Agreement
SECTION 1 –PARTIES
This Restriction on Use of Confidential Student Information Agreement (referred to herein as “Agreement”) is entered into by and between: the City of Montebello (“City”) and Montebello Unified School District (the “District”) collectively referred to herein as “Parties”.
SECTION 2 – RECITALS
WHEREAS, City desires to enter into a contractual relationship with the District to provide certain services that may require accessing personally identifiable student information and/or data from the District from date to date;
WHEREAS, the Parties acknowledge that City shall have access to personally identifiable student information and/or data from the District (“Student Records”);
WHEREAS, in order for City to provide certain contracted services, City may access, receive or create Student Records that are defined and covered by the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 C.F.R. Part 99) (referred to herein as "FERPA"), Protection of Pupil Rights Amendment, 20 U.S.C. § 1232h, as well as applicable California laws, including but not limited to, Assembly Bill 1584 and Education Code section 49073.1;
WHEREAS, City to the extent applicable by law, shall be considered a school official with legitimate educational interest performing an institutional service or function for which the District would otherwise use employees, allowing the District to disclose Student Records to City without the consent required by applicable federal and state law; and
WHEREAS, the Parties wish to enter into this Agreement to ensure that the relationship between City and the District, including the contracted services to be performed by City, conform to all applicable federal and state laws allowing City such access to Student Records upon the terms and conditions set forth below.
NOW THEREFORE, in consideration of the following terms and conditions, the Parties agree as follows:
SECTION 3 – AGREEMENT
1. Any and all Student Records and personally identifiable student information and/or data as defined by law, including but not limited to name, address, telephone number, classes, grades, files, records, data, letters, notes, lists, reports, tests, working papers, digital media and any other student information of any kind is deemed confidential (“Confidential Information”) and shall not be released or disclosed, either directly or indirectly, in any form or manner, either during the term of this Agreement or at any time thereafter, unless authorized by the
ATTACHMENT A
District in writing. Confidential Information, whether prepared by City or otherwise, coming into City possession, shall remain confidential, the exclusive property of and under the control of the District.
2. City agrees that any personally identifiable student information and/data and Confidential Information it obtains from the District shall only be used for the purpose of providing the contracted service(s) to the District as set forth and in accordance with this Agreement. City acknowledges that he/she/it is prohibited from using any personally identifiable student information and/or data and Confidential Information for any purpose other than those required by law or specifically permitted by this Agreement.
3. To ensure the continued confidentiality and security of the Student Records processed, stored, or transmitted, City shall comply with all District procedures and systems ensuring that all Student Records are kept and maintained in secured facilities and access to such records in accordance with the law and Agreement.
4. City shall not retain any copies of the Confidential Information from the District data files or any District medium, electronic or otherwise, furnished to City in the performance of th e contracted service(s) between the District and City, after termination of the contracted service(s) between the District and City.
5. City shall not use or copy for direct or indirect use any personally identifiable student information and/or data and Confidential Information from the District data files or any District medium, electronic or otherwise, furnished to City after termination of the contracted service(s) between the District and City.
6. Within 30 calendar days of termination, cancellation, expiration, or other conclusion of this Agreement, or within 30 calendar days of a request by the District, City shall immediately return and deliver to the District or if return is not feasible, destroy and not retain any copies of any and all Confidential Information that is in the possession of City and certify in writing that all copies of the Confidential Information in its possession have been destroyed.
7. The obligations of this Agreement shall not apply to any information which (a) is already in the public domain through no breach of this Agreement, including but not limited to information available through District’s website(s); or (b) was received by City independently from a person or entity free to lawfully disclose such information in accordance with the law.
8. City is prohibited from using personally identifiable student information and/or data and Confidential Information to engage in targeted
advertising.
9. City warrants and represents that he/she/it shall, at all times, comply with the terms of this Agreement and with federal and California law and further agrees not to disclose or re- disclose to any person or entity, for any purpose whatsoever, any personally identifiable student information and/or data and Confidential Information as defined by this Agreement and consistent with the requirements set forth by
law.
ATTACHMENT A
10. City agrees that the District may, upon request, verify with City as necessary that it is complying with the Agreement and all applicable requirements set forth by law.
11. Any alteration, change or modification of this Agreement, in order to become effective, shall be made by written instrument and signed by each Party
12. The Parties agree that this Agreement is confidential and that the nature and terms of this Agreement shall not be disclosed to third parties except as required by law and as necessary to implement and enforce the Agreement.
13. This Agreement shall be enforceable in a competent court of law under the laws of the state of California. This Agreement may be subject to disclosure in a competent court of law for purposes of enforceability.
14. The individuals signing this Agreement warrant that they are authorized to do so, and further, that they are authorized to make the promises in this Agreement on behalf of the respective Parties. City understands and agrees that a breach of this warranty shall constitute a breach of the Agreement and shall entitle the District to all appropriate legal and equitable remedies against City.
IN WITNESS WHEREOF, the Parties hereto executed this Agreement on the date set forth opposite their respective signatures.
CITY OF MONTEBELLO
Dated: By (Name)
MONTEBELLO UNIFIED SCHOOL DISTRICT
Dated: By:
ATTACHMENT A
MONTEBELLO UNIFIED SCHOOL DISTRICT
2022-2023 ACADEMIC CALENDAR
TK- 12
MON TUES WED THUR FRI
1 1111111141 5 6 7 8
11 12 13 14 15
18 19 20 21 22
25 26 27 28 29
OCTOBER
MON TUES WED THUR FRI
3 4 5 6 7
10 11 12 13 14
17 18 19 20 21
24 25 26 27 28
31 JANUARY
MON TUES WED THUR FRI
IIIIIIII #z4u
‘
10 11 12 13
111111110 17 18 19 20
23 24 25 26 27
30 31
APRIL
MON TUES WED THUR FRJ
3 4 5 6 IIIII%‘44-U
17 18 19 20 21
24 25 26 27 28
111111111111 HOLIDAY
I INSTRUCTIONAL
RECESS
I INO SCHOOL
August 15, 2022- First Day of School for Students
January 10, 2023- Beginning of 2nd Semester
June 9, 2023 - Last Day of School for Students
MON TUES WED THUR FRI
1 2 3 4 5
8 9 10 11 12
* 15 16 17 18 19
22 23 24 25 26
29 30 31
NOVEMBER
MON TUES WED THUR FRI
1 2 3 4
7 8 9 10 IIIIIHI
14 15 16 17 18
Z%7/3%%fl IIIII4l IIIIITh
28 29 30
FEBRUARY
MON TUES WED THUR FRI
1 2 3
6 7 8 9 10
fl3 14 15 16 17
Ni 21 22 23 24
27 28
MAY
MON TUES WED THUR FRI
1 2 3 4 5
8 9 10 11 12
15 16 17 18 19
22 23 24 25 26
IIIIII$ 30 31
Independence Day- July 4
Labor Day — September 5
Veterans Day— November11
Recess — November 2 1-25
Thanksgiving Day — November 24
Local Board Holiday — November 25
Winter Recess — December 19-Januanj 6
Local Board Holiday — December 22-23, 26
Local Board Holiday - December30 and January 2
New Year’s Day — January 1
Martin Luther King Jr’s Birthday— January16
Lincoln’s Birthday— February 13
Washington’s Birthday— February 20
Local Board Holiday - April 7
Spring Recess — April 10-April 14
Memorial Day — May 29
BOE Approval: March 14. 2020
APPRO VEt) BY THE
BOAJ4D OF
EDUCA’fION
JULY AUGUST SEPTEMBER
MON TUES WED THUR FRI
1 2
IIIIIII 6 7 8 9
12 13 14 15 16
19 20 21 22 23
26 27 28 29 30
DECEMBER
MON TUES WED THUR FRI
1 2
5 6 7 8 9
12 13 14 15 16
2,7/’ %Y/4Q /a IIIIIIIIUI I I I W4 /A# 79
MARCH
MON TUES WED THUR FRI
1 2 3
6 7 8 9 10
13 14 15 16 17
20 21 22 23 24
27 28 29 30 si
JUNE
MON TUES WED THUR FRI
1 2
5 6 7 8*** 9
12 13 14 15 16
19 20 21 22 23
26 27 28 29 30
ATTACHMENT B
ITEM #____
CI
TY OF MONTEBELLO
CIT
Y COUNCIL AGENDA STAFF REPORT
TO: H
onorable Mayor and City Council Members
FR
OM: René Bobadilla, P.E., City Manager
BY: F
ire Chief Fernando Pelaez, Fire Department
SUBJ
ECT: Approve Receipt of an Award from the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program and Appropriate Funds in Fiscal Year 2022-23
DAT
E: August 10, 2022
RECOMMENDATIONS:
It
is recommended that the City Council:
1) Approv
e the appropriation of $108,997 awarded to the Fire Department by the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program for Fiscal Year 2022-23; and
2) Am
end the Fiscal Year 2022-23 budget by increasing appropriations by $108,997 in Expense Account No. 265-85-856-6040.10 and Revenue Account No. 265-99- 4198.10 (Grants, Fire, Cal Fire Wildfire Prevention, Other Contract Services and Grants, Cal Fire Wildfire Prevention; and
3) Tak
e such additional, related, action that may be desirable.
FIS
CAL IMPACT
The C
alifornia Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention awarded the Montebello Fire Department $ 108,997 for the Montebello Wildfire Fuel Reduction and Public Education Project.
BA
CKGROUND
The C
alifornia Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention (FP) Grants Program is funded by the State of California General Fund and with Cap- and-Trade auction proceeds appropriated by the California Legislature. Up to $120 million 14 CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Approve Receipt of an Award from the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program and Appropriate Funds in Fiscal Year 2022-23
is being allocated to CAL FIRE’s Fire Prevention Grants Program in Fiscal Year 2021-22 from the CCI Greenhouse Gas Reduction Fund (GGRF) and State General Fund.
CAL FIRE’s FP Grants Program provides funding for fire prevention projects and activities in and near fire threatened communities that focus on increasing the protection of people, structures, and communities. Funded activities include hazardous fuels reduction, wildfire prevention planning, and wildfire prevention education with an emphasis on improving public health and safety while reducing greenhouse gas emissions.
DISCUSSION
The objective of the CAL FIRE Grants Program is to fund fire prevention projects and activities in and near threatened communities that focus on increasing the protection and reducing the threat of wildfires to people, structures, and communities. This grant provides funding for three activities: 1) Hazardous Fuels Reduction, 2) Wildfire Prevention Plan, and 3) Wildfire Prevention Education.
The Montebello Fire Department will aid in the fuel reduction of the Montebello Dam Area by reducing the amount of hazardous and flammable trees. This will help prevent the potential for larger wildfires and will protect structures and property such as Montebello Metro Heights by reducing the fuel load in the area.
With the increase of wildfires, it is imperative that suppression personnel help to mitigate these hazards. This grant will allow certified instructors to train and certify Montebello Fire Department personnel on how to properly perform hazard reduction and remove large trees. Personnel will receive California State recognized certificates and will be eligible to take more classes to be better trained to protect the community of Montebello. The awarded grant will help pay for proper tools and equipment for reducing fuel, certified instructors and state certificates. The grant will also pay for fuel removal and was te after trees have been felled.
SUMMARY
That the City Council approve the appropriation of $ 108,997 awarded to the Fire Department by the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program and amend the FY 2022- 23 budget by increasing appropriations by $108,997 in Expense Account No. 265- 85-856-6040.10 and Revenue Account No. 265-99-4198.10 (Grants, Fire, Cal Fire Wildfire Prevention, Other Contract Services and Grants, Cal Fire Wildfire Prevention).
ATTACHMENTS:
A. Attachment A – Grant Award Letter
B. Attachment B – January 26,2022 City Council Agenda
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY Gavin Newsom, Governor “The Department of Forestry and Fire Protection serves and safeguards the people and protects the property and resources of California.”
DE PARTMENT OF FORESTRY AND FIRE PROTECTION
P.O. Box 944246
SACRAMENTO, CA 94244 -2460
(916) 653-7772
W ebsite: www.fire.ca.gov
June 1, 2022
Felix H ussakhoon
City of Montebello Fire Department
600 N Montebello Blvd.
Montebello, CA 90640
RE: PROJECT APPLICATION FOR THE CAL FIRE CALIFORNIA CLIMATE INVESTMENTS (CCI) WILDFIRE PREVENTION (FP) GRANTS
Dear Applicant:
The Department of Forestry and Fire Protection (CAL FIRE) is pleased to inform you that your application for the grant project entitled Montebello Wildfire Fuel Reduction and Public Education Project (21-FP-LAC-0188) has been selected for funding.
You will receive the full agreement with instructions via email within 60 days. All documents must be returned to CAL FIRE no later than October 31, 2022. Failure to return documents by this date may result in loss of funding. It is important that you do not start on your grant project until you have received a confirmation that your grant agreement has been fully executed.
Please coordinate with your appropriate region staff to validate the polygons that were previously submitted for your project application. In addition, you may be required to provide information to complete the required emissions calculations for your project per the required Quantification Methodology. You will be contacted if this information is needed.
We look forward to working with you on your grant project. If you have any additional questions, please contact Trevor Moore at (213) 259-4587 or [email protected].
Sincerely,
Natalie Burke
Staff Services Manager I
Wildfire Prevention Grants Program Manager
ATTACHMENT A
CITY
OF MONTEBELLO
CITY
COUNCIL AGENDA STAFF REPORT
TO: Honor
able Mayor and City Council Members
FRO
M: René Bobadilla, P.E., City Manager
BY: Fi
re Chief Fernando Pelaez, Fire Department
SUBJE
CT: Approval to Submit Application for the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program
DATE
: January 26, 2022
RECOMMENDATIONS:
It i
s recommended that the City Council:
1) Approve t
he submission of the grant application for the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program; and 2) Take s
uch additional, related, action that may be desirable.
FISCAL IMPACT
The Cal
ifornia Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program currently has a funding opportunity to submit a competitive grant application. Depending on the scope of the project, the City could potentially receive up to $200,000. This funding opportunity has no local matching funds requirement. If a grant is awarded and once the award amount is determined, staff will return to the City Council with a request to appropriate the funds.
BACKGROUND
The Cal
ifornia Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention (FP) Grants Program is funded by the State of California General Fund and with Cap- and-Trade auction proceeds appropriated by the California Legislature. Up to $120 million is being allocated to CAL FIRE’s Fire Prevention Grants Program in Fiscal Year 2021-22 from the CCI Greenhouse Gas Reduction Fund (GGRF) and State General Fund. CAL ITEM # 10
ATTACHMENT B
CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 26, 2022 Approval to Submit Application for the for the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program
FIRE’s FP Grants Program provides funding for fire prevention projects and activities in and near fire threatened communities that focus on increasing the protection of people, structures, and communities. Funded activities include hazardous fuels reduction, wildfire prevention planning, and wildfire prevention education with an emphasis on improving public health and safety while reducing greenhouse gas emissions.
DISCUSSION
The objective of the CAL FIRE grants program is to fund fire prevention projects and activities in and near threatened communities that focus on increasing the protection and reducing the threat of wildfires to people, structures, and communities. This grant provides funding for three activities: 1) Hazardous Fuels Reduction, 2) Wildfire Prevention Plan, and 3) Wildfire Prevention Education.
The Montebello Fire Department is seeking to submit a grant proposal for funding that will be use d towards wildland fire prevention and training skill enhancements for all Montebello Fire Department suppression personnel. Given the City’s proximity to wildland areas that frequently burn and require appropriate and specific training in order to properly and safely respond, this grant opportunity would provide much needed funding to provide training to the City’s first responders. O nce the proposed project is identified, the Department will be applying under the appropriate category based on specific needs (see list of three activities in the paragraph above) . The additional funding resources would provide much needed operational infrastructure to support the Fire Department’s overall strategic goals in the delivery of fire services to the community.
SUMMARY
That the City Council approve the submission of the grant proposal application for the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program.
ATTACHMENT:
A. Attachment A – CalFire Fire Prevention Grants Program FY 2021-2022
IT EM #____
CI
TY OF MONTEBELLO
CIT
Y COUNCIL AGENDA STAFF REPORT
TO: H
onorable Mayor and City Council Members
FR
OM: René Bobadilla, P.E., City Manager
BY: Lupi
ta Ibarra, Director of Transportation
SUBJ
ECT: Approve Amendment No. 3 to Agreement No. 3697 with Avail Technologies, Inc., for Maintenance and Support of Montebello Bus Lines’ Intelligent Transportation System and Fixed Route Passenger Information System
DAT
E: August 10, 2022
RECOMMENDATIONS:
It is recommended that the City Council:
1) Appr
ove Amendment No. 3 to Agreement No. 3697 with Avail Technologies, Inc. (Avail), in an annual not -to-exceed the amount of $178,405 , to extend software maintenance and support services for a one-year term with Montebello Bus Lines (MBL) for its Intelligent Transportation System (ITS) and Fixed Route Passenger Information System; and
2) Aut
horize the City Manager to execute Amendment No. 3 on behalf of the City; and
3) Take such additional, related, action that may be desirable.
FISCAL IMPACT
The total cost for maintenance and support services over a five-year (5) term is for a total not-to-exceed amount of $884,265. The payment schedule is as follows: Year 1 – $177,501 (2019); Year 2 – $171,478 (2020); Year 3 – $174,907 (2021); Year 4 – $178,405 (2022); Year 5 – $181,974 (if exercised, 2023). Through Amendment No. 3, Avail will be compensated an annual not -to-exceed amount of $178,405 associated with extending services for an additional one-year term (or the third (3rd) of four (4), one-year extensions authorized under the original agreement).
15 CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Approve Amendment No. 3 to Agreement No. 3697 with Avail Technologies, Inc., for Maintenance and Support of Montebello Bus Lines’ Intelligent Transportation System and Fixed Route Passenger Information
Funding for this agreement will be allocated from the Transportation Department’s Fiscal Year 2022-23 adopted operating budget: Transit Operations expense Account No. 600- 90-910-6040.10 (Contract Services, Outside Contracts). Therefore, a budget amendment is not needed.
BACKGROUND
In October 2019, the City Council approved a software maintenance agreement (Agreement No. 3697) with Avail for ongoing maintenance and support services of MBL’s ITS and Fixed Route Passenger Information System. The agreement was for an initial one-year term with the option to exercise up to four (4), one- year term contract extensions. In September 2020, Agreement No. 3697 was amended to exercise the first of the four (4), one- year extensions authorized by the Agreement (see Attachment A ).
Subsequently, the a greement was further amended to exercise the second one- year extension in August 2021 (see Attachment B).
Under the authority of Agreement No. 3697, it is recommended that the City Council consider renewing the contracted service with Avail for ongoing maintenance and support of MBL’s ITS and Fixed Route Passenger Information System. Am endment No. 3 will exercise the third (3rd) of four (4), one -year term extension for an annual not -to-exceed amount of $178,405, extending services from September 1, 2022 to August 31, 2023.
SUMMARY
Staff recommends the City Council consider approving Amendment No. 3 (see Attachment C) to Agreement No. 3697 with Avail for ongoing maintenance and support of MBL’s ITS and Fixed Route Passenger Information System for an additional one-year term in an annual not-to-exceed the amount of $178,405; and authorize the City Manager and/or his designee, to execute Amendment No. 3 on behalf of the City. This Amendment represents year four (4) of the initial term that allowed up to four (4), one-year extensions.
Should staff recommend, there is one remaining one-year extension per the original term of the agreement.
ATTACHMENTS:
A. Attachment A – Amendment No. 1 to Agreement No. 3697 B. Attachment B – Amendment No. 2 to Agreement No. 3697 C. Attachment C – Proposed Amendment No. 3 to Agreement No. 3697
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
CITY OF MONTEBELLO
AMENDMENT NO. 3
TO AGREEMENT NO. 3697
WITH AVAIL TECHNOLOGIES, INC.
This Amendment No. 3 to Agreement No. 3697 ( “Amendment No. 3 ”) is made and entered into this August 10 th, 202 2, by and between the City of Montebello, a municipal corporation duly organized and existing under the law of the State of California (“City”), and Avail Technologies, Inc., a Pennsylvania corporation registered to do business in California (“Contractor”). City and Contractor are sometimes hereinaf ter referred to collectively as the “Parties.”
RECITALS
WHEREAS, City and Contractor are Parties to that certain Contract Agreement No. 3697 for Maintenance and Support of the Montebello Bus Lines Intelligent Transportation System Technology with an “Effective Date” of October 9 th, 2019 (“Agreement”), pursuant to which City contracted with Contractor to provide services as defined in the Agreement; and
WHEREAS, Article XXII (“Entire Agreement”) of the Agreement allows for amendments to the Agreement by writing executed by the Parties; and
WHEREAS, on or about September 23 rd, 2020 , the Parties executed a “ First Amendment” exercising an option to extend the Agreement from September 1, 2020, to August 31, 2021; and
WHEREAS, on or about August 11 th, 2021 , the Parties executed a “ Second Amendment” exercising an option to extend the Agreement from September 1, 2021 to August 31, 2022; and
WHEREAS, any reference to a “First” or “Second” Amendment shall mean and have the same effect and as an “Amendment No. 1” and “Amendment No. 2,” respectively; and
WHEREAS, the Parties each being mutually satisfied with the other’s performance thereof, hereby desire to amend the Agreement once more to extend the term of the Agreement for one (1) additional year on the conditions set forth in the Agreement and as otherwise provided herein; and
WHEREAS, by exercising the option to extend the Agreement by an additional year, an amendment to Term and Compensation (further defined below) is required.
AMENDMENT NO. 3 TO AGREEMENT NO. 3697
NOW, THEREFORE, based upon the foregoing recitals, which the Parties agree are true and correct, and for good and adequate consideration the receipt and adequacy of which is acknowledged by the Parties, the Parties agree as follows:
AMENDMENT
SECTION 1: RECITALS. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference.
SECTION 2: EXTENSION OF TERM. Through this Amendment No. 3, the Parties hereto agree to extend the term of the Agreement from September 1, 2022 to August 31, 2023; unless such time if further extended in writing by a subsequent amendment and executed by both Parties.
SECTION 3: AMENDMENT TO COMPENSATION. Through this Amendment No. 3, the Parties hereto agree to amend the compensation the purposes of incorporating costs associated with this Third Extension and incorporated herein by this reference as follows:
“The agreed-upon compensation for Amendment No. 3 shall not exceed One Hundred Seventy-Eight Thousand, Four Hundred Five Dollars and 00/100 Cents ($178,405.00). Such sum shall include all amounts payable to Contractor for its subcontracts, leases, materials, and cost arising from, or due to termination of the Agreement. City shall pay Contractor upon thirty (30) days of receipt of invoice and full acceptance of product and services by the City. Said compensation of Amendment No. 3 shall cover all expenses, losses, damages, and consequences arising out of the nature of 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 of time specified in the aforesaid Agreement; and also include those arising from actions of the elements, unforeseen difficulties or obstruction s encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risk of any description connected with the work.”
SECTION 4: INCORPORATION OF REMAINING TERMS. Other than as expressly modified in this Amendment No. 3 with respect to the Term and Compensation of the Agreement, all remaining terms, conditions, and provisions or the Agreement, and the entirety thereof, shall remain in full force and effect, and is incorporated fully herein by this reference.
SECTION 5: COUNTERPARTS. This Amend ment No. 3 may be executed in counterparts all of which shall constitute but one original, and the same agreement.
[SIGNATURES ON NEXT PAGE]
AMENDMENT NO. 3 TO AGREEMENT NO. 3697