Montebello City Council
October 12, 2022

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF OCTOBER 12, 2022

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MEMORANDUM OF UNDERSTANDING NO. 22-23

BETWEEN

THE COUNTY OF LOS ANGELES AND CITY OF MONTEBELLO
FOR

INTERIM HOUSING SERVICES
This MEMORANDUM OF UNDERSTANDING (hereinafter “MOU”) is made and entered into this ____ day of ________ 2022 by and between the CITY OF MONTEBELLO (hereinafter “CONTRACTOR"), a municipal corporation, and the COUNTY OF LOS ANGELES (hereinafter “COUNTY”), a subdivision of the State of California, with the CONTRACTOR and COUNTY referred to as “PARTY,” or collectively as “PARTIES” as the context will direct.

RECITALS
WHEREAS, on July 19, 2021, Governor Newsom signed into law Assembly Bill 140, (Health & Safety Code § 50218.6, et seq.), authorizing Homeless Housing, Assistance and Prevention Grant Round 3 ("HHAP"), which is a $1 billion grant that provides local jurisdictions, including federally recognized tribal governments, with flexible funding to continue efforts to end and prevent homelessness in their communities; WHEREAS, the County Board of Supervisors (“Board”) recognizes the importance of supporting cities and Councils of Governments (“COGs”) across the County to strengthen the region’s homeless housing and services system;
WHEREAS, on January 25, 2022, the Board approved a motion directing the County Chief Executive Officer ("CEO") to allocate $10 million in HHAP initial disbursement funding ("Fund") to create the Cities and Councils of Governments Interim Housing Services ("CCOGIHS") Program to support services at homeless interim housing projects sited in local jurisdictions throughout the County;
WHEREAS, on May 17, 2022, the Board authorized the County Chief Executive Office to enter into and/or amend multi-year service contracts, memoranda of understanding, and funding agreements with local jurisdictions administering homeless services programs with Board approved funding;
WHEREAS, COUNTY seeks to enter into this MOU with CONTRACTOR to reflect COUNTY's allocation of $876,000 in CCOGIHS Program Funds for the purpose of supporting operations at interim housing projects located within CONTRACTOR'S jurisdiction that create a pathway for people experiencing homelessness (PEH) to secure permanent housing.

NOW THEREFORE, in consideration of the mutual terms and conditions contained herein, CONTRACTOR and COUNTY hereby agree and understand as follows:

MEMORANDUM OF UNDERSTANDING NO. 22-23

Exhibits A, B, C and D set forth below are attached hereto and incorporated by reference to the same extent and with the same effect as if fully set forth herein.

1.CCOGIHS PROGRAM FUND ACTIVITIES
The MOU shall provide for CCOGIHS Program funds to be used to support services at homeless interim housing projects sited in local jurisdictions throughout the County.

2.TERM OF MOU
The term of this MOU shall commence upon the date the MOU is fully executed by the Parties (the “Effective Date”), and shall terminate on June 30, 2026, or until such time that revisions are necessary or either party decides to terminate the MOU.

3.TERMINATION
a. The MOU may be terminated by either party for the convenience of that party.

The MOU may also be terminated by either party as a result of default by the other party of its obligations under this MOU.
b. Notice of termination shall be given, in writing, at least ninety (90) days in advance and shall be complete when delivered to either party. c. In the event of termination of the MOU, as provided herein, CONTRACTOR shall be responsible for turning over all expenditure reports to COUNTY. Any unexpended CCOGIHS Program funds will be returned to COUNTY within thirty (30) days of the effective date of termination of the MOU. CONTRACTOR will be responsible for paying any outstanding invoices associated with all project costs incurred after the effective date of termination of the MOU.

4.FUNDING
a. Notwithstanding any other provisions of this MOU, CONTRACTOR and COUNTY's responsibilities arising from this MOU shall be subject to the availability of authorized and appropriated funds.
b. Use of CCOGIHS Program Funds
i. CONTRACTOR shall be provided $876,000 in CCOGIHS Program funds ("Program Funds") to complete the work provided under this MOU and as described in Exhibit "A", Program Description and Goals. ii. Allowable costs under this MOU include Administrative Costs and Direct Program Service Costs.

1. Administrative costs include but are not limited to:
i.Program administrative staff (including program supervision and data tracking staff)

MEMORANDUM OF UNDERSTANDING NO. 22-23

ii.General administration and costs necessary for the proper administration of Program
iii.Data tracking including Homeless Management Information System (HMIS) licenses
iv.Overhead costs; and
v.Program development activities
vi.No more than 7% of CONTRACTOR's Program Funds may be expended on administrative costs incurred by the administrative agency.

2. Direct Program Service Costs (distinct from Administrative Costs above) include, but are not limited to:
i.Case management staff
ii.Direct Program Operation Costs
iii.Other program staff or operational costs not included with Administrative Costs such as client food cost, space cost, utilities, maintenance/repair, security, and restrooms and showers.

Ineligible uses include supplantation of existing local funds, capital- related costs, activities in violation of any law, activities not consistent with the intent of Program Funds, and activities not consistent with the eligible uses identified in Health and Safety Code Section 50220.7, subdivision(e)(2).
c. CONTRACTOR shall maximize the use of Program Funds on direct assistance while limiting administrative costs. Planned administrative costs not outlined in Exhibit B, Program Budget, must be reviewed and approved by the COUNTY prior to use.
d. CONTRACTOR shall use Program Funds in accordance with state law, including Housing First, HHAP, and applicable funding requirements. e. CONTRACTOR shall comply with program data reporting requirements established by the County.
f. All funding must be encumbered no later than June 30, 2024. g. During the term of the MOU, the COUNTY may approve advances requested by the CONTRACTOR at its sole discretion and subject to the availability of funds and will not require an amendment to this MOU.
h. All Program Funds allocated to CONTRACTOR are on a reimbursement basis unless an advance of funds is approved by COUNTY. Program Funds shall be paid to CONTRACTOR pursuant to invoicing. Invoices shall be paid within thirty (30) days of the COUNTY receiving and approving a completed invoice, for the full amount of the invoice pursuant to this MOU. Invoicing shall be in compliance with this Section 7 and Exhibit C, Expenditure Reporting.

MEMORANDUM OF UNDERSTANDING NO. 22-23

i. If an advance of Program Funds is issued to the CONTRACTOR by COUNTY, a report of expenditures for all advanced funds shall be submitted to COUNTY and reconciled by the end of the term in this MOU.
j. The COUNTY may seek repayment of Program Funds from CONTRACTOR if the COUNTY determines, in its sole discretion, either or both of the following occurs: (1) CONTRACTOR is unable to expend the Program Funds within the applicable time deadlines provided herein; or (2) CONTRACTOR has expended Program Funds not in accordance with the MOU, current and subsequent HHAP guidelines and instructions, and any other applicable laws and regulations. k. CONTRACTOR agrees to refund any unused portion of the Program Funds upon completion or termination of this MOU, less any administrative costs. l. Program Funds provided to CONTRACTOR are to be used solely to cover costs for the services as described in Section 4, and in accordance with the State Budget Act, current and subsequent State Housing and Community Development/HHAP guidelines and instructions, and any other applicable laws and regulations.
m. Expenditures made by CONTRACTOR in the operation of this MOU shall be in strict compliance and conformity with the State Budget Act, HHAP guidance and any other instructions from the State or as required by law.

5.CONTRACTOR RESPONSIBILITIES
a. CONTRACTOR has been allocated $876,000 in CCOGIHS Program Funds in support of operations at interim housing projects located within CONTRACTOR's jurisdiction that create a pathway for PEH to secure permanent housing.

CONTRACTOR's Program and activities must aim to prevent, reduce and end homelessness. A full description of the CCOGIHS Program goals is provided in the attached Exhibit “A”, Program Description and Goals. b. CONTRACTOR and its sub-contractor(s) must provide the services detailed in the following Scope of Required Services for the following:
i. Adult Program:
 Scope of Required Services (SRS) for Crisis Housing (Adult Program) ii. Family Program:
 SRS for Families
 SRS for Families Program Appendix
iii. Adult and Family Programs:

MEMORANDUM OF UNDERSTANDING NO. 22-23

 LAHSA Program Standards
 LAHSA Facility Standards

6.COUNTY RESPONSIBILITIES
COUNTY agrees to undertake the following responsibilities:
a. COUNTY shall provide timely notifications to CONTRACTOR of any changes to or new requirements by COUNTY and/or State agencies that require information to be provided or action to be taken by CONTRACTOR.
b. COUNTY shall be available to provide CONTRACTOR with technical assistance concerning CCOGIHS Program funds and their allowable uses.

7.REPORTS AND INVOICES
CONTRACTOR shall comply with all reporting requirements set forth in this Section

7. CONTRACTOR shall prepare and submit program financial, progress, monitoring, evaluation and any other reports as required by the COUNTY and HHAP. a. CONTRACTOR shall provide a monthly invoice to the COUNTY that shall:
i. Identify the costs incurred (and projected to be incurred) for the Program Funds as of MOU execution;
ii. Demonstrate how CONTRACTOR expended the Program Funds consistent with the use requirements as set forth in this MOU, including Exhibit "B", Program Budget, and authorized by the Board;
iii. Identify the balance of Program Funds not expended; and iv. Describe a plan for expenditure of unspent, but incurred, Program Funds on or before the MOU termination date.
b. CONTRACTOR shall submit quarterly reports as required by the COUNTY using the Homeless Management Information System and submit a copy of the report to the County
Reports and Invoices to be sent to:

Ashlee Oh, Project Director
Chief Executive Office, Homeless Initiative
500 W. Temple Street, Suite 493
Los Angeles, CA 90012
Email: [email protected]
&
[email protected]

MEMORANDUM OF UNDERSTANDING NO. 22-23

c. At any time during the term of the MOU, the COUNTY may, in its sole discretion, request that CONTRACTOR provide the COUNTY with additional progress reports not otherwise identified in this Section 7, in the form specified by the COUNTY, to ensure that CONTRACTOR is meeting the requirements of this MOU and in accordance with the State Budget Act, current and subsequent HHAP guidelines and instructions, and any other applicable laws and regulations.
d. CONTRACTOR shall provide a certification, in a form provided by COUNTY, to be signed by its Executive Director, or designee, with each report required under this Section 7 that the statements contained in the report are, to the best of CONTRACTOR’s knowledge and understanding, true and accurate and that the expenditures described in the report comply with the uses permitted under Section 4 and authorized by the Board.
e. CONTRACTOR shall maintain supporting documentation for the reports required in Section 11, Records Maintenance.

8.MODIFICATIONS AND REVISIONS

This MOU constitutes the entire agreement between the PARTIES hereto, and no oral understanding not incorporated herein will be binding on any PARTY. This MOU may be modified, altered, or revised, as necessary, only by mutual consent of the PARTIES hereto by the issuance of a written amendment, signed and dated by both PARTIES.

9.MUTUAL INDEMNIFICATION
CONTRACTOR shall indemnify, defend and hold harmless COUNTY, its Special Districts, elected and appointed officers, employees, agents and volunteers (“County Indemnitees”) from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from and/or relating to this agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the COUNTY Indemnitees.

COUNTY shall indemnify, defend and hold harmless CONTRACTOR, its employees, agents and volunteers (“Indemnitees”) from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from and/or relating to this agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the CONTRACTOR Indemnitees.

MEMORANDUM OF UNDERSTANDING NO. 22-23

10.NOTICES
All notices, reviews, approvals and other communications contemplated under this MOU shall be in writing and will be deemed properly given and received (a) when actually given and received, if delivered in person to a PARTY who acknowledges receipt in writing; or (b) one (1) business day after deposit with a private courier or overnight delivery service, if such courier or service obtains a written acknowledgment of receipt; or (c) three (3) business days after deposit in the United States mails, certified or registered mail with return receipt requested and postage prepaid; it being understood and agreed that the period for any approval as contemplated in this MOU shall run from the PARTY’s receipt of the documentation required for such approval as described herein with a formal written request for such approval shown thereon. The designated representatives shall be:

CONTRACTOR: First Last, Title
Dept Name
Street Address
City, CA Zip
Email: Insert email address
COUNTY: Ashlee Oh, Project Director
Chief Executive Office, Homeless Initiative
500 W. Temple Street, Suite 493
Los Angeles, CA 90012
Email: [email protected] and
[email protected]

11.RECORDS MAINTENANCE
CONTRACTOR shall maintain, and permit on-site inspections of such property, personnel, financial and other records and accounts as are considered necessary by the COUNTY to assure proper accounting for the CCOGIHS Program Funds allocated by the County to CONTRACTOR during the term of this MOU and for a period of five (5) years after final payment is made using Program Funds in compliance with the HHAP guidelines and instructions on records retention, and any other applicable laws or regulations. CONTRACTOR will ensure that its employees and its subrecipients furnish such information, which, in the judgment of COUNTY representatives, may be relevant to a question of compliance with contractual conditions, with COUNTY or granting agency directives, or with the effectiveness, legality, and achievements of the State Budget Act.

12.RECORDS INSPECTION
In accordance with State or Federal law and pursuant to this MOU, at any time during normal business hours and as often as either the COUNTY, its designees, Federal

MEMORANDUM OF UNDERSTANDING NO. 22-23

or State of California may deem necessary, CONTRACTOR must make available for examination all of its records with respect to all matters covered by this MOU. The COUNTY, or its designees, or the Federal or State government each have the authority to audit, examine and make excerpts or transcripts from records, including all CONTRACTOR's invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this MOU.

CONTRACTOR agrees to provide any reports requested by the COUNTY regarding performance of this MOU. With respect to inspection of CONTRACTOR’s records, the COUNTY may require that CONTRACTOR provide supporting documentation to substantiate CONTRACTOR’s costs with respect to CONTRACTOR’s use or expenditure of the Program Funds.

13.NO PARTNERSHIP OR JOINT VENTURE
This MOU does not create a partnership or joint venture between COUNTY and CONTRACTOR.

14.GOVERNING LAW
Notwithstanding anything in this MOU or elsewhere to the contrary, this MOU, shall at all times be subject to the law of the State of California and the County of Los Angeles.

15.ENTIRE MOU
Subject to the formalized agreements that may result from this MOU, this MOU and attachments constitute the entire understanding and agreement between the PARTIES hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. Except for agreements that have been executed between the PARTIES as of the Effective Date, prior agreements, representations, negotiations, and understandings of the PARTIES hereto, oral or written, express or implied, are hereby superseded.

16.COUNTERPARTS.

This MOU may be executed simultaneously in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Handwritten signatures to this MOU transmitted by telecopy or electronic transmission (for example, through use of a Portable Document Format or “PDF” file) shall be valid and effective to bind the PARTY so signing. Each PARTY agrees to promptly deliver to the other PARTIES an executed original of this MOU with its actual signature, but a failure to do so shall not affect the enforceability of this MOU, it being expressly agreed that each PARTY to this MOU shall be bound by its own telecopied or electronically transmitted handwritten signature and shall accept the telecopied or electronically transmitted handwritten signature of the other PARTY to this MOU.

MEMORANDUM OF UNDERSTANDING NO. 22-23

17.OVERPAYMENTS
If upon audit, or at any time during the Agreement term, it is determined that invoices submitted to the COUNTY which were used as a basis for payments to the CONTRACTOR were inaccurate, COUNTY shall determine the total overpayment and require the CONTRACTOR to repay COUNTY. The COUNTY may withhold payments from CONTRACTOR’s future payment for any amounts not returned to the COUNTY or credited to the MOU unless otherwise prohibited by State or federal regulations.

18.STATUTES AND REGULATIONS APPLICABLE TO STATE BUDGET ACT a. CONTRACTOR must comply with all applicable requirements of State, Federal, and County of Los Angeles laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement.
b. CONTRACTOR must comply with applicable State and Federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. CONTRACTOR must comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this MOU.

Compliance with this Section 18 and any auditing or reporting requirements shall be at no additional cost to the COUNTY, unless authorized otherwise in writing.

These requirements include, but are not limited to:
i. Compliance with Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principals, and Audit Requirements for Federal Awards, also known as the "Super Circular". The Catalog Federal Domestic Assistance number is 21.019.
ii. Compliance with the Single Audit Act (31 U.S.C. §§ 7501-7507) and the related provisions of the Uniform Guidance, 2 C.F.R. § 200.303 regarding internal controls, §§ 200.330 through 200.332 regarding Subrecipient monitoring and management, and subpart F regarding audit requirements, and any administrative regulation or field memoranda implementing the Single Audit Act.
c. None of the Program Funds, materials, property or services provided directly or indirectly under this MOU may be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Program Funds provided under this MOU may not be used for any purpose designed to support or defeat any pending legislation or administrative regulation. CONTRACTOR must comply with applicable State and Federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. d. CONTRACTOR must comply with all applicable State and Federal laws and regulations pertaining to confidentiality of client records.

MEMORANDUM OF UNDERSTANDING NO. 22-23

19.SUBCONTRACTING
a. The requirements of this MOU may not be subcontracted by CONTRACTOR without the advance approval of the COUNTY. Any attempt by CONTRACTOR to subcontract without the prior notification to COUNTY may be deemed a material breach of this MOU.
b. If CONTRACTOR desires to subcontract, CONTRACTOR shall provide the following information promptly at COUNTY’s request:

1. A description of the work to be performed by the Subcontractor;

2. A draft copy of the proposed subcontract; and

3. Other pertinent information and/or certifications requested by COUNTY.
c. The CONTRACTOR shall indemnify and hold the COUNTY harmless with respect to the activities of each and every Subcontractor in the same manner and to the same degree as if such Subcontractor(s) were the CONTRACTOR employees. d. The CONTRACTOR shall remain fully responsible for all performances required of it under this MOU, including those that the CONTRACTOR has determined to subcontract, notwithstanding the COUNTY’s approval of the CONTRACTOR’s proposed subcontract.
e. The COUNTY’s consent to subcontract shall not waive the COUNTY’s right to prior and continuing approval of any and all personnel, including Subcontractor employees, providing services under this MOU. The CONTRACTOR is responsible to notify its Subcontractors of this COUNTY right.
f. The COUNTY’s Project Director is authorized to act for and on behalf of the COUNTY with respect to approval of any subcontract and Subcontractor employees.

After approval of the subcontract by the COUNTY, CONTRACTOR shall forward a fully executed subcontract to the COUNTY for their files. g. The CONTRACTOR shall be solely liable and responsible for all payments or other compensation to all Subcontractors and their officers, employees, agents, and successors in interest arising through services performed hereunder, notwithstanding the COUNTY’s consent to subcontract.
h. The CONTRACTOR shall obtain certificates of insurance, which establish that the Subcontractor maintains all the programs of insurance required by the COUNTY from each approved Subcontractor. The CONTRACTOR shall ensure delivery of all such documents to:

MEMORANDUM OF UNDERSTANDING NO. 22-23

Ashlee Oh, Project Director
Chief Executive Office, Homeless Initiative
500 W. Temple Street, Suite 493
Los Angeles, CA 90012
Email: [email protected] and
[email protected]
before any Subcontractor employee may perform any work hereunder.

IN WITNESS THEREOF, the Parties have caused this MOU to be executed by their duly authorized agents as of this ____ day of __________ 2022.

MEMORANDUM OF UNDERSTANDING NO. 22-23

COUNTY OF LOS ANGELES
By______________________________ Printed_____________________ FESIA A. DAVENPORT
Chief Executive Officer
APPROVED AS TO FORM:

DAWYN R. HARRISON
Acting County Counsel

By______________________________ Printed_____________________ Deputy County Counsel

CITY OF MONTEBELLO
By______________________________ Date_______________________ City Administrative Officer
APPROVED AS TO FORM:

City Attorney
By______________________________ Printed_____________________ ATTEST:
, City Clerk
By______________________________ Date_______________________ Deputy City Clerk
Attached:

Exhibits A-D

INSERT DATE

EXHIBIT A

PROGRAM DESCRIPTION AND GOALS
Program Fund recipients shall abide by the following program goals as parameters.

1. The Program Fund recipient will operate 30 interim housing beds during the MOU term.

2. Program will serve at least 105 unduplicated clients per year.

3. The Program will maintain an overall 95% occupancy rate for each month of operation beginning 30 days after the CCOGIHS funded beds are opened.

4. Within 30 days of contract execution, Program Fund recipient will submit a procedure to make beds available regionally when occupancy falls below 95%.

5. The Program will have a minimum of 40% of Program participants exit to permanent housing at time of Program exit.

6. Within 60 days of contract execution, Program Fund recipient will submit a Partnership Plan describing how it will partner with Los Angeles Homeless Services Authority and County Departments in securing permanent housing for the Program clients to transition to.

7. The Program will identify and secure at least 10 permanent housing units for the Program clients to exit to during the MOU term.

Commented [lc1]: Deputy Director felt more
comfortable committing to 10. She wasn't able to attend our first meeting.

INSERT DATE

EXHIBIT B

PROGRAM BUDGET

PROGRAM BUDGET
City of Montebello
Cities and Councils of Governments Interim Housing Services Program Program Budget
PERSONNEL FTE Budget
Senior Program Manager 0.25 22,417.20
Program Manager 1.0 65,832
Case Manager 1.0 43,180.80
Custodian 1.0 36,316.80
Resident Aide 5.0 186,264
Peer Support Monitor 5.0 205,504
Salaries Subtotal 559,514.80
Employee Benefits @ _26__% 145,473.80
Subtotal Salaries & Employee Benefits$704,988.60

SERVICES AND SUPPLIES
Client/Member Expenses 1,044.21
Equipment Lease
Maintenance/Janitorial
Program Supplies
Office Supplies, Postage, Printing 7,500
Security
Staff Mileage/Parking
Staff Training/Development
Telephone/Communications 4,517.14
Trash/Waste Disposal
Transportation
Vehicle Maintenance & Insurance
Meals (3x/day) 96,630
Subtotal Services and Supplies$109,691.40

ADMINISTRATIVE
Administrative Overhead (7%) 61,320
Subtotal Administrative Overhead$61,320
TOTAL PROGRAM BUDGET $876,000
Commented [AO2]: (List shelter operator’s positions
below)
Commented [AO3]: Sample itemized budget listed
here

INSERT DATE

EXHIBIT C
Expenditure Reporting

INSERT DATE

INSERT DATE

INSERT DATE

EXHIBIT D
COVID-19 Vaccination Certification of Compliance
Urgency Ordinance, County Code Title 2 – Administration, Division 4 – Miscellaneous – Chapter 2.212 (COVID-19 Vaccinations of County Contractor Personnel)

I, ______________________________, on behalf of
_______________________________, (the “Contractor/CITY”), certify that on

MEMORANDUM OF UNDERSTANDING BETWEEN

COUNTY OF LOS ANGELES AND XXXXXX FOR INTERIM HOUSING

SERVICES
____ All Contractor/CITY Personnel* on this MOU are fully vaccinated as required by the Ordinance.

____ Most Contractor/CITY Personnel* on this MOU are fully vaccinated as required by the Ordinance. The Contractor/CITY or its employer of record, has granted a valid medical or religious exemption to the below identified Contractor/CITY Personnel.

Contractor/CITY will certify weekly that the following unvaccinated Contractor/CITY Personnel have tested negative within 72 hours of starting their work week under the County MOU, unless the contracting County department requires otherwise. The Contractor/CITY Personnel who have been granted a valid medical or religious exemption are [LIST ALL CONTRACTOR/CITY PERSONNEL]:

*Contractor/CITY Personnel includes subcontractors.
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ I have authority to bind the Contractor/CITY, and have reviewed the requirements above and further certify that I will comply with said requirements.

_________________________________ _____________________________ _________________________________ _________________________________ Signature Date

_________________________________
Title

__________________________________
CITY/Contractor Name

ITEM # 21

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, P.E., City Manager
BY:

Adrianna Kendricks, Director of Transportation
SUBJECT: AMEND THE TRANSPORTATION DEPARTMENT CAPITAL
IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2022-23

DATE: October 12, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1) Adopt the Transportation Department Capital Improvement Program (CIP) budget for Fiscal Year 2022-23, for a total amount of $10,550,644; and

2) Authorize Staff to amend the adopted FY 2022-23 budget to include appropriations in the various accounts as detailed in Attachment “A”, “Transportation Capital Improvement Program;” and

3) Take such additional, related, action that may be desirable.

FISCAL IMPACT:

The Transit Capital Improvement Program (CIP) (Attachment “A”) is funded by federal, state, and local grant awards. Appropriation of these funds will allow previously approved CIP projects to have remaining project funds re-appropriated and available in Fiscal Year 2022-23 (i.e., carryover amounts). In addition, major parts of the CIP will be expanded over multiple fiscal years with some projects in the initial stages. The total amount of $10,550,644 is a carryover from the prior year’s CIP budget. Attachment “A” lists the eight (8) CIP projects and their funding sources, and the specific accounts which will be amended.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF OCTOBER 12, 2022

This carryover process is standard in most municipalities and represents best practice, re-appropriating unspent or unencumbered funds in the subsequent fiscal year (FY 2022- 23) for use on previously approved CIP projects. The carryover process naturally occurs after year-end (FY 2021-22), when an accurate accounting of expenses is available for the prior year and any remaining budget can be re-appropriated.

Finance and Transit staff have worked together to develop a carry-over list for FY 2022- 23 (Attachment A). Each of the projects listed will continue into FY 2022-23, some have already begun and others may begin in the current fiscal year. Regardless of their current status, Transit staff has determined that the "Carry Over Budget" amount listed on Attachment A is needed in order to continue progress on each project listed.

BACKGROUND:

A part of the annual budget development process is for the City Council to adopt a yearly CIP budget encompassing projects across all departments and functional areas.

Transportation has identified $10,550,644 in grant-funded projects that were previously approved and have available budget for FY 2022-23. The Transportation CIP is funded using various revenue sources: Metro Local Return, State PTMISEA, Gas Tax, Measure R, Federal Transit Administration (FTA), and SB1 (State of Good Repairs Program).

ENVIRONMENTAL IMPACT:

There is no environmental impact.

ANALYSIS:

N/A

DISCUSSION:

N/A

SUMMARY:

Staff recommends that the City Council adopt the Transportation Department Capital Improvement Program budget for FY2022-23, for a total amount of $10,550,644; approve amending the adopted FY 2022-23 budget to include appropriations in the various accounts as detailed in Attachment “A”; and take such additional related, action that may be desirable.

ATTACHMENT(S)

1. Attachment A - FY 2022-23 Transportation Capital Improvement Program Budget

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF OCTOBER 12, 2022

NEXT STEPS:

N/A

Item # Project Name Description GL org set Project # Funding Source FY 2021-2022
Carry Over
Budget
FY 2022-23 New
Appropriations Project Total
Optibus Software Scheduling and Support Services 270-9061-2017-090 600.102.10 FTA 27,689 270-9061-2017-090 600.102.20 FTA_TDC 6,922 34,611$ 270-9064-2022-200 600.2023.03 FTA 174,122
270-9064-2022-201 600.2023.03 FTA_TDC 43,530 217,652$ 270-9063-2018-200 600.2023.01 FTA 3,499,977
270-9063-2018-201 600.2023.01 FTA_TDC 874,994 202-922-2018 600.2023.01 SB1 STA 18/19 410,247 4 Clean Fuel- Associated Capital
Maintenance (ACM)
Bus components: transmissions,
engines, axles, etc. fro clean fuel
vehicles.
270-9045-2022-050 600.400.06 Measure R (Clean Fuel &
Facilities)
186,606
186,606$
270-9042-2018-005 600.600.01 STATE PTMISEA 519 270-9063-2018-005 600.600.01 FTA 1,000,265
270-9063-2018-005 600.600.01 FTA_TDC 250,066 270-9060-2013-063 600.82.10 FTA 733,589
270-9060-2013-063 600.82.40 FTA_TDC 222,426 270-9060-2013-063 600.82.20 STATE PTMISEA 52,045 270-9064-2022-200 600.400.02 FTA 2,030,305
270-9064-2022-201 600.400.02 FTA_TDC 507,576 202-921-2017 600.202.18 SB1 SGR 17/18 5,583 270-9063-2018-003 600.15.10. FTA 19,346
270-9063-2018-003 600.15.30 FTA_TDC 4,837 270-9064-2022-200 600.2023.02 FTA 400,000
270-9064-2022-201 600.2023.02 FTA_TDC 100,000 10,550,644$ -$ 10,550,644$
2 Bus Security Equipment

ATTACHMENT A
October 12, 2022
3 CNG Bus Purchase- 7 Buses
Goodyear tire lease program for bus
fleet
City of Montebello
Transit Capital Program, Fiscal Year 2022-2023
1 Purchase of five (7) CNG buses to
replace buses that have met their
useful life.
4,785,218$
Tire Lease
1,250,850$
5 1,008,060$
7 524,183$
2,543,464$
Preventative Maintenance that
prolongs the lifespan of transit assets
Associated Capital Maintenance
(ACM)
Bus components: transmissions,
engines, axles, etc.
6 Citywide Bus Stop Amenity
Totals
Preventive Maintenance (PM)
8 Replace and redesign all bus stops
with City's new logo amenities
Update of security equipment on
board MBL buses; Complete
Installation of Video Surveillance
System on Bus Fleet

ITEM # 22

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, P.E., City Manager
BY:

Michael Solorza, Director of Finance
SUBJECT: APPROVE PURCHASE AND/OR LEASE OF FLEET VEHICLES FOR

POLICE, FIRE, PUBLIC WORKS, PARKS AND RECREATION AND

TRANSIT DEPARTMENTS

DATE: October 12, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1) Approve the lease/purchase of twenty-one (21) vehicles and necessary equipment and installation services in the amount of $1,438,092; and

2) Authorize the City Manager to approve up to an additional ten (10) percent of the estimated total purchase price ($143,809), if needed, to account for uncertain market factors affecting the final price; and

3) Take any additional actions necessary to effectuate the procurement of the vehicles.

FISCAL IMPACT:

The estimated total amount to procure the necessary vehicles is $1,581,902 ($1,438,092 + $143,809). This total estimated amount includes the cost of each base vehicle, required outfitting (i.e., emergency lights, customized truck beds, etc.), and a ten (10) percent contingency in the event of a price increase due to uncertain market conditions. Given the current state of vehicle supply chains across the country, and the extremely long lead time needed for any customized vehicle, the addition of a ten percent contingency is required.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF OCTOBER 12, 2022

Funds for these purchases were budgeted as part of the Fiscal Year 2022-23 budget process. Departments submitted supplemental requests, and given budget capacity and priorities, appropriations were included in the adopted budget. The FY 2022-23 budget includes a total of $1,214,527 in appropriations across three funds for the proposed vehicles (General Fund, Asset Forfeiture and AQMD):

At the time of budget development, Department staff utilized the most current information available to provide estimated costs for each vehicle requested in the supplemental budget process. In the ensuing recent months, since those supplemental requests were provided, costs have gone up, especially for any vehicle requiring modification, customization or upfitting.

There is an additional $367,375 that is estimated to be needed to purchase the twenty- one vehicles: $1,581,902 - $1,214,527. At this time, no budget adjustment is being requested. Staff is requesting approval to move forward with establishing purchase orders to acquire the vehicles for Police, Fire, Public Works, Parks and Recreation and Transit. Once final prices are established, as necessary, Staff will return to the City Council for budget adjustments in the specific funds/accounts.

BACKGROUND:

As part of the Fiscal Year 2022-23 Budget process, approximately $1.8 Million was included for supplemental items across all City Departments. This request included $1,214,527 for new and replacement vehicles to support operations within the Fire, Parks and Recreation, Police, and Public Works Departments.

Staff recently received estimates for all necessary vehicles totaling $1,581,902, including from local Ford and Chevrolet dealers in the City of Montebello. The requested funds would be used to purchase twenty-one (21) vehicles assigned to the departments mentioned above, as well as a service vehicle for Transit that was not part of the original supplemental budget request approval. The vehicles would either replace those that are too costly to maintain and repair or supplement the City’s fleet to allow for the expansion of City services. The majority of requested vehicles would replace aging and outdated vehicles that have proven too costly to maintain and/or are unsafe to operate.

Staff have reached out to National Auto Fleet Group and Chevrolet and Ford of Montebello to gauge the price and availability of the specific vehicles needed. For National Auto Fleet Group, they are providing all pricing via their purchase agreement(s) with other public agencies. The pricing associated with these agreements was obtained utilizing competitive processes, and staff has received authorization to use the same terms, conditions, and pricing. The City can purchase items and services using a

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF OCTOBER 12, 2022

competitively bid agreement from another public agency under Montebello Municipal Code 3.20.050G, Conformance with Bidding Procedures, which states:

Purchases of supplies and equipment for city use shall be made and accomplished in conformity with Section 3.20.080 or Section 3.20.090 except:

Piggyback Purchase - If the Purchasing Officer determines it to be in the best interest of the City, the Purchasing Officer is authorized to "piggyback" onto or join into an existing written purchase contract obtained through a competitive bidding process prepared by and awarded by another local, state or federal government agency.

In the past two years, Staff has procured vehicles – through purchases and leases – using this or similar cooperative purchase agreements. For example, the Police Department recently procured seven (7) patrol vehicles through a cooperative lease agreement.

City staff has contacted vendors who have communicated an inventory shortage is being experienced, similar to the previous fiscal year. Vehicles requested are not readily available and require ordering from the manufacturer. If vehicles are ordered today, manufacturers estimate an approximate six (6) to nine (9) month delivery timeframe. In addition, due to the fluctuating cost of parts to manufacture vehicles, the final purchase price may change before delivery. As described above, as final pricing is confirmed, Staff will return to the City Council with budget adjustment requests where additional appropriations would be needed.

Due to the uncertain nature of final pricing given the current state of the automotive market, it is requested that the City Manager be given authority to approve up to an additional ten (10) percent ($143,809) over the estimated purchase price to account for market factors that may affect the final purchase price. Including the additional ten (10) percent, the total not-to-exceed amount is $1,581,902 to purchase and/or lease the twenty-one vehicles.

Authorizing the purchase of these vehicles is required to reserve inventory at the best pricing. Upon review and approval of the final pricing, the City Manager will authorize issuing a purchase order to encumber funds and proceed with the purchase. With City Council approval, Staff will reach out to Ford and Chevrolet and Montebello first when looking to acquire vehicles. Given the specific needs of some departments, it is possible a vehicle cannot be purchased from a local dealer. In that instance, staff will utilize the National Auto Fleet Group contract. All efforts will be made to purchase locally when it makes financial and operational sense.

ENVIRONMENTAL IMPACT:

There is no environmental impact.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF OCTOBER 12, 2022

ANALYSIS:

N/A

DISCUSSION:

N/A

SUMMARY:

Staff recommends that the City Council approve the lease/purchase of vehicles for essential City operations in the amount of $1,581,902. This amount includes the cost of twenty-one (21) vehicles, items and services necessary for outfitting some vehicles, and a ten (10) percent contingency to account for unknown market factors affecting the final purchase price, with the understanding that staff will reach out to the City's two local dealers (Chevolet and Ford of Montebello) first in an effort to acquire the vehicles locally.

ATTACHMENT(S)

1. Attachment A - Vehicle Purchases - Budget Summary

2. Attachment B - Sourcewell Contract

NEXT STEPS:

N/A

Supplemental Vehicle Requests, FY 2022-23 ATTACHMENT A
Budget Summary

DEPARTMENT FUND VEHICLE ACCOUNT (G/L) AMOUNT
TOTAL
BUDGETED (by
Fund)
FIRE
GENERAL FUND Ford F-150 LARIAT 100-85-850-6082 56,370
GENERAL FUND Ford Utility Vehicles (x) 100-85-870-6082 93,600 149,970

PARKS AND RECREATION
AQMD Ford Escape SE Plug-In Hybrid FWD 245-99-6082 42,000 AQMD Ford Escape SE Plug-In Hybrid FWD 245-99-6082 42,000 84,000 GENERAL FUND Ford Transit Passenger Wagon 100-70-710-6082 56,000 56,000 POLICE
ASSET FORFEITURE Dodge Charger 230-99-6082 47,500
ASSET FORFEITURE Chevrolet Tahoe 230-99-6082 70,000
ASSET FORFEITURE Ford Explorer 230-99-6082 59,260
ASSET FORFEITURE Ford Explorer 230-99-6082 59,260
ASSET FORFEITURE Ford Explorer 230-99-6082 59,260
ASSET FORFEITURE Ford Explorer 230-99-6082 59,260
ASSET FORFEITURE Ford Explorer 230-99-6082 59,260
ASSET FORFEITURE Toyota Camry Hybrid 230-99-6082 42,500 456,298 AQMD Toyota Highlander Hybrid 245-99-6082 36,259
AQMD Toyota RAV-4 Hybrid 245-99-6082 47,500
AQMD Chevrolet Traverse 245-99-6082 39,500 123,259 GENERAL FUND Field Work 100-30-330-6082 35,000
GENERAL FUND Super Cab 100-30-310-6082 45,000
GENERAL FUND Dump Truck (x) 100-30-310-6082 140,000
GENERAL FUND Truck with Tommy Gate 100-30-310-6082 60,000 GENERAL FUND Truck with Service Body 100-30-310-6082 65,000 345,000 1,214,527
GENERAL FUND 550,970
ASSET FORFEITURE 456,298
AQMD 207,259
1,214,527

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Solicitation Number: RFP #091521

CONTRACT

This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT

A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 8, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES

A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. 






 






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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be 






 






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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; 






 






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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell 






 






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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:








 






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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased 






 






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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.







 






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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, 






 






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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.








 






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14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract. 






 






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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms 






 






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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is 






 






091521-NAF

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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.








 






091521-NAF

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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. 






 






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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names 






 






091521-NAF

Rev. 3/2021 16

of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation 






 






091521-NAF

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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.








 






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22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell 72 Hour LLC dba: National Auto
Fleet Group

By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper
Title: Chief Procurement Officer Title: Fleet Manager

Date: ________________________

Date: ________________________

Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________








 











 















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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC







 






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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC







 






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RESOLUTION NO. 22-83

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO

APPROVING AND ALLOWING CERTAIN CLAIMS AND DEMANDS

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

SECTION 1. That the reference is hereby made to that certain Reg ister of Audited Demand No.1539, consisting of 8 pages, and including:

Warrant No.

General: Checks No. 597705 through 597828
ACH No. 2921 through 2990

Successor Agency: Check No. 1495 through 1495
Successor Agency: ACH No. 9 through 9

On file in the office of the City Clerk, the same having been audited and approved by the Assistant Director of Finance as required by law.

SECTION 2. That the said City Council having examined each such demand does hereby approve and direct the payment of same, as set forth in said Register, except the following Warrant No.

______________________________

______________________________

______________________________

SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.

APPROVED AND ADOPTED this 12th day of October 2022.

_______________________________
Kimberly A. Cobos-Cawthorne, Mayor

ATTEST: APPROVED AS TO FORM:

RESOLUTION NO. 22-83

 Exhibit A – Warrant Register

_______________________ ________________________________ 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 th e foregoing Resolution No.22 -83 was pa ssed 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 12th day of October 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

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME General Account
2921 09/22/2022 $144.00 CONTRACT SERVICES 1352 ADR SECURITY SYSTEMS INC 2922 09/22/2022 $34,403.00 CONTRACT SERVICES 37720 ADVANCED APPLIED ENGINEERING INC 2923 09/22/2022 $7,568.75 CONTRACT SERVICES 38010 ADVANCED AVANT-GARDE CORPORATION 2924 09/22/2022 $118,072.60 CONTRACT SERVICES 3411 AIM CONSULTING SERVICES 2925 09/22/2022 $3,513.29 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 2926 09/22/2022 $3,719.57 SUPPLIES 62880 AMERICAN MARKER 2927 09/22/2022 $18,744.44 CONTRACT SERVICES 3016 ANTARES GOLF LLC 2928 09/22/2022 $86,967.84 WATER PURCHASE RESALE 19120 CENTRAL BASIN MUNICIPAL WATER DISTRICT 2929 09/22/2022 $1,869.02 SUPPLIES 10000 CLEAN SWEEP SUPPLY CO INC 2930 09/22/2022 $125.63 SUPPLIES 438 CODE RED FIRE INC
2931 09/22/2022 $339.70 CONTRACT SERVICES 2889 COMLOCK SECURITY GROUP INC 2932 09/22/2022 $3,392.00 CONTRACT SERVICES 3025 COMPLETE LANDSCAPE CARE INC 2933 09/22/2022 $856.56 CONTRACT SERVICES 2057 EVERNORTH BEHAVIORAL HEALTH 2934 09/22/2022 $30,828.09 CONTRACT SERVICES 75950 FIESTA TAXI COOPERATIVE INC 2935 09/22/2022 $31,647.61 CONTRACT SERVICES 371 FLO-SERVICES INC 2936 09/22/2022 $2,060.00 CDBG-CV 3169 FOOTHOLD TECHNOLOGY INC 2937 09/22/2022 $100.00 TRAVEL & MEETINGS 57340 DARIN GOLTARA 2938 09/22/2022 $15,664.00 CONTRACT SERVICES 2793 IBE DIGITAL 2939 09/22/2022 $639.45 CONTRACT SERVICES 1612 JCL TRAFFIC SERVICES 2940 09/22/2022 $3,985.05 CONTRACT SERVICES 2152 JOHNSON CONTROLS INC 2941 09/22/2022 $292.50 TRAINING 102 ROBERT JOSETT
2942 09/22/2022 $450.00 CONTRACT SERVICES 16760 LIEBERT CASSIDY WHITMORE 2943 09/22/2022 $7,602.31 SUPPLIES 26670 LIFE-ASSIST INC 2944 09/22/2022 $32,736.34 CONTRACT SERVICES 3301 MATER MONTEBELLO LTD PARTNERSHIP 2945 09/22/2022 $735.13 CONTRACT SERVICES 19250 N/S CORPORATION City of Montebello
Register of Demands No. 1539
From Payment 09/16/22 - To Payment Date 09/29/22

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1539
From Payment 09/16/22 - To Payment Date 09/29/22
2946 09/22/2022 $11,525.29 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES 2947 09/22/2022 $1,500.00 EDUCATION REIMBURSEMENT 1620 VERONICA PALAFOX 2948 09/22/2022 $44,256.60 CONTRACT SERVICES 42180 PCAM LLC 2949 09/22/2022 $401.35 SUPPLIES 1120 BLUETRITON BRANDS INC 2950 09/22/2022 $15,245.97 CONTRACT SERVICES 2787 S & S LABARGE GOLF INCORPORATED 2951 09/22/2022 $38,255.88 FUEL INVENTORY 1059 AMBER RESOURCES LLC 2952 09/22/2022 $1,716.83 SUPPLIES 2686 THE SHERWIN-WILLIAMS CO 2953 09/22/2022 $183,708.67 CONTRACT SERVICES 3439 SPORTFIVE GOLF LLC 2954 09/22/2022 $1,956.09 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 2955 09/22/2022 $1,500.00 EDUCATION REIMBURSEMENT 3247 WENDY TAING 2956 09/22/2022 $385.60 UNIFORM EXPENSE 3066 V & V MANUFACTURING INC 2957 09/22/2022 $5,868.90 SUPPLIES 3088 WAXIES ENTERPRISES LLC 2958 09/29/2022 $125.00 TRAINING 3163 BANK OF AMERICA
2959 09/29/2022 $174.77 SUPPLIES 3163 BANK OF AMERICA
2960 09/29/2022 $150.00 TRAINING 3163 BANK OF AMERICA
2961 09/29/2022 $26.43 SUPPLIES 3163 BANK OF AMERICA
2962 09/29/2022 $575.00 DUES & SUBSCRIPTIONS 3163 BANK OF AMERICA 2963 09/29/2022 $652.48 SUPPLIES 3163 BANK OF AMERICA
2964 09/29/2022 $4,354.83 SUPPLIES 3163 BANK OF AMERICA 2965 09/29/2022 $6,369.21 SUPPLIES 3163 BANK OF AMERICA 2966 09/29/2022 $491.50 SUPPLIES 3163 BANK OF AMERICA
2967 09/29/2022 $1,751.70 SUPPLIES 3163 BANK OF AMERICA 2968 09/29/2022 $646.02 SUPPLIES 3163 BANK OF AMERICA
2969 09/29/2022 $3,456.80 DUES & SUBSCRIPTIONS 3163 BANK OF AMERICA 2970 09/29/2022 $313,287.58 PENSION/RETIREMENT PAYABLE 17 CAL PERS 2971 09/29/2022 $3,025.26 UNIFORM EXPENSE 20350 ALLSTAR FIRE EQUIPMENT INC 2972 09/29/2022 $35,984.81 CONTRACT SERVICES 16120 ALVAREZ-GLASMAN & COLVIN

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1539
From Payment 09/16/22 - To Payment Date 09/29/22
2973 09/29/2022 $4,636.22 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 2974 09/29/2022 $17,355.77 CONTRACT SERVICES 3016 ANTARES GOLF LLC 2975 09/29/2022 $68.36 ADVERTISING/PRINTING SERVICES 35980 SAEED RADMEHR 2976 09/29/2022 $178,405.00 CONTRACT SERVICES 74870 AVAIL TECHNOLOGIES INC 2977 09/29/2022 $1,648.47 VEHICLE MAINTENANCE/EXPENSES 1101 BLACK AND WHITE EMERGENCY VEHICLES LLC 2978 09/29/2022 $214.99 SUPPLIES 10000 CLEAN SWEEP SUPPLY CO INC 2979 09/29/2022 $3,825.41 VEHICLE MAINTENANCE/EXPENSES 270 HARBOR DIESEL AND EQUIPMENT INC 2980 09/29/2022 $124,700.08 MACHINERY & EQUIPMENTS 2793 IBE DIGITAL 2981 09/29/2022 $450.00 EDUCATION REIMBURSEMENT 2351 RYAN LANDRUM 2982 09/29/2022 $10,750.22 DUES & SUBSCRIPTIONS 15070 LEXIPOL LLC 2983 09/29/2022 $2.32 SUPPLIES 26670 LIFE-ASSIST INC
2984 09/29/2022 $8.24 SUPPLIES 1120 BLUETRITON BRANDS INC 2985 09/29/2022 $565.00 CONTRACT SERVICES 952 RELIANT IMMEDIATE CARE MEDICAL GROUP INC 2986 09/29/2022 $12,954.54 CONTRACT SERVICES 2787 S & S LABARGE GOLF INCORPORATED 2987 09/29/2022 $78,491.34 FUEL INVENTORY 1059 AMBER RESOURCES LLC 2988 09/29/2022 $10,000.00 CONTRACT SERVICES 3602 THE PUN GROUP LLP 2989 09/29/2022 $468.50 CONTRACT SERVICES 57140 UNDERGROUND SERVICE ALERT OF SOUTHERN CA 2990 09/29/2022 $685.93 SUPPLIES 3088 WAXIES ENTERPRISES LLC ACH TOTAL $1,529,079.84
597705 09/20/2022 $140.00 TRAVEL & MEETINGS 34990 SAN GABRIEL VALLEY CITY MANAGERS ASSOC 597706 09/22/2022 $25,415.00 CONTRACT SERVICES 3633 A TECH CONSULTING INC 597707 09/22/2022 $11,854.20 AFLAC OTHER 55860 AFLAC
597708 09/22/2022 $281.09 UTILITY SERVICES 39550 AT&T
597709 09/22/2022 $4,099.95 UTILITY SERVICES 39550 AT&T 597710 09/22/2022 $4,770.00 CONTRACT SERVICES 17870 THE BANK OF NEW YORK MELLON 597711 09/22/2022 $100.00 TRAVEL & MEETINGS 51780 CRAIG BARKER

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1539
From Payment 09/16/22 - To Payment Date 09/29/22
597712 09/22/2022 $6,050.00 CONTRACT SERVICES 3130 BLAIS & ASSOCIATES LLC 597713 09/22/2022 $1,688.00 CONTRACT SERVICES 243 BLACK ODOWD AND ASSOCIATES 597714 09/22/2022 $80.00 GENERAL GOVERNMENT 3826 RUBEN BORJA 597715 09/22/2022 $250.00 GENERAL GOVERNMENT 2952 GISSELLE BRAVO 597716 09/22/2022 $80.00 PARKS AND RECREATION 3829 HEIDY CACH 597717 09/22/2022 $1,088.00 PUBLIC SAFETY 58240 STATE OF CALIFORNIA-DEPARTMENT OF JUSTICE 597718 09/22/2022 $162.58 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 597719 09/22/2022 $1,390.96 UNIFORM EXPENSE 3173 HERMES CARBAJAL 597720 09/22/2022 $1,062.98 VEHICLE MAINTENANCE/EXPENSES 45170 MONTEBELLO AUTO GROUP LLC 597721 09/22/2022 $10,858.50 TRAINING 1294 CINTAS CORPORATION NO 2 597722 09/22/2022 $294.00 SUPPLIES 2212 NICHOLAS DIFATTA 597723 09/22/2022 $5,375.04 CONTRACT SERVICES 1764 COMMUNICATIONS PROFESSIONALS INC 597724 09/22/2022 $1,665.00 CONTRACT SERVICES 2019 DEWEY SERVICES INC 597725 09/22/2022 $190.00 GENERAL GOVERNMENT 3833 CHRISTINA ECONOMIDES 597726 09/22/2022 $1,006.51 SUPPLIES 7610 EWING IRRIGATION PRODUCTS 597727 09/22/2022 $311.48 MAIL/ POSTAL EXPENSE 22400 FEDERAL EXPRESS CORPORATION 597728 09/22/2022 $80.00 GENERAL GOVERNMENT 3830 ERIKA FLORES 597729 09/22/2022 $8.34 MAIL/ POSTAL EXPENSE 3167 GLS US 597730 09/22/2022 $127.31 CONTRACT SERVICES 1650 GOLDEN STATE ELEVATOR SERVICE INC 597731 09/22/2022 $250.00 GENERAL GOVERNMENT 3831 GUILLE GOMEZ 597732 09/22/2022 $12,636.48 CONTRACT SERVICES 33460 GOODYEAR TIRE & RUBBER COMPANY 597733 09/22/2022 $3,364.81 CONTRACT SERVICES 9390 HDL SOFTWARE LLC 597734 09/22/2022 $866.22 EDUCATION REIMBURSEMENT 3542 GUADALUPE HERNANDEZ 597735 09/22/2022 $517.80 EDUCATION REIMBURSEMENT 568 JUAN M HERNANDEZ 597736 09/22/2022 $1,689.00 CONTRACT SERVICES 3235 ION SECURITY SYSTEMS 597737 09/22/2022 $7,030.25 CONTRACT SERVICES 3302 JACOB GREEN & ASSOCIATES INC 597738 09/22/2022 $650.00 CONTRACT SERVICES 2942 JAIROS PLUMBING INC

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1539
From Payment 09/16/22 - To Payment Date 09/29/22
597739 09/22/2022 $1,994.92 LEASE PAYMENT 2405 JCB FINANCE 597740 09/22/2022 $200.00 TRAVEL & MEETINGS 18760 FEDERICO JIMENEZ 597741 09/22/2022 $120.00 CONTRACT SERVICES 3383 KELLER TRANSLATION DEVELOPMENT SERVICE LLC 597742 09/22/2022 $7,206.01 CONTRACT SERVICES 4810 LA COUNTY DEPT OF PUBLIC WORKS 597743 09/22/2022 $698.60 PERMITS AND FEES 56850 LOS ANGELES COUNTY FIRE DEPARTMENT 597744 09/22/2022 $1,022.00 PERMITS AND FEES 56850 LOS ANGELES COUNTY FIRE DEPARTMENT 597745 09/22/2022 $11,751.92 MISCELLANEOUS EXPENSE 28440 LOS ANGELES COUNTY TAX COLLECTOR 597746 09/22/2022 $2,875.00 CONTRACT SERVICES 3723 MAJESTIC FIRE PROTECTION 597747 09/22/2022 $1,300.00 CONTRACT SERVICES 26370 NAVARROS TOWING SERVICE 597748 09/22/2022 $3,862.25 CONTRACT SERVICES 3526 PATH 597749 09/22/2022 $40.00 PARKS AND RECREATION 3828 MARISSA PEDROZA 597750 09/22/2022 $20.77 UTILITY SERVICES 36610 CITY OF PICO RIVERA 597751 09/22/2022 $800.00 TRAINING 979 PRADO FAMILY SHOOTING RANGE 597752 09/22/2022 $121.26 SUPPLIES 56260 PRUDENTIAL OVERALL SUPPLY 597753 09/22/2022 $440.00 CONTRACT SERVICES 42750 PSYCHOLOGICAL CONSULTING ASSOCIATES INC 597754 09/22/2022 $80.00 PARKS AND RECREATION 3827 ERIKA RAMIREZ 597755 09/22/2022 $574.40 SUPPLIES 3836 RAYMOND GLASS INC. 597756 09/22/2022 $25,400.00 CONTRACT SERVICES 2535 REMIX SOFTWARE INC 597757 09/22/2022 $13,488.00 CONTRACT SERVICES 2944 RESERV CONSTRUCTION 597758 09/22/2022 $2,622.27 CONTRACT SERVICES 673 SILVER & WRIGHT LLP 597759 09/22/2022 $520.00 CONTRACT SERVICES 68000 JORGE SOTO 597760 09/22/2022 $2,304.52 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 597761 09/22/2022 $2,651.87 UTILITY SERVICES 40520 SOUTHERN CALIFORNIA GAS CO 597762 09/22/2022 $18,350.46 FRINGE BENEFITS 25850 STANDARD INSURANCE COMPANY 597763 09/22/2022 $429.04 CONTRACT SERVICES 1963 SUEZ WTS SERVICES USA INC 597764 09/22/2022 $200.00 DUES & SUBSCRIPTIONS 526 T-MOBILE USA INC 597765 09/22/2022 $671.80 SUPPLIES 2573 TELEFLEX LLC

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1539
From Payment 09/16/22 - To Payment Date 09/29/22
597766 09/22/2022 $926.06 CONTRACT SERVICES 13580 TENNANT SALES AND SERVICE CO 597767 09/22/2022 $6,429.23 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC 597768 09/22/2022 $970.90 CONTRACT SERVICES 71210 STAR-DUST TOURS INC 597769 09/22/2022 $40.00 PARKS AND RECREATION 3825 ISRAEL TORRES 597770 09/22/2022 $3,954.80 UTILITY SERVICES 72570 US TELEPACIFIC CORP 597771 09/22/2022 $602.85 CONTRACT SERVICES 64140 TURNOUT MAINTENANCE COMPANY LLC 597772 09/22/2022 $9,017.69 SUPPLIES 45120 ULINE INC
597773 09/22/2022 $653.44 SUPPLIES 131 UNITED SITE SERVICES INC 597774 09/22/2022 $11,895.80 CONTRACT SERVICES 37 US SECURITY ASSOCIATES INC 597775 09/22/2022 $500.00 CONTRACT SERVICES 3839 JOSE VASQUEZ 597776 09/22/2022 $100.00 GENERAL GOVERNMENT 3832 DANIEL VILLANUEVA LUNA 597777 09/22/2022 $2,910.53 VEHICLE MAINTENANCE/EXPENSES 25860 WAYNE HARMEIER INC 597778 09/22/2022 $2,698.92 SUPPLIES 33390 WHITTIER FERTILIZER COMPANY 597779 09/29/2022 $3,400.00 CONTRACT SERVICES 3824 AAA RENTS AND EVENTS INC 597780 09/29/2022 $4,004.36 UTILITY SERVICES 1732 AT&T CORP 597781 09/29/2022 $2,932.53 UTILITY SERVICES 38380 AT&T 597782 09/29/2022 $5,464.18 UTILITY SERVICES 39550 AT&T 597783 09/29/2022 $59.25 UTILITY SERVICES 39550 AT&T
597784 09/29/2022 $620.00 VEHICLE MAINTENANCE/EXPENSES 278 ATLAS RADIATOR INC 597785 09/29/2022 $1,863.45 CONTRACT SERVICES 2589 AXON ENTERPRISE INC 597786 09/29/2022 $47,786.88 SUPPLIES 3649 BBI BEAU BUREAUX INTERIORS 597787 09/29/2022 $400.00 CONTRACT SERVICES 3659 MARSHALL L BRIZENDINE 597788 09/29/2022 $448.15 CONTRACT SERVICES 36870 CINTAS CORPORATION NO 3 597789 09/29/2022 $404,291.97 CONTRACT SERVICES 2530 CJ CONCRETE CONSTRUCTION INC 597790 09/29/2022 $2,035.00 CONTRACT SERVICES 3204 COASTAL OCCUPATIONAL MEDICAL GROUP 597791 09/29/2022 $2,269.45 SUPPLIES 2455 HASA, INC.
597792 09/29/2022 $215.00 ADVERTISING/PRINTING SERVICES 1354 DAILY JOURNAL CORPORATION

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1539
From Payment 09/16/22 - To Payment Date 09/29/22
597793 09/29/2022 $45,599.80 OTHER GROUP INSURANCE PAYABLE 4110 DELTA DENTAL OF CALIFORNIA 597794 09/29/2022 $40.00 PARKS AND RECREATION 3841 TOMAS FRANCO DIAZ 597795 09/29/2022 $25,508.00 CONTRACT SERVICES 3213 GEO-COMM INC 597796 09/29/2022 $51.24 SUPPLIES 3807 VICTOR GONZALEZ
597797 09/29/2022 $263.21 VEHICLE MAINTENANCE/EXPENSES 30190 IB AUTO PARTS INC 597798 09/29/2022 $3,935.85 CONTRACT SERVICES 2763 INSIGHT PUBLIC SECTOR INC 597799 09/29/2022 $2,844.84 CONTRACT SERVICES 6690 IRRI-CARE PLUMBING AND BACKFLOW TESTING 597800 09/29/2022 $250.00 GENERAL GOVERNMENT 3840 MONICA JUAREZ 597801 09/29/2022 $240.00 CONTRACT SERVICES 3383 KELLER TRANSLATION DEVELOPMENT SERVICE LLC 597802 09/29/2022 $250.00 GENERAL GOVERNMENT 3843 MARIA LOPEZ 597803 09/29/2022 $1,154.20 CONTRACT SERVICES 3035 LA COUNTY SHERIFF'S DEPARTMENT 597804 09/29/2022 $2,149.00 PERMITS AND FEES 56850 LOS ANGELES COUNTY FIRE DEPARTMENT 597805 09/29/2022 $321.25 TRAINING 3217 JUAN MARTINEZ
597806 09/29/2022 $675.00 DUES & SUBSCRIPTIONS 2355 MONTEBELLO ROTARY CLUB 597807 09/29/2022 $7,020.57 VEHICLE MAINTENANCE/EXPENSES 54300 SHAK ENTERPRISES INC 597808 09/29/2022 $3,902.67 VEHICLE MAINTENANCE/EXPENSES 2480 SOCAL AUTO & TRUCK PARTS INC 597809 09/29/2022 $383.00 SUPPLIES 3516 NATIONWIDE MEDICAL SURGICAL INC 597810 09/29/2022 $302.53 TRAVEL & MEETINGS 58750 JOSE A OCHOA 597811 09/29/2022 $2,777.53 SUPPLIES 15620 OFFICE DEPOT INC 597812 09/29/2022 $200.00 TRAVEL & MEETINGS 832 FERNANDO PELAEZ 597813 09/29/2022 $9,580.08 CONTRACT SERVICES 3279 PROCURE AMERICA INC 597814 09/29/2022 $86.26 SUPPLIES 56260 PRUDENTIAL OVERALL SUPPLY 597815 09/29/2022 $1,044.00 CONTRACT SERVICES 2944 RESERV CONSTRUCTION 597816 09/29/2022 $6,263.43 UTILITY SERVICES 14730 SAN GABRIEL VALLEY WATER CO 597817 09/29/2022 $44,667.19 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 597818 09/29/2022 $3,652.38 UTILITY SERVICES 40520 SOUTHERN CALIFORNIA GAS CO 597819 09/29/2022 $919.51 VEHICLE MAINTENANCE/EXPENSES 168 SOUTHERN COACH MFG CO INC

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1539
From Payment 09/16/22 - To Payment Date 09/29/22
597820 09/29/2022 $1,611.00 CONTRACT SERVICES 8460 SOUTHLAND ALARM INC 597821 09/29/2022 $95.00 GENERAL GOVERNMENT 3842 DESERIE STANLEY 597822 09/29/2022 $1,850.00 CONTRACT SERVICES 3219 THE LUCKY LINCOLN LLC 597823 09/29/2022 $549.53 SUPPLIES 3110 TOMAS ALVARADO
597824 09/29/2022 $7,500.00 CONTRACT SERVICES 2699 KIM TURNER LLC 597825 09/29/2022 $16,416.00 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICE LP 597826 09/29/2022 $494.50 UTILITY SERVICES 23610 VERIZON WIRELESS 597827 09/29/2022 $190.00 CONTRACT SERVICES 3719 JERRY FLORES 597828 09/29/2022 $40.00 CONTRACT SERVICES 3719 JERRY FLORES CHECK TOTAL $914,496.60
Successor Agency (SA)
9 09/29/2022 $3,431.70 CONTRACT SERVICES 16120 ALVAREZ-GLASMAN & COLVIN ACH TOTAL $3,431.70
1495 09/29/2022 $950.00 CONTRACT SERVICES 40240 ARBITRAGE COMPLIANCE SPECIALISTS INC CHECK TOTAL $950.00
SA TOTAL $4,381.70
GRAND TOTAL $2,447,958.14

CITY OF MONTEBELLO

CALL AND NOTICE OF A SPECIAL CITY COUNCIL MEETING AGENDA

M I N U T E S

WEDNESDAY, JUNE 15, 2022 AT 5:00 P.M.

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA 90640

CALL TO ORDER – Mayor Cobos-Cawthorne called the meeting to order at 5:06 p.m.

ROLL CALL – Members present were Mayor Cobos -Cawthorne, Mayor Pro Tem Jimenez, Councilmember Torres, Councilmember Melendez, and Councilmember Peralta. City Clerk Jimenez and Treasurer Gutierrez were also present.

STAFF PRESENT – City Attorney Arnold Alvarez -Glasman, City Manager René Bobadilla, Assistant City Manager Arlene Salazar, Deputy City Clerk Alicia Fernandez, Assistant to Deputy City Clerk Kimberly Guillen.

PUBLIC COMMENTS ON AGENDA ITEMS ONLY (30 MINUTES)
The City Clerk’s Office acknowledged ten (10) members of the public wishing to address the City Council. Speakers were provided three minutes to address the City Council and said speaker cards are on file at the City Clerk’s office.

The City Clerk’s Office acknowledged seven (7) written public comments submitted to the City’s public comment email address. Said comments are on file at the City Clerk’s office.

CLOSED SESSION – None.

REGULAR SESSION – 5:00 P.M.

CORRECTIONS TO THE AGENDA – CITY MANAGER – None.

REGULAR BUSINESS

1. INTRODUCTION AND FIR ST READING OF ORDINA NCE NO. 2451 AMENDING MONTEBELLO MUNICIPAL CODE SECTION 2.08.050 OF TITLE 2, CHAPTER 2.0 8, TO

DESIGNATE CITY COUNC IL SEATS THAT WILL B E PLACED ON THE BALL OT IN THE NOVEMBER 2022 ELECTI ON AND TO RETAIN THE TW O (2) AT -LARGE COUNCIL SEATS

June 15, 2022 – Call and Notice of a Special City Council Meeting Page 2 of 4

CURRENTLY IN PLACE T HUS EXPANDING THE CI TY COUNCIL COMPOSITI ON TO SEVEN (7) MEMBERS ON A TEMPORARY BASIS

City Attorney explained the District process and how it was brought about to allow for a certain part of the community to be better represented. He also e xplained what the proposed Ordinance does and does not change. It does not change the efforts City Council conducted to receive input from the community, the by -district process, the district maps previo usly ado pted, and the composition of boundaries. He further explained that by law you cannot shorten the terms of Councilmembers Peralta and Torres and they will retain their seat for the remainder of their term until November 2024. This Ordinance would pl ace all five (5) district seats up for election in November 2022 and all voters will be allowed to participate in the electoral process without impacting or shortening the term of the other two (2) Councilmembers . The Ordinance would have five (5) members elected by district and continue to have the 2 members at large, for a temporary seven (7) member composition of the Council. The City Attorney also answered questions directed to Council during the Public Comment period.

Councilmember Melendez expressed his support on the importance of the entire community to participate in the upcoming election and reiterated that Councilmember Peralta and Councilmember Torres’ terms would not be shortened. He continued to express that this is the best and most Democrati c way to go to have complete representation in all five districts. Councilmember Melendez reiterated the points of the Ordinance that the City A ttorney touched on and directed clarifying questions to the City Attorney.

Councilmember Peralta asked the Cit y Attorney what other cities have done this . The City Attorney clarified that in his research, it was found that there were other cities that took a similar approach but to his knowledge no other city took the unique approach of retaining two (2) at large positions and five (5) by district members. The City Attorney’s office consulted with special election counsel in regards to this approach .

Councilmember Peralta expressed his concerns regarding this approach and asked the Council for their comments.

Councilmember Melendez stated that the Council would eventually meet to discuss the sequencing of the districts, as to what dis tricts would be up for election; therefore should not come as a surprise. Furthermore, Councilmember Peralta expressed her continued disagreement on this item and directed clarifying questions to the City Attorney regarding the at -large seats, special election costs, and district language as listed on the Ordinance. The City Attorney provided his legal comments.

Mayor Pro Tem Jimenez stated that she wished the residents would show up not just for moments like this but to support the C ity Manager and Staff for the work that has been accomplished in the past 3 years. She noted the l ack of support during the districting process and expressed her support of the item.

June 15, 2022 – Call and Notice of a Special City Council Meeting Page 3 of 4

Councilmember Torres expressed his disagreement on attempting to change the rules within a 24 hours’ notice and his opposition for this item in regard to all five district being placed on the ballot. Mr. Torres directed clarif ying questions to the City Attorney in regard to other cities taking similar approach and the City of Downey’s position with districting and at large seats; City Attorney Alvarez-Glasman provided his responses.

Mayor Cobos-Cawthorne noted that she was ag ainst this item from the beginning and apologized to resident Tila Gregorian for not being able to fight this item.

Councilmember M elendez motioned to introduce and conduct the First Reading of Ordinance No. 2451 to designate City Council seats that wil l be placed on the ballot in the November 2022 election and to retain the two (2) at -large Council seats currently in place thus expanding the City Council composition to seven ( 7) members on a temporary basis, and waive further reading; seconded by Mayor Pro Tem Jimenez.

Substitute motion was made by Councilmember Torres requesting that only Districts 1, 3, 5 be placed on the ballot for the November 2022 election for four (4) year terms, and that Districts 2 and 4 be placed on the ballot for the 2024 election for full four (4) year terms; motion was seconded by Councilmember Peralta but did not pass.

Substitute motion vote:

MOVED: Torres SECONDED: Peralta FAILED: 2-3-0-0

AYES: Peralta, Torres
NOES: Melendez, Jimenez, Cobos-Cawthorne
ABSTAIN: None
ABSENT: None

The original motion made by Councilmember Melendez and seconded Mayor Pro Tem Jimenez was brought back to the table and passed by the following vote:

MOVED: Melendez SECONDED: Jimenez APPROVED: 3-2-0-0

AYES: Cobos-Cawthorne, Jimenez, Melendez
NOES: Peralta, Torres
ABSTAIN: None
ABSENT: None

RECOMMENDATION: It is recommended that the City Council:

1) Introduce and conduct the First Reading of Ordinance No. 2451 (Attachment A) to designate City Council seats that will be placed on the ballot in the November 2022 election and to retain the two (2) at -large Council seats currently in place thus expanding the City Council composition to seven (7) members on a temporary basis; and
2) Take such additional, related, action that may be desirable.

June 15, 2022 – Call and Notice of a Special City Council Meeting Page 4 of 4

ADJOURNMENT
Mayor Cobos-Cawthorne adjourned in memory of El Monte Police Officer Joseph Santana and Corporal Michael Paredes. City Manager Bobadilla also gave his condolences to the El Monte Police Department. Councilmember Melendez motioned to adjourn the meetin g, seconded by Mayor Pro Tem Jimenez; motion carried unanimously and the meeting was adjourned at 6:36 p.m.

THE MINUTES OF JUNE 15, 2022 ARE HEREBY APPROVED AND ADOPTED ON THIS 12TH DAY OF OCTOBER 2022.

_____________________________________________
Alicia Fernandez, Senior Deputy City Clerk

AGENDA & NON-AGENDA

SPEAKER CARDS

*DID NOT SPEAK

AGENDA & NON-AGENDA

COMMENTS

1 Guillen, Kimberly (Admin)
From: David J. Sanchez <[email protected]>
Sent: Wednesday, June 15, 2022 5:25 AM
To: comment, ccpublic
Subject: Comment with one minor correction
Follow Up Flag: Follow up
Flag Status: Flagged
Dear City Council,

This is the lowest most underhanded level the Council Majority has ever gone by sneaking in a City Council Meeting with 24 hour notice to force Council Members Scarlet Peralta and David Torres to run just to represent the areas of the City of Montebello where they live.

This totally goes in the face of the will of Montebello voters. This is not what the California Legislature had in mind with the Districting Law. Passing this shameful item will only cause the city to have to go to court. The city will lose because the court will undoubtedly side with the voters.

This is so obviously political but I have to wonder why since the majority gets what it wants anyway.

The only explanation that makes any sense is that the majority wants to silence any critics. The majority does not want to have anyone being transparent with city business. Bottom line is that the majority wants to spend money in the dark without anyone questioning them.

I used to believe in the Mayor and the Council Member that came from nowhere to win a seat but now I’m sad to see how low and dirty they are going to silence good people like Scarlet and David.

Don’t vote for this! Let Council Members Peralta and Torres represent the districts where they live for the remainder of their terms.

David J. Sánchez
815 Perry Avenue
Montebello CA 90640

Sent from my iPhone

Sent from my iPhone

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1 Guillen, Kimberly (Admin)
From: Flor Alvarez <[email protected]>
Sent: Wednesday, June 15, 2022 9:53 AM
To: comment, ccpublic
Subject: Todays meeting.

I am writing in concern of the special meeting agenda tonight and the changing of the City Ordinance.

I do not agree with it and do not support it.

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1 Guillen, Kimberly (Admin)
From: Gilbert Juarez <[email protected]>
Sent: Wednesday, June 15, 2022 2:01 PM
To: comment, ccpublic
Subject: Public Comment Submission for Special Meeting
Dear City of Montebello,

I support the item in the agenda for all districts to be up this November election. The people of Montebello should be able to decide who their representatives will be. No appointment to any of the districts! We the people have the right to elect our own representative of our own choosing.

I have said it before, I am a proud renter in the City and my voice and needs should be reflected in the representative of my choosing.

I ask that you support in having all five districts up for election this year.

Thank You,
Gilberto Juarez

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1 Guillen, Kimberly (Admin)
From: Jesse Montes <[email protected]>
Sent: Wednesday, June 15, 2022 2:11 PM
To: comment, ccpublic
Subject: Public Comment- Agenda Item #1
City Council:

Reading item #1, I was a bit confused but now I understand. It makes a lot of sense to have all the city districts up for election at the same time. It'll be good to see more people that can help our neighborhoods. I would like to see seven council members. To me, it seems like more representation for us the people is never a problem.

Thank You,
Jesse Montes

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1 Guillen, Kimberly (Admin)
From: Valerie Cabral <[email protected]>
Sent: Wednesday, June 15, 2022 2:17 PM
To: comment, ccpublic
Subject: Public Comment Submission
Dear Honorable Mayor and Councilmembers,

Today I write in support of agenda item #1 to have all 5 newly created districts up for election. Districting is new to the residents and it's important that all of Montebello be able to vote for districts at the same time. Let this be a new start for our community and an opportunity to have more elected's to help provide resources.

Democracy wins!

Thank You,
Valerie Cabral
Resident of N. Poplar Ave, Montebello

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1 Angelina Padilla
From: Montebello-Pico Rivera Democrats <[email protected]> Sent: Wednesday, June 15, 2022 2:43 PM
To: comment, ccpublic
Subject: Public Comment Submission
The Montebello-Pico Rivera Democrats would like to express our support for all five of the newly created districts to be up for election in November 2022. We understand that if this proposal is adopted, we will have two years with seven council members. The transition from an at-large to a district-based election system has presented a unique opportunity for a fresh start for our city and we are excited about the possibility of having the voices of residents heard and the opportunity for residents to become more engaged in the election process.

By allowing all five districts to be eligible in the November 2022 election, residents will have the freedom to elect a Councilmember who will adequately address the needs of their district and secure a pathway toward effective, meaningful, and responsive representation on the dais.

Thank you.

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1 Angelina Padilla
From: Leonard Narumi <[email protected]>
Sent: Wednesday, June 15, 2022 2:57 PM
To: comment, ccpublic
Subject: First reading of Ordinance 2451 amending Montebello Municipal Code Section

2.08.050 of Title 2, Chapter 2.08
Dear Honorable Mayor, esteemed City Council Members, dedicated staff and all concerned,

As I understand it, the proposed amendment to our city's municipal code could potentially result in a scenario where a majority voting block could exist between just two of the five new voting districts. Though temporary, if passed, it would set the stage for the aforementioned hypothetical to possibly occur and, for that reason, I stand in opposition to this proposed ordinance.

If I am incorrect in my understanding of what is being considered, I apologize. That said, please carefully weigh if such an amendment would truly enhance the public trust or further erode it.

Most appreciatively and respectfully,

Leonard Narumi
Resident of newly established District 1

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CITY OF MONTEBELLO

REGULAR CITY COUNCIL MEETING

M I N U T E S

WEDNESDAY, JUNE 22, 2022 AT 5:00 P.M.

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES

CALL TO ORDER – Mayor Cobos-Cawthorne called the meeting to order at 5:05 p.m.

ROLL CALL – Members present were Mayor Cobos -Cawthorne, Mayor Pro Tem Jimenez, Councilmember Peralta, Councilmember Melendez, and Councilmember Torres. City Clerk Jimenez and Treasurer Gutierrez were also present.

STAFF PRESENT – City Attorney Arnold Alvarez -Glasman, City Manager René Bobadilla, Assistant City Manager Arlene Salazar, Senior Deputy City Clerk Alicia Fernandez, Deputy City Clerk Kimberly Guillen, and Records Coordinator Angelina Padilla.

PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
The City Clerk ’s Office called one (1) member of the public wishing to address the City Council.

Speaker was provided three minutes to address the City C ouncil and said speaker card is on file at the City Clerk’s office.

CLOSED SESSION – 5:30 P.M.

Mayor Cobos -Cawthorne recessed the meeting into Closed Session at 5:10 p.m. to consider the following closed session items:

June 22, 2022: City Council Meeting Page 2 of 16

1. THREAT TO PUBLIC SERVICES OR FACILITIES
Government Code Section 54957
Consultation with City Manager, Police Chief, City Attorney and other related City officials.

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
One matter related to SB 1383 Compliance

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 701 Whittier Blvd, Montebello CA
Agency’s Negotiator: René Bobadilla, City Manager
Negotiating Party: Jimmy’s Property
Under Negotiation: Price and Terms

3b. Government Code Section 54956.8
Property: 901 Via San Clemente, Montebello CA
Agency’s Negotiator: René Bobadilla, City Manager
Negotiating Party: Topgolf
Under Negotiation: Price and Terms

4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
D. Mora v. City of Montebello
Los Angeles Superior Court Case No. 20STCV13282

5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: City Manager René Bobadilla

Item 3b. was added to the agenda as a subsequent need matter pursuant to Government Code Section 54954.2(b)(2). It was motioned by Councilmember Torres, seconded by Mayor Pro Tem Jimenez, that the item be added; motion approved unanimously.

REGULAR SESSION – NO LATER THAN 6:00 P.M.

CLOSED SESSION REPORT

Mayor Cobos -Cawthorne reconvened the meeting at 6:09 p.m. During Closed Session the City Council received a briefing on Item No. 1, no action taken; nothing to report. The City Council received a briefing on Item No. 2, no action taken; the item will be brought back to a future meeting.

The City Council received a briefing on Item No. 3 and 3b, no action taken; nothing further to report.

The City Council r eceived a briefing on Item No. 4 , direction was provid ed to the City Attorney’s Office with possible resolution of that case; nothing to report. The City Council received a briefing on Item No. 5, no action taken; nothing to report.

June 22, 2022: City Council Meeting Page 3 of 16

INVOCATION – City Clerk Christopher Jimenez

PLEDGE OF ALLEGIANCE – Louie Paracua, USMC Veteran

CORRECTIONS TO THE AGENDA – CITY MANAGER – None.

CEREMONIAL/PRESENTATIONS

6. RECOGNITION OF CITIZEN OF THE MONTH – OLIVER JIMENEZ – Presented by Mayor Cobos- Cawthorne

7. RECOGNITION OF GARY MENDIBLES – WORK ON TINY HOMES P ROJECT – Presented by Mayor Cobos-Cawthorne

8. RECOGNITION OF PARK S AND RECREATION MON TH – Presented by Mayor Cobos - Cawthorne

9. RECOGNITION OF JUVENILE ARTHRITIS AWARENESS MONTH – Presented by Mayor Cobos- Cawthorne

10. EASTSIDE PHASE II – PRESENTED BY JENNY CRISTALES-CEVALLOS, LA METRO – Presented by Jenny Cristales-Cevallos

The Council had an opportunity to ask clarifying questions regarding the project. They thanked Jenny and staff for the presentation.

11. CODE ENFORCEMENT UPDATE – Presentation was moved to August 10, 2022.

12. NEW CITY WEBSITE REVEAL – Presented by Michael Chee, Deputy Director of Public Affairs

The Council had an opportunity to ask clarifying questions and thank ed staff for the presentation and their hard work.

13. CAPITAL IMPROVEMENT PROGR AM UPDATE – STREET PAVEMENT – Presented by James Enriquez, Director of Public Works

PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS (30 MINUTES) The City Clerk’s Office called six (6 ) members of the public wishing to address the City Council.

Speakers were provided three minutes to address the City Council and said speaker cards are on file at the City Clerk’s office.

The City Clerk’s Office acknowledged two (2) written public comments submitted to the City’s public comment email address. Said comments are on file at the City Clerk’s office.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST – Recreation and Community Services Director, David Sosnowski, announced upcoming Community Events. The events included

June 22, 2022: City Council Meeting Page 4 of 16

the conclusion of the Farmers Market; Stride for Pride Event; 5k Run/Walk, a collaborative event with the Run Montebello Run Group; Downtown Street Fest Event; and National Night Out.

PUBLIC HEARING

14. ADOPT RESOLUTION NO. 22-48, PUBLIC HEARING C ONFIRMING THE FY 202 2–2023 ENGINEER’S REPORT FOR THE ANNUAL NATASHA LANE LANDSCAPE ASSESSMENT DISTRICT NO. 2005-1 AND LEVYING SUCH ASSESSMENTS

City Attorney Alvarez-Glasman presented the item.

Mayor Cobos-Cawthorne combined Item No s. 14 and 15 and opened the Public Hearing at 9:06 p.m.

The City Clerk’s office called one (1) member of the public wishing to address the City Council for clarification on this item; speaker was provided three minutes to address the City Council.

Mayor Cobos-Cawthorne closed the Public Hearing at 9:10 p.m.

Councilmember Melendez motioned, seconded by Mayor Pro Tem Jimenez that the City Council:

1) Conduct a Public Hearing and Consider Adopting Resolution No. 22 -48 (Attachment A) Confirming the FY 2022-2023 Engineer’s Report (Attachment B) for the Annual Natasha Lane Landscape Assessment District No. 2005-1; and
2) Authorize the Levying of the FY 2022-2023 Assessments; and 3) Take such additional, related, action that may be desirable

Motion approved unanimously.

15. ADOPT RESOLUTION NO. 22 -49, PUBLIC HEARING CONFIRMING THE FY 2022 –2023 ENGINEER’S REPORT FOR THE ANNUAL NATASHA LANE SEWER AND STORM WATER PUMP ASSESSMENT DISTRICT NO. 2005-2 AND LEVYING SUCH ASSESSMENTS

The Public Hearing Portion was combined with Item No. 14.

Mayor Pro Tem Jimenez motioned, seconded by Councilmember Melendez that the City Council:

1) Conduct a Public Hearing and Consider Adopting Resolution No. 22 -49 (Attachment A) Confirming the FY 2022-2023 Engineer’s Report (Attachment B) for the Annual Natasha Lane Sewer and Storm Water Pump Assessment District No. 2005-2; and 2) Authorize the Levying of the FY 2022-2023 Assessments; and 3) Take such additional, related, action that may be desirable.

June 22, 2022: City Council Meeting Page 5 of 16

Motion approved unanimously.

16. ADOPT INTERIM URGENCY ORDINANCE NO. 2450 ESTABLISHING A 45-DAY MORATORIUM

ON THE ESTABLISHMENT , EXPANSION, OR MODI FICATION OF WAREHOUS ES,

DISTRIBUTION PLANTS, TRUCK STORAGE FACILITIES AND RELATED USES WITHIN THE CITY

OF MONTEBELLO

City Manager Bobadilla presented the item.

Mayor Cobos-Cawthorne opened the Public Hearing at 9:11 p.m.

Councilmember Peralta asked if the studies would be conducted by City Staff or if there would be a need for additional funding to hire a third party.

Director of Planning and Community Development, Joseph Palombi, informed Council that City Staff would conduct the study.

Councilmember Torres asked City Staff how the issue arose and to provide examples.

Director Palombi informed Council that a warehouse in Montebello had proposed a modification and City Staff determined that the City should adopt an Ordinance to prevent issues from arising.

Councilmember Torres asked if there would be a report coming back for Council consideration. He further asked if there would be signage or enforcement to prevent heavy trucks from driving through the residential areas . He requested to amend the Urgency Ordinance to include that the report would include recommendations for regulating the operation of commercial vehicles on residential streets includ ing signage, reporting protocols and enforcement.

City Manager Bobadilla informed the Council that the City only has 45 days to conduct the study and that Councilmember Torres’s recommendation can be taken into consideration at a later time.

City Attor ney Alvarez -Glasman suggested that Council adopt the Urgency Ordinance and then direct staff to report on additional information that is being requested by Council regarding impacts created by commercial vehicles.

Mayor Cobos-Cawthorne closed the Public Hearing at 9:19 p.m.

Councilmember Torres motioned, seconded by Councilmember Peralta that the City Council:

1) Adopt interim Urgency Ordinance No. 2450 establishing a 45 -day moratorium on the establishment, expansion, or modification of warehouses, distribution plants, truck storage facilities and related uses that are located within the City of Montebello; and

June 22, 2022: City Council Meeting Page 6 of 16

2) Take such additional and/or related, action that may be desirable.

Motion carried unanimously.

17. ADOPT RESOLUTION NO. 22-52 APPROVING THE HOUSING ELEMENT UPDATE FOR THE 2021-2029 PLANNING PERIOD (6TH CYCLE REGIONAL HOUSING NEEDS ALLOCATION)

Director Palombi presented the item.

Kaiser Rangwala provided a presentation on the item.

Councilmember Peralta commended the work that was put forth to complete this accomplishment. She asked Council to consider extending the item to July to allow the Council to review the entire document.

Councilmember Torres thanked Staff for the presentation. He stated that he would also like Council to consider extending the discussion to July to allow Council time to review the entire documents and further stated that the deadline to submit the plan is July.

Mr. Rangwala stated that the plan was due in February 2022 and the City was in violation.

However, since the new law came to affect changes were made to incorporate the new legislation.

Councilmember Torres asked Council to note that cities are losing more affordable housing instead of attaining more. He asked Mr. Rangwala to clarify the Metro Heights Project on his presentation to verify that these apartment s would be added to the list of affordable housing. He pointed out additional slides that Council should be taking into consideration to prepare for questions or concerns from the residents, and begin thinking of design standards for districts to attract the public.

Mr. Rangwala informed the Council that the Housing Element Plan could be changed at a later date but approving the item now would allow the City to apply for grants.

Councilmember Melendez thanked City Staff and Mr. Rangwala for the information and presentation. He further stated that it was important for the City to approve the item.

Mayor Cobos-Cawthorne opened the Public Hearing at 10:07 p.m.

The City Clerk’s off ice called one (1) member of the public wishing to address the City Council; speaker was provided three minutes to address the City Council.

The City Clerk ’s Office acknowledged one (1) written public comments submitted to the City’s public comment email address. Said comments are on file at the City Clerk’s office.

Mayor Cobos-Cawthorne closed the Public Hearing at 10:10 p.m.

June 22, 2022: City Council Meeting Page 7 of 16

Councilmember P eralta motioned, seconded by Councilmember Melen dez that the City Council:

1) Adopt the Negative Declaration prepared in connection with the Housing Element Update (2021 -2029) in accordance with the California Environmental Quality Act (“CEQA”); and
2) Approve the Housing Element Update (dated June 13, 2022 for the 2021 -2029 planning period) pursuant to Resolution No. 2022-52; and
3) Take such additional and/or related, action that may be desirable.

MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-1-0

AYES: Peralta, Jimenez, Melendez, Cobos-Cawthorne
NOES: None
ABSTAIN: Torres
ABSENT: None

Motion passed 4-1.

18. ADOPT RESOLUTION NO. 22-51, PUBLIC HEARING E STABLISHING THE RESIDENTIAL SOLID

WASTE COLLECTION AND RECYCLING CHARGES ANNUAL RATE ADJUSTMENT

Mayor Cobos-Cawthorne opened the Public Hearing at 10:11 p.m.

There were no comments; Mayor Cobos-Cawthorne closed the Public Hearing 10:11 p.m.

Councilmember Melendez motioned, seconded by Mayor Pro Tem Jimenez that the City Council:

1) Conduct a Public Hearing and consider adopting the attached Resolution No. 22 -51 establishing the updated residential solid waste collection and recycling rate for Fiscal Year 2022 -23 (Attachment A) per the 2020 settlement agreement between Arakelian Enterprises (dba Athens Services) and the City of Montebello; and 2) Direct staff to forward the Resolution to the Los Angeles County Auditor -Controller to place the revised charges on the property tax rolls

Motion approved unanimously.

REGULAR BUSINESS

19. APPROVE ASSEMBLY BILL (AB) 481 – MILITARY USE POLICY APPROVAL (“POLICY”)

Mayor Pro T em Jimenez motioned, seconded by Councilmember Melendez that the City Council:

June 22, 2022: City Council Meeting Page 8 of 16

1) Approve the attached Military Use Policy and provide direction to the Montebello Police Department (“MPD”) to introduce, after the Policy has been posted on the MPD’s website for at least thirty (30) days, an Ordinance to adopt the Policy; and 2) Take such additional, related, action that may be desirable.

Councilmember Torres asked clarifying questions regarding the item.

Motion passed unanimously.

20. ADOPT RESOLUTIONS FOR THE CONDUCT OF T HE GENERAL MUNICIPAL ELECTION FOR NOVEMBER 8, 2022

Councilmember Melendez motioned, seconded by Mayor Pro Tem Jimenez that the City Council:

1) Approve Resolution No. 22-55 calling for the holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities; and 2) Approve Resolution No. 22-56 requesting the Board of Supervisors of the County of Los Angeles to render full services to the City relating to the conduct of a General Municipal Election to be held on Tuesday, November 8, 2022; and
3) Approve Resolution No. 22-57 requesting the Board of Supervisors of the County of Los Angeles to consolidate a General Municipal Election to be held on Tuesday, November 8, 2022 with other Los Angeles County and State of California elections to be held on the date pursuant to § 10403 of the Elections Code; and
4) Approve Resolution No. 22 -58 adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 8, 2022; and
5) Approve Resolution No. 22 -59 providing for a procedure for determining by lot a tie among candidates at the November 8, 2022 General Municipal Election in accordance with Elections Code Section 15651.

Councilmember Torres and Councilmember Peralta asked to include comments stated during the discussion of Item No. 21.

MOVED: Melendez SECONDED: Jimenez APPROVED: 3-2-0-0

AYES: Jimenez, Melendez, Cobos-Cawthorne
NOES: Peralta, Torres
ABSTAIN: None
ABSENT: None

Motion passed 3-2.

June 22, 2022: City Council Meeting Page 9 of 16

CONSENT CALENDAR
City Manager Bobadilla asked to pull Item No. 23 for discussion. Councilmember Peralta pulled Item No. 21. Councilmember Torres pulled Item No s. 28, 29, 35, 37, and 40. Mayor Pro Tem Jimenez motioned, seconded by Councilmember Torres, that Item No’s. 22, 24 -27, 30-34, 36, and 38-39 be approved.

21. SECOND READING AND ADOPT ORDINANCE NO. 2451 AMENDING THE MONTEBE LLO

MUNICIPAL CODE TO DE SIGNATE CITY COUNCIL SEATS THAT W ILL BE PLACED ON THE BALLOT IN THE NOVEMB ER 2022 ELECTION AND TO RETAIN THE TWO (2 ) AT -LARGE

COUNCIL SEATS CURRENTLY IN PLACE THUS EXPANDING THE CITY COUNCIL COMPOSITION TO SEVEN (7) MEMBERS ON A TEMPORARY BASIS

Councilmember Peralta asked if any other City had gone through the same process and the total cost for a special election. She further stated her disappointment in the process to by- district elections.

Councilmember Torres expressed his disappointment in the process.

Councilmember Melendez motioned, seconded by Mayor Pro Tem Jimenez that the City Council:

1) Waive the Second Reading adopt Ordinance No. 2451 (Attachment A) to designate City Council seats that will be placed on the ballot in the November 2022 election and to retain the two (2) at-large Council seats currently in place thus expanding the City Council composition to seven (7) members on a temporary basis; and 2) Take such additional, related, action that may be desirable.

MOVED: Melendez SECONDED: Jimenez APPROVED: 3-2-0-0

AYES: Jimenez, Melendez, Cobos-Cawthorne
NOES: Peralta, Torres
ABSTAIN: None
ABSENT: None

Motion passed 3-2.

22. NOTICE INVITING BIDS – ANNUAL SLURRY SEAL PROJECT, FISCAL YEAR 2022-23 – C.P. # 892

RECOMMENDATION: It is recommended that the City Council:

1) Approve the Plans, Specifications, and Estimate (PS&E) for the Slurry Seal Project, FY 2022-23 (C.P. #892); and
2) Authorize the City Clerk to publish the Notice Inviting Bids (Attachment A); and

June 22, 2022: City Council Meeting Page 10 of 16

3) Approve the Notice of Exemption (Attachment B) for the subject project and authorize the City Clerk to file the Notice of Exemption with Los Angeles Registrar-Recorder; and 4) Take such additional, related, action that may be desirable.

23. APPROVE MASTER RETAI NER AGREEMENTS NO.’S 3998, 3999, 4000 FOR ON-CALL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES IN RESPONSE TO RFP NO. 22-8

City Manager Bobadilla reported that the City had received correspondence from Transtech Engineers stating that they wouldn’t be able to provide services. Therefore , the City is recommending to remove Transtech Engineers from the recommendations.

Councilmember Melendez motioned, seconded by Mayor Pro Tem Jimenez to approve the item.

Councilmember Torres made a substitute motion to hold the item to include the scoring sheet for each c onsultant, seconded by Councilmember Peralta. Motion failed by the following vote:

AYES: Peralta, Torres,
NOES: Jimenez, Melendez, Cobos-Cawthorne

Mayor Cobos -Cawthorne brought back the original motion made by Councilmember Melendez to approve the item, seconded by Mayor Pro Tem Jimenez.

1) Authorize the City Manager to execute Master Retainer Agreements for On -Call Construction Management and Inspection Services with the following Consultants: A) Transtech Engineers, Inc. No. 3998 ; B) Mark Thomas & Company, Inc. No. 3999; and C) KOA Corporation No. 4000; and
2) Take such additional, related, actions that may be desirable.

MOVED: Melendez SECONDED: Jimenez APPROVED: 3-2-0-0

AYES: Jimenez, Melendez, Cobos-Cawthorne
NOES: Peralta, Torres
ABSTAIN: None
ABSENT: None

Motion passed 3-2.

24. ADOPT RESOLUTION NO. 22-50 APPROVING THE LIST OF PROJECTS FOR FISCAL YEAR 2022- 23 FUNDED BY SENATE BILL 1 – THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

RECOMMENDATION: It is recommended that the City Council:

June 22, 2022: City Council Meeting Page 11 of 16

1) Adopt Resolution No. 22-50 Approving the List of Projects for Fiscal Year 2022-23 Funded by Senate Bill 1 – The Road Repair and Accountability Act of 2017; and 2) Take such additional, related, action that may be desirable.

25. APPROVE REFUND OF FE DERAL TRANSPORTATION GRANT FUNDS TO THE C ALIFORNIA DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $428,623

RECOMMENDATION: It is recommended that the City Council:

1) Approve a refund payment to the California Department of Transportation (Caltrans) in the amount of $428,623 for Federal T ransportation grant fund expenses deemed disallowed in the November 2020 Incurred Cost Audit; and 2) Amend the Fiscal Year 2021-22 adopted budget by increasing appropriations by $428,623 in Account No. 100 -30-330-7050 (General Fund, Public Works, Engineering, Miscellaneous Expense); and
3) Take such additional, related, action that may be desirable.

26. ADOPT RESOLUTION NO. 22-54 AUTHORIZING THE WAIVING OF FACILITY RENTAL FEES FOR

SENIOR CLUBS AT THE MONTEBELLO SENIOR CENTER

RECOMMENDATION: It is recommended that the City Council:

1) Adopt a Resolution authorizing the Waiving of facility rental fees for senior clubs at the Montebello Senior Center; and
2) Take such additional, related, action that may be desirable.

27. APPROVE SUBMISSION OF APPLICATION FOR THE LOS ANGELES COUNTY M EASURE B GRANT 2022

RECOMMENDATION: It is recommended that the City Council:

1) Approve the submission of a grant application for the Los Angeles County Department of Health Services, Emergency Medical Services (EMS) Agency, Measure B Grants Program; and
2) Take such additional, related, action that may be desirable.

28. APPROVE ISSUING AN U NARMED TRANSIT SECUR ITY GUARD SERVICES REQUEST FOR PROPOSAL, NO. 22-7

Councilmember Torres asked clarifying questions.

Director of Transportation, Lupita Ibarra , and City Manager Bobadilla clarified the recommendations.

Councilmember Torres motioned, seconded by Councilmember M elendez that the City Council:

June 22, 2022: City Council Meeting Page 12 of 16

1) Approve issuing an Unarmed Transit Security Guard Services Request for Proposal, No. 22-7 (RFP No. 22-7); and
2) Take such additional, related, action that may be desirable.

Motion passed unanimously.

29. APPROVE AMENDMENT NO . 1 TO PROFESSIONAL SERVICES AGREEMENT NO. 3941 WITH

VECTIS DC LLC, TO PROVIDE COMPREHENSIVE FEDERAL GOVERNMENT RELATIONS TO SEEK

AVAILABLE ANNUAL FEDERAL FUNDING

Councilmember Torres recommended to amend the re commendations and go through a RFP process.

City Manager Bobadilla explained why the City is recommending this consultant.

Councilmember Torres made a motion to bring the item back as an RFP , seconded by Councilmember Peralta. Motion failed by the following vote:

AYES: Peralta, Torres,
NOES: Jimenez, Melendez, Cobos-Cawthorne

Councilmember Melendez motioned, seconded by Mayor Pro Tem Jimenez that the City Council:

1) Approve Amendment No. 1 to Professional Services Agreement No. 3941 (Agreement No. 3941) with Vectis DC LLC (Vectis DC), to provide comprehensive federal government relations to seek available annual federal funding, for an annual total not -to-exceed amount of $84,000, for an additional one-year (1-year) term with the option for renewal of up to three (3) additional one-year (1-year) terms; and 2) Authorize the City Manager and/or his designee to execute Amendment No. 1 on behalf of the City of Montebello (City); and
3) Take such additional, related, action that may be desirable.

MOVED: Melendez SECONDED: Jimenez APPROVED: 3-2-0-0

AYES: Jimenez, Melendez, Cobos-Cawthorne
NOES: Peralta, Torres
ABSTAIN: None
ABSENT: None

Motion passed 3-2.

30. ADOPT RESOLUTION NO. 22-42 APPROVING MONTEBELLO BUS LINES’ FISCAL YEAR 2022- 2023 FREE FARE SCHEDULE

June 22, 2022: City Council Meeting Page 13 of 16

RECOMMENDATION: It is recommended that the City Council:

1) Adopt Resolution No. 22-42 approving Montebello Bus Lines’ (MBL) Fiscal Year (FY) 2022- 2023 Free Fare Schedule; and
2) Take such additional, related, action that may be desirable.

31. APPROVE A CHANGE ORD ER TO INCREASE THE A MOUNT FOR THE BLANKE T PURCHA SE

ORDER ESTABLISHED WITH CUMMINS PACIFIC LLC TO PURCHASE MAINTENANCE-RELATED

BUS PARTS

RECOMMENDATION: It is recommended that the City Council:

1) Approve a change order to increase the total not -to-exceed amount, from $30,000 to $38,000, for the blanket p urchase order (PO) established with Cummins Pacific LLC (Cummins), to purchase maintenance -related bus parts, for Fiscal Year (FY) 2021 -2022; and
2) Take such additional, related, action that may be desirable.

32. AWARD PROFESSIONAL SERVICE AGREEMENT NO. 4001 WITH ALLTECH INDUSTR IES INC.

FOR CROSSING GUARD SERVICES

RECOMMENDATION: It is recommended that the City Council:

1) Award Professional Services Agreement to Alltech Industries Inc. for Crossing Guard Services; and
2) Authorize the City Manager to execute an Agreement on behalf of the City; and 3) Take such additional, related, action that may be desirable.

33. APPROVE ANNUAL BLANKET PURCHASE ORDERS FOR FISCAL YEAR 2022-23

RECOMMENDATION: It is recommended that the City Council:

1) Authorize issuing a Blanket Purchase Orders/purchasing authorization amounts to various vendors for purchasing during FY 2022-23; and
2) Authorize City Manager to approve up to an additional $25,000 in expenditures to each vendor, if necessary, during the same fiscal year; and
3) Take such additional, related, action that may be desirable.

34. APPROVE EMERGENCY PURCHASE AUTHORIZATION – ULINE, INC.

RECOMMENDATION: It is recommended that the City Council:

1) Approve an emergency purchase request for items from ULine, Inc. in the amount of $36,010.22.

June 22, 2022: City Council Meeting Page 14 of 16

35. AUTHORIZE THE PAYMEN T OF INVOICES FROM M ONTEBELLO TIRE PROS AND INCREASE

EXISTING PURCHASE ORDERS WITH CHEVY OF MONTEBELLO AND FORD OF MONTEBELLO Councilmember Torres stated that outstanding invoices should be handled by administration and not at a public meeting.

Councilmember Torres motioned, seconded by Councilmember Melendez that the City Council:

1) Authorize the payment of invoices from Montebello Tire Pros in the amount of $28,602; and
2) Authorize the City Manager to approve up to an additional $15,000 for any new invoices received from Montebello Tire Pros for purchases through June 30, 2022; and 3) Authorize increasing Purchase Order No. 22 – 476 with Chevy of Montebello by $10,000 (PO Total - $50,000) for additional services through June 30, 2022; and 4) Authorize increasing Purchase Order No. 22 – 477 with Ford of Montebello by $40,000 (PO Total - $80,000) for additional services through June 30, 2022; and 5) Take such additional, related action(s) that may be desirable.

Motion passed unanimously.

36. AUTHORIZE THE PAYMENT OF INVOICES FROM JOHNSON CONTROLS, INC.

RECOMMENDATION: It is recommended that the City Council:

1) Authorize the payment of invoices from Johnson Controls, Inc. (Johnson Controls) in the amount of $54,168.91; and
2) Take such additional, related action(s) that may be desirable.

37. ADOPT RESOLUTION NO. 22-53 TO APPROVE CITY’S ANNUAL INVESTMENT POLICY

Councilmember Torres stated that the item was pulled accidentally.

Councilmember Torres motioned, seconded by Councilmember Melendez that the City Council:

1) Adopt Resolution No. 22-53 approving the Investment Policy Statement for the City and Successor Agency as required by Government Code Section 53601 et al. Take such additional, related, action that may be desirable.

Motion passed unanimously.

38. AUTHORIZE ISSUING A REQUEST FO R PROPOSALS TO HIRE A CONSULTANT TO COND UCT

AN ASSET INVENTORY UPDATE

June 22, 2022: City Council Meeting Page 15 of 16

RECOMMENDATION: It is recommended that the City Council:

1) Authorize the issuing of a Request for Proposals (RFP) to hire a consultant to conduct an asset inventory review and update; and
2) Take such additional, related action(s) that may be desirable.

39. PAYMENT OF BILLS: R ESOLUTION NO. 22-47 APPROVING THE CITY W ARRANT REGISTER OF DEMANDS DATED JUNE 22, 2022

RECOMMENDATION: Adopt Resolution No. 22-47 approving the Warrant Register dated June 22, 2022.

40. APPROVAL OF CITY COUNCIL MINUTES – SPECIAL MEETING MAY 2, 2022; SPECIAL MEETING MAY 3, 2022; REGULAR MEETING MAY 11, 2022; AND REGULAR MEETING MAY 25, 2022.

Councilmember Torres stated that he would like the May 3, 2022, Minutes to reflect that he could not identify the Ordinance No . and that he referenced Municipal Code 2.040.050 (E) City Manager Duties.

Councilmember Torres motioned to approve the minutes with said comments, seconded by Councilmember Melendez.

RECOMMENDATION: Approve said minutes as written.

Motion passed unanimously.

AB 1234 TRAVEL REPORTS
None.

COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports.

 Councilmember Peralta
a. Upcoming Election Process:

1. Please confirm nominations will be pulled and publicly noted by district. Since districts are defined by residential address which need to be declared by 30 days before running in the city election.
a) Please confirm the process the City Clerk’s office will do to confirm the residency of each candidate?
b. Father’s Day Giveaway in Partnership with AOE Barbershop. Announcement of winners and recognition of AOE Barbershop for their generosity and active part icipation within our community.

City Attorney Alvarez -Glasman addressed Councilmember Peralta’s questions regarding the election process. Councilmember Peralta requested to move Item B. to the next meeting.

June 22, 2022: City Council Meeting Page 16 of 16

 Councilmember Melendez
 Councilmember Torres
a. Comments on compliance issues re: Montebello Municipal Code 2.16.020.E; recommendations.
b. Acknowledgment of and comments on Montebello AAPI history. c. Follow-up on Brandon Tak eyama public comment regarding Capital I mprovement Projects in South Montebello.

Councilmember Torres stated his comments and acknowledgements for Item A. and Item B.

City Manager Bobadilla stated that the City would bring back an Ordinance that provides best practices for financial reports.

 Mayor Pro Tem Jimenez
 Mayor Cobos-Cawthorne
a. Military Banner Program applications.
b. Fireworks – July 2, 2022.

Mayor Cobos -Cawthorne announced her orals and thanked all who attended the Council Meeting.

ADJOURNMENT
Mayor Cobos -Cawthorne adjourned in the memory of Mel Estansa . Councilmember Jimenez motioned, seconded by Mayor Cobos-Cawthorne to adjourn the meeting at 11:08 p.m.

THE MINUTES OF JUNE 22, 2022 ARE HEREBY APPROVED AND ADOPTED ON THIS 12TH DAY OF OCTOBER 2022.

_____________________________________________
Alicia Fernandez, Deputy City Clerk

AGENDA & NON-AGENDA

COMMENTS

1 Angelina Padilla
From: Ray Moreno
Sent: Wednesday, June 22, 2022 1:26 PM
To: comment, ccpublic
Subject: Concern
Good evening Council and Mayor;
I would like to respond to a comment Councilman Torres said at the special meeting. He was bragging about how he and Peralta took first and second place in elections they won.

I want to remind Mr. Torres when he ran the first time he lost! He was in 6th place, it was thanks to you Madame Mayor.

When Mayor Kimberly endorsed you the first tim e you won only because of the people she asked to vote for you. I didn't vote for you the first time you ran and seeing how disrespectful you are to the Mayor makes me regret you were elected.

As for Peralta no one knew who she was, the only reason she was elected is also that we the residents trusted Mayor Kimberly and thought you'd be honest and help her improve our city.

Both Torres and Peralta proved power corrupts, but trust me we the residents won't forget your betrayal.

Also for the love of God let Peralta use her phone, without it she just says um over and over. It's so obvious both Torres and Peralta are being coached. Once they didn't have their phones they w
ere quiet and didn't ask a single question, which was nice not to hear Torres rambling on and on.

I'd like to thank Mayor Kimberly, and Pro Tem Jimenez for voting yes to fix the streets in the South of our city, Torres votes no, Councilman Melendez was ill and Peralta was a no show, maybe was still partying in Ensenada again.

Torres voted no to fixing the streets in the north but was front and center taking pictures after the streets were fixed
.

We see our city moving in the right direction and the city has hired more Police and Firemen, which is good news.

I've been a resident for many years and have seen both good and bad elected councilmembers, it makes the residents sad to see the way Torres and Peralta disrespect the positions they were trusted to hold. But rest assured we won't make that mistake

again, if you both run for re-election all your bad actions will be told.

It's not too late to do the right thing and work with your colleagues and act like professionals,s not like spoiled brats.

Please do not give out my email information.

Thank you, Raymond S. Moreno
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS.

Contact Montebello IT Division if you are unsure.***

ITEM NO. 17 PUBLIC HEARING
- HOUSING ELEMENT

1 Angelina Padilla
From: Mercado-Rodriguez, Monica
Sent: Thursday, June 16, 2022 12:18 PM
To: Fernandez, Alicia
Cc: Angelina Padilla; Guillen, Kimberly (Admin)
Subject: RE: Montebello Draft Housing Element comments
Follow Up Flag: Follow up
Flag Status: Flagged
Hi Alicia,

Planning has received the comment below regarding the Housing Element for Council consideration on the June 22 City Council meeting.

Thank you,

Monica Mercado-Rodriguez
Planning Manager
Community Development Department, City of Montebello
1600 W Beverly Blvd. Montebello, CA 90640
p: 323-887-1477 ext. 494
w: www.cityofmontebello.com e: [email protected] Office Hours – Monday-Thursday 8:00 a.m. – 5:00 p.m. Closed every Friday.

From: Andrew Landeros [mailto:[email protected]]
Sent: Monday, June 6, 2022 5:14 PM
To: General Plan Update
Cc: Joe Thomas; Raymond Mojica; Ricki Garza; Ron; Dane Walters; Mark Provencio; Victor Baltazar Subject: Montebello Draft Housing Element comments

It boggles my mind how the city can even consider placing homes on any portion of land that was sold to the city to remain a golf course.

When the city of LA wanted to put a toll road through Griffith Park, a judge said the city could not defy the agreement to keep the land as a park.

So not only is Montebello trying to trash a 100-year-old golf course to stick in a TopGolf, now the city wants to sell homes on land that should only be used for "golf course purposes."

This general housing plan is ignoring some of the largest plots of land in the city. The shopping centers along Via Campo should be turned into mixed use developments with condos and apartments on upper floors.

2 These developments are often loathed by many but the average worker has been priced out of buying a house in Montebello. They must find options like apartments and condos to grab that little slice of the American dream.

Incentives for modernizing shopping centers must be part of the plan.

The same could be done at the Simon Shoppes at Montebello. It too could easily be turned into a mixed use development like the Paseo Colorado did years ago.

Refashioned like the Monterey Park Times Square (on Atlantic and Hellman). Alhambra has done the same on Main Street. Condos and apartments could be placed on the land bringing shoppers directly on the doorstep of the businesses.

This is the plan moving forward for all large shopping centers!

Amazon makes it super convenient to shop at home. Malls and other commercial centers are losing their draw.

They need people walking distance to the stores.

This would also be lower cost housing compared to the homes now being built adjacent to the mall. Those homes, as much as they try, will cost no less than $900,000 because of the cost of materials and labor.

As I drive through the city, there are so many opportunities for mixed use development. On top of the bowling alley, or car washes or other markets.

And when Montebello builds those extra 5,000 units, where will there be a recreational option?

Losing the 18-hole golf course to development is a loss for the city. Montebello is losing people, not gaining people as your own graphics have shown.

Recreation for all ages is required. Parks and open space are needed to bring in residents.

Golf courses are also needed open space for migratory birds. The trees on the course reduce pollution from the freeway.

We are all living longer (at least, we hope). Gyms, softball, soccer and football fields as well as basketball courts are great. But the 40+s, who aren't as mobile as they used to be, they have found golf as a game that can be played into their 90s. (I know because we still have members playing at that age.) Wounded military soldiers have found that they can play golf and compete against anyone. Veterans are a major component of the golf clientele.

Southern California is in need of "Blue Zones." Areas that allow people of ALL age groups to enjoy healthy lifestyles with recreation and minimal pollution. Golf courses are part of that solution. The city should be looking at ways to improve areas that have been developed to make them more efficient, with better mobility solutions.

COVID taught many businesses that workers do not have to be in offices everyday. Workers are able to choose homes near areas where they can find recreation. Millennials have found that golf courses are the place to be.

More women are taking up the game.

Swing by Montebello Golf Course any weekend and you will find an incredibly diverse group of folks that enjoy the course. Men and women that play the game to unplug from the work week.

We realize the city must make an effort to find housing solutions. We must build up and not out and not endanger the few parks and golf courses we have left.

3 -Andrew Landeros
Board member of the Montebello Golf Players Club for over 15 years.

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CITY OF MONTEBELLO

CALL AND NOTICE OF A SPECIAL CITY COUNCIL MEETING AGENDA

M I N U T E S

WEDNESDAY, AUGUST 1, 2022 AT 5:00 P.M.

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA 90640

OPENING CEREMONIES

CALL TO ORDER – Mayor Cobos-Cawthorne called the meeting to order at 5:04 p.m.

ROLL CALL – Members present were Mayor Cobos -Cawthorne, Councilmember Peralta, and Councilmember Melendez . City Clerk Jimenez and Treasurer Gutierrez were also present.

Mayor Pro Tem Jimenez arrived at 5:21 p.m. and Councilmember Torres was absent.

STAFF PRESENT – City Attorney Arnold Alvarez -Glasman, City Manager René Bobadilla, Assistant City Manager Arlene Salazar, Senior Deputy City Clerk Alicia Fernandez, Deputy City Clerk Kimberly Guillen, and Records Coordinator Angelina Padilla.

PUBLIC COMMENTS ON AGENDA ITEMS ONLY (30 MINUTES)
The City Clerk’s Office acknowledged six (6) members of the public wishing to address the City Council. Speakers were provided three minutes to address the City Council and said speaker cards are on file at the City Clerk’s office. City Attorney Alvarez -Glasman clarified the Topgolf item that was discussed during Closed Session. The City Clerk’s Office received one (1 ) written public comment submitted to the City’s public comment email address. Said comment is on file at the City Clerk’s office.

CLOSED SESSION
Mayor Cobos-Cawthorne recessed the meeting into Closed Session at 5:23 p.m. to consider the following closed session items:

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 901 Via San Clemente, Montebello CA
Agency’s Negotiator: René Bobadilla, City Manager
Negotiating Party: Topgolf
Under Negotiation: Price and Terms

August 1, 2022 – Call and Notice of a Special City Council Meeting Page 2 of 7

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
One Matter Related To SB 1383 Compliance

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government 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

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: Bus Depot
Agency Negotiator: René Bobadilla, City Manager
Negotiating Party: Pico Rivera
Under Negotiation: Price and Terms

5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: City Manager René Bobadilla

Mayor Cobos -Cawthorne reconvened the meeting at 6:05 p.m. City Attorney Arnold Alvarez - Glasman provided th e following report to City Council: a briefing was provided on Item No. 1, no action taken and nothing to report; a briefing was provided on Item No. 2, no action taken and nothing to report; a briefing was provided on Item No. 3 and 4, no action taken and nothing to report; and a briefing was provided on Item No. 5 and there was no action taken, nothing to report (the City Manager was not present in the room during the briefing).

Before the start of Regular Session, Mayor Cobos-Cawthorne allowed one (1) additional speaker to address the City Council regarding Item No. 6.

REGULAR SESSION – 5:00 P.M.

CORRECTIONS TO THE AGENDA – CITY MANAGER
City Manager Rene Bobadilla made an announcement to correct Item No. 11 – Attachment C.

The Categorical Exemption on the Notice of Exemption changed from Class 1 – Section 15301 (c) to Class 2 – Section 15301 (c).

REGULAR BUSINESS

6. ADOPT RESOLUTION NO. 22-60 AUTHORIZING THE C ITY OF MONTEBELLO TO INITIATE THE PROCESS TO DISCO NTINUE ROUTE 60 TRAN SPORTATION SERVICES PROVIDED BY AND THROUGH MONTEBELLO BUS LINES FOR THE WINTER/SPRING 2023 SHAKEUP Director of Transportation, Lupita Ibarra, presented a PowerPoint Presentation discussing the process of discontinuing Route 60.

August 1, 2022 – Call and Notice of a Special City Council Meeting Page 3 of 7

Councilmember Melendez thanked Director Ibarra for t he presentation , including the two Pico Rivera schoolboard board members who shared their concerns, and noted he’d like to have a deeper conversation with them regarding this.

Mayor Pro Tem Jimenez also thanked Director Ibarra and thanked the school board members for coming out. She also detailed her experience riding this bus route.

Councilmember Peralta thanked Director Ibarra, the speakers, and touched on areas of the presentation and her experience riding the Montebello Bus Lines. Furthermore, she noted that Council and Staff are committed to working with the City of Pico Rivera to figure out the best alternatives and solutions.

Mayor Cobos -Cawthorne asked Director Ibarra clarifying questions. Mayor Cobos - Cawthorne noted she is in support of who is going to be responsible fiscally and that this bus line is solely benefiting the City of Pico Rivera and if we are able to extend the line then it helps different communities. She also thanked the board members for attending the meeting.

Councilmember M elendez motioned, seconded by Mayor Pro Tem Jimenez that the Council:

1) Adopt Resolution No. 22 -60 authorizing the City of Montebello (“Montebello”) to initiate the process to discontinue Route 60 transportation services provided by and through Montebello Bus Lines (“MBL”) for the Winter/Spring 2023 shakeup, including but not limited to, the issuance of a termination notice to the City of Pico Rivera (“Pico Rivera”) and scheduling of the required public hearing; and 2) Take such additional, related action that may be desirable.

Motion carried unanimously.

CONSENT CALENDAR
Councilmember Peralta and Mayor Cobos -Cawthorne both pulled Item No . 9 for discussion.

Additionally, Councilmember Peralta pulled Item No.’s 14 and 16.

Councilmember Melendez motioned, seconded by Councilmember Peralta, that Item No’s. 7, 8, 10-13, 15, be approved; motion carried unanimously.

7. APPROVE AMENDMENT OF RESOLUTION NO. 22 -55 AND RESOLUTION NO . 22-57 TO ADD THE OFFICE OF CITY TREASURER TO THE NOVEMBER 2022 BALLOT

RECOMMENDATION: It is recommended that the City Council:

1) Approve amendment of Resolution No. 22 -55 calling for the holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the election of certain officers as required by the provisions of the laws of the State of California

August 1, 2022 – Call and Notice of a Special City Council Meeting Page 4 of 7

relating to General Law Cities to add the office of City Treasurer to the November 2022 ballot; and
2) Approve amendment of Resolution No. 22-57 requesting the Board of Supervisors of the County of Los Angeles to consolida te a General Municipal Election to be held on Tuesday, November 8, 2022 with other Los Angeles County and State of California elections to be held on the date pursuant to § 10403 of the Elections Code to add the office of City Treasurer to the November 2022 ballot.

8. APPROVE RESOLUTION NO.’S 22-63 AND 22-64 AUTHORIZING APPLICATIONS FOR THE

LOS ANGELES COUNTY R EGIONAL PARK AND OPE N SPACE DISTRICT MEA SURE A

COMPETITIVE GRANT PROGRAMS

RECOMMENDATION: It is recommended that the City Council:

1) Approve Resolutio n No.’s 22 -63 and 22 -64 authorizing the submission of applications for Los Angeles County Regional Park and Open Space District (LARPOSD) Measure A Competitive Grant Recreation Access and Youth and Veteran Job Training and Placement Programs; and
2) Take such additional, related, action that may be desirable.

9. AWARD OF CONSTRUCTION CONTRACT – HYRAP STREETS PROJECT FISCAL YEAR 2022 - 23 (CP NO. 897)

Councilmember Peralta pulled this item for clarifying questions which were addressed by Director of Public Work s, James Enriquez. Mayor Cobos -Cawthorne expressed her support for this item.

Mayor Cobos -Cawthorne motioned, seconded by Councilmember Melendez that the City Council:

RECOMMENDATION: It is recommended that the City Council:

1) Award a construction contract for the HYRAP Streets Project (CP 897) in the amount of $2,440,259 to Manhole Adjusting, Inc.; and
2) Authorize the Director of Public Works to review and approve change orders within a 10% contingency of the contract amount as recommended by the City En gineer; and
3) Authorize the City Manager to execute the Contract Agreement, on behalf of the City; and
4) Amend the Fiscal Year 2022 -23 budget by reallocating funds in Fund 222 (Measure M) by $600,000 (Account No. 222-99-7116) and in Fund 220 (Measure R) by $90 ,000 (Account No. 220-99-7116); and
5) Take such additional, related, action that may be desirable.

Motion carried unanimously.

August 1, 2022 – Call and Notice of a Special City Council Meeting Page 5 of 7

10. APPROVE NINTH AMENDMENT TO AGREEMENT NO. 2883 WITH SAN GABRIE L VALLEY WATER COMPANY FOR THE OPERATION OF THE CITY’S WATER SYSTEM

RECOMMENDATION: It is recommended that the City Council:

1) Approve a Ninth Amendment to Agreement No. 2883 with San Gabriel Valley Water Company for the operation of the City’s Water System; and 2) Authorize the City Manager to execute the Amendment on behalf of the City; and 3) Take such additional, related, action that may be desirable

11. AUTHORIZE NOTICE INV ITING BIDS – MONTEBELLO MUNICIPAL GOLF COURSE RENOVATION PROJECT (CP NO. 894)

RECOMMENDATION: It is recommended that the City Council:

1) Approve the Plans, Specifications, and Estimate (PS&E) for the Montebello Municipal Golf Course Renovation Project – Phase 1 (CP No. 897-1) and authorize the City Clerk to publish the Notice Inviting Bids (Attachment A); and 2) Approve the Plans, Specifications, and Estimate (PS&E) for the Montebello Municipal Golf Course Renovation Project – Phase 2 (CP No. 897-2) and authorize the City Clerk to publish the Notice Inviting Bids (Attachment B); and 3) Approve the Notice of Exemption (Attachment C) for the subject project and authorize the City Clerk to file the Notice of Exemption with Los Angeles Registrar - Recorder; and
4) Approve Amendment No. 2 to Agreement No. 3937 with SportFive Golf, LLC (Attachment D) for additional architectural and engineering design services in the amount not-to-exceed $149,980; and
5) Award Task Order No. 3 via an Engagement Letter (Attachment E) under Master Retainer Agreement No. 3919 with AIM Consulting Services for additional Program Management Services for a not-to-exceed-fee of $188,841; and 6) Amend the Fiscal Year 2022 -23 budget by increasing appropriations by $149,980 (SportFive Golf LLC) in Account No. 610 -99-6040.80 (Golf Course, Engineering Services), and $188,841 (AIM Consulting Servings) in Account No. 610 -99-6040.95 (Golf Course, Other Professional Services); and
7) Take such additional, related, action that may be desirable.

12. ANNUAL CONCRETE REPA IR PROGRAM (CP NO. 8 91) – ENGAGEMENT LETTER FO R

CONSTRUCTION MANAGEM ENT AND INSPECTION S ERVICES BY ONWARD

ENGINEERING

1) Award Task Order No. 3 via an Enga gement Letter under Master Retainer Agreement No. 3920 with Onward Engineering for a not -to-exceed-fee of $83,100; and
2) Authorize the City Manager to execute the Agreement, on behalf of the City; and 3) Take such additional, related, action that may be desirable.

August 1, 2022 – Call and Notice of a Special City Council Meeting Page 6 of 7

13. APPROVE MATERIAL REC OVERY FACILITIES (MR F) USE AGREEMENT NO. 4010 WITH ARAKELIAN ENTERPRISES, INC. (DBA ATHENS SERVICES)

RECOMMENDATION: It is recommended that the City Council:

1) Approve the Material Recovery Facilities (MRF) Use Agreement ( Attachment A) with Arakelian Enterprises, Inc. (DBA Athens Services); and
2) Authorize the Mayor to execute the agreement on behalf of the City; and 3) Take such additional, related, action that may be desirable.

14. APPROVE A SOLE -SOURCE AGREEMENT NO. 3978 WITH OPTIBUS, INC., FOR

SCHEDULING SOFTWARE LICENSES AND SUPPORT SERVICES

Councilmember Peralta pulled this item for clarifying questions regarding the software and sole-source agreement processes due to the use of State and Federal dollars which were address ed by Director of Transportation, Lupita Ibarra. Mayor Cobos -Cawthorne asked Director Ibarra if she had experience with using this software.

Councilmember Peralta motioned, sec onded by Councilmember Melendez that the City Council:

RECOMMENDATION: It is recommended that the City Council:

1) Approve a sole -source agreement with Optibus, Inc. (“Optibus”), for scheduling software licenses and support services; and
2) Authorize the City Manager and/or his designee to execute an agreement on behalf of the City; and
3) Take such additional, related, action that may be desirable.

Motion carried unanimously.

15. APPROVAL TO SUBMIT APPLICATION FOR THE SAN GABRIEL AND LOWER LOS ANGELES

RIVERS AND MOUNTAINS CONSERVANCY (RMC) WI LDFIRE PREVENTION GR ANT

PROGRAM

RECOMMENDATION: It is recommended that the City Council:

1) Approve the submission of the grant application for the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) Wildfire Prevention Grant Program; and
2) Take such additional, related, action that may be desirable.

August 1, 2022 – Call and Notice of a Special City Council Meeting Page 7 of 7

16. APPROVAL TO APPLY FO R THE PERMANENT LOCA L HOUSING ALLOCATION PROGRAM

FORMULA FUNDING
Councilmember Peralta pulled this item for clarifying questions which were addressed by Chief of Fire, Chief Pelaez. Furthermore, she pointed out that the funding application was expired and that a general description of how the funding will be used in the next five years is not outlined. Therefore, Councilmember Peralta suggested that the Council bring this item back for consideration with an unexpire d application and outline of how the funds will be used. Fire Chief Pelaez explained that the funds would be used for housing insecurities, including homelessness. City Manager Bobadilla also explained that outline on how funds will be used is part of the application process when submitting.

Councilmember Peralta made a motion to bring this item back with further information regarding the use of funds under this grant; m otion did not received a second and died at the table.

Mayor Pro Tem Jimenez motioned, seconded by Councilmember Melendez that the City Council:

RECOMMENDATION: It is recommended that the City Council:
1) Approve Application for the Permanent Local Housing Allocation Program Formula Funding; and
2) Take such additional, related, action that may be desirable.

Motion carried unanimously.

ADJOURNMENT
Councilmember Melendez adjourned in the memory of Henry Huerta, community activist, who passed away July 28, 2022; and the mother of former City Treasurer Ashod who also passed away last week . M ayor Pro Tem Jimenez motioned, seconded by Councilmember Peralta to adjourn the meeting at 6:53 p.m.

THE MINUTES OF AUGUST 1, 2022 ARE HEREBY APPROVED AND ADOPTED ON THIS 12TH DAY OF OCTOBER 2022.

_____________________________________________
Alicia Fernandez, Senior Deputy City Clerk

AGENDA & NON-AGENDA

SPEAKER CARDS

AGENDA & NON-AGENDA

COMMENTS

City of Pico Rivera

OFFICE OF THE CITY COUNCIL
6615 Passons Boulevard ꞏ Pico Rivera, California 90660 ꞏ (562) 801-4371 www.pico-rivera.org
DR. MONICA SÁNCHEZ
Mayor

August 1, 2022

The Honorable Kimberly Ann Cobos-Cawthorne
Mayor
City of Montebello
1600 W Beverly Boulevard
Montebello, CA 90640

RE: Reconsider and Reevaluate the Recomm endation to Suspend Route 60 Operated by Montebello Bus Lines

Dear Mayor Cobos-Cawthorne:

On behalf of the residents of the City of Pico Rivera (City), I respectfully urge that the Montebello City Council reconsider and reevaluate the recommendation to discontinue Route 60 operated by Montebello Bus Lines. The residents of Pico Rivera, especially our students, have come to depend on the service provided by Route 60. Eliminating this line without a proposed alternative will certainly impact our transit-dependent population, especially youth, seniors, and people with disabilities. This letter is specifically in response to Item Number 6 (Agenda Report) of the Montebello City Council Agenda scheduled for Monday, August 1, 2022. The City requests that the Montebello City Council defer taking action on this item until the questions raised by the City and the El Rancho Unified School District (ERUSD) are addressed, which include Title VI requirements.

The staff report mischaracterizes the public input process and does not align with the true sequence of events. For example: the report states that “the lack of support during the public involvement process are clear indications that Montebello’s transportation resources can be better utilized in other areas…” During the public meeting on Thursday, March 17, 2022, the consultants recommended that Lines 60 & 70 be combined to extend connections to major points of interest such as the Shops at Montebello. As a result, the public was entirely unaware that Line 60 was being cancelled and therefore had no reason to oppose.

The report also states that MBL staff had “initial conversations” in April 2020 with Federal Transit Administration (FTA) Region 9 compliance offers regarding the suspension of service. However, these conversations were at the peak of COVID- 19. Also, “initial conversations” do not constitute legal authorization to eliminate service without due process. We kindly request that MBL staff furnish the formal notice, memo, correspondence, or legal documentation that provided Montebello Bus Lines with an exemption from conducting a Title VI Equity Analysis required by FTA Circular 4702.1B. We’d also like to better understand why Route 60 elimination is being considered separately from the larger package of service changes as part of the MBL Moves study. This appears to be an intentional attempt to bypass the requirements of FTA Circular 4702.1B.

Furthermore, during the virtual public meeting held on June 6, 2022, the City and ERUSD expressed strong opposition to the complete discontinuation of Route 60. As detailed in the memorandum prepared by Nelson/Nygaard attached to the Agenda Report, representatives from the City requested additional details regarding the decision-making process, ridership data, Title VI requirements and community survey data. To date, Pico Rivera has not received an official

LETTER – AUGUST 1, 2022: RECONSIDER AND REEVALUATE THE RECOMMENDATION TO SUSPEND ROUTE 60 OPERATED BY MONTEBELLO BUS LINES

response to these requests and were disappointed to learn that the Montebello City Council will consider suspending Route 60 before further discussion on these matters could be held with Pico Rivera, ERUSD and our residents.

Residents of Pico Rivera expressed concern when Route 60 remained discontinued despite service returning to Route 70 & 90 in July 2021. Comments that were submitted by residents regarding the closure of Route 60 are attached to this letter.

The recommendation to discontinue Route 60 cites low ridership recovery due to the COVID-19 pandemic and minimal responses during community out reach programs to solicit feedback on the preliminary service change proposals. During these community outreach efforts, riders were informed that an alternative that would merge Routes 60 and 70 was being explored. However, it was not until the June 6, 2022, virtual meeting that it was made known that the recommendation to merge Route 60 and Route 70 to “utilize existing resources and maintain coverage within the area” was no longer being considered. According to the Existing Conditions Report published on December 2021, Routes 60, 70 & 90 operate under similar revenue hours and service levels and have demonstrated similar low ridership and productivi ty numbers, yet only Route 60 is currently being recommended for elimination. For this reason, the City and ERUSD believes that merging Route 60 and Route 70 presents an opportunity to pr eserve service while improving efficiency as originally recommended by the consultants.

The City and ERUSD understand the challenges facing transit operators, especially municipal operators, amidst stagnant ridership, rising costs, and budget constraints. The City and ERUSD understand difficult decisions often need to be made when it comes to optimizing operations and reducing costs. In summary, the City and ERUSD recommend the following actions concerning the proposal to suspend Route 60:

 Defer acting on Agenda Item Number 6 scheduled for the August 1, 2022, Montebello City Council Meeting.
 Provide Pico Rivera and ERUSD with the official correspondence or documentation from the FTA that exempts Route 60 from Title VI Equity Analysis.  Consider reintroducing the combination of Route 60 and Route 70 as an alternative to suspending Route 60 completely.
 Propose extending the suspension of Route 60 beyond the Winter/Spring 2023 schedule change to allow for complete discussion, analysis, and community feedback.  The City proposes hosting a Public Hearing at Pico Rivera City Hall to solicit public comment regarding the proposed suspension or alternatives for Route 60.

The City and ERUSD look forward to continuing to build upon the partnership with Montebello Bus Lines and navigate these challenging times together, while continuing to provide our most impacted residents with the public transit services they depend on. We hope the Montebello City Council would be amendable towards continuing the discussion regarding Route 60.

Sincerely,

Dr. Monica Sánchez
Mayor
City of Pico Rivera

Attachment: 1) Route 60 Pico Rivera Resident Complaints

In August of 2020, Montebello Bus Lines (MBL) discontinued services to Line 60, 70 and 90 due to a lack of ridership from the pandemic. Since then, Lines 70 and 90 were reinstated in July 2021, however, at that time there was no reinstatement date for Line 60 operations.

The City of Pico Rivera was never officially notified by the City of Montebello or MBL, and only learned of the bus rout e cancellation through patrons’ calls complaining of lacking service shortly after Line 60’s discontinuation. The following complaints were received and forwarded to MBL:
 March 11, 2021 : Complaint was received from a patron regarding Line 60 not operating. Patron stated that when they called MBL, that st aff is telling them they need to call Pico Rivera because we are the ones controlling it, and not MBL.

Natalie, Pico Rivera Analyst, spoke with Tiffany at MBL rega rding the Line 60 closure complaints. She advised the best person to speak with is John Soria, Admin Manager, at 323-558-16 25 x106. Natalie spok e with John, and John advised Line 60 is still on pause due to COVID 19. He expressed that the line is a route for students. He also advised ther e is no timeframe on when Line 60 will reopen since ridership is "mainly students".

 June 23, 2021: Natalie spoke with John Soria again when complaint was received from social media post sent by Gabe C., Pico Rivera Marketing Coordinator.

Patron stated that he contacted MBL and MBL told him they don't have a timeline when the line will start again. MBL staff also told patron that they are waiting for people to call in to complain. John advised again that Line 60 is closed due to COVID and not sure when it will be operating again.

 July 20, 2021: Maria, Pico Rivera Public Works Principal Analyst, received a call from a resident complaining about Line 60 not operating. Nata lie reached out to MBL staff: Young Gi and John regarding continued concerns. MBL Director Young Gi had on a meeting on 8/2/2021 to discuss progress of Line 60 reopening.

 August 2, 2021: Lizet, Pico Rivera Senior Center Supervisor emailed Natalie and City staff that she received a call from a resident complaining about Line 60 not running. Patron stated that she called MBL first to find out information about the Line 60 and MBL staff told her that they had nothing to do with it and to call Pico Rivera. Patron told Lizet that it didn’t make sense what MBL told them because it is a MBL line. This prompted patron to call the Senior Center. Lizet called MBL to find out more information. MBL staff advised that the line is no longer in operation and not sure when it will return.

 August 3, 2021 : Natalie received a complaint from resident that Line 60 isn’t operating and is worried that it won’t be in service for when he starts school. He goes to Rivera Middle School. He depends on bus since his mom works.

 August 4, 2021: Patron called to inquire when the projected date for Line 60 to run its route again. Patron stated she called MBL and sta ff told her there is no projected date for route to begin, and to contact Pico Rivera. Patron also stated there are many students on the North end that use Line 60 to go to El Rancho.

 August 5, 2021: Patron called to state she first called Montebello Bus Lines and staff told her that the line won’t be oper ating and to call Pico Rivera to “work something out with us”. Patron is worried because she is disabled and doesn’t drive, and the Line 60 is her and her kids means of transportation. She has 3 kids that go to 3 different schools on Passons.

 August 9, 2021 : Patron called to check the stat us of Line 60. Natalie advised patron the City is still co mmunicating with MBL. Patron is disabled and is very concerned on how she would get her kids to school.

 August 10, 2021: Patron called to inquire about the reopening of MBL Line 60.

She expressed she lives in north Pico Ri vera and is concerned if the Line 60 doesn’t operate, how will her kids and other kids in her neighborhood get to school.

She said she is aware of Metro Line 266, however, it may be too long of a walk for her daughter to get to El R ancho High School. She also said she reached out to MBL, but two employees told her to cont act Pico Rivera since it is the City’s problem and not MBLs. Patron was asked who she spoke with and she said she didn’t get names unfortunately.

 August 11, 2021: Patron called concerned if Li ne 60 will be operating again as this is the transportation for her kids.

 August 11, 2021: Patron called concerned about Line 60. She stated she received a flyer from ERUSD, and stated it was confusing. She indicated she would need transportation to the following schools: North Park / El Rancho / South Ranchito.

 August 11, 2021: On Facebook, patron made a complaint regarding MBL Line 60 and its closure. They said they reached out to MBL and they told them they knew nothing about it.

 August 11, 2021: Patron called very upset because she waited 40 minutes at the MBL bus stop with her kid this morning for a bus to show to take him to Rivera School. She didn’t know the bus wasn’t in service until a car drove by and told her Line 60 wasn’t operating. Patron is upset because she wasn’t aware and said her kid and other kids depend on the bus.

 August 11, 2021: Patron called to express concerns about Line 60 not operating.

 August 12, 2021: Natalie received a complaint regarding Line 60. Patron said she called MBL and spoke with Christina. Patron was upset because Christina told her that “it wasn’t MBL’s problem and doesn’t have anything to do with the line and to call Pico Rivera”. Patron was confused because she said isn’t Line 60 a Montebello Bus Line route and not Pico Rivera’s.

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY JOINT REGULAR MEETING

M I N U T E S

WEDNESDAY, AUGUST 10, 2022 AT 5:00 P.M.

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES

CALL TO ORDER – Mayor Cobos-Cawthorne called the meeting to order at 5:07 p.m.

ROLL CALL – Members present were Mayor /Chairperson Cobos-Cawthorne, Mayor Pro Tem /Vice Chairperson Jimenez, Councilmember/Member Peralta, Councilmember/ Member Melendez, and Councilmember/ Member Torres. City Clerk/Board Secretary Jimenez and Treasurer Gutierrez were also present.

STAFF PRESENT – City Attorney Chris Cardinale , City Manager René Bobadilla, Assistant City Manager Arlene Salazar, Senior Deputy City Clerk Alicia Fernandez, Deputy City Clerk Kimberly Guillen, and Records Coordinator Angelina Padilla.

PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
The City Clerk’s Offic e acknowledged one (1) member of the public wishing to address the City Council. Speaker was provided three minutes to address the City Council and said speaker card is on file at the City Clerk’s office. No written comments were submitted for Closed Session.

CLOSED SESSION – 5:30 P.M.

Mayor Cobos -Cawthorne recessed the meeting into Closed Session at 5:16 p.m. to consider the following closed session items:

1. THREAT TO PUBLIC SERVICES OR FACILITIES
Government Code Section 54957
Consultation with City Manager, Police Chief, City Attorney and other related City officials.

August 10, 2022: City Council Meeting & Public Financing Authority Page 2 of 10 Joint Regular Meeting

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS

a. Government Code Section 54956.8
Property: Bus Depot
Agency Negotiator: René Bobadilla, City Manager
Negotiating Party: Pico Rivera
Under Negotiation: Price and Terms

b. Government 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. CONFERENCE 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: City Manager René Bobadilla

REGULAR SESSION – NO LATER THAN 6:00 P.M.

CLOSED SESSION REPORT
Mayor Cobos -Cawthorne reconvened the meeting at 6:02 p.m. City Attorney Arnold Alvarez - Glasman provided the following report to City Council: a briefing was provided on Item No. 1, no action taken and nothing to report; an updated was provided on Item No. 2 a, no action taken and nothing to report; Item No. 2b. was not discussed as there was no update to provided; a briefing on settlement efforts associated with this matter was provided on Item No. 3, and settlement authority was provided by the City Council on the terms and conditions were discussed but is not final and therefore not reportable; and City Council briefly discussed Item No. 4 but no action was taken. City Attorney Cardinale stated that Closed Session Item N. 4 also appears on the Open Session portion of the meeting.

INVOCATION – City Clerk Christopher Jimenez

PLEDGE OF ALLEGIANCE – Alina Martirosyan

CORRECTIONS TO THE AGENDA – CITY MANAGER – No changes.

August 10, 2022: City Council Meeting & Public Financing Authority Page 3 of 10 Joint Regular Meeting

CEREMONIAL/PRESENTATIONS

5. RECOGNITION OF CITIZ EN OF THE MONTH – MANUEL SANCHEZ – Presented by Mayor Cobos-Cawthorne.

6. RECOGNITION OF ALINA MARTIROSYAN – Presented by Mayor Cobos-Cawthorne.

7. PROCLAMATION CELEBRA TING THE 100 TH YEAR ANNIVERSARY OF THE CITY OF MONTEBELLO FIRE DEPARTMENT – Presented by Mayor Cobos-Cawthorne.

8. RECOGNITION OF NATIONAL WELLNESS MONTH – Presented by Mayor Cobos-Cawthorne.

PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS (30 MINUTES) The City Clerk’s Office acknowledged seven (7) members of the public wishing to address the City Council. Speakers were provided three minutes to address the City Council and said speaker cards are on file at the City Clerk’s office.

The City Clerk’s Office acknowledged ten (10) written public comments submitted to the City’s public comment email address; said comments are on file at the City Clerk’s office.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

PUBLIC HEARING

9. PUBLIC HEARING TO ADOPT 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
Housing Manager Rosemary Perich presented a staff report to the City Council, including a PowerPoint presentation which covered how the City currently administers the Federal Housing and Urban Development Community Development Block Grant and Home Investment Partnerships entitlement programs. Ms. Perich explained the two programs, provided a brief background, an overview of the funding allocations, funding requests, award amounts, funding awards, and was available to answer any questions.

The Public Hearing was opened at 7:26 p.m. Four (4) members of the public wishing to address the City Council were ac knowledged. Speakers were provided three minutes to address the City Council and said speaker cards are on file at the City Clerk’s office. The Public Hearing was closed at 7:30 p.m.

Mayor Pro Tem Jimenez motioned, seconded by Councilmember Melendez that the City Council approve the recommendations as shown below:

August 10, 2022: City Council Meeting & Public Financing Authority Page 4 of 10 Joint Regular Meeting

1) Conduct 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.

Motion was approved unanimously.

REGULAR BUSINESS

10. INTRODUCTION AND FIR ST READING OF ORDINA NCE NO. 2452 UPDATING MONTEBELLO MUNICIPAL CODE CHAPTER 2.16 – DIRECTOR OF FINANCE

City Attorney Chris Cardinale provided a brief description of this item.

Councilmember Torres express ed his opposition to this item and suggested amending the recommendations below to include keeping the language of transparency of accountability to the residents and that we continue to ask for monthly reports of receipts and disbursements so that City Council can understand the exact financial condition of the City.

Councilmember Peralta asked a few clarifying questions regarding the warrant registers and monthly statement of receipts of all payments and disbursements; Director Solorza provided clarification. Councilmember Peralta expressed her preference for monthly statement of receipts of all payments and disbursements rather than a warrant register and also recommended not removing that language from the Ordinance.

Councilmember Melendez motioned, seconded by Mayor Pro Tem Jimenez that the City Council approve the recommendations as is.

Peralta made a substitute motion to move forward with the item as recommended but to amend the recommendation to include keeping the language related to monthly statement of receipts of all payments and disbursements; motion seconded by Councilmember Torres.

The motion failed by the following vote:

MOVED: Peralta SECONDED: Torres FAILED: 2-3-0-0

AYES: Torres, Peralta
NOES: Melendez, Jimenez, Cobos-Cawthorne
ABSTAIN: None
ABSENT: None

The original motion was brought back to the floor to approve the item with the recommendations as shown below:

RECOMMENDATION: It is recommended that the City Council:

August 10, 2022: City Council Meeting & Public Financing Authority Page 5 of 10 Joint Regular Meeting

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.

Motion approved by the following vote:

MOVED: Peralta SECONDED: Torres APPROVED: 3-2-0-0

AYES: Melendez, Jimenez, Cobos-Cawthorne
NOES: Torres, Peralta
ABSTAIN: None
ABSENT: None

11. CONSIDERATION OF THIR D AMENDMENT TO EMPLO YMENT AGREEMENT FOR RENE

BOBADILLA AS CITY MANAGER
City Attorney Cardinale presented the staff report to City Council and was available to answer any questions.

Councilmember Torres expressed his opposition to this item considering the City Manager is currently under contract. Councilmember Melendez expressed his support for this item and stated the City Manager has continuously shown how the City is progressing. Councilmember Peralta acknowledged the City Manager’s accomplishments and expressed her opposition to recommendation two of this report. Mayor Pro Tem Jimenez commended the City Manager who effectively brought in professional and skilled employees that moved the City into the right direction and expressed her support for this item. Mayor Cobos -Cawthorne also commended the City Manager for his hard work and expressed her support for this item.

Councilmember Torres asked clarifying questions and City Attorney Cardinale clarified that City Council should direct communication directly to the City Manager, as that is his role. It was motioned by Councilmember Melendez, seconded by Mayor Pro Tem Jimenez that:

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.

Item was approved by the following vote:

MOVED: Melendez SECONDED: Jimenez APPROVED: 3-2-0-0

AYES: Melendez, Jimenez, Cobos-Cawthorne
NOES: Torres, Peralta
ABSTAIN: None
ABSENT: None

August 10, 2022: City Council Meeting & Public Financing Authority Page 6 of 10 Joint Regular Meeting

CONSENT CALENDAR
Councilmember Torres pulled Item No. 19 for discussion.

Councilmember Melendez motioned, seconded by Mayor Pro Tem Jimenez , that Items 12 -22 be approved; motion passed unanimously. City Attorney Cardinale asked for a Public Financing Authority roll call vote for Item No. 20, which passed unanimously as well.

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 $300,000 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) 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.

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 P REVENTION GRANTS PRO GRAM 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 in Expense Account No. 265 -85-856-6040.10 and Revenue Account No. 265 -99-4198.10