Montebello City Council
December 14, 2022

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F. Racial Breakdown of Non-Elected Councils

MBL does not have a dedicated Transportation Citizen Advisory Committee comprised of non- elected officials but is in the process of forming one. Due to the Covid-19 Pandemic, efforts to create such committee were paused. Currently, a MBL Citizen Advisory has been posted to MBL’s website informing the public of these efforts and requesting participation. We anticipate moving forward with the creation of such committee as we continue to recover from the effects of the pandemic.

MBL has several commissions and committees that discuss transit matters, including the Traffic and Safety Commission, the Planning Commission, and the Civil Service Commission, Culture and Recreation Commission, Youth Commission and Investment Committee, all of which are comprised on non-elected officials.

Currently, the racial breakdown of the Commissions are as follows:

Racial Breakdown of Non-Elected Commissions
Commission Gender White
African
American Hispanic/Latino Asian
Pacific
Islander
Alaskan/Native
American Other
Fiscal Accountability and Investment Committee
F x
F x
F x
F x
M x
Vacant
Vacant
Parks and Recreation Commission
M x
M x
M x
F x
F x
Personnel Advisory Commission
F x
M x
M x
F x
M x
Planning Commission
F x
M x
M x
F x
Vacant

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Youth and Education Commission
F x
M x
F x
F x
M x
Traffic Committee
M x
M x
F x
M x
M x
M x

City of Montebello commissions consist of five members, the majority of whom are minorities (20 of the 25 members or 84%). The highest three minority representation groups are Hispanic/Latino, White Non-Hispanic and Asian, with Hispanic/Latino representing the highest minority representation. The minority representation aligns with MBL’s demographic data which states that Hispanic/Latino, White Non-Hispanic, and Asian are the largest percentages of MBL’s minority population. The gender representation within the commissions is fairly equal, with 52% of filled seats being female and the other 48% being male. Commission vacancies are advertised in LEP languages to allow for inclusivity of LEP communities.

G. Sub-Recipient Monitoring

MBL does not currently have any sub-recipients. However, if the situation were to change in the future, any sub-recipient would be held to the same standard as the MBL relative to Title VI regulations (49 CFR part 21).

H. Determination of Site Location of Facilities

To ensure compliance with 49 CFR Section 21.9, MBL is required to conduct a Title VI equity analysis for new locations or facilities in order to ensure that locations are selected without regard to race, color, or national origin. Since the last program submission, MBL has not approved construction of a transit facility.

I. Certificat
ions and Assurance

In accordance with 49 CFR Section 21.7(a), every application for financial assistance from FTA must be accompanied by an assurance that the applicant will carry out the program in compliance with DOT’s Title VI regulations. MBL fulfills this when it submits its annual certifications and assurances to FTA. MBL will utilize FTA's website for the text of FTA’s annual certifications and assurances. A copy of MBL's signed Annual FTA Certifications and Assurances has been included as Appendix D of this program.

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J. Construction Impact Analysis

MBL has not constructed any new facilities (vehicle storage, maintenance, operation center, etc.…) within the last reporting period. MBL does not currently have any ongoing construction projects that impact transit operations or services.

K. Information Dissemination

City staff disseminates information in advance of public meetings to allow for agendas to be prepared and made available for public review in community libraries and at Montebello City Hall.

Public notices regarding public hearings are advertised in English, Spanish and Chinese newspapers, as well as posted at public facilities. Pamphlets are available on all buses, at Montebello City Hall, libraries and at several large retail centers (e.g., The Shops at Montebello).

Outreach is also conducted with community groups at senior citizen centers, senior housing complexes, local school districts and other community venues; and notices are distributed to MBL patrons.

3. Requirements for Fixed Route Transit Operators (50+ Vehicles at Peak Service)

A. Systemwide Service Standards and Policies

In accordance with FTA obligations, the MBL Title VI Program reports on a variety of information and analyses to demonstrate compliance with the Title VI requirements as contained in the Civil Rights Act of 1964; and with other regulations governing the topic. Based upon FTA Circular 4702.1, the following information provides documentation demonstrating that MBL has followed Title VI and is indicative of MBL‘s commitment to providing high-quality transportation services to all the communities within the MBL service area.

1. Service Overview

As previously stated, MBL provides public transportation services within the City of Montebello and the surrounding communities of Alhambra, Bell Gardens, Commerce, La Mirada, Los Angeles, Montebello, Monterey Park, Pico Rivera, Rosemead, San Gabriel, Santa Fe Springs, South Gate, Vernon and Whittier. MBL operates eight fixed-route services; all lines operate Monday through Friday as a basic service pattern. Lines 10, 20, 30, 40, and 50 provide service on Saturdays and Lines 10, 20, 30, and 40 also operate on Sundays.

MBL operates a fleet of seventy-eight buses, inclusive of a contingency reserve fleet of twelve buses, compromised of seven contingency diesel-powered busses, fifty-one hybrid / gasoline,

three hybrid / gasoline converted to electric and twenty-seven CNG buses. The older diesel bus will be phased out of operation in accordance with the MBL fleet replacement program / schedule to comply with the state’s Air Quality Management District requirements. The entire fleet is equipped with wheelchair lifts, kneeling devices, radios, air conditioners, bike racks, security

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cameras and other standard operating equipment. APPENDIX G provides an inventory of the MBL fleet.

In addition to the fixed-route service, MBL provides demand response Dial-A-Taxi services for the elderly and disabled. Dial-A-Taxi services are available twenty-four hours a day, seven days a week, including holidays. MBL also participates in the mandated para-transit transportation program for Los Angeles County provided by ACCESS Services, a local public entity established to meet the Americans with Disabilities Act.

2. Vehicle Load

MBL’s fixed-route service utilizes standard coaches that are thirty-five (35) and forty (40) foot long, with seating capacity for twenty-nine and thirty-eight to thirty-nine passengers respectively; standing load capacity is thirty-nine and fifty-two to fifty-three respectively, with two wheelchair tie-down positions on each vehicle. A breakdown of MBL’s current fixed-route vehicles is captured below:

MBL Fixed Route Fleet
Year Make Model Seats Length Fuel Type Total Owned
2008 New Flyer Low Floor 38 40'
Hybrid Gas /
Electric 14
2009 New Flyer Low Floor 38 40' Gas 8
2010 New Flyer Low Floor 29 35' Gas 15
2010 New Flyer Low Floor 38 40' CNG 1
2011 New Flyer Low Floor 38 40' CNG 7
2013 New Flyer Low Floor 38 40' CNG 8
2016 New Flyer Low Floor 38 40' CNG 7
2018 New Flyer Low Floor 38 40' CNG 5
2020 New Flyer Low Floor 38 40' CNG 1
2021 New Flyer Low Floor 38 40' CNG 9
Total: 75

To ensure that routes do not become overcrowded, upgraded frequencies are provided when the average route load exceeds the standard. The vehicle load standard for Major Local service is 125% peak/100% off peak, Minor Local Service and Express Service is 100% all day.

Vehicle load factors are regularly monitored through MBL’s collection by an AVL (Automatic Vehicle Location) company and submitted into MBL’s Remix software that captures and analyzes our daily ridership data. MBL will conduct additional surveys if comments or complaints are received relative to overcrowding on a given route.

3. Vehicle Headway
Market demand, performance standards, and availability of resources generally determine MBL’s line-by-line headways. MBL has a very ambitious program to assess line- by-line load factors in order to determine whether higher frequencies are needed to meet the market demand.

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Currently, MBL has three service categories including, major local, minor local, and peak express.

These categories are detailed as follows:

1. Major Local Service (Lines 10, 20, & 40) – These lines run at high frequencies and cover a long service day, with service provided late into the evening and on weekends. They serve major travel corridors with intensive demand: Beverly Boulevard, Whittier Boulevard, and Montebello Boulevard. The frequent service permits easy transferring between routes.

Headway standards for Major Local Service, 15-30’ peak, 60’ weekday off- peak, weekends, and holidays.

2. Minor Local Service (Lines 30, 50, 60, & 70) – These lines generally run at lower frequencies than the major lines. This service provides access to major trip generators and serves corridors with less transit-supportive land use, compared to major local service corridors. Headway standards for Minor Local Service, 30-45’ peak, 60’ weekday off- peak, weekends, and holidays.

3. Peak Express Service (Line 90) – This line provides weekday peak-hour express service from major activity centers and transit hubs in Montebello to downtown Los Angeles. The express service provides higher speed and limited stop service. MBL’s headway standards for Express Service is 30’ peak.

4. On-Time Performance

MBL has developed performance standards it relies upon to ensure that all patrons receive service that complies with MBL’s on-time performance standards. On-time performance standards are 80% on-time at time points, which is defined as 0-5 minutes from scheduled departure time. This applies to MBL’s major local, minor local and express service routes.

Additionally, MBL has an additional performance standard of .5% regarding buses leaving early, which is defined as instances in which buses were identified as leaving prior to the scheduled departure time. This is of particular concern to MBL as patrons who arrive by the scheduled departure time should be guaranteed their ride.

5. Service Availability (Transit Access)

One of MBL’s primary service standards is to work diligently to distribute routes such that the majority of all residents within MBL’s service area are within a one-quarter mile walk of bus service. To achieve this MBL provides its patrons access to a bus stop or station that falls within a one-quarter mile walk, to allow for accessible transportation to all patrons.

Additionally, MBL also considers the density of MBL services areas when considering placement and distance between bus stops and stations, as the percentage of the total population within a one-quarter mile walk of routes might be higher in more densely populated areas than it would be in less densely populated areas.

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MBL has identified that MBL service areas with the greatest population densities primarily fall within minority and low-income tracts. In consideration of this, MBL’s standards include a goal of implementing service access (for bus stop/stations) that is a shorter distance in minority and low- income tracts (more populated areas) than it would be in non-minority and non-low-income (less densely populated) areas, to ensure that there is no disparate impact or disproportionate burdens for our minority or low-income patrons.

MBL has made every effort to provide access to all public transit users and shares this practice with the regional provider, Los Angeles County Metropolitan Transportation Authority (Metro), who also ensures that there is an equal distribution of transit services throughout the region. In many areas, Metro, provides service within a city block of MBL, as well as duplicates service on some routes.

B. Service Policies

MBL has adopted system-wide service policies to ensure service design and operations practices do not result in discrimination on the basis of race, color, or national origin. MBL’s service policies differ from service standards in that they are not necessarily based on a quantitative threshold.

MBL’s service policies are categorized into four primary areas:

• Transit Amenities (Distribution of)
• Vehicle Assignment
• Disparate Impact
• Disproportionate Burden

1. Transit Amenities

Transit amenities refer to items of comfort, convenience, and safety that are available to MBL’s general riding public. MBL has set a service policy to ensure equitable distribution of transit amenities across the system for all patrons.

MBL is housed in its own federally funded facility at 400 South Taylor Avenue, Montebello CA 90640. The facility serves as MBL’s headquarters, bus division/yard and maintenance facility. The location is perfectly situated in the center of MBL’s service area and provides optimal access to manage its transit services; as such, the facility location does not result in a disparate impact.

It is MBL’s policy ensure equitable distribution of transit amenities across MBL’s system where they have the decision-making authority and are within their jurisdiction to do so. MBL currently services 862 bus stops and MBL has decision-making authority over 143 bus stops within MBL’s jurisdiction (The City of Montebello). Of those 143 bus stops, 42 of these stops include shelters and the majority of the stops have poles, trash cans, benches and solar lighting systems for safety and convenience.

As a service policy, MBL has set the following standards to provide the stated amenities based on MBL line type:

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MBL lines 10, 20 and 40 (Major Service Lines) have displayed higher ridership from MBL’s minority and low-income populations and the patrons who frequent these lines more heavily rely on this transportation for necessary rides such as (jobs and school), therefore service amenity standards in these areas have been raised to accordingly provide equal access.

Additionally, all bus stops within the City meet the requirements set forth in the Americans with Disabilities Act relative to the clearance dimensions for the location of the bus stop amenities. In addition, MBL is committed to providing its patrons with clean and safe waiting areas. As such, MBL contracts out all maintenance and custodial services of the bus stops to ensure that the bus stops are clean and safe for its patrons in all communities served.

2. Vehicle Assignment

Vehicle assignment refers to the process by which transit vehicles are placed into service in depots and on routes throughout MBL’s system. MBL’s service policies for vehicle assignment are based on several factors, including but not limited to the age, size, and type of the vehicle.

As a general service policy MBL aims to assign vehicles with more capacity to routes with higher ridership and/or during peak periods, this includes assigning higher capacity vehicles to MBL’s Major Local Service and Express Services lines. Additionally, MBL works to ensure that the age of vehicles assigned to minority and low-income lines does not exceed the system-wide average.

3. Disparate Impact Policy

The purpose of this policy is to establish a threshold which identifies when adverse effects of a major service or fare change are borne disproportionately by minority populations. For the purpose of this policy, a minority population is defined as any readily identifiable group of minority persons who live in geographical proximity, and if circumstances warrant, geographically dispersed/transient populations (such as migrant workers or Native Americans) who will be similarly affected by a proposed program, policy, or activity.

MBL defines a “disparate impact” as occurring when an adverse effect of a major service or fare change on minority populations is at least 20 percent greater than the adverse effect on non- minority populations. In order to identify a potential impact, MBL will follow the process within the flow chart illustrated in Attachment A.

To that end, if a proposed major service change would result in a disparate impact, MBL will consider modifying the proposed change to avoid, minimize, or mitigate the disparate impact of the change. If MBL finds potential disparate impacts and then modifies the proposed changes in Service Policy (All lines) Service Policy (Major Lines) Benches 55% Benches 65%
Trash Cans 55% Trash Cans 65%
Poles 55% Poles 65%
Shelters 25% Shelters 35%

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order to avoid, minimize, or mitigate potential disparate impacts, MBL will reanalyze the proposed changes in order to determine whether the modifications actually removed the potential disparate impacts of the changes. If MBL chooses not to alter the proposed changes, MBL may implement the service or fare change if there is substantial legitimate justification for the change and MBL can show that there are no alternatives that would have less impact on the minority population and would still accomplish program goals.

4. Disproportionate Burden Policy

The purpose of this policy is to establish a threshold which identifies when adverse effects of a major service or fare change are borne disproportionately by low-income populations.

Low-income population is defined as any readily identifiable group or households who are at or below 150 percent of the U.S. Department of Health and Human Services Poverty Guidelines in Table 6 below.

2022 Poverty Guidelines for the 48
Contiguous States and the District
of Columbia

Source: U.S. Office of the
Assistant Secretary for
Planning and Evaluation,
HHS Poverty Guidelines
for 2022

MBL defines a “disproportionate burden” as occurring when the low-income population adversely affected by a major service or fare change is 20 percent more than the average low-income population of MBL’s service area. Similar to the approach in identifying a potential disparate impact, should a proposed major service or fare change result in a disproportionate burden, MBL will consider modifying the proposed change to avoid, minimize, or mitigate the disproportionate burden of the change. If MBL finds potential disproportionate burdens and then modifies the proposed changes in order to avoid, minimize, or mitigate potential disproportionate burdens, MBL will reanalyze the proposed changes in order to determine whether the modifications actually removed the potential disproportionate burdens of the changes.

Persons in
Family/Households
Poverty
Guideline
1 $13,590
2 $18,310
3 $23,030
4 $27,750
5 $32,470
6 $37,190
7 $41,910
8 $46,630
Add $4,720 per person
above eight in a household

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If MBL chooses not to alter the proposed changes, MBL may implement the service or fare change if there is substantial legitimate justification for the change and MBL can demonstrate that there are no alternatives that would have less impact on the low-income population and would still accomplish program goals.

C. Monitoring of Transit Service - Results

In accordance with Title VI regulations, MBL monitors the performance of the system relative to system-wide service standards and policies. The purpose of the service monitoring analysis aims to meet the following objectives:

✔ Confirm that performance on routes heavily used by minority and low-income populations is comparable or better than other routes
✔ Gather current service and patronage data to assist management and staff in evaluating current performance and planning future service.
✔ Conduct a detailed analysis of levels of service effectiveness, ridership, capacity issues, passenger loads, route performance, and schedule adherence by the route segment, time of day and day of week.
✔ Assess the level of unmet mobility needs within the MBL service area. ✔ Present the findings of intercept surveys conducted at major bus stops and a random telephone survey of area residents.
✔ Develop a series of recommendations for improvements to MBL’s fixed-route bus network.

Although FTA Circular 4702.1B only requires that transit agencies evaluate the performance of minority routes; MBL also conducts this analysis for low-income routes as a best practice. MBL utilizes the Remix software to capture and perform a preliminary analysis of this data.

This information provides MBL with the necessary data to ensure that Systemwide Standards and Policies are met. Monitoring Analysis also captures passenger-boarding detail, which assists MBL with the determination and placement of transit amenities. Unmet MBL transit needs are identified through this exercise (Monitoring Analysis) as well as by field observations, customer complaints, and suggestions.

The Remix platform compares percentages of minority populations within census block groups against the systemwide minority average. The result is a map of all census block groups within the MBL Service Area. This map, along with the tabulated results, show what block groups are either above or below the average minority percentage. From our results, all bus routes that MBL operates meet the FTA’s definition of a minority transit route, which is the following:

Minority transit route means a route that has at least 1/3 of its total revenue mileage in a Census block or block group, or traffic analysis zone(s) with a percentage of minority population that exceeds the percentage of minority population in the transit service area.

While all transit routes served by MBL are considered minority transit routes, in this analysis Line 90 will not be considered such since it utilizes the highway (CA SR-60) for a good portion of its service. This means service is usually rendered at the beginning and end of the trip. Both

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aforementioned segments, starting and ending, have more non-minority census block groups than any other lines within the system.

The average minority percentage for MBL’s Service Area (1/4mi from a fixed-route stop) is 89.3% as concluded by the Title VI analysis done on the Remix platform. From the findings, 227 block groups are deemed below average minority percentage, and the remaining 408 block groups are above the average minority percentage. A map of the census block groups with a key showing the aforementioned information may be found below:

Performance of minority and low-income classified routes were compared to the performance of nonminority and non-low-income classified routes. The differences in performance were evaluated to determine if a disparate impact or disproportionate burden exists for minority or low- income classified routes based on each of the following service standards:

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• Vehicle Load
• Vehicle Headway
• On-Time Performance
• Service Availability

1. Vehicle Load

MBL has met the vehicle load standards within the 2019 to 2022 review period. The vehicle load standard for Major Local service is 125% peak/100% off peak, Minor Local Service and Express Service is 100% all day.

Vehicle load factors are regularly monitored through MBL’s collection by an AVL (Automatic Vehicle Location) company and submitted into MBL’s Remix software that captures and analyzes our daily ridership data. Through diligent monitoring, MBL is able to maintain its vehicle load at acceptable standards. The latest line-by-line analysis study includes vehicle load data collected from 2019 to 2022 and demonstrates that the average vehicle load percentages by line did not experience overcrowding that would warrant additional buses by line.

Vehicle Loads by Line
Average Daily Loads by Capacity

Line Description Seating
Capacity Weekday Saturday Sunday

10 Service from East Los Angeles
College, Monterey Park to Whittwood
Mall, Whittier
38 61% 58% 52%

20 Service from San Gabriel Blvd.,
Rosemead to Telegraph Road,
Montebello
38 40% 39% 34%

30 Service from South Gate to San Marino
via Garfield Avenue 38 53% 46% 36%
40 Service from City of Whittier to
Downtown Los Angeles 38 51% 47% 43%
50 Service from La Mirada to Downtown
Los Angeles via Washington Blvd 38 61% 44%
60 Service from San Gabriel River
Parkway to Telegraph Road in Pico
Rivera
29 14%
70 Metrolink Station, Montebello to
Montebello Town Center 29 16%
90 Express Service to Downtown Los
Angeles from Norwalk Blvd, Whittier 38 18%

Although MBL’s analysis did not identify instances of overcrowding, MBL will conduct additional surveys if comments or complaints are received relative to overcrowding on a given route.

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2. Vehicle Headway

MBL’s on-going monitoring efforts has confirmed that MBL is currently meeting MBL’s Headway Standards on each of our major local, minor local, and peak express service categories as captured below:

1. Major Local Service (Lines 10, 20, & 40): Headway standards for Major Local Service, 15-30’ peak, 60’ weekday off-peak, weekends, and holidays.

2. Minor Local Service (Lines 30, 50, 60, & 70): Headway standards for Minor Local Service, 30-45’ peak, 60’ weekday off-peak, weekends, and holidays.

3. Peak Express Service (Line 90): MBL’s headway standards for Express Service is 30’ peak.

The table below identifies the peak frequencies by service day for each of the respective MBL routes.

Service Days and Operating Frequency by Line
Line Description
Peak Service Frequency (in
minutes)
Weekday Saturday Sunday
10 Service from East Los Angeles College, Monterey
Park to Whittwood Mall, Whittier 15 17 17

20 Service from San Gabriel Blvd., Rosemead to
Telegraph Road, Montebello 45 45 45

30 Service from South Gate to San Marino via Garfield
Avenue 35 35 35
40 Service from City of Whittier to Downtown Los
Angeles 11 16 18
50 Service from La Mirada to Downtown Los Angeles via
Washington Blvd 18 56
60 Service from San Gabriel River Parkway to Telegraph
Road in Pico Rivera 77

70 Metrolink Station, Montebello to Montebello Town
Center 45
90 Express Service to Downtown Los Angeles from
Norwalk Blvd, Whittier 95

From this analysis, Line 20, 70, and 90 are currently not meeting service standards. This has been due to the nationwide bus operator shortage, as well as complications in operations from the Covid-19 Pandemic. Staff is aware of current issues and has begun a strong recruitment

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campaign in order run more service effectively. Headways were increased initially to be able to provide reliable service. MBL expects to meet its service standards as it recovers from pandemic woes.

3. On-Time Performance

MBL routinely monitors on-time performance by performing on-going route/line time-checks by driver. MBL monitors each driver’s on-time performance on an on-going basis and regularly meets with and performs trainings of drivers regarding procedures in response to these reviews. On- time performance is also a major factor evaluated in driver performance metrics. MBL performs an annual analysis of MBL driver on-time performance on average.

Additionally, MBL also preforms systemwide service monitoring by bus route on-time performance. Averages are taken by month to get a better understanding of schedule compliance and system health as whole. During the reporting period July 2019 – July 2022, MBL maintained an systemwide average of 75% overall. This falls short of the 80% on-time performance goal and policy of Montebello Bus Lines. This analysis does encompass the effects of the Covid-19 Pandemic and the effects thereafter such as but not including local health department mandates for quarantine and labor / Bus Operator shortages. Below is a breakdown of the systemwide averages by month, averages by month, and total systemwide average. The immediate effects of the pandemic can be seen by the 38% on-time performance on April 2020 when the local health board issues a Stay-at-Home order.

A breakdown of On-Time Performance by bus line may be found below. This will help MBL identify any potential line-specific issue that may be present.

Summary of Systemwide On-Time Performance (by percentage) 2019 2020 2021 2022 Average by Month
Jan 73% 84% 72% 76%
Feb 72% 81% 70% 74%
Mar 76% 80% 69% 75%
Apr 38% 80% 69% 62%
May 75% 80% 66% 74%
Jun 82% 79% 69% 77%
Jul 75% 82% 80% 74% 79%
Aug 72% 83% 78% 78%
Sep 70% 83% 77% 77%
Oct 70% 83% 73% 75%
Nov 73% 83% 73% 76%
Dec 71% 83% 70% 75%
Total Systemwide Average: 75%

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On-Time Performance by Bus Route (Calendar Year)
Line 10 (Minority Route)
Year Route On-time Percent Early Percent Late Percent
Early
Outlier
Percent
Late Outlier
Percent
2019 10 Whittier Blv 73% 5% 22% 0% 0%
2020 10 Whittier Blv 80% 5% 15% 0% 0%
2021 10 Whittier Blv 80% 6% 14% 0% 0%
2022 10 Whittier Blv 69% 15% 14% 2% 0%
Line 20 (Minority Route)
Year Route On-time Percent Early Percent Late Percent
Early
Outlier
Percent
Late Outlier
Percent
2019 20 San Gabriel 83% 4% 12% 1% 0%
2020 20 San Gabriel 87% 4% 9% 0% 0%
2021 20 San Gabriel 80% 3% 16% 0% 0%
2022 20 San Gabriel 76% 6% 18% 0% 0%
Line 30 (Minority Route)
Year Route On-time Percent Early Percent Late Percent
Early
Outlier
Percent
Late Outlier
Percent
2019 30 Garfield Ave 72% 8% 16% 4% 0%
2020 30 Garfield Ave 78% 5% 15% 2% 0%
2021 30 Garfield Ave 73% 4% 23% 0% 0%
2022 30 Garfield Ave 75% 12% 13% 1% 0%
Line 40 (Minority Route)
Year Route On-time Percent Early Percent Late Percent
Early
Outlier
Percent
Late Outlier
Percent
2019 40 Beverly Blvd 70% 7% 21% 1% 0%
2020 40 Beverly Blvd 79% 9% 12% 1% 0%
2021 40 Beverly Blvd 79% 7% 14% 0% 0%
2022 40 Beverly Blvd 71% 15% 12% 2% 0%
Line 50 (Minority Route)
Year Route On-time Percent Early Percent Late Percent
Early
Outlier
Percent
Late Outlier
Percent
2019 50 Washington B 69% 4% 27% 0% 0%
2020 50 Washington B 73% 4% 23% 1% 0%
2021 50 Washington B 71% 4% 25% 0% 0%
2022 50 Washington B 67% 7% 26% 0% 0%
Line 60 (Minority Route)

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Year Route On-time Percent Early Percent Late Percent
Early
Outlier
Percent
Late Outlier
Percent
2019 60 Passons Blvd 70% 4% 25% 0% 0%
2020 60 Passons Blvd 70% 4% 26% 0% 0%
2021 60 Passons Blvd 74% 2% 24% 0% 0%
2022 60 Passons Blvd 81% 8% 10% 0% 0%
Line 70 (Minority Route)
Year Route On-time Percent Early Percent Late Percent
Early
Outlier
Percent
Late Outlier
Percent
2019 70 Wilcox Ave 77% 2% 21% 0% 0%
2020 70 Wilcox Ave 83% 2% 15% 0% 0%
2021 70 Wilcox Ave 79% 4% 18% 0% 0%
2022 70 Wilcox Ave 79% 3% 18% 0% 0%
Line 90 (Non-Minority Route)
Year Route On-time Percent Early Percent Late Percent
Early
Outlier
Percent
Late Outlier
Percent
2019 90 MBL Express 62% 3% 34% 1% 0%
2020 90 MBL Express 73% 7% 19% 1% 0%
2021 90 MBL Express 65% 4% 32% 0% 0%
2022 90 MBL Express 69% 6% 25% 0% 0%
Averages by Category: 75% 6% 19% 1% 0%

Based on the data in the Summary of Systemwide On-Time Performance table, MBL is currently falling slightly short of their 80% on-time performance standard. In review, the months of March, July September, October and December displayed more significant shortfalls in meeting on-time performance standards. MBL identified that these time periods overlapped with scheduled construction projects and street closures/detours which created a delay in typical route times.

MBL further analyzed the On-Time Performance to compare minority to non-minority routes. From the findings, as seen in the table above, minority route preformed at level or more efficiently than non-minority routes. This analysis ensures that minorities are receiving equal access to transit service in comparison to non-minority routes.

Based on the data in Table 9, MBL is currently not only meeting but exceeding the leaving early performance standard of .5% The average instances of buses leaving early was found to be .1%.

4. Service Availability (Transit Access)

MBL’s analysis of current service monitoring has identified that MBL is currently meeting Service Standards of providing MBL patrons with access to fixed-route service within ¼ mile of MBL routes. Utilizing the Remix [transit planning] software, it has been determined that the average

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spacing of our 789 bus stops is 1,349 feet apart, or exactly ¼ miles from each other. Below you may see the breakdown of distance of stops by line:

As seen above, most routes meet or exceed the ¼ mile accessibility threshold. Line 70 is a circular route that runs mostly within City of Montebello proper and is meant to connect residents to key areas within the City, which is why the between stops is a bit more elevated (.03) miles than the accessibility standard of ¼ miles. Moving forward, MBL will explore the possibility of adding more stops to the route in efforts to bring down the overall average.

The biggest outlier is Line 90, which is the Downtown Express Bus connecting Montebello to the Downtown Los Angeles Area. The biggest reason for the average distance between stops being significantly higher in comparison to the rest of the bus stops would be since this bus utilizes California State Route 60 to get to its destinations.

D. Service Policy – Assessment Results

Level of Services on minority and low-income classified routes were compared to the level of service on nonminority and non-low-income classified routes based on MBL’s service policies.

The differences in service were evaluated to determine if a disparate impact or disproportionate burden exists for minority or low-income classified routes based on each of the following service policies:

• Transit Amenities (Distribution of)
• Vehicle Assignment
• Disparate Impact
• Disproportionate Burden

Bus Line
Number
Average
Distance
Between Stops
(in Miles)
Minority
Route
10 0.21 Yes
20 0.22 Yes
30 0.20 Yes
40 0.22 Yes
50 0.25 Yes
60 0.21 Yes
70 0.28 Yes
90 1.04 No

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1. Transit Amenities (Distribution of)
MBL currently maintains and services 862 bus stops. One hundred fourteen of these stops include shelters and the majority of the stops have solar lighting systems for safety and convenience.

In review of the bus stop amenities provided within the review period (2019/2022) MBL has identified that it is meeting all of MBL’s service standards in this area with the exception of falling slightly short of the standard for poles on major lines, see below:

Bus Stop Amenities (All lines: 143)
Bus Stop Amenities
(Major
Lines:100)
Benches 89 62% Benches 71 71%
Trash Cans 89 62% Trash Cans 73 73%
Poles 100 70% Poles 62 62%
Shelters 42 29% Shelters 38 38%

MBL will continue to monitor this information and take these standards as well as the shortfall in poles into consideration in making future funding decisions regarding upgrades and access to amenities. During the last reporting period, MBL has initiated a Bus Shelter Capital Improvement Project that will not only fix any pole deficiencies, but will upgrade much of the shelters, poles, trash cans, and benches. This capital is expected to encroach into this reporting period as MBL finalizes assessments to prepare a work package.

Additionally, since the last Title VI Program update (2020) MBL has completed the following activities related to upgrading or improving access to bus stops and/or transit amenities:

• Continuous completion Capital Improvement Projects which included pavement resurfacing, sidewalk repairs, curb & gutter repairs, ADA ramps installation, pavement striping, etc.
• Implementation of continuous 5-year Street Pavement Moratorium, on newly resurfaced streets.
• Continuous Implementation of an annual Sidewalk Repair Program. • Conducted various Traffic Studies and Stop Warrants as requested by the Traffic and Safety Commission.
• Implementation of newer advanced vehicle surveillance system. • Completed Dispatch and vehicle radio replacement, to meet the new P25, Interagency Radio Communication Standard.
• Implementation of new scheduling software that can give vital transit equity data on demand.
• Bus Stop Improvement Project (by phases)

2. Vehicle Assignment

MBL coaches are assigned to each route based upon route-level capacity requirements. Higher seating capacity (38/39-seat) buses are assigned to the longest and highest volume lines with multiple peak-load points. The 29-seat buses are generally assigned to lines with lighter loads.

Page | 26

Aside from the length of the bus and the greater seating capacity of the larger buses, all vehicles are made by the same manufacturer and identical (including wheelchair lifts and air conditioning on all coaches), thereby providing the same amenities and accessibility features to all passengers in all serviced communities. Additionally, vehicles of the same lengths are routinely rotated to ensure that minority, low-income and densely populated areas are provided vehicles of a similar age and type.

MBL Service Fleet Vehicles
Year
Built Manufacturer Model Seats Lengths Fuel Total
Owned Age Assigned
Route(s)
2008 New Flyer Low Floor 38 40' Hybrid
Gas/Electric 15 14
Major Local
and Peak
Express
2009 New Flyer Low Floor 38 40' Gas 16 13
Major Local
and Peak
Express
2009 New Flyer Low Floor 29 35' Gas 8 13 Minor Local
Service
2011 New Flyer Low Floor 38 40' CNG 7 11
Major Local
and Peak
Express
2013 New Flyer Low Floor 38 40' CNG 8 9
Major Local
and Peak
Express
2016 New Flyer Low Floor 38 40' CNG 7 6
Major Local
and Peak
Express
2018 New Flyer Low Floor 38 40' CNG 5 4
Major Local
and Peak
Express
2020 New Flyer Low Floor 38 40' CNG 1 2
Major Local
and Peak
Express
2021 New Flyer Low Floor 38 40' CNG 9 1
Major Local
and Peak
Express
Total 76
Average Age of Busses (Total age of all buses divided by total owned): 8.1 Years

3. Disparate Impact Policy

As no major service or fare changes occurred within the monitoring period MBL does not have disparate impact data available to analyze.

4. Disproportionate Burden Policy

As no major service or fare changes occurred within the monitoring period MBL does not have data to assess whether a major service or fare change would be disproportionately borne by low- income populations.

Page | 27

E. Collection and reporting of Demographic Data

The reporting requirements of 49 CFR Section 21.9(b), requires transit providers that operate 50 or more fixed route vehicles in peak service and that are located in a UZA of 200,000 or more in population to provide Demographic and Service Profile Maps and Charts. Specifically, MBL is required to prepare the following maps and charts:

1. System Map

2. Population Density Map

3. Poverty Density Map

4. Minority Density Map/Racial Distribution Charts

5. Priority Populations Map

6. Ridership Demographics and Travel Patterns

This data was generated by Remix transit planning software using data from the 2020 American Community Survey.

MBL has provided a base map of MBL’s transit service area below.

System Map

Page | 28

Population Density Map

Poverty Density Map

Page | 29

Overall Minority Map

Hispanic or Latino Density Map

Page | 30

Black or African American Density Map

Asian Density Map

Page | 31

Native Hawaiian or Pacific Islander Density Map

Native American or Alaskan Native Density Map

Page | 32

Ethnic / Racial Distribution Chart
Ethnicity Breakdown by Service City
Source: U.S. Census Bureau - Population 2020 QuickFacts City /
Ethnicity
White -
not
Hispanic
or Latino
African
American
Hispanic
or Latino Asian
Pacific
Islander/
Native,
Hawaiian
Native
American Other Totals
Alhambra 8.8% 2.4% 34.9% 52.0% 0.3% 0.7% 0.0% 82,868 Bell Gardens 2.0% 1.3% 96.2% 0.0% 0.0% 0.0% 0.0% 39,501 Commerce 2.3% 0.1% 95.2% 0.1% 0.0% 2.9% 0.1% 12,867 La Mirada 32.9% 1.3% 32.9% 21.0% 0.1% 0.7% 0.1% 48,008 Los Angeles 28.5% 8.8% 48.1% 11.8% 0.2% 0.7% 0.4%
3,898,747
Montebello 6.6% 0.9% 79.0% 13.4% 0.1% 0.8% 0.0% 62,640 Monterey
Park 5.0% 0.7% 27.4% 65.8% 0.3% 0.7% 0.1% 61,096 Pico Rivera 4.8% 0.9% 90.5% 3.6% 0.1% 0.8% 0.1% 62,088 Rosemead 4.0% 0.4% 30.0% 64.2% 0.2% 0.9% 0.0% 51,185 San Gabriel 10.8% 0.7% 23.6% 62.7% 0.1% 0.4% 0.1% 39,568 Santa Fe
Springs 12.8% 3.9% 74.8% 6.8% 0.0% 0.5% 1.2% 17,681 South Gate 3.0% 0.5% 95.3% 0.8% 0.2% 1.0% 0.0% 92,726 Vernon 6.0% 8.0% 75.6% 6.0% 0.0% 1.0% 0.0%
222
Whittier 24.5% 1.5% 65.8% 5.3% 0.0% 1.1% 1.0% 87,306 Totals 10.9% 2.2% 62.1% 22.4% 0.1% 0.9% 0.2% 4,556,503

1. On-Board Survey Demographics Results

The tables below are the results form our on-board survey results. As demonstrated below, there is a failry equal distribution of riders by age among all of our patrons. The most common language spoken at home is English, followed by Spanish then Chinese. 70% of our patron are employed, regardless of full-time status, while 16% are unemployed, 8% are retired, 6% are homemakers, and the remaining 1% volunteers. Our biggest demographic and minority demographic is Hispanic/Latino at 67%. Approximately 2/3rd of our rider’s household income is $34,999 or below.

Age of Riders
16-24 23%
25-39 26%
40-54 25%
55 or older 27%
Household Income
Less than $15,000 42%
$15,000 to $24,999 22%
$25,000 to $34,999 13%
$35,000 to $54,999 14%
$55,000 to $75,000 6%
More than $75,000 4%
Employment Status
Volunteer 1%
Homemaker 6%
Retired 8%
Unemployed 16%
Employed Part Time 21%
Employed Full Time 49%

Page | 33

4. Equity Analysis of Service and Fare Changes

Periodic service changes are needed to address changing ridership trends, population distribution, land use patterns, unmet transportation needs, and availability of resources. The FTA requires that funding recipients prepare and submit service and fare equity analyses for public comment in consideration of proposed major service or fare changes. Accordingly, MBL has established a threshold that defines a “major service change” and the definition of an ensuing adverse impact that would be created by a “major service change”.

Specifically, a major service change is defined by MBL as meeting one of the following criteria:

• All proposed fare changes excluding ride free promotional events, and temporary fare reductions that are mitigating measures for other actions.

• All promotional fare reductions remaining in effect after six (6) months. • Proposed service expansions and reductions including all routing and timetable changes remaining in effect after 12 months that exceed 20 percent of their current configurations.

If a proposed major service change falls within one of the three categories above, MBL will conduct a Title VI service and fare equity analysis for review and consideration by the City of Montebello Council and the public prior to implementing such changes. Proposed system-wide changes are then prepared in staff reports for City Council consideration. Public comments and City Council input formulate the administrative policies that provide equal accessibility and distribution of services to all riders.

An adverse effect is defined as a major geographical or time-based reduction in service which may include, but is not limited to, span of service changes, frequency changes, route segment elimination, re-routing, or route elimination. MBL shall consider the degree of adverse effects in the form of an equity analysis when planning major service changes.

The following types of service changes are exempt:

Minor route alignment, frequency, span, or time point adjustments; Language Spoken at Home
English 61%
Spanish 38%
Chinese 1%
Race and Ethnicity
Hispanic Only 67%
Hispanic and another Race 13%
Caucasian/White 10%
Asian 3%
African American/Black 3%
Other 5%

Page | 34

• Routing or bus stop changes due to temporary road detours caused by construction, maintenance, closures, emergencies, labor disruptions or strikes, fuel shortages, or safety concerns;
• Any temporary service addition, change, or discontinuation of a route with less than twelve months of operation;
• Changes on special service routes serving sporting events, special events, or service contracted through other cities or agencies;
• Any service change that does not meet the definition of a major service change described above.

Montebello Bus Lines currently is going through a Comprehensive Operational Analysis with the end goal of providing service change recommendations to optimize service systemwide. This Comprehensive Operational Analysis will also look at MBL’s current fare structure and provide any recommendations accordingly. During the last reporting period, MBL has not had any major service or fare changes. If the situation were to change, staff will take the appropriate actions to ensure any major service or fare change, by definitions, undergoes a servicer equity analysis.

MBL management and planning staff hold monthly staff meetings to discuss service recommendations. Overall benefits, costs, and fair distribution of services are determined at the planning and programming stages. Proposed system-wide changes are then prepared in staff reports for City Council consideration. Public comments and City Council input formulate the administrative policies that provide equal accessibility and distribution of services to all riders.

5. City of Montebello Title VI Resolution

A copy of the Resolution of the City Council of the City of Montebello approving and adopting the:
• MBL Title VI Program Report
o Including the definitions of Disparate Impact and Disproportionate Burden o Transit System Monitoring Results

is provided in Appendix D.

6. Conclusion

MBL is committed to its mission “To provide superior transportation services to Montebello and surrounding communities.” Further, the agency understands the need to align the mission with stated goals and objectives. In addition, MBL must accomplish said goals within the framework of established FTA regulations, in particular Title VI. MBL strives to promote fiscal responsibility and a culture of integrity, cultivates a work environment that fosters performance and high morale; and consistently works to enhance customer service. In doing so, MBL employees are focused and effective which leads to increased operational efficiency, higher revenues, sustained public trust and confidence while fulfilling community interests and needs; and accomplishing the mission of the organization.

Attachment A

TITLE VI DISPARATE ANALYSIS CHART

Do the proposed changes
create a disparate impact?

YES NO

Is there a substantial
justification for the
proposal and has it been
determined that the
proposal is the least
discriminatory option?
Revise proposal
(e.g. withdraw
proposal, reduce
proposal, submit an
alternative)
Analysis is completed.

Proceed with public
engagement process (if
applicable)

YES
Re-analyze changes for
disparate impact?

Analysis is
completed. Proceed
with public
engagement process
(if applicable)

YES NO

Fare Policy and
Major Service Changes
Revise proposal in
compliance of
Title VI Program
Analysis is Completed.

Proceed with public
engagement process (if
applicable)

Proceed with public
engagement process

400 S. Taylor Ave. Montebello, CA 90640

Title VI Complaint Process

Any person who believes that they have been subjected to discrimination on the basis of race, color, or national origin may file a Title VI complaint with MBL. MBL employs a zero tolerance policy relative to alleged acts of discrimination and posts the process for filing a complaint on the Department of Transportation website. The Title VI Complaint Form may be printed from the www.rideMBL.com website or may also be requested from MBL Customer Service who can be reached at (323) 558-1625. The Title VI Complaint Form is also available for pickup at the Department of Transportation, 400 S. Taylor Avenue, Montebello. The completed signed form must be returned to Montebello Bus Lines, Attn: Transit Operations Manager, 400 South Taylor Avenue, Montebello, CA 90640.

Complaints must be filed within one hundred and eighty (180) days of the date of the alleged discrimination and should include the following information:

1. Complainant’s name, address, and contact information (i.e., teleph one number, email address, etc.)

2. Description of how, when, where, and why complainant believes the discrimination occurred. In addition, the location, names, and contact information of any witnesses should also be included.

All complaints alleging discrimination based on race, color or national origin relative to a service or benefit provided by MBL will be recorded. MBL staff will forward the Title VI complaint to the Director of Transportation and will provide appropriate assistance to complainant(s), including those persons with disabilities, or who are limited in their ability to communicate in English. MBL will make every effort to resolve such complaints in a quick and expeditious manner. In instances where additional information is needed for assessment or investigation of the complaint, MBL will contact the complainant within 15 working days. Failure of the complainant(s) to provide the requested information within the specified timeframe may result in the administrative closure of the complaint.

MBL will investigate the complaint and prepare a response subject to review by MBL’s Director of Transportation. If appropriate, MBL may administratively close the complaint and advise the complainant(s) of his / her right to file a complaint externally. The complainant(s) will also be advised of his / her right to appeal the response to Federal and State authorities as appropriate. MBL will employ every effort to respond to a Title VI complaint within sixty (60) working days of its receipt of such a complaint, unless a complaint is filed with MBL and an external entity simultaneously as noted previously.

MBL will send a final written response to the complainant(s) and advise the complainant(s) of his or her right to file a complaint externally. MBL will make every effort to respond to Title VI complaints within sixty (60) working days of its receipt of such complaints.

In addition to the MBL Title VI Complaint Process, a complainant may file a Title VI complaint directly with the U.S. Department of Transportation:

Federal Transit Administration
Office of Civil Rights
Attention: Complaint Team
East Building, 5th Floor – TCR
1200 New Jersey Avenue, SE
Washington, DC 20590

Title VI Complaint Form
Complainant’s Name: ____________________________________________ Address: _______________________________________________________ City: ____________________________________ State: ____________ Zip Code: __________________ Telephone Number
Primary: ___________________________________ Alternate: _________________________________ Email Address: ________________________________________________________________________ Person(s) discriminated against if someone other than complainant:

Name: ____________________________________________
Address: _______________________________________________________ City: ____________________________________ State: ____________ Zip Code: __________________ Date of Incident: ___________________________ Bus #: _____________ Route #: _________________ Other Location (if applicable):
_____________________________________________________________________________________ _____________________________________________________________________________________ Please check the box that best describes the reason for the alleged discrimination taking place:
 Race  Color  National Origin
Please describe the alleged discrimination incident. Provide the names and titles of all Montebello Bus Lines employees involved if available. Explain what happened and whom you believe was responsible. If necessary, use the back of this form.
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

_____________________________________________________________________________________ Title VI Complaint Form (Continued)
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Have you filed a complaint with another Federal, State, or local agency?  Yes  No Have you filed a complaint with another Federal, State, or local court?  Yes  No If you have filled a complaint with another Federal, State, or local agency/court, please provide information on a contact person where the complaint was filed.

Agency Name: _________________________________________________________________________ Contact Name: _________________________________________________ Address: _______________________________________________________ City: ____________________________________ State: ____________ Zip Code: __________________ I affirm that I have read the above charge and that it is true to the best of my knowledge, information and belief.

_______________________________________ __________________________ Complainant Signature Date

Proceso de reclamo en función del Título VI
Toda persona que cree haber sido discriminada por motivos de raza, color de piel o nacionalidad puede presentar un reclamo en función del Título VI ante Montebello Bus Lines (MBL). MBL sigue una política de tolerancia cero con respecto a los actos de discriminación. El proceso para presentar un reclamo se encuentra en el sitio web del Departamento de Transporte. Puede imprimir el formulario de reclamo en función del Título VI desde el sitio web www.rideMBL.com o se lo puede solicitar al Servicio de Atención al Cliente de MBL llamando al (323) 558-1625. El formulario de reclamo en función del Título VI también está disponible para retirarlo en el Departamento de Transporte, 400 S. Tay lor Avenue, Montebello. Se debe regresar el formulario completo y firmado a Montebello Bus Lines, Transit Operations Manager, 400 South Taylor Avenue, Montebello, CA 90640.

Los reclamos se deben presentar dentro de los ciento ochenta (180) días de ocurrida la presunta discriminación y deben incluir la siguiente información:

1. Nombre del denunciante, dirección e información de contacto (es decir, número de teléfono, correo electrónico, etc.).

2. Descripción de cómo, cuándo, dónde y por qué el denunciante cree qu e ocurrió la discriminación.

Además, se debe incluir la ubicación, los nombres y la información de contacto de cualquier testigo.

Se registrarán todos los reclamos que alegan discriminación por motivos de raza, color de piel y nacionalidad en relación con un servicio o beneficio que brindó MBL. El personal de MBL enviará el reclamo en función del Título VI al director de Transporte y brindará asistencia adecuada a los denunciantes, incluidas aquellas personas con discapacidad o quienes tengan dificultades para comunicarse en inglés.

MBL hará todo lo posible para solucionar dichos reclamos de manera rápida y eficaz. En instancias en las que se necesite información adicional para la evaluación o investigación del reclamo, MBL se contactará con el denunciante dentro de los 15 días hábiles. El incumplimiento por parte del denunciante de brindar la información solicitada dentro del período específico puede dar como resultado el cierre administrativo del reclamo.

MBL investigará el reclamo y preparará una respuesta que estará sujeta a la revisión del director de Transporte de MBL. Si corresponde, MBL puede cerrar de manera administrativa el reclamo y asesorar a los denunciantes en su derecho de presentar un reclamo externamente. Los denunciantes también recibirán asesoramiento en su derecho de apelar la respuesta de las autoridades federales y estatales, según corresponda. MBL hará todo lo posible para responder el reclamo en función del Título VI dentro de los sesenta (60) días hábiles de recibido dicho reclamo, a menos que se haya presentado el reclamo ante MBL y una entidad externa a la vez, como se indicó anteriormente.

MBL enviará una respuesta final por escrito a los denunciantes y los asesorará en su derecho de presentar un reclamo externamente. MBL hará todo lo posible para responder los reclamos en función del Título VI dentro de los sesenta (60) días hábiles de recibidos dichos reclamos.

Además del proceso de reclamo de MBL en función del Título VI, el denunciante puede presentar un reclamo en función del Título VI directamente ante el Departamento de Transporte de los EE. UU.:

Federal Transit Administration
Office of Civil Rights Attention: Complaint Team East Building, 5th Floor – TCR
1200 New Jersey Avenue, SE
Washington, DC 20590

Formulario de reclamo en función del Título VI

Nombre del denunciante _
Dirección:

Ciudad: Estado: _ Código postal:

Número de teléfono

Principal: A lternativo:

Correo electrónico:

Personas discriminadas (si es una persona distinta del denunciante) Nombre:

Dirección:

Ciudad: Estado: _ Código postal:

Fecha del incidente: Número de autobús: _ Número de ruta:

Otra ubicación (si corresponde):

Marque la casilla que mejor describa el motivo de la presunta discriminación:

☐ Raza ☐ Color de piel ☐ Nacionalidad

Describa el incidente de la presunta discriminación. Indique los nombres y los puestos de todos los empleados de Montebello Bus Lines involucrados, en medida de lo posible. Explique qué sucedió y quién cree que es responsable. Si es necesario, use el dorso del formulario.

Formulario de reclamo en función del Título VI (continuación)

¿Ha presentado un reclamo ante otra agencia federal, estatal o local? ☐ Sí ☐ No ¿Ha presentado un reclamo ante otro tribunal federal, estatal o local? ☐ Sí ☐ No Si ha presentado un reclamo ante otra agencia/otro tribunal federal, estatal o local, brinde la información de contacto de una persona que se encuentra en el lugar donde presentó el reclamo.

Nombre de la agencia:

Nombre del contacto:

Dirección:

Ciudad: Estado: _ Código postal:

Declaro que he leído la acusación anteriormente mencionada y que es verídica según mi leal saber y entender.

Firma del denunciante Fecha

第六章 (Title VI) 投诉流程
任何认为自己因种族、肤色或原国籍而受到歧视之人皆可向蒙特贝洛公交线路公司
(Montebello Bus Lines, MBL) 提交第六章 ( Title VI) 投诉。MBL 对指称歧视行为持零容忍 态度，并提供向交通部 ( Department of Transportation) 网上提交申诉的流程。您可在网站 www.rideMBL.com 打印或拨打 MBL 客服部 ( MBL Customer Service) 电话 (323) 558-1625 申领第六章 ( Title VI) 投诉表格。 您也可前往交通部 ( Department of Transportation) 领取第六章 ( Title VI) 投诉表格，地址为：400 S. Taylor Avenue, Montebello。表格填妥后须 交回下址：Montebello Bus Lines, Attn: Transit Operations Manager, 400 South Taylor Avenue, Montebello, CA 90640。

歧视投诉必须在受到所指控之歧视后一百八十 (180) 日内提交，并应包括以下内容：

1. 投诉者姓名、地址和联系方式（例如电话号码、邮箱地址等）

2. 说明存在歧视的具体行为、 时间、 地点及投诉者认定其为歧视行为之原因。 此外， 还应包
括所涉证人地址、姓名和联系方式。

所有指控 MBL 提供之服务或福利因种族、肤色或原国籍受到歧视的投诉均将被记录在案。
MBL 员工将向交通部负责人提交第六章 ( Title VI) 投诉， 并向投诉者提供适当援助， 包括：
向残疾人士或英语交流能力有限之人士提供援助。MBL 将尽一切努力以快速、高效的方式
解决此类投诉。若因投诉评估及调查需补充其他信息，MBL 将在 15 个工作日内联系投诉
者。若投诉者未在指定时限内提供所需材料，则对投诉之行政处理予以终止。

MBL 将调查该投诉并根据 MBL 交通部负责人的审查准备一份答复材料。 如有必要，MBL
可通过行政方式终止投诉指控， 并通知投诉者其有权在外部当局提出投诉。 投诉者还将被告
知， 如有需要， 其有权向联邦和州当局提出上诉。MBL 将尽一切努力于收到第六章 ( Title VI)
投诉六十 (60) 日内予以回复，前述情况除外，即：投诉同时提交给 MBL 和外部实体。

MBL 将向投诉者发出最终书面答复，并告知其有权向外部当局提交投诉。MBL 将尽一切
努力于收到第六章 ( Title VI) 投诉六十 (60) 日内予以回复。

除 MBL 第六章 ( Title VI) 投诉流程外，投诉者还可直接向美国交通部 (U.S. Department of Transportation) 提交第六章 ( Title VI) 投诉，地址为：

Federal Transit Administration
Office of Civil Rights
Attention: Complaint Team
East Building, 5th Floor – TCR
1200 New Jersey Avenue, SE
Washington, DC 20590

第六章 (Title VI) 投诉流程
投诉者姓名：
地址：
市 州 市 邮编：
首选电话号码： 备用电话号码：
电子邮箱：
除投诉者外同样受到歧视之人：
姓名：
地址：
市 州 市 邮编：
歧视事件发生时间： 班车编号： 路线编号：
其他地点（若适用）：

请勾选最能描述指控之歧视发生原因的方框：
 种族  肤色  原国籍
请描述指控之歧视事件。如有可能，请提供所有涉及歧视的蒙特贝洛公交线路公司
(Montebello Bus Lines) 员工姓名和职称。请说明发生的具体行为并说明您认为应对此负责
之人。如需添加纸页，请在表格背面填写。

第六章 ( Title VI) 投诉表格（接上页）

您是否曾向其他联邦、州或当地机构提交过投诉？ 是  否
您是否曾向其他联邦、州或当地法院提交过投诉？ 是  否
若您曾向其他联邦、州或当地机构/法院提交过投诉，请提供您提交投诉的机构联系信息。
机构名称：
联系人：
地址：
市 州 市 邮编：
本人确认已阅读上述指控，并保证就本人所知所信上述内容均属实。

投诉者签名 日期

타이틀 VI (Title VI) 민원 절차

인종, 피부색 또는 국가 출신에 따라 차별을 받았다고 생각하는 사람은 누구나 MBL에 타이틀 VI (Title VI) 민원을 제기할 수 있습니다. MBL은 차별 행위와 관련하여 무관용 정책을 채택하고 있으며, 불만 신고 절차를 교통부 웹사이트에 게시합니다. 타이틀 VI (Title VI) 민원 신고 양식은 www.rideMBL.com 웹 사이트에서 인쇄하거나 (323) 558-1625로 연락 가능한 MBL 고객 서비스에 요청할 수도 있습니다. 타이틀 VI (Title VI) 민원 신고 양식은 몬테벨로의 테일러 애비뉴의 교통부 400S에서도 받을 수 있습니다. 작성된 서명 양
식은 몬테벨로 버스 라인(주소: T
ransit Operations Manager, 400 South Taylor Avenue, Montebello, CA 90640.)으로 반송되어야 합니다.

민원은 차별받은 날짜로부터 180일 이내에 접수되어야 하며 다음 정보를 포함해야 합니다.

1. 민원인 이름, 주소 및 연락처 정보 (예: 휴대전화 번호, 이메일 주소 등.)

2. 원인이 차별이 발생한 경위, 시기, 장소, 이유를 기술합니다. 또한, 목격자의 위치, 이름, 연락처도 포함되어야 합니다.

MBL이 제공하는 서비스 또는 혜택과 관련하여 인종, 색상 또는 국가 출신에 따른 차별을 주장하는 모든 민원이 기록 됩니다. MBL 직원은 타이틀 VI (Title VI) 민원 사항을 교통부장에게 전달 하고, 장애인을 포함하거나 영어로 의사소통하는 데 한계가 있는 불만 사항을 적절하게 지원할 것입니다. MBL은 이러한 불만사항을 신속하고 기민하게 해결하기 위해 모든 노력을 기울일 것입니다. 민원 사항의 평가 또는
조사를 위해 추가 정보가 필요한 경우 MBL은 15 영업일 이내에 민원 제출인에게 연락합니다. 민원인이 지정된 시간 내에 요청된 정보를 제공하지 못하면 민원이 행정적으로 종결 처리될 수 있습니다.

MBL은 민원 사항을 조사하고 MBL 교통국장이 검토할 답 변을 준비할 것입니다. 적절한 경우 MBL은 행정적으로
민원 사항을 종결하고 민원인에게 외부적으로 민원 사항을 제기할 수 있는 권리를 알릴 수
있습니다. 또한 민원인은 연방 및 주 당국에 적절한 답변을 항소할 수 있는 자신의 권리에 대해 통지받을 것입니다. MBL은 이전에 언급한 대로 MBL과 외부 기관에 동시에 민원이 접수되지 않는 한, 해당 민원을 접수한 후 60일 이내에 타이틀 VI (Title VI) 민원 사항에 응답하기 위해 모든 노력을 기울입니다.

MBL은
민원인에게 최종 서면 답변을 보내고 민원인에게 외부적으로 민원을 제기할 수
있는 권리를
알립니다. MBL은 이러한 민원을 접수한 후 60일 이내에 타이틀 VI (Title VI) 민원에 응답하기 위해 모든 노력을 기울입니다.

MBL 타이틀 VI (Title VI) 민원 절차 외에도, 민원인은 미국 교통부에 직접 타이틀 VI (Title VI) 민원을 제기할 수 있습니다.

Federal Transit Administration
Office of Civil Rights
Attention: Complaint Team
East Building, 5th Floor – TCR
1200 New Jersey Avenue, SE
Washington, DC 20590

타이틀 VI (Title VI) 민원 양식

민원인 이름:
주소:
도시: 주: 우편번호:

전화번호

주전화: 부전화:

이메일 주소:

민원인 본인이 아닌 다른 차별당한 인물(들): 이름:
주소:

도시: 주: 우편번호:

사건일자: 버스 #: 루트 #:

기타 지역 (해당되는 경우):

차별 발생 이유를 가장 잘 설명한 상자를 선택하세요:

 인종  피부색  출신국가

차별 사건에 대해 설명해 주세요. 가능한 경우 관련된 모든 몬테벨로 버스 라인 직원 이름 및 직함을 적어주세요. 무슨 일이 일어났고 누구에게 책임이 있다고 생각하는지 설명하시기 바랍니다. 필요한 경우 이 양식의 뒷면을 사용하시기 바랍니다.

타이틀 VI (Title VI) 민원 양식 (이어서)

다른 연방, 주, 지역 에이전시에 민원을 제출하셨나요?  네  아니요
다른 연방, 주, 지역 법원에 민원을 제출하셨나요?  네  아니요
다른 연방, 주 또는 지역 기관/법원에 민원을 제출한 경우, 민원을 접수한 연락 대상에 대한 정보를 제공해주세요.
기관명:

연락 담당 이름:

주소:

도시: 주: 우편번호:

본인은 위의 혐의를 읽었으며, 본인의 지식, 정보 및 믿음에 한하여 진실임을 확인합니다.

민원인 서명
날짜

Quy Trình Khiếu Nại Theo Khoản VI

Bất kỳ ai cho rằng họ đã bị phân biệt đối xử dựa trên chủng tộc, màu da, hoặc nguồn gốc quốc gia có thể nộp đơn khiếu nại theo Khoản VI cho MBL. MBL áp dụng chính sách không khoan thứ liên quan đến các hành vi phân biệt đối xử bị cáo buộc và đăng quy trình nộp đơn khiếu nại trên trang web của Phòng Vận Tải. Mẫu Đơn Khiếu Nại theo Khoản VI có thể được in từ trang web www.rideMBL.com hoặc cũng có thể được yêu cầu từ bộ phận Dịch Vụ Khách Hàng của MBL, có thể liên hệ với họ theo số (323) 558-1625. Cũng có thể nhận Mẫu Đơn Khiếu Nại theo Khoản VI tại Phòng Vận Tải, 400 S. Taylor Avenue, Montebello. Mẫu đơn đã điền và đã ký phải được gửi lại cho Montebello Bus Lines, Attn: Transit Operations Manager, 400 South Taylor Avenue, Montebello, CA 90640.

Khiếu nại phải được nộp trong vòng một trăm tám mươi (180) ngày kể từ ngày có hành vi phân biệt đối xử bị cáo buộc và phải bao gồm thông tin sau đây:

1. Tên, địa chỉ, và thông tin liên lạc của người khiếu nại (có nghĩa là số điện thoại, địa chỉ email, v.v.)

2. Mô tả về cách thức, thời điểm, địa điểm, và lý do tại sao người khiếu nại tin rằng hành vi phân biệt đối xử đã xảy ra. Ngoài ra, cũng nên bao gồm địa điểm, tên, và thông tin liên lạc của bất kỳ người làm chứng nào.

Tất cả các khiếu nại cáo buộc phân biệt đối xử dựa trên chủng tộc, màu da hoặc nguồn gốc quốc gia liên quan đến dịch vụ hoặc quyền lợi do MBL cung cấp sẽ được ghi lại. Nhân viên MBL sẽ chuyển đơn khiếu nại theo Khoản VI đến Giám Đốc Phòng Vận Tải và sẽ cung cấp sự hỗ trợ thích hợp cho (những) người khiếu nại, bao gồm những người khuyết tật, hoặc những người bị hạn chế về khả năng giao tiếp bằng tiếng Anh. MBL sẽ nỗ lực hết sức để giải quyết các khiếu nại như thế một cách nhanh chóng. Trong trường hợp cần thông tin bổ sung để đánh giá hoặc điều tra khiếu nại, MBL sẽ liên hệ với ngư ờ i khiếu nại trong vòng 15 ngày làm việc. Nếu (những) người khiếu nại không cung cấp thông tin được yêu cầu trước khung thời gian đã cho, khiếu nại có thể bị khép lại về mặt hành chính.

MBL sẽ điều tra khiếu nại và chuẩn bị phản hồi để Giám Đốc Phòng Vận Tải của MBL xem xét. Nếu thích hợp, MBL có thể khép lại khiếu nại về mặt hành chính và thông báo cho (những) người khiếu nại về quyền của họ được nộp khiếu nại ra bên ngoài. (Những) người khiếu nại cũng sẽ được thông báo về quyền của họ được kháng nghị về trả lời đó với các cơ quan chức năng của Liên Bang và Tiểu Bang khi thích hợp. MBL sẽ nỗ lực hết sức để trả lời khiếu nại theo Khoản VI trong vòng sáu mươi (60) ngày làm việc kể từ khi nhận được khiếu nại như thế, trừ khi khiếu nại được nộp cho MBL và một tổ chức bên ngoài đồng thời như đã lưu ý trước đây.

MBL sẽ gửi trả lời cuối cùng bằng văn bản cho (những) người khiếu nại và thông báo cho (những) người khiếu nại về quyền của họ được nộp đơn khiếu nại ra bên ngoài. MBL sẽ cố gắng hết sức để trả lời các khiếu nại theo Khoản VI trong vòng sáu mươi (60) ngày làm việc kể từ khi nhận được các khiếu nại như thế.

Ngoài Quy Trình Khiếu Nại theo Khoản VI của MBL, người khiếu nại có thể nộp đơn khiếu nại theo Khoản VI trực tiếp cho Bộ Giao Thông Vận Tải Hoa Kỳ:

Federal Transit Administration
Of
fice of Civil Rights
Attention: Complaint Team
East Building, 5th Floor – TCR
1200 New Jersey Avenue, SE
Washington, DC 20590

Đơn Khiếu Nại Theo Khoản VI

Tên Nguyên Đơn: ____________________________________________ Địa chỉ: _______________________________________________________ Thành phố: __________________________________ Tiểu bang: ____________ Mã Zip: __________________ Số Điện Thoại
Chính: ______________________________ Thay thế: _______________________ Địa Chỉ Email: ________________________________________________________________________ (Những) người bị phân biệt đối xử nếu không phải người khiếu nại:

Tên: ____________________________________________
Địa chỉ: _______________________________________________________ Thành phố: _________________________________ Tiểu bang: ____________ Mã Zip: __________________ Ngày Xảy Ra Sự Cố: ________________________ Xe buýt #: _____________ Tuyến đường #: _____________ Địa Điểm Khác (nếu phù hợp):
_____________________________________________________________________________________ _____________________________________________________________________________________ Vui lòng chọn ô mô tả chính xác nhất lý do diễn ra hành vi phân biệt đối xử bị cáo buộc:
 Chủng Tộc  Màu Da  Nguồn Gốc Quốc Gia
Vui lòng mô tả sự việc phân biệt đối xử bị cáo buộc. Cung cấp tên và chức danh của tất cả nhân viên của Montebello Bus Lines có liên quan nếu có. Giải thích những gì đã xảy ra và người mà quý vị cho là người chịu trách nhiệm. Nếu cần, hãy sử dụng mặt sau của mẫu đơn này. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

Mẫu Đơn Khiếu Nại Theo Khoản VI (Tiếp Theo)
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Quý vị đã nộp đơn khiếu nại cho một cơ quan khác của Liên Bang, Tiểu Bang, hay địa phương?  Có  Không Quý vị đã nộp đơn khiếu nại cho một tòa án khác của Liên Bang, Tiểu Bang, hay địa phương?  Có  Không Nếu quý vị đã nộp đơn khiếu nại cho một cơ quan/tòa án khác của Liên Bang, Tiểu Bang, hoặc địa phương, vui lòng cung cấp thông tin về một người liên hệ tại nơi khiếu nại được nộp.

Tên Cơ Quan: _________________________________________________________________________ Tên Người Liên Hệ: _________________________________________________ Địa chỉ: _______________________________________________________ Thành phố: __________________________________ Tiểu bang: ____________ Mã Zip: __________________ Tôi xác nhận thông tin tôi đã đọc cáo buộc bên trên và thông tin đó là có thực theo sự hiểu biết, thông tin và niềm tin chính xác nhất của tôi.

_______________________________________ __________________________ Chữ Ký của Người Khiếu Nại Ngày

Proseso ng Title VI na Pagrereklamo

Sinumang tao na naniniwala na dumanas sila ng diskriminasyon dahil sa kanilang lahi, kulay, o bansang pinagmulan ay maaaring magsampa ng Title VI na reklamo sa MBL. Gumagamit ang MBL ng patakarang zero tolerance kaugnay sa mga di -umano’y kagagawang diskriminasyon at nagpapaskil sa proseso ng pagsampa ng reklamo sa website ng Departamento ng Transportasyon. Ang Form sa Title VI na Reklamo ay maaaring i-print mula sa website na www.rideMBL.com o maaari rin itong hilingin mula sa Customer Service ng MBL na maaaring tawagan sa (323) 558-1625. Ang Form sa Title VI na Reklamo ay makukuha rin sa pamamagitan ng pag -pickup sa Departamento ng Transportasyon sa 400 S. Taylor Avenue, Montebello. Ang nakumpletong nilagdaang porma ay dapat ibalik sa Montebello Bus Lines, Attn: Transit Operations Manager, 400 South Taylor Avenue, Montebello, CA 90640.

Ang mga reklamo ay dapat isampa sa loob ng isang daan at walumpung (180) araw mula sa petsa ng sinasabing diskriminasyon at dapat isama ang sumusunod na impormasyon:

1. Pangalan, address, at impormasyon sa pagkontak (ibig sabihin, numero ng telepono, email address, atbp.) ng taong nagrereklamo

2. Paglalarawan kung paano, kailan, saan, at bakit naniniwala ang taong nagrereklamo na nangyari ang diskriminasyon. Bilang karagdagan, ang lokasyon, mga pangalan, at impormasyon sa pagkontak ng sinumang saksi ay dapat ding isama.

Itatala ang lahat ng reklamong nagpaparatang ng diskriminasyon batay sa lahi, kulay o b ansang pinagmulan na may kaugnayan sa isang serbisyo o benepisyong ibinigay ng MBL. Ipapasa ng kawani ng MBL ang Title VI na reklamo sa Direktor ng Transportasyon at magbibigay ng naaangkop na tulong sa (mga) taong nagrereklamo, kabilang ang mga taong may kapansanan, o mga taong limitado sa kanilang kakayahang makipag-usap sa Ingles. Gagawin ng MBL ang lahat ng pagsisikap upang malutas ang mga naturang reklamo sa agaran at mabilis na paraan. Sa mga pagkakataon kung saan kailangan ng karagdagang impormasyon para sa pagtatasa o pagsisiyasat ng reklamo, makikipag -ugnayan ang MBL sa taong nagrereklamo sa loob ng 15 araw na may trabaho. Ang pagkabigong ibigay ng (mga) taong nagrereklamo ang hiniling na impormasyon sa loob ng tinukoy na takdang panahon ay maaaring magresulta sa administratibong pagsasara ng reklamo.

Sisiyasatin ng MBL ang reklamo at maghahanda ng tugon na sasailalim sa pagsusuri ng Direktor ng Transportasyon ng MBL . Kung naaangkop, maaaring administratibong isara ng MBL ang reklamo at payuhan ang (mga) taong nagrereklamo ng kanyang karapatan na magsampa ng reklamo sa labas. Ang (mga) taong nagrereklamo ay papayuhan din tungkol sa kanyang karapatan na iapela ang tugon sa mga Pam-pederal at Pang-estadong awtoridad kung naaangkop. Gagawin ng MBL ang lahat ng pagsusumikap upang tumugon sa isang Title VI na reklamo sa loob ng animnapung (60) araw na may trabaho pagkatapos nitong matanggap ang naturang reklamo, maliban kung ang isang reklamo ay isinampa sa MBL at isang panlabas na entidad nang sabay-sabay tulad ng nabanggit dati.

Magpapadala ang MBL ng panghuling nakasulat na tugon sa (mga) taong nagrereklamo at magpapayo sa (mga) taong nagrereklamo ng kanyang karapatang magsampa ng reklamo sa labas. Gagawin ng MBL ang lahat ng pagsisikap upang tumugon sa mga Title VI na reklamo sa loob ng animnapung (60) araw na may trabaho pagkatapos nitong matanggap ang mga naturang reklamo.

Bilang karagdagan sa Proseso ng Title VI na Pagrereklamo sa MBL, maaaring direktang magsampa ng Title VI na reklamo ang isang taong nagrereklamo sa Departamento ng Transportasyon ng U.S.:

Federal Transit Administration
Office of Civil Rights
Attention: Complaint Team
East Building, 5th Floor – TCR
1200 New Jersey Avenue, SE
Washington, DC 20590

Form sa Title VI na Reklamo
Pangalan ng Taong Nagrereklamo: ____________________________________________ Address: _______________________________________________________ Lungsod: _____________________________ Estado: ____________ Zip Code: __________________ Numero ng Telepono
Pangunahin: ______________________________ Alternatibo: _________________________________ Email Address: ________________________________________________________________________

(Mga) taong nakaranas ng diskriminasyon kung ito ay ibang tao kaysa sa taong nagrereklamo:

Pangalan: ____________________________________________
Address: _______________________________________________________ Lungson: ______________________________ Estado: ____________ Zip Code: __________________ Petsa ng Insidente: _____________________ # ng Bus: _____________ # ng Ruta: _________________ Ibang Lokasyon (kung naaangkop):
_____________________________________________________________________________________ _____________________________________________________________________________________

Mangyaring lagyan ng tsek ang kahon na pinakamahusay na naglalarawan sa dahilan kung bakit nangyari ang diskriminasyon:
 Lahi  Kulay  Bansang Pinagmulan

Pakilarawan ang sinasabing insidente ng diskriminasyon. Ibigay ang mga pangalan at titulo ng lahat ng empleyado ng Montebello Bus Lines na kasangkot kung mayroon. Ipaliwanag kung ano ang nangyari at kung sino ang pinaniniwalaan mong responsable. Kung kinakailangan, gamitin ang likod ng form na ito. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Nagsampa ka na ba ng reklamo sa ibang Pam-pederal, Pang-estado, o lokal na ahensya?  Oo  Hindi Nagsampa ka na ba ng reklamo sa ibang Pam-pederal, Pang-estado, o lokal na hukuman?  Oo  Hindi Kung nakapagsampa ka na ng reklamo sa iba pang Pam-pederal, Pang-estado, o lokal na ahensya/hukuman, mangyaring magbigay ng impormasyon sa kokontaking tao kung saan isinampa ang reklamo.

Pangalan ng Ahensiya: ______________________________________________________________ Pangalan ng Kokontaking Tao: _________________________________________________ Address: _______________________________________________________ Lungsod: _____________________________ Estado: ____________ Zip Code: __________________

Pinatutunayan ko na nabasa ko ang paratang sa itaas at ito ay totoo sa abot ng aking kaalaman, impormasyon at paniniwala.

_______________________________________ __________________________ Lagda ng Taong Nagrereklamo Petsa

TITLE VITITLE VI

PROGRAMPROGRAM
NOVEMBER 2022
400 S. Taylor Ave., Montebello, CA 90640

LANGUAGELANGUAGE

ASSISTANCEASSISTANCE

PLANPLAN

APPENDIX B

Page | 1

Table of Contents

1. Introduction and Policy Statement ................................................................................................... 2 A. Purpose of a Language Assistance Plan .................................................................................... 2 B. Policy Statement ............................................................................................................................. 2

2. Authority ............................................................................................................................................... 3

3. Self-Assessment using the Four -Factor Analysis ................................................................................... 3 Factor 1 - The Number and Proportion of LEP Persons Served or Encountered in MBL Service Area ..... 3 Factor 2 - The Frequency with Which LEP Individuals Come into Contact with MBL Services ................. 6 Factor 3 – Nature and Importance of the Services Provided .................................................................... 6 Factor 4 - Resources Available to Assure Meaningful Access to the Services by LEP Persons ................. 7

4. How MBL Will Provide Language Assistance ........................................................................................ 7 A. Providing Notice to LEP Individuals ................................................................................................... 7 B. Communicating with LEP Individuals ................................................................................................ 8

5. Assessing Language Assistance Measures ............................................................................................ 9 A. Quality Standards for Translated Documents ................................................................................... 9 B. Vital Documents ................................................................................................................................ 9 C. Translating Written Documents ...................................................................................................... 10

6. Language Assistance Resources .......................................................................................................... 10

7. Training ............................................................................................................................................... 12 A. Language Assistance ....................................................................................................................... 12 B. Translation and Interpretation Principles ....................................................................................... 13

8. Technical Assistance ........................................................................................................................... 13

9. Complaint Process ............................................................................................................................... 14

10. Monitoring and Updating the Language Assistance Plan ............................................................... 14

11. Definitions ....................................................................................................................................... 14

12. Contact Information ........................................................................................................................ 15

Attachments:

Attachment 1: Public Participation Survey
Attachment 2: Public Participation Visual Tally
Attachment 3: Language Identification Flashcards
Attachment 4: Annual Report of LEP Requests

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1. Introduction and Policy Statement

A. Purpose of a Language Assistance Plan

Montebello Bus Lines (MBL) is a recipient of federal financial assistance and grants from Federal Transit Administration (FTA). As such, MBL will comply with FTA Title VI regulations, FTA guidance 4702.1B and Presidential Executive Order 13166—Improving Access to Services for Persons with Limited English Proficiency (LEP), citing MBL’s responsibilities to limited English Proficient Persons, minority communities, low -income communities, and communities with disabilities.

In conformance with these regulations and guidance, MBL has established a LEP Plan that examines the services MBL provides, identifies needs for services to those with LEP, and details a plan (or procedures) to provide those services so that LEP persons can have meaningful access to them. It is expected that MBL’s plans will provide for such meaningful access consistent with, and without unduly burdening, the fundamental mission of MBL.

The Plan reflects and reinforces the primary goal of MBL’s public involvement activities: to offer early and continuous opportunities for the public to learn about a particular project or initiative while meeting the particular needs of the groups being presented to, such as language assistance, schedule or location accommodations, in order to maximize their involvement in the identification of social, economic and environmental impacts of proposed transportation decisions.

Additionally, the Plan integrates principles of FTA Circular 4703.1, guiding MBL on integrating principles of Environmental Justice into the transportation decision-making process.

B. Policy Statement

Montebello Bus Lines (MBL) operates its programs and services without regard to race, color, and national origin in accordance with Title VI of the Civil Rights Act of 1964. In addition to Title VI, MBL also prohibits discrimination based on sex, age, disability, religion, medical condition, marital status, or sexual orientation. Any person who believes they have been aggrieved by any discriminatory practice may file a signed written complaint with Montebello Bus Lines within 180 days of the alleged discrimination by sending a letter to MBL Customer Service Attn: Transit Operations Manager 400 S. Taylor Ave. Montebello, CA 90640. For more information on MBL’s civil rights program, and the procedures to file a complaint; you may call us at (323) 558-1625 or visit www.ridembl.com.

As clarified by Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency. It is the policy of MBL to provide timely, reasonable, effective and meaningful access for LEP persons to all its programs and activities.

All staff shall assist LEP individuals with free language assistance whenever an LEP person requests language assistance in order to receive MBL services. All staff are to ensure the public is treated with dignity and respect, identify the language

needs for MBL customers, and utilize available bilingual resources to assist customers, when needed.

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MBL’s LEP Plan is designed to assist the management and staff to understand their roles and responsibilities with respect to overcoming barriers for LEP individuals. The Plan will provide guidance to staff on translation and interpretation services for LEP individuals seeking access to MBL programs and services. Each department will adhere to the Plan to improve access to its programs and services to LEP individuals. The Plan supplements MBL Title VI Program

2. Authority

Section 601 of Title VI of the Civil Rights Act of 1964 provides that no person “on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” The United States Supreme Court in Lau v. Nichols (1974) stated that one type of national origin discrimination is discrimination based on a person’s inability to speak, read, write, or understand English.

Presidential Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency” – was signed by President Bill Clinton to “…improve access to federally conducted and federally assisted programs and activities for persons who, as a result of national origin, are limited in their English Proficiency….” This executive order is directed at implementing the protections afforded by Title VI of the Civil Rights Act of 1964 and related regulations. Accordingly, it prohibits recipients of federal financial assistance from discrimination based on national origin by failing to provide meaningful access to services to individuals who are LEP. This protection requires that LEP persons be provided an equal opportunity to benefit from or have access to services that are normally provided in English.

3. Self-Assessment using the Four-Factor Analysis

The City of Montebello is approximately 8.33 square miles and has a base population of roughly 62,6401 with the median household income estimated at over $62,781 annually which is below the Los Angeles County median household income ($71,358). (U.S. Census Bureau)

The City of Montebello provides important public transit services through the Montebello Bus Lines (MBL).

MBL is a public transit service for purposes of commuting to work, shopping and recreational needs.

The demographics of MBL will provide the basis to set forth the Four -Factor analysis to determine the appropriate, reasonable, resource effective and meaningful access for LEP persons to MBL transit program and activities. In determining “reasonable,” there are four factors to be considered:

Factor 1 - The Number and Proportion of LEP Persons Served or Encountered in MBL Service Area

MBL is the third largest municipal bus system in Los Angeles County, behind Long Beach Transit and Santa Monica’s Big Blue Bus. With a fleet of 79 buses, MBL serves over 8 million passengers a year throughout the communities of Alhambra, Bell Gardens, Boyle Heights, Commerce, Downtown Los Angeles, East Los Angeles, La Mirada, Montebello, Monterey Park, Pico Rivera, Rosemead, South Gate and Whittier. MBL operates sixty -six (76) transit vehicles that provide service throughout several urbanized areas in Los Angeles County.

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Montebello Dial-A-Taxi (DAT) provides transportation services for seniors over 62 in age and qualified disabled residents of any age and their attendants. The service utilizes vehicles equipped with wheelchair lifts upon request at the time of scheduling. DAT provides transportation service within the City of Montebello and medical trips within the designated DAT boundary service area.

MBL is also responsible for the operation of “Montebello LINK,” which offers curb-to-curb shuttle service to and from the Montebello Metrolink Station and employment centers in Bell, Commerce, Montebello, Monterey Park, Pico Rivera, and Rosemead. The service is scheduled to meet each arriving and departing Metrolink train. In addition to providing trans portation services, the department also maintains and services the Montebello Metrolink Station and 862 bus stops. Figure 1 of the Title VI Program identifies the public transit routes map.

To determine the communities of peoples who would be considered L EP persons, we have used the definition of a quarter- mile radius from all fixed route stops to establish a service area. All census block groups that fall within said quarter -mile radius were analyzed. This analysis identified 5 LEP groups that fall within the LEP Safe Harbor threshold, being: Spanish, Korean, Chinese, Vietnamese, and Tagalog.

While Other Indo-European and Other Asian and Pacific Islander languages meet the thousand person LEP threshold, census data does not clarify what other languages or dialects these may be.

The table below shows a breakdown of all the languages identified using the Remix platform. The originating source of this data if from the Census Bureau American Community Survey 2020 5 Year Estimates, Table C16001. Languages that are shaded in light grey indicate the languages identified as LEP languages. Both population numbers and percentages are shown to justify why certain languages under the 5 percent threshold still meet LEP criteria.

Language at Home by English ability
Source: ACS 2020 5 Year Estimates via Remix Platform
Languages: Total Percentage
English 109,450 32%
Spanish 175,651 52%
French, Haitian, or Cajun 562 0% German or other West Germanic languages 327 0% Russian, Polish, or other Slavic languages 953 0% Other Indo-European languages 3,803 1% Korean 5,839 2%
Chinese (incl. Mandarin, Cantonese) 29,894 9% Vietnamese 5,355 2%
Tagalog (incl. Filipino) 3,242 1% Other Asian and Pacific Island languages 4,686 1% Arabic 489 0%
Other and unspecified languages 394 0% Total 340,643 100%

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Generally, identifying any community where the LEP population equals five (5) percent or more than 1,000 persons in a given language automatically triggers providing language assistance services as a mandatory and normal part of the LEP Plan operation.

A review of Table Language at Home by English Ability concerning the percentage of LEP persons in MBL service area, revealed that two groups Spanish (52%) and Chinese (9%) had at least five (5) percent of its respective population that speaks a language other than English. Korean, Vietnamese, and Tagalog all qualify as LEP languages under the 1,000 person or more Safe Harbor threshold.

MBL further used the 2020 ACS Census Data for all cities serviced by Montebello Bus Lines in order to confirm the same LEP trends seen from the Remix Platform analysis. The only city that was not included in this analysis was City of Los Angeles due to the enormity in geographic size and population. By adding the City of Los Angeles, data trends would have been skewed towards the needs of the City of Los Angeles proper since their total population is approximately 3,747,051 (ACS 2020 5Y E stimates). Considering that the population of persons living within our defined service area is approximately 340,643, the addition of City of L.A.’s data would not be as reflective to MBL’s service area’s needs for translations of vital documents.

The table LEP Populations in MBL Service Cities*, which may be found below, reflects the total population of all MBL service cities not including the City of Los Angeles as denoted by an asterisk at the end of the table title. Language groups identified in light grey are the languages that meet LEP thresholds of 5% from total population or more than 1,000 persons. Please note that this further analyzes the surrounding communities beyond the MBL service area.

LEP Populations in MBL Service Cities*
Source: ACS 2020 5 Year Estimates, Table C16001
Total: 627,856
Language Group Total in Language
Group
Speak English "less than
very well"
Speak only English 195,997
Spanish: 285,582 104,561 17% French, Haitian, or Cajun: 727 83 0% German or other West Germanic languages: 771 101 0% Russian, Polish, or other Slavic languages: 833 264 0% Other Indo-European languages: 5,986 1,795 0% Korean: 7,008 3,805 1% Chinese (incl. Mandarin, Cantonese): 92,645 63,165 10% Vietnamese: 17,981 12,390 2% Tagalog (incl. Filipino): 8,010 2,490 0% Other Asian and Pacific Island languages: 10,524 5,544 1% Arabic: 925 199 0% Other and unspecified languages: 867 154 0% Total: 627,856 194,551 31%

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The results from the Cities’ populations reflected the same trends seen from the Remix platform data.

Spanish, Korean, Chinese, Vietnamese, and Tagalog were all identified as LEP languages. It is important to mention that the same reason carries for why Other Asian and Pacific Islander and Other Indo -European languages were not added. Since the census does not provide further data in what these dialects may be, they are not considered in the LEP language selection process.

Factor 2 - The Frequency with Which LEP Individuals Come into Contact with MBL Services

The MBL system is the service with the most frequency with which LEP individuals come into contact with MBL services. MBL has proactively posted public information in English, Spanish and Chinese at the following locations:

• On the MBL’s website at: cityofmontebello.com/civil-rights.html • MBL’s Customer Service Center
• At public and project meetings on subjects related to the MBL • At transit stations
• On transit vehicles

As an ongoing effort to define the LEP needs at transit related public participation events, MBL will conduct a Public Participation Survey in English, Spanish and Chinese at meetings(s) to enable MBL to collect data to identify residents and communities who are LEP. Completion of the survey, by the public, is voluntary. Along, with the voluntary survey, staff will conduct a visual assessment of the public participation as another means to collect data. The Public Participation Visual Tally (Attachment 2) will be used as an indirect method for collecting data when at least 50 percent of the participants do not complete the public participation survey. Employees will use their best judgment when physically counting the participants in regard to the demographics, such as race, age and gender. When conducting a visual count, the public participant’s demographic data should be reported as a percentage of the total participants.

Refer to Attachments 1 and 2 for examples of public participation data collection forms.

Factor 3 – Nature and Importance of the Services Provided

MBL assessed the nature and importance of the services provided to the public through MBL’s transit operations. It is apparent Transit Operations has the greatest importance of services to LEP individuals due to the day to day contact the division has with transit patrons. Day to day contact include the running of service by Bus Operators, and the contact the customer service teams has wi th patrons within the customer service center. Therefore, the more likely LEP services other than English will be needed.

MBL will not deny or delay access to services or information for the LEP individual. Procedures will be in place to provide language assistance to LEP individuals as part of the standard business practices. The standard business practices to LEP individuals will include, upon request:

• Translation of vital bus service documents such as complaint forms and procedures in English, Spanish, Chinese, Korean, Vietnamese, and Tagalog.
• Appoint Spanish, Chinese, Korean, Vietnamese, and Tagalog translators at public participation events, upon request.
• Advise the public that MBL provides free LEP services to its programs and activities.

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Factor 4 - Resources Available to Assure Meaningful Access to the Services by LEP Persons

MBL recognizes that, within the range of programs and services it provides, the transit services are most like to be used by LEP persons on a daily basis. While it is MBL’s intent to provide meaningful access to all participants and eligible persons, the availability of resources may limit the provision of language services in some instances. MBL will explore the variety of tools that are available to provide efficient, effect ive and meaningful LEP services. MBL will:

• Consider utilizing advances in language translation software technology. • Train existing bilingual staff to provide simple interpretations and translations. • Use telephonic conferencing interpretation services.
• When needed, use qualified written translators to ensure that vital documents, that are requested to be translated; are accurately translated.

Currently, MBL already counts with qualified written translators that can translate written notices to the public if given enough time in anticipation. Bilingual staff assistance with in person interpretations when needed as well.

Cost for providing language assistance will not be passed on to the customer. MBL will continue to evaluate the costs associated with providing LEP services and in future years.

4. How MBL Will Provide Language Assistance

A. Providing Notice to LEP Individuals

Language assistance will be provided to LEP individuals through the translation of vital documents, as well as through oral language interpretation when necessary and possible. LEP individuals are not obligated to provide their own interpreter, although many do so.

The LEP Plan will reflect the overall goal of improving and maintaining language access for MBL customers as transit riders and project recipients. The intent is to achieve a balance that ensures meaningful access to programs and services while avoiding undue burdens on MBL resources. It is important to let LEP individuals know that services are available in Spanish, Chinese, Korean, Vietnamese and Tagalog and are free of charge. MBL will continue to use existing resources to meet the requirements of Executive Order 13166. The most widely used LEP services will be translating oral and written communications. Some written and oral translated notifications will include:

• Include the Title VI Notice of Civil Rights in our transit schedules. • Provide web site information in Spanish, Chinese, Korean, Vietnamese, and Tagalog by using the “translate this webpage” feature on the MBL website. • Provide Spanish, Chinese, Korean, Vietnamese, and Tagalog translator services at public meetings, as needed.
• Work with minority and low-income community -based organizations to inform LEP individuals of the programs, activities and language assistance availability, as needed. • Include vital notices in local Spanish, Chinese, Korean, Vietnamese, and Tagalog newspapers and media outlets, as needed.

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B. Communicating with LEP Individuals

Based on the Four-Factor analysis, the frequency of contact with LEP individuals will be for transit services and oral communication will most likely occur by in-person contact or telephone.

To ensure MBL makes reasonable efforts to provide language assistance as needed for in -person contact with LEP individuals and with unexpected out-of-country visitors, language identification cards Language Identification I Speak (“I Speak”), which invite LEP individuals to identify their language, will be used to identify the language being spoken. Refer to Attachment 3 for the 38 languages on the “I Speak” listing.

The Census Bureau has made the listing available at https://www.lep.gov/translation.

MBL staff will use the following steps to orally communicate with LEP individuals.

WALK-IN SERVICE (STEPS 1-8)

The following are considerations on how to assist a walk-in LEP individual:

1. Attempt to communicate in English first to determine if the customer can understand English sufficiently to be fully understood.

2. If customer cannot understand or effectively communicate in English, determine the language they are speaking. If you recognize the language the customer is speaking but do not speak their language, skip to Step 4.

3. If you cannot recognize the language the customer is speaking, show them the Language Identification I Speak listing so the customer can point to his/her language.

4. Quickly determine if any of the bilingual employees, working nearby, speak the requestor’s language and are willing to interpret. If no one is immediately available; use the telephone interpreting (Phone-In-Service) services for interpreting.

5. The interpreter is to determine the customer’s needs, request, comment or complaint.

Determine the appropriate contact to respond and have interpreter assist in a timely manner to the LEP individual.

6. Give the LEP person a Title VI brochure in their language, if available.

7. Make every effort to give the LEP customer the same level of service as an English-speaking customer.

PHONE-IN SERVICE (STEPS 1-4)

The following are considerations on how to assist a phone-in LEP individual:

1. Attempt to communicate in English first. If not possible to effectively communicate in English, determine the language being spoken.

2. Quickly determine if any of the bilingual employees, working nearby, speak the requestor’s language and are w illing to interpret. If no one is immediately available; use the telephone interpreting services or Internal Staff Bi-Lingual Listing for interpreting.

3. The telephone interpreting service determines the customer’s need, request, comment, or complaint and relays it to the appropriate contact person to ensure a response is relayed to the LEP individual.

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4. Quickly determine if any of the bilingual employees speak the necessary language and are able to interpret. Make every effort to give the LEP individual the same level of service as an English-speaking customer.

5. Assessing Language Assistance Measures

MBL will continuously assess the type of language assistance available to provide meaningful access to services and activities. The language assistance measures include:

A. Quality Standards for Translated Documents

As with oral interpreters, translators of written documents should be competent. Many of the same considerations apply; however, the skill of translating is very different from the skill of interpreting, and a person who is a competent interpreter may or may not be competent to translate and vice versa.

Particularly where vital documents are being translated, competence can often be achieved by use of certified translators.

B. Vital Documents

It is important to make an assessment as to the population percentage that do not speak English very well and the frequency and importance of the contact while considering the potential for translating vital documents. The program areas most likely to encounter the need to translate vital documents are public involvement, public information, and transit services.

Examples of vital documents for translation:
• Applications, consent forms and complaint forms.
• Letters containing important information regarding participation in a program or activity. • Notices pertaining to reduction, denial or termination of services or benefits and of the right to appeal such actions.
• Information on the right to file complaints of discrimination and how. • Information on the provision of services to individuals with disabilities. • Notices advising LEP persons of the availability of free language assistance. • Violation or deficiency notices.
• Emergency notices for transit services.
• Notices of proposed public hearings regarding proposed transit plans, projects, or changes. • Signs in reception area and other points of initial entry.

Whether or not a document (or the information it solicits) is “vital” will depend on the importance of the program, information, encounter, or service involved, and the co nsequence to the LEP individual if the information in question is not accurate or timely. Where appropriate, program managers are encouraged to create a plan for consistently determining, over time and across their various activities, what documents are “vital” to the meaningful access of the LEP populations they serve.

Awareness of rights and services is an important part of “meaningful access,” as a lack of awareness may effectively deny LEP individuals meaningful access. Where program managers are engaged in community outreach efforts as part of their programs and activities, they should regularly assess the needs of the populations frequently encountered or affected by the program to determine whether certain critical

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outreach materials should be translated. Community organizations may be helpful in determining what outreach materials may be most helpful to translate, and some translations may be made more effective when done in tandem with outreach methods including using ethnic media, schools and religious and community organizations to spread a message.

Sometimes a very large document may include both vital and non-vital information. This may also be the case when the title and a phone number for obtaining more information on the contents of the document is critical in frequently encountered languages other than English, but the document is sent out to the general public and cannot reasonably be translated into many languages. In a case like this, vital information may include, for instance, providing information in appropriate languages regarding where an LEP individual might obtain an interpretation or translation of the document.

C. Translating Written Documents

MBL will make every attempt to provide adequate and timely written translations throu gh the following means:

• Attempt to determine the language that the “received” document is written in. If the language of the document is not readily apparent, compare it to the US Census Language Identification — “I Speak” to determine the language.
• Once the language has been identified, contact an interpreter or translator to translate the entire document.
• Determine what the LEP individual requested and determine who should respond. Inform the appropriate contact person that the document has been received and relay the importance of a timely and quality response.
• Ideally, the translated version of a document should be released when the English language version is released. If this is not possible or would substantially delay release of the English version, the translated version should be distributed as soon as possible after the distribution of the English language version.
• Include a phone number in the document in order to provide better service and be able to use the telephone interpreting services for oral translations, if appropriate. • Make every effort to give the LEP individual the same level of service as an English-speaking customer.

Consideration should be given to the varying levels of reading abilities when translating written documents. Translating documents for LEP to a fourth (4th) grade literacy level ensures the targeted audience understands the information. Community -based organizations or focus groups can assist with testing translations for language and literacy level appropriateness.

6. Language Assistance Resources

MBL will continuously refer to language assistance tools to improve upon its existing LEP services. A consideration, on which additional tools may be used, is contingent on MBL’s program budget; however, efforts will be made to provide effective and efficient LEP language services using the following resources:

Bilingual Staffing – Where possible, identify existing bilingual staff, which have been tested by the Human Resources Department as capable of providing the oral and or written bilingual services to assist with LEP

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customers. When needed, existing bilingual staff will be used for interpreter services with the permission of the employee’s manager. MBL will maintain a listing with extension numbers for bilingual staff approved by the Human Resources Department by language.

“I Speak” Language Identification Listing to Identify Languages – To identify LEP individuals who need language assistance, “I speak” language identification can be used when first encountering an LEP individual. The listing, developed by the U.S. Census Bureau, has the phrase “Mark this Box if you read or speak (name of language)” translated into 38 different languages. It is used by the government and non - government agencies to identify the primary language of LEP individuals during face to face contact. The Census Bureau’s Language Identification I Speak listing can be downloaded for free at:
http://www.lep.gov/resources/ISpeakCards2004.pdf. The language listing will be available at the public service counter.

Qualified Interpreters – Qualified interpreter means an interpreter who is able to interpret effectively, accurately, and impartially, either for individuals with disabilities or for individuals with limited English skills. The interpreter should be able to interpret both receptively and expressively, using any necessary specialized vocabulary.

Although the use of an interpreter who is qualified is essential, it does not necessarily mean formal certification as an interpreter is required. Certification may be helpful; but, at a minimum, a qualified paid interpreter needs to:

• Be proficient in and have the ability to communicate accurately in both English and in the other language, as well as employ the appropriate mode of interpreting (e.g. consecutive, simultaneous, summarization, or sight translation).
• Have knowledge in both languages of any specialized terms or concepts peculiar to the program.
• Understand and follow confidentiality and impartiality rules to the same extent as an MBL employee for whom they are interpreting or to the extent that their position requires. • Understand and adhere to their role as interpreter without deviating into a role as counselor, legal advisor, or other inappropriate role.

Telephone Interpretation – Consider contracting with an Over-The-Phone Interpretation service. MBL will conduct further research to identify an Over-The-Phone Interpretation service which provides telephone interpreting services, during business hours, for LEP individuals.

The use of telephone interpreting services will:

• Increase responsiveness to non-English speaking callers. • Increase the ability to communicate equitability with non-English speaking callers. • Increase responsiveness in the caller’s preferred language. • Demonstrate MBL’s efforts to comply with LEP requirements. • Measure and report the interpreter services effectiveness.

Language services should be provided at a time and place that avoids the effect of denying access to the service or benefit of the program; however, in some situations, it may be reasonable to ask the LEP individual to return at a specified date and time to allow time to arrange for interpreter services.

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External Interpreter/Translation Services – In the event external interpretation/translation services are needed, MBL will research the availability of external Interpreter/Translation Services, such as a consultant. One such research method will be the Internet for businesses who provide the services locally.

Other Useful Resource - The U.S. Department of Justice (USDOJ) has developed the www.lep.gov website under the Interagency Working Group on LEP, and the information on the website consists of representatives from over 35 agencies. The website includes links to Executive Order 13166 and the USDOJ guidance documents. It also acts as a clearinghouse, providing links to information, tools, and technical assistance regarding LEP and language services for federal agencies, recipients of federal funds, users of federal programs and federally assisted programs, and other stakeholders.

7. Training

Training staff on the procedures of providing language assistance and how to determine whether and what type of language services a customer needs is essential to bridging the gap between policies or procedures and actual practices. Training will include how to obtain language assistance services and how to communicate needs to interpreters and translators. Providing language assistance in some program areas may also mean avoiding acronyms or industry jargon.

MBL Title VI Coordinator will be responsible to ensure staff obtain LEP training at the same time as the Title VI Program training: on a triennial basis, or more often as necessary. The Title VI Coordinator will maintain records of staff that complete the training.

Supervisors and managers will be trained even if they do not interact regularly with LEP individuals to ensure that they are fully aware of and understand the LEP Plan. The training will enable the supervisors and managers to reinforce the LEP Plan importance and ensure its implementation by staff.

A. Language Assistance

In determining what language assistance MBL will provide LEP individuals to ensure their meaningful access to the office’s services, benefits, and activities, MBL staff will be trained on the importance of assessing and analyzing the following factors when considering LEP services.

• How important is the service, benefit, or activity that MBL provides? For example, if a LEP individual cannot access the service, benefit, or activity in a language they understand, will the individual be deprived of critical services, such as the ability to exercise his or her legal rights or receive a transit benefit for which the individual is eligible? If so, MBL should focus on improving access for LEP individuals to this service, benefit or activity. • If the office does not provide a critical service, benefit, or activity, what impact will the denial or delay of the service, benefit, or activity have on actual and intended beneficiaries? The office should co nsider the long-and short -term impact on beneficiaries when determining what language assistance is appropriate.
• What are the points of contact where LEP individuals interact with the office services? What language assistance will be provided to LEP individuals for each point of contact? • How can staff access the language assistance the office provides?

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• Be aware of the types of voluntary language services that exist at MBL to provide language assistance.
• Identify how existing staff can provide language assistance through verbal and/or written translation skills.
• Follow the steps on how to respond to LEP callers, written communication and in -person contact.

B. Translation and Interpretation Principles

MBL must ensure competency of its external interpreters and translation service consultant(s). The translation and interpretation assistance principles will be provided in the LEP training as a guide to improve access for LEP individuals.

Translation is the rendering of a written text from one language (source language) into another language (target language). Interpretation is the immediate rendering of oral language from the source language into the target language.

• Demonstrate proficiency and the ability to communicate information accurately in both English and in the other language and are able to identify and employ the appropriate mode of interpreting (e.g., consecutive, summarization, or sight translation.)

○ Ensure the competence of translators--Consider certified translators. ○ Ensure translators understand the expected reading level of the audience. ○ Ensure translators, where appropriate, have fundamental knowledge about the target language group’s vocabulary and regionalisms (dialects). • Have knowledge in languages of specialized terms or concepts of the program or activity. • Have knowledge of any particularized vocabulary and phraseology used by the LEP individual. • Understand and follow confidentiality and impartiality rules to the same extent an MBL employee for whom they are interpreting or to the extent that their position requires. • Understand and adhere to their role as interpreters without deviating into a role as a counselor, legal advisor, etc.
• Provide service in a timely manner.
• Consider using telephone interpreter lines that offers speedy interpreting assistance in many different languages. Particularly appropriate where the mode of communicating with an LEP individual regardless of language proficiency occurs over the phone. • Consider using family and friends. You should not plan to rely on a LEP individual’s family members, friends, or other informal interpreters to provide language assistance services to important programs and activities; however, where LEP individuals so desire, they should be permitted to use, at their own expense, an interpreter of their own choosing in place of, or as a supplement to, the free language services you offer.

8. Technical Assistance

MBL will continue to use FTA to ask questions and obtain technical assistance on LEP matters. This includes advice about LEP requirements and the FTA Policy Guidance Concerning Recipients Responsibilities to LEP Persons—handbook. On occasion, MBL may also contract with a consultant to obtain technical assistance, training and other services to ensure MBL is compliant with LEP requirements.

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9. Complaint Process

Any LEP complaints by and individual may use the Title VI Complaint Process and Form document to guide and submit a formal complaint. Complaint forms are available at our Customer Service office or may be downloaded from our website ad submitted in person. All forms are available in LEP languages for patrons to use.

10. Monitoring and Updating the Language Assistance Plan

The Title VI Coordinator shall monitor implementation of the Plan, making revisions to policies and procedures as may be required periodically. In monitoring compliance, an assessment will be made whether the program’s procedures allow LEP individuals to overcome language barriers and participate in a meaningful way in the program activities and services.

Monitoring shall consider information from the following sources and criteria, as well as other factors as may be appropriate:

• Review the Four Factor Analysis
• Identify any changes in language demographics that will require language assistance • Identify the frequency of encounters with LEP persons • Whether existing LEP language services are adequate
• Identify new language resources, including software technology, when warranted

A tool in determining frequency of contact with LEP individuals is data collection. As soon as the interpreter/translation assistance is provided, the services can be documented by completing a LEP Reporting Form. Once the form is completed it will be sent to the Title VI Coordinator annually and included on the LEP Annual Report Form (Attac hment 4). Information from this form will be analyzed to determine if a change needs to occur in the LEP services that are being provided.

11. Definitions

• Bilingual – The ability to speak two languages fluently and to communicate directly and accurately in both English and another language.
• Interpretation – The act of listening to spoken words in one language (the source) and orally translating into another language (the target).
• Limited English Proficient Person – Any individual who does not speak English as their primary language and who have a limited ability to read, speak, write, or understand English can be limited English proficient, or “LEP.” Such person or persons may be entitled to language assistance at no cost to themselves with respect to a partic ular type or service, benefit, or encounter.
• Linguistically Isolated – This term is described in the census as the percentage of person in the households in which no one over the age of 14 speaks English well, and is used as a direct measure of those persons with a severe language barrier, as a distinct from those of foreign origin who speak English well. Those who are linguistically isolated may also be unable to

Page | 15

benefit from transportation services and the services of other DOT recipients and, therefore, should receive attention from recipients as a high priority. • Primary Language – The Language in which an individual is most effectively able to communicate.
• Qualified Interpreter – Qualified interpreter means an interpreter who is able to interpret effectively, accurately, and impartially, either for individuals with disabilities or for individuals with limited English skills. The interpreter should be able to interpret both receptively and expressively, using any necessary specialized vocabulary. • Substantial number of non - or limited-English speaking people – Members of a group who either do not speak English, or who are unable to effectively communicate in English because it is not their native language, and who comprise of five percent or more of the people service by any local office or facility of a State agency.
• Translation – The replacement of written text from one language into an equivalent written text in another language. It is noted that some LEP persons cannot read in their own language and back-up oral interpretation services may be needed for written documents. • Vital Documents – Documents that convey information that critically affects the ability of the recipient/customer to make decisions about his or her participation in the program. Examples of vital documents include but are not limited to: applications, public notices, consent forms, letters containing important information regarding participation in a program, eligibility rules, notices pertaining to the reduction, denial or termination of services or benefits, right to appeal, notices advising of the availability of language assistance, and outreach and community education materials, and notices advising LEP person of the availability of free language services.

12. Contact Information

MBL posts Title VI general notices, including this plan, on our website at:
https://www.montebelloca.gov/departments/transit/civil_rights/title_vi_compliance.

Any questions regarding this plan may be directed to:

Montebello Bus Lines
Attn: Transit Operations Manager
400 S. Taylor Ave. Montebello, CA 90640.

Phone: (323) 558-1625 Email: [email protected]

Attachment 1

Public Participation Survey

The following information is being collected by Montebello Bus Lines (MBL) in order to comply with Title VI of the Civil Rights Act of 1964, Nondiscrimination in Federally Assisted Programs. Please take a few moments to complete the following questions.

The data you provide will enable MBL to identify residents and communities impacted by federally funded projects/or activities. Please check the appropriate boxes with an “X” that best describes you. Completion of this information is voluntary.

Today’s Date:

Sex  Male  Female

Ethnicity  Hispanic or Latino  Not Hispanic or Latino

Race
 American Indian or Alaska Native  Asian
 Black or African American  White
 Native Hawaiian or Other Pacific Islander  Other

Disability  Yes  No

Age  Under 40  Over 40

Income
 $26,200 or less
 Over $26,200

Language
What language is primarily spoken in your household?

How many people in household?

How often do you utilize MBL transit services?
 Daily
 Weekly
 Monthly
 Occasionally

Attachment 1

How often do you participate in MBL related programs or services?  Daily
 Weekly
 Monthly
 Occasionally

What is the highest degree or level of school you have completed?

Some High school / No
diploma
Some College / No Degree Bachelor’s Degree
High School Associate degree Master’s Degree

Categories and Definitions

The minimum categories for data on race and ethnicity for federal statistics, program administrative reporting, and civil rights compliance reporting are defined as follows:

a. American Indian or Alaska Native – a person having origins in any of the original peoples of North and South American (including Central America), and who maintains tribal affiliation or community attachment. b. Asian – a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
c. Black or African American – a person having origins in any of the black racial groups of Africa.
d. Hispanic or Latino – a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.
e. Native Hawaiian or Other Pacific Islander – a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. f. White – a person having origins in any of the original peoples of Europe, the Middle East, or North Africa.

Attachment 2
Public Participation Visual Tally

Program: Project No. /Activity: Type of Event: Date of Event: Location: ADA Accessible: Yes/No
Purpose: Event Coordinator:

CATEGORIES

TALLY
TOTAL or
PERCENTAGE*
Gender
Female
Male
Ethnicity
Hispanic or Latino
Not Hispanic or Latino
Race
American Indian or
Alaska Native

Asian
Black or African
American

Native Hawaiian or
Other Pacific Islander

White
Limited English
Proficiency Service
Needed (Identify the
Language Spoken)

Disability
Yes
No
Age
Under 40
Over 40

*Please note when conducting a visual count, it is suggested the participant’s demographic data, such as ethnicity, race, age, sex, etc., be reported in percentages.

Attachment 3

Attachment 3

Attachment 3

Attachment 4

Montebello Bus Lines--- LEP
Annual Report Summary of LEP Requests
for Federal Fiscal Year

Date of
Request
Request Type
(Document/Audio/Verbal)
Language
Requested
(as
applicable)
Request Received
Via (Select mode:

Email, In-person,
Website
telephonic)
Request
Location
(as
applicable)
Date of
Response
Translation
Service(s) Provided
(Employee
Interpreter/Consultant
Interpreter/ Written
Materials)
Notes

Reviewed by
Completed and submitted annually to:

Montebello Bus Lines
Attn: Transit Operations Manager
400 S. Taylor Avenue
Montebello, CA 90640
(323) 558-1625 EXT 203
[email protected]

TITLE VITITLE VI

PROGRAMPROGRAM
NOVEMBER 2022
400 S. Taylor Ave., Montebello, CA 90640

PUBLICPUBLIC

PARTICIPATIONPARTICIPATION

PLANPLAN

APPENDIX C

Page | 1

Public Participation Plan

Table of Contents
Introduction ............................................................................................................................................... 2

1. Public Participation Objectives and Strategy .............................................................................. 2

2. Identification of Stakeholders .......................................................................................................... 3 A. Minority Populations ...................................................................................................................... 4 B. Limited-English Proficient Populations and Public Participation ...................................... 5 C. Low-Income Populations .............................................................................................................. 6

3. Public Participation for Major Service and Fare Changes ........................................................ 7

4. MBL Public Outreach Events During Last Reporting Period ................................................... 7

5. MBL Public Engagement – Moving Forward .............................................................................. 12 A. Advisory Council or Committee ................................................................................................ 13

6. Contact Information .......................................................................................................................... 13

Page | 2

Introduction
MBL acknowledges public involvement is fundamental and essential in achieving equitable program, services and activities. In accordance with the current guidelines relative to Title VI, MBL has prepared a Public Participation Plan which describes proactive public outreach strategies and procedures to promote and monitor public involvement of all persons, including, but not limited to, minority individuals, persons with Limited English Proficiency (LEP), low-income populations, employees, the general public, public transit users and other interested parties in communities affected by MBL programs and services in transit planning/decision-making activities. MBL seeks out and considers the viewpoints of all communities in the course of conducting public outreach and involvement activities.

1. Public Participation Objectives and Strategy

Truly meaningful public involvement requires an informed public. Accordingly, it is MBL’s objective to encourage the public to express their needs and concerns so that transportation decisions better reflect community values, interests, and needs. Early and on-going education of stakeholders on transportation decisions relative to the MBL service area is at the forefront of MBL’s public outreach objectives, additional objectives include:
• Ensure that minority and low-income communities, people with Limited English Proficiency (LEP) and individuals with disabilities are included in the public participation and engagement process for all MBL projects, programs and initiatives. • Schedule meetings at times and locations that are convenient and accessible for all, including minority, LEP and low-income communities.
• Use different meeting sizes or formats or varying the type and number of mediums used to announce public participation opportunities, so that communications are tailored to the particular community or population.
• Coordinate with community - and faith-based organizations, educational institutions, and other organizations to implement public engagement strategies that reach out specifically to members of affected minority, LEP and low-income communities. • Provide opportunities for public participation through means other than written communication, such as personal interviews or use of audio or video recording devices to capture oral comments.

MBL’s public participation strategy offers early, continuous, and accessible opportunities for the public to be involved in the identification of social, economic, and environmental impacts of proposed transit decisions through implementation of the following measures:
• Reaching people within their own communities and during existing meeting schedules. • Providing provisions of LEP interpreters at meetings. • Presentations focused to specific interests of groups. • Placement of meeting announcements and flyers utilizing different mediums of media. • On-going identification of barriers to public participation and development of responsive actions plans, as necessary.

Page | 3

2. Identification of Stakeholders
MBL defines stakeholders to be individuals or organizations who are either directly or indirectly affected by a plan, project, or program based on decisions related to recommendations or implementation actions. Those individuals who may be adversely affected or who may be denied benefit of a plan's recommendation(s) are of particular interest in the identification of specific stakeholders.

General stakeholders within the MBL service area include, but are not limited to:

• All fourteenth (14) cities and unincorporated communities • Public (including minority, LEP, low-income, elderly, and disabled) • Community Partners
• Major Employers near the MBL service area
• Major Colleges, Universities, and School Districts including but not limited to:
o Montebello Unified School District
o El Rancho Unified School District
o Los Angeles Unified School District
o Whittier Union High School District
o East Whittier City School District
o Alhambra Unified School District
o Garvey School District
o East Los Angeles College
o Whittier College
o Biola University
• Southern California Regional Rail Authority
• California Department of Transportation
• Southern California Association of Governments
• Gateway Cities Council of Governments
• San Gabriel Valley Council of Governments
• Los Angeles County Metropolitan Transportation Authority (as the Regional Transportation Planning Agency)
• Montebello Bicycle Coalition
• Montebello City Commissions
• Montebello Chamber of Commerce
• Other private business communities
• Major Hospitals along service area
• Non-profit organizations
• Other regional and municipal transit providers such as:
o Los Angeles County Metropolitan Transportation Authority (as the regional county bus operator)
o City of Commerce Transit
o Foothill Transit
o Norwalk Transit
o Monterey Park Spirit Bus
• Transit Advocacy Groups
o LA Marketing Exchange
o Gateway Cities Transit Providers
o LACMTA Bus Operators Subcommittee and Service Councils.

Page | 4

MBL’s Public Participation Plan includes targeted outreach strategies to specific populations of stakeholders that are traditionally underserved, such as minorities, populations with Limited English proficient (LEP) and low-income populations.

A. Minority Populations

Part of the Public Participation Plan’s strategy is to identify minority populations withi n MBL’s service cities. According to the U.S. Census Bureau, 4,556,503 residents exist within the 14 cities and unincorporated communities that MBL serves as depicted in the table below. Please note:
while MBL services the City of Los Angeles (pop. 3,898,747 - 2020 Decennial Census), MBL only services the eastern and downtown portions on City of Los Angeles proper.

As indicated in the table below, Hispanic / Latino individuals are the largest minority, with 62.1 percent of the total population. Asian and African American persons account for 22.4 percent and

2.2 percent of the population, respectively. A small number of Native American / Alaska Natives and Native Hawaiian and Pacific Islander individuals account for less than 1 percent each.

Ethnicity Breakdown by Service City
Source: U.S. Census Bureau - Population 2020 QuickFacts City /
Ethnicity
White -
not
Hispanic
or Latino
African
American
Hispanic
or Latino Asian
Pacific
Islander/
Native,
Hawaiian
Native
American Other Totals
Alhambra 8.8% 2.4% 34.9% 52.0% 0.3% 0.7% 0.0% 82,868 Bell Gardens 2.0% 1.3% 96.2% 0.0% 0.0% 0.0% 0.0% 39,501 Commerce 2.3% 0.1% 95.2% 0.1% 0.0% 2.9% 0.1% 12,867 La Mirada 32.9% 1.3% 32.9% 21.0% 0.1% 0.7% 0.1% 48,008 Los Angeles 28.5% 8.8% 48.1% 11.8% 0.2% 0.7% 0.4%
3,898,747
Montebello 6.6% 0.9% 79.0% 13.4% 0.1% 0.8% 0.0% 62,640 Monterey
Park 5.0% 0.7% 27.4% 65.8% 0.3% 0.7% 0.1% 61,096 Pico Rivera 4.8% 0.9% 90.5% 3.6% 0.1% 0.8% 0.1% 62,088 Rosemead 4.0% 0.4% 30.0% 64.2% 0.2% 0.9% 0.0% 51,185 San Gabriel 10.8% 0.7% 23.6% 62.7% 0.1% 0.4% 0.1% 39,568 Santa Fe
Springs 12.8% 3.9% 74.8% 6.8% 0.0% 0.5% 1.2% 17,681 South Gate 3.0% 0.5% 95.3% 0.8% 0.2% 1.0% 0.0% 92,726 Vernon 6.0% 8.0% 75.6% 6.0% 0.0% 1.0% 0.0%
222
Whittier 24.5% 1.5% 65.8% 5.3% 0.0% 1.1% 1.0% 87,306 Totals 10.9% 2.2% 62.1% 22.4% 0.1% 0.9% 0.2% 4,556,503

In order to get a closer picture of the minorities MBL serves, MBL utilizes the Remix platform to get estimates of minorities that live within a quarter -mile radius from a fixed route stop. Remix utilizes the U.S. Census’ 2020 American Community Survey 5 Y ear Estimates to capture the racial and ethnic background of peoples within MBL’s service area, then provides a breakdown

Page | 5

of demographics by Hispanic or Latino origin. The table Race by Hispanic/Latino Origin – MBL Service Area below provides that insight.

Race by Hispanic/Latino Origin - MBL Service Area
Source: ACS 2020 5 Year Estimates, Table B03002 via Remix Platform Race Hispanic/Latino Origin
Not Hispanic/Latino
Origin Total
White Alone 29.8% 9.9%

143,860
Black or African American Alone 0.3% 2.7%

10,774
Native American and Alaska Native Alone 0.6% 0.3%

2,989
Asian Alone 0.2% 17.6%

64,611
Native Hawaiian and Other Pacific
Islander Alone 0.0% 0.1%

595
Some Other Race Alone 31.3% 0.4%

114,825
Two or More Races 5.4% 1.2%

23,970
Totals: 67.7% 32.3%

361,624

The table above closely demonstrates similar demographics between our service cities and our service area. Races and ethnicities percent averages from service cities to service area remain within a delta of approximately 5-6%. Hispanic/Latino demographic group is the largest minority group in our service area at 67.7% and is composed from many people of different backgrounds.

Asian and African American (non-Hispanic/Latino) persons account for 17.6% and 2.7% of the population, respectively. A small number of Native American / Alaska Natives and Native Hawaiian and Pacific Islander individuals account for less than 1 percent each.

MBL uses minority population information in order to ensure equal access among all demographics. Using the maps generated by Remix (found within Title VI Program), MBL can identify what areas have bigger concentrations of minorities and see what transit resources are available. MBL would then be able to plan outreach with community leaders accordingly.

B. Limited-English Proficient Populations and Public Participation

Individuals who have a limited ability to read, write, speak, or understand English are limited English proficient, or ‘‘LEP.” Consistent with MBL’S Language Assistance Plan (A ppendix B), reasonable efforts will be made to engage LEP populations utilizing techniques such as the development of public notices in appropriate non-English languages that will provide contact information where individuals can be informed of the affected project or services to provide input or comments. Among limited English speakers, Spanish and Chinese are the languages most frequently spoken by the communities that utilize MBL services. Tagalog, Korean, and

Page | 6

Vietnamese are seen much less frequently. When doing outreach, MBL will look at language demographic concentrations to ensure everyone has equal access to MBL programs. For more information on how MBL will make reasonable efforts to ensure equal access to LEP individuals, please consult the Title VI Language Assistance Plan (Appendix B).

C. Low-Income Populations

To ensure that low-income households are not under-served, MBL will identify populations within the service area with a per capita income of 100 percent or less of the national average in order to establish low-income thresholds. Low-income populations in the MBL service area should be given every reasonable opportunity to provide input on transportation plans and programs to avoid disproportionate harm; or lack of benefit of transportation programs and projects.

Methods of gaining input either directly or indirectly from low-income population groups include a wider range of notification techniques, focus group meetings or informal interviews, if required; and the use of agency or advocacy group contacts through non-profit or private organizations.

Using technology as a bridge to allow everyone to provide input on MBL’s programs and services, MBL will use digital platforms and surveys as to not impact low-income populations.

In response to Low-income feedback received and in support of MBL’s low -income populations, MBL has joined Metro’s Low -Income Fare is Easy Program (LIFE) along with Norwalk Transit System, Torrance Transit, Long Beach Transit, Culver City Bus, Antelope Valley Transit Authority, and Santa Monica’s Big Blue Bus. The Low -Income Fare is Easy Program (LIFE) provides fare subsidy coupons or tokens for individuals that meet the requirements of the program. The coupons may be redeemed for daily, weekly, and monthly Metro passes, and EZ transit passes (a regional monthly pass).

Riders may redeem their LIFE subsidy coupons towards the purchase of an EZ transit pass (Adult, and Senior/Disabled/Medicare), Montebello Student Monthly pass (K-12th grade), and for TAP cash purse option at the City of Montebello's Transportation Department facility located at 400 S.

Taylor Ave., Montebello, CA 90640.

Interested parties can contact the Human Services Association at (562) 806-5400 for more information. Additionally, MBL has posted the eligibility guidelines on how to qualify and on how to apply for RRTP subsidies on MBL’s website:
https://www.montebelloca.gov/departments/transit/fares/low-income_fare_is_easy_life

Additionally, Montebello Bus Lines now participated in the countywide GO Pass program, which provides K -12 students with a free transit pass (via contactless card) to be used within all participating county transit operators. MBL will be working together with local school districts for support of public outreach so students may participate in this program. For more information on the GO Pass, please visit
https://www.metro.net/riding/fares/students-k-12/gopass/#gopass- program or consult your local school district.

Page | 7

3. Public Participation for Major Service and Fare Changes

In addition to the targeted outreach efforts identified above, MBL will utilize the City of Montebello Council meetings to announce proposed major changes to services and fares.

Accordingly, the public will be notified of proposed major service or fare changes resulting in increases or decreases as well as identified potential disparate or disproportionate burden impacts. In addition, public comments will be presented to the City of Montebello Council prior to approval of the proposed major service or fare change.

The following procedures, strategies, techniques, and media will be utilized to engage and notify the public in the public hearing process prior to the City of Montebello Council approval:

• Place printed materials on buses: interior cards, flyers, and / or comment cards describing the proposed changes.
• Information available on website.
• Social media outlets: email blasts, Facebook, Twitter. • Press releases and meetings with local media representatives. • Presentations to professional, citizen, and student organizations. • User and non-user surveys.
• Use of various illustrative visualization techniques to convey the information, including, but not limited to, charts, graphs, photos, maps, and the Internet

4. MBL Public Outreach Events During Last Reporting Period

Despite the last reporting period taking place during the Covid-19 Pandemic, MBL staff has conducted or participated in numerous community meetings, briefings or events throughout MBL’s service area between 2019 and 2022. Additionally, MBL enhances the face-to-face outreach efforts documented above, with digital communication methods. Initially done for both the public and staff’s wellbeing, MBL has discovered digital outreach to work very effectively for the public who cannot participate due to work or other responsibilities.

The following list identifies public outreach events attended by MBL staff during the period of July 2019 through August 2022:

MBL Public Participation and Outreach Events - Reporting Period FY19-22 Event Date Event Title Event Description
8/27/2019
MBL Electric Bus Ribbon Cutting
Ceremony
Geared toward the local media, visiting
dignitaries and city staff to increase
awareness of MBL’s green initiatives.

Visiting dignitaries and city staff were
pleased to see MBL take such an
important step forward in “going green”
and the many new doors opened by this
pilot program.

Page | 8

10/17/2020
City of Montebello Centennial
Aimed at serving as a good-will, public
relations gesture to increase awareness
that despite MBL’s reduced service due to
the COVID-19 pandemic, the agency stood
ready to bring back service as safely and
quickly as possible as current public health
protocols allowed.
8/21/2021
Downtown Street Fest
Montebello Bus lines participated with an
easy up, table, free-give away items and a
rotation of staff throughout the day and
night. The goal of MBL’s participation in
the event was to increase MBL’s public
relations image with the community and
encourage ridership. Geared toward
raising awareness of MBL’s transit services
and accessibility.
9/22/2021
MBL Clean Air Day Poetry Contest
Youth in grades Tk-12 were encouraged
and invited to participate in Montebello
Bus Lines’ Clean Air Day Poetry Contest.

The goal of the contest was to help teach
youth the importance of clean air and
how transit agencies like Montebello Bus
Lines contribute significantly to this goal.

Entries were taken from August 26, 2021
to September 22, 2021 with the winners
of the contest recognized at the City of
Montebello’s Council Meeting on October
6, 2021. Aimed at engaging the next
generation of MBL riders so that they
might be able to learn about our services
for their own uses, but also share with
family and friends.

November 2021
MBL Customer Survey
In November 2021, Montebello Bus Lines
announced a rider survey where it asked
for riders to provide feedback so that the
agency could see what areas it could
improve on to provide the most efficient
and safest service. Aimed at collecting
feedback virtually on MBL transit services
and access.

Page | 9

12/4/2021
Winter Wonderland and Tree Lighting
On December 4, 2021, Montebello Bus
Lines participate in the City of
Montebello’s Winter Wonderland & Tree
lighting event at Montebello City Hall.

While a number of MBL staff were on
sight informing the public about the
advantages of riding MBL, the agency also
brought out of vintage, holiday-themed
wrapped bus which was used in a “stuff
the bus” with toys donated from the
general public placed inside during the
event.
12/10/2021
ABC7 Stuff-A-Bus
On December 10, 2021, Montebello Bus
Lines dispatched three (3) buses to the Los
Cerritos Shopping Mall Center in Los
Cerritos to participate in an all-day event
with ABC7 as the media out hosted their
annual “Stuff A Bus” Event as part of the
larger “Spark of Love Toy Drive.”
Winter/Spring
2022
Bus Operator Recruitment Campaign
In the spring of 2022, Montebello Bus
Lines launched an extensive recruitment
campaign to hire new bus operators. One
of the avenues of this outreach was
placing advertisements on a number of
vehicles in the fleet that traveled
throughout the MBL system. At the time
of this submission, the ads continue to
remain on the exterior of the buses and
are anticipated to be removed by the end
of 2022. Aimed at raising awareness of
the bus operator positions currently open
at MBL, the benefits of the position and
the service that MBL provides in general.
5/18/2022
Operation "Stay Safe" Grand Opening
MBL staff present spoke with multiple
dignitaries and spoke on the current
highlights of the department, upcoming
developments to improve service and
accessibility for riders.

Page | 10

6/28/2022
City of Montebello Job Fair
Montebello Bus Lines participated in a
city-wide job fair on Saturday, June 28,
2022 in which the agency encouraged any
and all interested applications to visit the
Transportation Department Facility to
learn more about the position and apply,
interview and potentially begin the hiring
process. MBL was able to connect one-on-
one with interested members in the
community who are looking to find their
next career opportunity and engage them
so that they not only learned more about
the positions available, but MBL as a
whole and how important our services are
to the community.
7/2/2022
Independence Day Spectacular
Montebello Bus lines participated with an
easy up, table, free-give away items and a
rotation of staff throughout the day and
night. The goal of MBL’s participation in
the event was to increase MBL’s public
relations image with the community and
encourage ridership. Aimed at connecting
with the local community in Montebello
to collect feedback on MBL transit
services and access and serve as a good-
will, public relations opportunity to
engage with members of the public who
are not aware of our services.
7/30/2022
Downtown Street Fest
Montebello Bus lines participated with an
easy up, table, free-give away items and a
rotation of staff throughout the day and
night. The goal of MBL’s participation in
the event was to increase MBL’s public
relations image with the community and
encourage ridership.
8/2/2022
National Night Out
Montebello Bus Lines participated with
two (2) CNG buses that had Ultra-Super
King wraps on them advertising jobs with
MBL, an easy up, table, free give-away
items and roughly 5 staff members onsite
of the City of Montebello’s National Night
out event that took place on August 2,
2022, at Henry Acuna Park. The goal of
MBL’s participation in the event was to
increase MBL’s public relations image with
the community and encourage ridership.

Page | 11

9/24/2022
MBL Job Fair
Montebello Bus Lines hosted a job fair on
Saturday, September 24, 2022 in which
the agency encouraged any and all
interested applications to visit the
Transportation Department Facility to
learn more about the position and apply,
interview and potentially begin the hiring
process.
10/16/2021 City of Montebello 101 Anniversary
Pop-up event for the City 101 Anniversary
celebration. Montebello Bus Lines Fact
Sheets were distributed during the event
as well as any general public questions
were answered.
10/21/2021 Montebello Moves Stakeholder
Discussions
Outreach event that encompassed
potential stakeholders that would be
interested to give input for MBL's
Comprehensive Operational Analysis.

Representatives from a diverse range of
organizations participated including but
not limited to: The Shops at Montebello,
Montebello Unified School District, Los
Angeles County Library, YMCA, Beverly
Hospital, Lion's Club, and other City
departments.
10/28/2022 MBL Virtual Public Workshop
Outreach event that members of the
general public could assist to provide their
feedback on Montebello Bus Lines and
provide their input of ideas for the
Comprehensive Operational Analysis.

Outreach for the event was done via 3
email blasts and advertised through
Montebello's Weekly Newsletter which is
sent to over 1,900 subscribers.
3/10/2022 Montebello Moves Stakeholder
Discussions
Outreach event in which stakeholders give
input on how they see Montebello Bus
Lines moving forward. Event purpose was
to gain more participation for MBL's
Comprehensive Operational Analysis.

Participants from neighboring cities,
transit agencies, the local community
college, and YMCA participated.
3/15/2022 Montebello Moves Pop Up Event
Consisted of (2) individual pop-up events,
one held at East Los Angeles College and
another at The Shops of Montebello. The
general public stopped by at the booths to
discuss the Comprehensive Operational
Analysis and provide their vision on MBL.

Page | 12

3/17/2022 Virtual Public Meeting
Virtual meeting to have a conversation of
propositions to enhance service. Staff
answered any questions that the public
might have regarding proposed service
changes. Public meeting was advertised
through Montebello’s Weekly Newsletter,
which rose to 3,000 subscribers at the
time and was advertised through other
traditional means.

5. MBL Public Engagement – Moving Forward

Additionally, MBL regularly engages the public and plans to continue engaging the public by:

• Encouraging public comments at the monthly Board of Directors meeting. • Encouraging public comments at the bi-monthly Business Advisory Council meetings. • Participating in public involvement activities (meetings, hearings, advisory groups, workshops and task forces) to help the community understand current and upcoming projects, identify community interest and needs, eliminate negative perceptions, and define project goals.
• Developing clear, concise and understandable documents for members of the public, including EJ individuals, to provide comments on proposed projects. • Implementing the MBL’s Limited English Proficiency Plan to the fullest extent possible. • Conducting public meetings that are accessible to all, as well as persons with disabilities; and include visual and tactile presentation tools and techniques. • Using traditional and non-traditional media (website, newspapers, social media, signs, etc.) to provide the public, including LEP and EJ groups with information about upcoming public participation events.
• Distributing information such as flyers or handbills through mass mailings, postings at community centers, police stations, fire-stations, paratransit buses, and social gathering events.
• Making public information available in electronically accessible formats. • Partnering with community-based organizations that serve underrepresented populations and minority and women business organizations.

Currently, MBL provides email subscribers MBL project updates, newsletters and/or announcements; and additional stakeholders are kept informed through MBL’s social media platforms (Facebook, Instagram, and Twitter). MBL’s reach is further augmented through staff interactions with daily transit riders and MBL’s Customer Service department.

To determine the frequency and adequacy of contact with the public, including EJ populations, MBL utilizes a Public Participation Survey form at public meetings it sponsor s. This survey form was developed with the objective of enabling MBL to collect data to identify residents and communities impacted by MBL’s transit service. Completion of the survey by the public is voluntary. In review of the surveys received at events uncovered that the response rate of the

Page | 13

public filling out the voluntary form was zero to none. In response MBL implemented a Public Participation Visual Tally form as an indirect method for collecting data when at least fifty (50) percent of the participants do not complete the Public Participation survey. To view information collected throughout the reporting period, please refer to the Monitoring of Transit Service section of the Title VI Program Report’s Requirements for Fixed Route Transit Providers (50+ Vehicles During Peak Service).

The Title VI Coordinator analyzed the information to determine if further changes needed to occur to meet Title VI obligations. Overall, MBL is sufficiently making efforts, through various forums and meetings, to engage the public to attend and comment on MBL’s services. However, the limited information from the surveys submitted still suggests the public is reluctant to complete and submit the Public Participation Survey form and that MBL must rely heavily on visual assessments to determine the public participation levels by age, race, ethnicity, gender, and disability. To address the public’s reluctance MBL will also be instituting a triannual on-the- ground public polling/surveying effort on all MBL’s route lines, deploying personnel to ride the lines and collect data from patrons while in route so they are able to provide vital feedback without being delayed or inconvenienced. This will also serve purpose to the Title VI’s service monitoring program, allowing MBL to go beyond data provided and see any deficiencies that may persist, in person.

A. Advisory Council or Committee

Efforts to begin a Transportation Citizens Advisory Council began briefly before the Covid-19 pandemic, however were immediately halted at the beginning of April 2020 due to local Health Department restrictions, as well as for everyone’s safety and well -being. MBL is exploring re- initiating the outreach efforts while maintaining compliant to local health regulations. Outreach will be conducted using City digital platforms and bus inserts. When started, bylaws will be in place outlining requirements and objectives of any advisory council. All bylaws will be presented to the City Council (governing board of MBL) for approval.

6. Contact Information

MBL posts Title VI general notices, including this plan, on our website at:
https://www.montebelloca.gov/departments/transit/civil_rights/title_vi_compliance.

Any questions regarding this plan may be directed to:

Montebello Bus Lines
Attn: Transit Operations Manager
400 S. Taylor Ave. Montebello, CA 90640.

Phone: (323) 558-1625 Email: [email protected]

RESOLUTION NO. 22- 92

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA, APPROVING MONTEBELLO BUS LINES’ 2022 TITLE VI

PROGRAM, DISPARATE IMPACT AND DISPROPORTIONATE BURDEN

POLICIES, AND TRANSIT SERVICE MONITORING RESULTS

RECITALS
WHEREAS, the City of Montebello Department of Transportation—also referred to as Montebello Bus Lines (MBL), is an eligible recipient of federal financial assistance for transit services; and
WHEREAS, the City of Montebello (the “City”), as a transit bus owner–operator by and through MBL provides transportation services to residents of Montebello and neighboring cities; and
WHEREAS, to qualify for federal financial assistance, the City is required to adhere to Title VI of the Civil Rights Act of 1964 regulations that prohibit discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance; and
WHEREAS, to ensure compliance with Title VI regulations the USDOT’s Federal Transit Administration (FTA) issued Circular 4702.1B which sets out criteria for Title VI compliance; and
WHEREAS, as part of FTA’s Title VI requirements, the City must submit the Title VI Program, set a Disparate Impact Policy, set a Disproportionate Burden Policy, and conduct Transit Service Monitoring; and
WHEREAS, City staff has prepared the 2022 Title VI Program including the Language Assistance Plan and Public Participation Plan to comply with Title VI of the Civil Rights Act, and as a commitment to ensure no person is discriminated on the basis of race, color, or national origin; and
WHEREAS, City staff has developed a Disparate Impact Policy and Disproportionate Burden Policy to ensure all populations have equal access to transportation services; and
WHEREAS, City staff has conducted a transit service monitoring analysis to evaluate current service conditions and to compare minority routes to non-minority routes, ensuring minority lines receive comparable service as non-minority routes

RESOLUTION NO. 22-92

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

SECTION 1: That the City Council hereby approve and adopts the Title VI Program attached hereto as Attachment A, and that said policy take effect immediately.

SECTION 2: That the City Council approve and adopt the Disparate Impact Policy and Disproportionate Burden Policy as delineated within the 2022 Title VI Program.

SECTION 3: That the City Council approve and accept the Transit Service Monitoring Results, included within the 2022 Title VI Program.

APPROVED AND ADOPTED this 14th day of December 2022.
_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST:APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

RESOLUTION NO. 22-92

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-92 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 14 th day of December 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

ITEM # 17

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, City Manager
BY:

Fernando Pelaez, Fire Chief
SUBJECT: APPROVE RECEIPT OF AN AWARD FROM THE CALIFORNIA

HOMELESS COORDINATING AND FINANCING COUNCIL (HCFC)
ENCAMPMENT RESOLUTION GRANT PROGRAM FISCAL YEAR 2022-
23 AND 2023-2024 AND APPROPRIATE GRANT FUNDING

DATE: December 14, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve the appropriation of $1,168,774 awarded to the City by the California Interagency Council on Homelessness (Cal ICH) Encampment Resolution Funding Grant Program; and

2. Amend the Fiscal Year 2022-23 budget by increasing appropriations by $1,168,774 in Expense Account No. 267-85-859-6040.10 and $1,168,774 in Revenue Account No. 267-99-4198.40 (Cal-ICH) - Encampment Resolution Funding Grant Fund, Fire, Cal-ICH - Encampment Resolution Funding, Other Contract Services and Miscellaneous Grants - Cal-ICH Encampment Resolution Funding; and

3. Authorize the City Manager to execute a Memorandum of Agreement between the City of Montebello and State of California Business, Consumer Services and Housing Agency (BCSH) to receive $1,168,774 in funding for the Encampment Resolution Funding Program; and

4. Authorize the City Manager to enter into a sole-source contract with Beverly Hospital for the purpose of the demonstration project to provide emergency room case management homeless services in an amount not-to-exceed $150,000 for the grant term of two years; and

5. Take such additional, related action that may be desirable.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 14, 2022

FISCAL IMPACT:

The Business, Consumer Services and Housing Agency’s (BCSH) California Interagency Council on Homelessness (Cal-ICH) awarded the City of Montebello an Encampment Resolution Funding Program Grant (ERF-2-L) in the amount of $1,168,774 on October 27, 2022 (Attachment B). Staff is recommending the amendment of the Fiscal Year 2022-23 budget to increase appropriations by $1,168,774 in Account Nos. 267-85-859- 6040.10 and 267-99-4198.40 (Cal-ICH Encampment Resolution Fund Grant, Other Contract Services and Miscellaneous Grants - Cal-ICH Encampment Resolution Funding ). The award letter required the execution of a "Standard Agreement" within 30 days of the award letter date. Staff has provided the executed agreement, and once received and processed by BCSH, the City will receive its full disbursement of funds.

BACKGROUND/DISCUSSION:

The California Interagency Council on Homelessness (Cal-ICH) Encampment Resolution Grant Program released a Request for Proposal (RFP) on October 29, 2021 for a funding opportunity to submit a competitive grant application. The grant award would fund a local demonstration project that provides services to address the immediate crisis of experiencing homelessness in encampments, to support people living in encampments into paths to safe and stable housing and result in sustainable restoration of public spaces to their intended uses while safeguarding the needs of unhoused people seeking shelter. On December 8, 2021 the City Council approved the submission of the demonstration project proposal that was due on December 31, 2021 (Attachment A). On October 27, 2022, the City of Montebello was awarded the Business, Consumer Services and Housing Agency’s (BCSH) California Interagency Council on Homelessness (Cal ICH) Encampment Resolution Funding (ERF-2-L) grant in the amount of $1,168,774.00 for a period of two (2) years (Attachment B).

Under this grant program, the Fire Department will expand on its current Montebello Community Assistance Program (MCAP) to add a second MCAP Team that would increase first responder resources and community capacity building efforts around mental health, first-aid medical and supportive services for individuals impacted by homelessness. The second MCAP team would target encampments located along the banks of the 3.7-mile stretch of the Rio Hondo River on the eastern border of the City beginning at Telegraph Road to the south, and up to Lincoln Avenue in the north. The second MCAP team would also provide weekend coverage, and create flexible schedules to address the complex issues related to homelessness, mental health and other crisis needs.

For the healthcare/medical-focused portion of the grant, the Fire Department will partner with Beverly Hospital. The Emergency Room (ER) is often the first point-of-entry for many individuals facing homelessness. Beverly Hospital has the only ER serving the population within the riverbed area, and is often the Most- Accessible Receiving (MAR) facility for the Fire Department. Under the grant guidelines, the Fire Department and its partner are tasked to develop a full-time Healthcare Case Coordinator position (1.0 FTE)

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 14, 2022

that will be placed in the Emergency Room (ER), where individuals who are homeless would be able to receive both medical case management services and other appropriate services. This position would be a Beverly Hospital employee, not a City of Montebello employee. The recommended action to approve a sole-source contract with Beverly Hospital in the amount of $150,000 is for the creation of this dedicated Healthcare Case Coordinator position.

ENVIRONMENTAL:

This item is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections:
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because there is no possibility that this item may have a significant adverse effect on the environment, the item is exempt from CEQA.

ANALYSIS:

The City’s homeless catchment areas are within Service Provider Area 3-San Gabriel Valley (SPA 3) and Service Provider Area 7- East (SPA 7). The recent 2022 Los Angeles Homeless Services Authority (LAHSA) point-in-time homeless count reported that SPA 3’s total number of homeless is 4,661 and SPA 7’s total number is 4,781. The number of homeless as estimated by the Fire Department is much higher as the riverbed runs through various cities, and due to the population being highly transient among those areas. As it relates specifically to Montebello’s People Experiencing Homelessness (PEH) many live along the banks of the Rio Hondo River; the banks are dense with vegetation and hard-to-reach by foot or vehicle in some locations, making counting, outreaching to, and assisting the City's PEH a logistical challenge.

The PEH served by the Montebello Community Assistance Program (MCAP) range in ages from 16-80; approximately 90% of the PEH present with mental health issues and 70% have addiction issues. The vast majority of addiction issues are related to methamphetamine, one of the most addictive drugs in the world. PEH who are addicted to methamphetamine are particularly vulnerable due to the myriad health problems that accompany the addiction.

In addition, the City has been addressing the homeless problem by adopting a field- based paramedic model, known as MCAP. However, the issues related to homelessness have worsened over the past decade due to the plummeting availability of affordable housing, supportive long-term housing, limited behavioral health treatment facilities, and other factors that have contributed to the increase in individuals facing homelessness. In order to better understand the demonstration project and its impacts, the Fire Department recognizes the importance of dedicating time and resources to the grant management components of these programs, including evaluation of program effectiveness and researching long-term sustainability when grant funding expires.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 14, 2022

The City sought this grant opportunity in order to expand its existing program. Year-to- date since July 1, 2022, MCAP has enrolled 94 individuals and families, conducting outreach to over 200 homeless individuals. This additional funding intends to build capacity to provide relevant and responsive services in a timely manner to individuals experiencing homelessness in encampments. It is critical to engage homeless individuals as soon as the onset of the crisis or connection has been made due to providing intensive case management services and other supportive services. In addition, the efforts intend to also support the City’s ability to restore encampment sites to their original state and intended purposes (i.e., clean up), but must prioritize protecting the health, safety, and well-being of the individuals who have been living in the encampments. Since the Fire Department handles both fire and EMS calls, they are often the first responder for issues related to the homeless in the riverbed, sometimes due to brush fires in the area.

The Fire Department will utilize its Homeless Task Force Committee to continue to assess the needs impacting the homeless community. The committee is comprised of intra-Department collaboration, Public Works, Community Development and Parks and Recreation. The project will support cross-systems collaboration and service strategies to help people experiencing homelessness transition out of encampments and towards safe and stable housing pathways. This aligns with the recent efforts around Operation Stay Safe Project (i.e., Tiny Homes) to support the bridge housing opportunities.

SUMMARY:

Staff is recommending the amendment of the Fiscal Year 2022-23 budget to increase appropriations by $1,168,774 in Account Nos. 267-85-859-6040.10 (expenditure) and 267-99-4198.40 (revenue) (Cal-ICH Encampment Resolution Fund Grant, Other Contract Services and Miscellaneous Grants - Cal-ICH Encampment Resolution Funding); and approve a sole-source agreement with Beverly Hospital to develop a dedicated position to help address the homeless who are admitted to the Emergency Room.

ATTACHMENT(S)

1. Attachment A - 12821 Staff Report, Request to Submit Encampment Grant

2. Attachment B - ERF-2-L Award Letter City of Montebello

3. Attachment C - Encampment Resolution Fund Round 2 Lookback Disbursement Standard Agreement Exhibits A-E_City of Montebello

4. Attachment D - Encampment Resolution Grants Round 2.1_Visual

NEXT STEPS:

N/A

ITEM #____
CITY

OF MONTEBELLO
CITY

COUNCIL AGENDA STAFF REPORT
TO: Honor
able Mayor and City Council Members
FRO
M: René Bobadilla, P.E., City Manager
BY: Fi
re Chief Fernando Pelaez, Fire Department
SUBJE
CT: Approval to Submit Application for the California Homeless Coordinating and Financing Council (HCFC) Encampment Resolution Grant Program Fiscal Year 2021-22
DATE
: December 8, 2021
RECOMMENDATION(S):

It i
s recommended that the City Council:
1) Approve t
he submission of the grant application for California Homeless Coordinating and Financing Council (HCFC) Encampment Resolution Grant Program; and
2) Take s
uch additional, related, action that may be desirable.

FISCAL IMPACT
The C
alifornia Homeless Coordinating and Financing Council (HCFC) Encampment Resolution Grant Program currently has a funding opportunity to submit a competitive grant application. The City could potentially receive $375,000 up to $1,000,000 depending on the scope of the project, program design and availability of funding for the project, there are no local matching funds. If a grant is awarded and once the amount is determined, staff will return to the City Council with a request to appropriate the funds.

BACKGROUND
On Oc
tober 29, 2021, Governor Gavin Newsom announced that the California Homeless Coordinating and Financing Council (HCFC) released the application for $50 million in funding for the brand- new Encampment Resolution Grant program. These funds will be available on a competitive basis to local governments that commit to addressing specific, 24 ATTACHMENT A

CITY COUNCIL AGENDA REPORT – MEETING OF DECEMBER 8, 2021 Approval to Submit Application for the California Homeless Coordinating and Financing Council (HCFC) Encampment Resolution Grant Program FY 2021-22

persistent encampments by using these resources to provide pathways to permanent housing for individuals experiencing unsheltered homelessness. The $50 million Encampment Resolution Grant program is a broader $12 billion homeless package, which includes $2 billion in flexible homelessness aid directly to local governments.

The Encampment Resolution Funding (ERF) Program grants will fund local demonstration projects that provide services to address the immediate crisis of experiencing unsheltered homelessness in encampments, to support people living in encampments onto paths to safe and stable housing and result in sustainable restoration of public spaces to their intended uses while safeguarding the needs of unhoused people seeking shelter.

ANALYSIS

The latest homeless count (2020) identified 170 homeless individuals in Montebello, though anecdotally, the number is estimated by the Fire Department to be as much as three times higher because of counting difficulties. Specifically, many of Montebello's People Experiencing Homelessness (PEH) live along the banks of the Rio Hondo River; the banks are dense with vegetation and hard- to-reach by foot or vehicle in some locations, making counting, outreaching to, and assisting the City's PEH a logistical challenge.

The PEH served by the Montebello Community Assistance Program (MCAP) have ranged in age from 16-80; approximately 90% of the PEH present with mental health issues and 70% have addiction issues. The vast majority of addiction issues are related to methamphetamine, one of the most addictive drugs in the world. PEH who are addicted to meth are particularly vulnerable due to the myriad serious health problems that accompany the addiction: heart problems, blood pressure issues, blood clots, convulsions, brain damage, confusion/disorientation, and much more. Helping these individuals out of addiction is time- consuming and challenging, and i ntervening is challenging as the victims are threatened with violence to themselves or their families, deportation, loss of income, and more.

In addition, t he City has been addressing the homeless problem, which has worsened over the past decade due to the plummeting availability of affordable housing , and other factors that have contributed to the increase in indiv iduals facing homelessness. Since the Fire Department handles both fire and EMS calls, they are often the first responder for issues related to the homeless. Increasingly, homeless people are responsible for setting (inadvertently or purposely some of the recent large wildfires in and around Montebello. The Fire Department continuously responds to the Rio Hondo riverbed and many others in the surrounding area due to reports of fires and/or medical calls.

CITY COUNCIL AGENDA REPORT – MEETING OF DECEMBER 8, 2021 Approval to Submit Application for the California Homeless Coordinating and Financing Council (HCFC) Encampment Resolution Grant Program FY 2021-22

DISCUSSION

The City is seeking to submit a proposal seeking funding that will be intended to build capacity to provide relevant and responsive services to individuals experiencing homelessness in encampments. Activities will also support efforts to restore encampment sites to their original state and intended purposes (i.e., clean up), but must prioritize protecting the health, safety, and well -being of the individuals who had been living in the encampments.

The Fire Department will utilize its Homeless Task Force Committee to continue to assess the needs impacting the homeless community. The committee is comprised of intra- Department collaboration, Public Works, Community Development and Parks and Recreation. The project will support cross -systems collaboration and service strategies to help people experiencing homelessness transition out of encampments and towards safe and stable housing pathways, this aligns with the recent efforts around Operation Stay Safe Project to support the bridge housing opportunities.

SUMMARY

That the City Council approve the submission of the grant proposal application for the California Homeless Coordinating and Financing Council (HCFC) Encampment Resolution Grant Program FY 2021-22.

ATTACHMENT(S):

None.

October 27, 2022

City of Montebello
Attn: Angelica Palmeros
1600 W Beverly Blvd
Montebello, CA 90640

RE: Award Announcement – City of Montebello
Award Amount: $1,168,774.00

Dear Angelica Palmeros:

The Business, Consumer Services and Housing Agency’s (BCSH) California Interagency Council on Homelessness (Cal ICH) is pleased to announce that the City of Montebello has been awarded an Encampment Resolution Funding (ERF- 2-L) grant in the amount of $ $1,168,774.00. This letter constitutes notice of the award of ERF-2-L funds for use in the City of Montebello.

The City of Montebello will receive its full disbursement of funds after the Standard Agreement is fully executed. Please be advised that this award is subject to the terms and conditions of the Standard Agreement. Failure to sign and return the Standard Agreement within 30 days of receipt from BCSH may result in a delay of disbursement of funds.

Congratulations on your successful application. For further information or if you have any questions, please contact Jeannie McKendry, Grants Development Section Chief at Cal-ICH at [email protected] or [email protected].

Sincerely,
Victor Duron
Victor Duron,
Grants Director, Cal ICH

BUSINESS, CONSUMER

SERVICES AND

HOUSING AGENCY

801 Capitol Mall
Suite 601
Sacramento, CA 95814
(916) 651-2820
bcsh.ca.gov/calich

Gavin Newsom,
Governor
Lourdes M.

Castro Ramirez,
Secretary

City of Montebello
22-ERF-2-L-10007

Initial Here________
Encampment Resolution Funding Program
Round 2, Lookback Disbursement (ERF-2-L)
Standard Agreement

EXHIBIT A

AUTHORITY, PURPOSE, AND SCOPE OF WORK

1) Authority

The State of California has established the Encampment Resolution Funding Program (“ERF” or “Program”) pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. Amended by SB 197 (Statutes of 2022, Chapter 70, Sec.3-8, effective June 30, 2022).

The Program is administered by the California Interagency Council on Homelessness (Cal ICH) in the Business, Consumer Services and Housing Agency (“Agency”). ERF provides one-time, competitive grant funds to continuums of care and / or local jurisdictions as defined below. To date, there have been two rounds of the Encampment Resolution Funding Program. This Standard Agreement governs the Lookback Disbursement in Round 2 of the ERF Program (“ERF-2-L”). For this Standard Agreement, ERF-2-L is synonymous with “ERF” or “Program”.

This Standard Agreement along with all its exhibits (“Agreement”) is entered into by the Cal ICH and a continuum of care or a local jurisdiction (“Grantee”) under the authority of, and in furtherance of, the purpose of the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the Request for Applications (“RFA”) under which the Grantee applied, the representations contained in the Grantee’s application, Cal ICH guidance or directives, and the requirements appearing in the statutory authority for the Program cited above.

2) Purpose

As stated in the RFA, the program incorporates two interdependent objectives.

a) The Program funds local demonstration projects that feature data-informed, innovative service delivery models and cross systems collaborations that support individuals experiencing homelessness in encampments towards a meaningful path to safe and stable housing through non-punitive, low-barrier, person- centered, Housing First approaches. These projects must comply with the principles of Housing First as defined in Welfare and Institutions Code Section 8255, must serve a specific encampment site, and be designed to achieve sustainable outcomes for both recipients of services and the encampment site to be resolved.

City of Montebello
22-ERF-2-L-10007

Initial Here________
b) In close partnership with Grantees, Cal ICH or its agents will analyze Grantee’s demonstration projects to evaluate activities and outcomes for the purpose of sharing scalable and replicable encampment resolution models that may be implemented across the state.

3) Definitions

The following Encampment Resolution Funding Program terms are defined in accordance with Health and Safety Code Section 50250, Subdivisions (a) – (l);

(a) “Additional funding round moneys” means moneys appropriated for the program in or after fiscal year 2022–23.
(b) “Agency” means the Business, Consumer Services, and Housing Agency. (c) “Applicant” means a continuum of care or local jurisdiction (d) “Continuum of care” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(e) “Council” means the California Interagency Council on Homelessness, previously known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.
(f) “County” includes, but is not limited to, a city and county. (g) “Funding round 1 moneys” means moneys appropriated for the program in fiscal year 2021–22.
(h) “Homeless” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(i) “Local jurisdiction” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county. (j) “Program” m eans the Encampment Resolution Funding program established pursuant to this chapter.
(k) “Recipient” means an applicant that receives grant funds from the council for the purposes of the program.
(l) “State right-of-way” means real property held in title by the State of California

Additional definitions for the purposes of ERF program:

“Grantee” is synonymous with “Recipient”

“Subrecipients” or “subgrantees” are entities that receive subawards from “recipients” or “grantees” to carry out part of the Program.

City of Montebello
22-ERF-2-L-10007

Initial Here________

“Expended” means all ERF funds obligated under contract or subcontract that have been fully paid and receipted, and no invoices remain outstanding.

“Obligate” means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using ERF funding. Grantees must obligate the funds by the statutory deadlines set forth in this Exhibit A.

4) Scope of Work

This Scope of Work identifies the terms and conditions necessary to accomplish the Program’s intended objectives.

As detailed in Exhibit A.2
, the Program has two, interdependent objectives. First, grantees will implement ERF funded local demonstration projects. Second, in close partnership with Grantees, Cal ICH will evaluate the manner and outcomes of this implementation. Those learnings will be shared across the state.

Grantees will implement their ERF funded local demonstration projects in compliance with the terms and conditions of this Agreement, the Request for Applications (“RFA”) under which the Grantee applied, the representations contained in the Grantee’s application, Cal ICH guidance or directives, and the requirements per the authorizing statute.

Permissible eligible uses and activities are detailed below in Exhibit B , Budget
Details and Disbursement Provisions. Prior to fully executing this agreement, Grantees must standardize their budget using an Cal ICH provided budget template.

Because of the legislative intent to share scalable and replicable encampment resolution models, Grantees are expected to be close partners with Cal ICH. This means timely and accurate reporting, candid communication of successes and challenges, and availability of persons, information, or materials.

Quarterly reporting requirements are detailed below in Exhibit D.4.

Reporting,
Evaluation, and Audits.

Fiscal deadlines are detailed below in Exhibit A.6.

Effective Date, Term of
Agreement, and Deadlines.

Grantees shall complete a Final Work Product (As detailed below in Exhibit A.6.d. )
and participate in a program evaluation regarding their implementation of ERF awards. To support this effort, Cal ICH will make Technical Assistance available.

City of Montebello
22-ERF-2-L-10007

Initial Here________
Cal ICH maintains sole authority to determine if a grantee is acting in compliance with the program objectives and may direct grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and Cal ICH’s discretion in making these determinations are absolute and final.

5) Cal ICH Contract Coordinator

The Cal ICH’s Contract Coordinator for this Agreement is the Council’s Grant Development Section Chief or the Grant Development Section Chief’s designee.

Unless otherwise instructed, any communication shall be conducted through email to the Cal ICH Contractor Coordinator or their designee. If documents require an original signature, the strongly preferred form is an e-Signature in accordance with the Uniform Electronic Transactions Act (UETA). If an Awardee is unwilling or unable to sign a document electronically, BCSH shall accept wet or original signed documents. These documents containing wet signatures should be both mailed to Cal ICH and scanned and emailed as instructed. State law or policy may require the use of wet signatures for specific documents. The Representatives during the term of this Agreement will be:

PROGRAM GRANTEE
ENTITY: Business, Consumer Services and
Housing Agency Montebello Fire Department
SECTION/UNIT:

California Interagency Council on
Homelessness
(Cal ICH)

ADDRESS: 801 Capital Mall, 6th floor
Sacramento, CA, 95814
1600 W Beverly Boulevard,
Montebello, CA 90640-3932

CONTRACT
COORDINATOR Jeannie McKendry Angelica Palmeros
PHONE
NUMBER: (916) 510-9446 (323) 887-4540 ext. 547
EMAIL
ADDRESS:

[email protected] and
[email protected] [email protected]

The Council reserves the right to change their Cal ICH Contractor Coordinator, designee, and / or contact information at any time with reasonable notice to the Grantee.

All requests to update the Grantee information listed within this Agreement shall be emailed to the Cal ICH grant’s general email box at [email protected] .

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6) Effective Date, Term of Agreement, and Deadlines

a) This Agreement is effective upon execution by Cal ICH. This is indicated by the Cal ICH provided signature and date on the second page of the accompanying STD. 213, Standard Agreement.

b) Performance shall start no later than 30 days, or on the express date set by Cal ICH and the grantees, after all approvals have been obtained and the Grant Agreement is fully executed. Should the grantee fail to commence work at the agreed upon time, Cal ICH, upon five (5) days written notice to the grantee, reserves the right to terminate the Agreement.

c) Grantees will continue to perform until the Agreement is terminated, including data reporting and participation in program evaluation activities, as needed.

d) This Agreement will terminate on March 31, 2026.

Grantees shall submit a Final Work Product by September 30, 2025. The Final Work Product will include programmatic and fiscal data and a narrative on the outputs and outcomes of the program on a reporting template to be provided by Cal ICH

Cal ICH will review submitted Final Work Products and collaborate with Grantees to cure any deficiencies by March 31, 2026.

Grantees are expected to continue performing until March 31, 2026. This means timely and accurate reporting, candid communication of success or shortcomings, and availability of persons, information, or materials.

e) Expenditure Deadlines:

i. Grantees shall expend no less than 50 percent of Program funds by June 30, 2024. Any funds not expended by this date shall be returned to the council pursuant to HSC Section 50253(d). Cal ICH will use quarterly fiscal reporting as required in Exhibit D.4.a. of this agreement to determine the amount to be returned.

ii. All Program funds (100 percent) shall be expended by June 30, 2025. Any funds not expended by this date shall revert to the fund of origin pursuant to HSC Section 50253(d).

f) Obligation Deadlines:

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All Program funds (100 percent) shall be obligated by June 30, 2024. Recipients that do not meet this requirement shall submit to the council within 60 days of the end of the second fiscal year a plan for obligating 100 percent of their allocation within six months. The council may subject recipients that do not meet the underlying 100 percent obligation requirement to additional corrective action determined by the council.

7) Special Conditions

Cal ICH maintains sole authority to determine if a grantee is acting in compliance with the program objectives and may direct grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and Cal ICH’s discretion in making these determinations are absolute and final.

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Encampment Resolution Funding Program
Standard Agreement

EXHIBIT B
BUDGET DETAIL and DISBURSEMENT PROVISIONS

1) General Conditions Prior to Disbursement

All Grantees must submit the following completed forms prior to Encampment Resolution funds being released:

• Request for Funds Form (“RFF”)
• STD 213 Standard Agreement form and initialed Exhibits A through E • STD 204 Payee Data Record or Government Agency Taxpayer ID Form

2) Disbursement of Funds

Encampment Resolution funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Cal ICH, the Department of General Services (DGS), and the State Controller’s Office (SCO).

The RFF must include the total amount of Program funds proposed to be expended.

The Encampment Resolution funds will be disbursed in one allocation via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF.

3) Budget Details and Expenditure of Funds

The Grantee shall expend Program funds on eligible uses and activities as detailed in the submitted standardized budget. Grantees must standardize their budget using an Cal ICH provided budget template. Cal ICH reserves the right to direct specific line-item changes in the originally submitted Application budget or subsequently submitted standardized budgets.

To ensure efficient and reliable processing, grantees shall submit budget change requests through a designated submission portal (i.e., currently Cognito, though subject to change). These requests will be reviewed in the first week of each month.

Failure to submit by 5 pm on the 1
st day of the month subjects a Grantee to having
their budget change request being reviewed the following month. Cal ICH may consider budget change requests outside of this timeline and through email as needed due to documented, exigent circumstances. Grantees carry the burden to anticipate foreseeable budget change requests and should plan accordingly.

Cal ICH reserves the right to amend or adjust this process as necessary.

Budget Changes

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Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by Cal ICH so long as the total expenditures (actual and projected) for each eligible use category remain the same as approved in the standardized budget.

Any decrease or increase to the total expenditures for any eligible use category must otherwise be approved by the Council’s Grant Development Section Chief or their designee, in writing, before the Grantee may expend Program funds according to an alternative standardized budget. The Grant Development Section Chief will respond to Grantee with approval or denial of request. Failure to obtain written approval from the Grant Manager or their designee as required by this section may be considered a breach of this Agreement. A breach of this agreement may result in remedies listed below in Exhibit D.6.

Breach and Remedies.

Regardless of an increase or decrease of an expenditure amount, any significant or material programmatic or fiscal change as considered by a reasonable project manager should be submitted to Cal ICH for approval.

These eligible uses and activities must be consistent with Health and Safety Code (HSC) Sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, Cal ICH guidance or directives, the Request for Applications (“RFA”) under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2.

Purpose.

Eligible uses and activities include, but are not limited to, the following:

Direct Services and Housing Options: activities to address immediate crisis needs and paths towards safe and stable housing for people living in encampments including, but not limited to, street outreach and engagement, housing and/or systems navigation, interim housing, and permanent housing.

Capacity Building: activities to enhance the systems carrying out the demonstration project including, but not limited to, service coordination efforts, establishing and strengthening cross-system partnerships, and workforce development including specialized training and contracting with providers of culturally specific interventions.

Sustainable Outcomes: activities and interventions to ensure sustained outcomes for the people served and to support sustained restoration of encampment sites to their intended or original state.

Administration: up to 5% of awarded Program funds may be applied to administrative costs.

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Program funds shall not be expended on Ineligible Costs as detailed immediately below.

4) Ineligible Costs

Encampment Resolution funds shall not be used for costs associated with activities in violation, conflict, or inconsistent with Health and Safety Code (HSC) Sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, Cal ICH guidance or directives, the Request for Applications (“RFA”) under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2.

Purpose.

Costs shall not be used for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.

Moreover, no parties to this contract nor their agents shall directly or indirectly use ERF awards for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. ERF funded activities that cause a traumatic effect are inconsistent with ensuring the safety and wellness of people experiencing homelessness in encampments.

Cal ICH, at its sole and absolute discretion, shall make the final determination regarding the allowability of Encampment Resolution fund expenditures.

Cal ICH reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use Encampment Resolution funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to Cal ICH at an amount and timeframe determined by Cal ICH.

An expenditure which is not authorized by this Agreement, or by written approval of the Grant Manager or his/her designee, or which cannot be adequately documented, shall be disallowed, and must be reimbursed to Cal ICH by the Grantee at an amount and timeframe determined by Cal ICH.

Program funds shall not be used to supplant existing local funds for homeless housing, assistance, prevention, or encampment resolution including site restoration or waste management.

Unless expressly approved by Cal ICH in writing reimbursements are not permitted for any Program expenditures prior to this Agreement’s date of execution.

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Encampment Resolution Funding Program
Standard Agreement

EXHIBIT C

STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS

This exhibit is incorporated by reference and made part of this agreement. The General Terms and Conditions (GTC 04/2017) can be viewed at the following link:

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017- FINALapril2017.pdf?la=en&hash=3A64979F777D5B9D35309433EE81969FD69052D2

In the interpretation of this Agreement, any inconsistencies between the State of California General Terms and Conditions (GTC - 04/2017) and the terms of this Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and its exhibits/attachments.

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Encampment Resolution Funding Program
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EXHIBIT D

GENERAL TERMS AND CONDITIONS

1) Termination and Sufficiency of Funds

a) Termination of Agreement

Cal ICH may terminate this Agreement at any time for cause by giving a minimum of 14 days’ notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph 6
of this Exhibit D; violation of any federal
or state laws; or withdrawal of Cal ICH’s expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by Cal ICH, any unexpended funds received by the Grantee shall be returned to Cal ICH within 30 days of Cal ICH’s specified date of termination.

b) Sufficiency of Funds

This Agreement is valid and enforceable only if sufficient funds are made available to Cal ICH by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.

2) Transfers

Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit D.12.
(Special Conditions – Grantees/Sub Grantee)
or with the prior written approval of Cal ICH and a formal amendment to this Agreement to affect such subcontract or novation.

3) Grantee’s Application for Funds

Grantee submitted a budget to Cal ICH as part of their application for the Program.

Prior to fully executing this agreement, Grantees must standardize their application’s budget using an Cal ICH provided budget template.

Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications (e.g., standardized budget)

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and additions thereto are true, correct, and complete to the best of Grantee’s knowledge. In the event that any part of the application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect Cal ICH approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then Cal ICH may declare a breach of this Agreement and take such action or pursue such remedies as are legally available.

4) Reporting, Evaluation, and Audits

a) Reporting Requirements

i. Grantee is required to provide Cal ICH or its agents with all data and outcomes that may inform an assessment of the funded project. Grantees shall report quarterly and have one Final Work Product submitted prior to this Agreement’s termination. Grantees will be required to provide:

• Outreach and service path data at the anonymized, individual level; • Current housing status of persons served in the aggregate; • Status of funding as presented in the Cal ICH approved, standardized budget; and
• C ontinued confirmation that projects receiving ERF funds are populated timely into HMIS and use Cal ICH supplied funding codes.

Cal ICH’s discretion in identifying which information shall be included in these reports is absolute and final.

Pursuant to Health and Safety Code (HSC) Section 50254, grantees shall provide data elements, including, but not limited to, health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System.

Pursuant to HSC Section 50254(b)(3), Grantees shall report individual, client-level data for persons served by grant funding to the council, in addition to any data reported through local Homeless Management Information System, as required by the council for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.

Pursuant to HSC Section 50254(b)(4), Council staff may use information reported directly from grantees and through statewide Homeless Data Integration System for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.

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ii. The quarterly reports shall be submitted on a template to be provided by Cal ICH at least 90 days prior to the first reporting deadline. Cal ICH may request interim reports as needed and will provide no less than 30 days’ notice to Grantees.

iii. If the Grantee fails to provide any such report, Cal ICH may recapture any portion of the amount authorized by this Agreement with a 14-day written notification.

b) Evaluation

i. At Cal ICH’s discretion, Grantees shall participate in a program evaluation regarding their implementation of ERF awards. To support this effort, the Cal ICH will contract a third party to complete the evaluation.

ii. Grantees are expected to be close partners with Cal ICH for this program evaluation and for all evaluative aspects of this Program. This means timely and accurate reporting, candid communication of success or challenges, and availability of persons, information, or materials. More specifically, Grantees must cooperate with Cal ICH or its designee as reasonably required to implement an evaluation plan. This includes providing or facilitating the collection of data and materials as reasonably requested by Cal ICH or its designee.

iii. For the purpose of evaluation, Cal ICH or its designee may visit sites related to the project and film, tape, photograph, interview, and otherwise document Grantee’s operations during normal business hours and with reasonable advance notice. Cal ICH will comply with Grantee’s site visit terms during any site visits.
iv. Grantees should maintain active data, documents, and filings in anticipation of this evaluation. Special care should be taken to organize and preserve internal work products that guided implementation by the Grantee or subgrantee.

v. Grantees shall notify Cal ICH and provide copies of any reports or findings if Grantee conducts or commissions any third-party research or evaluation regarding their funded project.

vi. All terms and conditions that apply to reporting similarly apply to evaluation.

c) Auditing

Cal ICH reserves the right to perform or cause to be performed a financial audit.

At Cal ICH request, the Grantee shall provide, at its own expense, a financial

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audit prepared by a certified public accountant. Should an audit be required, the Grantee shall adhere to the following conditions:

i) The audit shall be performed by an independent certified public accountant.

ii) The Grantee shall notify Cal ICH of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Cal ICH to the independent auditor's working papers.

iii) The Grantee is responsible for the completion of audits and all costs of preparing audits.

iv) If there are audit findings, the Grantee must submit a detailed response acceptable to Cal ICH for each audit finding within 90 days from the date of the audit finding report.

5) Inspection and Retention of Records

a) Record Inspection

Cal ICH or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement. The Grantee agrees to provide Cal ICH, or its designee, with any relevant information requested. The Grantee agrees to give Cal ICH or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the Encampment Resolution Funding Program laws, Cal ICH guidance or directives, and this Agreement.

b) Record Retention

The Grantee further agrees to retain all records described in subparagraph A for a minimum period of five (5) years after the termination of this Agreement.

If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.

6) Breach and Remedies

a) Breach of Agreement

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Breach of this Agreement includes, but is not limited to, the following events:

i. Grantee’s failure to comply with the terms or conditions of this Agreement.

ii. Use of, or permitting the use of, Encampment Resolution funds provided under this Agreement for any ineligible activities.

iii. Any failure to comply with the deadlines set forth in this Agreement.

b) Remedies for Breach of Agreement

In addition to any other remedies that may be available to Cal ICH in law or equity for breach of this Agreement, Cal ICH may:

i. C onduct a program monitoring which will include a corrective action plan (CAP) with findings, remedies, and timelines for resolving the findings.

ii. Bar the Grantee from applying for future Encampment Resolution funds;

iii. Revoke any other existing Encampment Resolution award(s) to the Grantee;

iv. Require the return of any unexpended Encampment Resolution funds disbursed under this Agreement;

v. Require repayment of Encampment Resolution funds disbursed and expended under this Agreement;

vi. Require the immediate return to Cal ICH of all funds derived from the use of Encampment Resolution funds

vii. Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with Encampment Resolution requirements.

c) All remedies available to Cal ICH are cumulative and not exclusive.

d) Cal ICH may give written notice to the Grantee to cure the breach or violation within a period of not less than 14 days.

7) Waivers

No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Cal ICH to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these

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provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Cal ICH to enforce these provisions.

8) Nondiscrimination

During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law. Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, Section 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, Section 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Section 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

9) Conflict of Interest

All Grantees are subject to state and federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code Section 1090 and Public Contract Code Sections 10410 and 10411.

a) Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services.

b) Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract

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in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve- month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.

c) Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, Section 81000 et seq.).

d) Representatives of a County: A representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county.

10) Drug-Free Workplace Certification

Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code Section 8355, subdivision (a)(1).

a) Establish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following:

i. The dangers of drug abuse in the workplace;

ii. Grantee’s policy of maintaining a drug-free workplace;

iii. Any available counseling, rehabilitation, and employee assistance program; and

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iv. Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations.

b) Provide, as required by Government Code Section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement:

i. Will receive a copy of Grantee’s drug-free policy statement, and

ii. Will agree to abide by terms of Grantee’s condition of employment or subcontract.

11) Child Support Compliance Act

For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:

a) The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and

b) The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

12) Special Conditions – Grantees/Subgrantee

The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E
. These conditions shall be met to the
satisfaction of Cal ICH prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of Encampment Resolution funds. Failure to comply with these conditions may result in termination of this Agreement.

a) The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to:

i. Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.

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ii. Maintain at least the minimum State-required worker’s compensation for those employees who will perform the work or any part of it.

iii. Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it.

iv. Agree to include and enforce all the terms of this Agreement in each subcontract.

13) Compliance with State and Federal Laws, Rules, Guidelines and Regulations

The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the Encampment Resolution program, the Grantee, its subrecipients, and all eligible activities.

Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to Cal ICH upon request.

14) Inspections

a) Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.

b) Cal ICH reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.

c) Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected.

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15) Litigation

a) If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Cal ICH, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable.

b) The Grantee shall notify Cal ICH immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Cal ICH, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Cal ICH.

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Encampment Resolution Funding Program
Standard Agreement

EXHIBIT E

SPECIAL TERMS AND CONDITIONS

1) All proceeds from any interest-bearing account established by the Grantee for the deposit of funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of funds, must be used for eligible activities and reported on as required by Cal ICH.

2) Grantee shall utilize its local Homeless Management Information System (HMIS) to track Encampment Resolution funded projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by funding (e.g., by creating appropriate - Encampment Resolution specific funding sources and project codes in HMIS).

3) Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System (known as the Homeless Data Integration System or “HDIS”), in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code Section 50254. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). For purposes of this paragraph, “health information” means “protected health information,” as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code. The Council may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement.

4) Grantee agrees to accept technical assistance as directed by Cal ICH or by a contracted technical assistance provider acting on behalf of Cal ICH and report to Cal ICH on programmatic changes the grantee will make as a result of the technical assistance and in support of their grant goals.

5) Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape

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all levels of planning and implementation, including through opportunities to hire people with lived experience.

6) Cal ICH maintains sole authority to determine if a grantee is acting in compliance with the program objectives and may direct grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and Cal ICH’s discretion in making these determinations are absolute and final.

ITEM # 18

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, City Manager
BY:

Michael Solorza, Director of Finance
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4055 WITH URBAN FUTURES, INC. TO PROVIDE CONTINUING DISCLOSURE

SERVICES

DATE: December 14, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Professional Services Agreement No. 4055 with Urban Futures, Inc. (Urban Futures, Inc.) in an amount not to exceed $99,600 ($33,200 annually) over an initial three (3) year term; and

2. Take any additional actions necessary to effectuate the procurement of services.

FISCAL IMPACT:

The total amount of this agreement shall not exceed $99,600 ($33,200 annually) over the initial three (3) year term. Sufficient funds for this expenditure will be budgeted annually in Fund 410 (Debt Service), Fund 620 (Hilton Garden Inn), and Fund 625 (Home 2 Suites). The services provided will be for continuing disclosure and post-issuance compliance services related to the City’s various outstanding debt issues.

BACKGROUND/DISCUSSION:

The Department of Finance relies on financial advisors' specialized expertise and resources to assist with specific financial and operational projects. For long-term debt financing, the City hires the services of a financial advisor that develops issuance strategies, provides bond marketing options, and general guidance to assist in market

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 14, 2022

opportunity monitoring and rating agency presentation. Additionally, the financial advisor helps City staff in policy development, operational reviews, financial modeling and analysis, specialized forecasts, financial reports, and capital planning. The financial advisor provides a high degree of technical expertise, skills, and knowledge unavailable from City staff.

According to their continuing disclosure agreements, bonds issued by local governments are subject to ongoing monitoring and reporting for compliance with tax and disclosure requirements. In addition to securities and tax requirements, governmental issuers may face a variety of other compliance obligations, such as bond indenture requirements, state and local law, and policy requirements. To meet these obligations, staff requests authorization to establish an agreement with Urban Futures Inc. (UFI) for continuing disclosure and post-issuance compliance services related to the City’s security, debt, loan, and other outstanding obligations.

Urban Futures is based in Southern California. They have over 75 years of experience providing financial services for private and public entities. Their public management group brings a dynamic blend of technical and practical approaches to financial management. UFI has assisted the City with two recent bond issues: Lease Revenue Bond Series 2022A (Golf Course Renovation) and Lease Revenue Bond Series 2022B (Topgolf Project). UFI currently serves as the City's Financial Advisor (FA) and provided continuing disclosure assistance with the 2022A and 2022B bond issuances. Staff is confident their services can best meet the needs of the City.

The services provided by Urban Futures are professional and exempt from the competitive bidding process pursuant to Montebello Municipal Code 3.20.050H, 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:

Nothing shall be construed to preclude the City from awarding a written contract for professional type services, as defined by case or statutory law, without complying with the provisions of this article. The term "professional services" means services entailing a high degree of specialized technical or mental skill, in a recognized field of expertise. 741

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 14, 2022

SUMMARY:

Staff recommends the City Council authorize the City Manager to execute Professional Service Agreement No. 4055 with Urban Futures Inc. Upon approval, Urban Futures will provide continuing disclosure and post-issuance compliance services for the City’s various outstanding debt obligations.

ATTACHMENT(S)

1. Attachment A - Agr. 4055 Urban Futures

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ITEM # 19

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, City Manager
BY:

Michael Solorza, Director of Finance
SUBJECT: UPDATE ON SALE OF CITY'S WATER SYSTEM TO SAN GABRIEL

VALLEY WATER COMPANY

DATE: December 14, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1. Receive and file this update on the sale of the City’s water system to San Gabriel Valley Water Company (SGVWC).

FISCAL IMPACT:

The City of Montebello will receive $15.857 million for the sale of its Water System and related assets to the San Gabriel Valley Water Company (SGVWC). The funding will be received once escrow officially closes and various title documents are executed. Moreover, the City retains certain water rights and will lease such rights to SGVWC – generating additional revenue to the General Fund. The estimated ten year value of the water rights lease is $1,950,000. (Refer to Attachment A for details on fiscal impacts and related matters, as discussed in the March 25, 2020 City Council agenda report).

BACKGROUND/DISCUSSION:

Discussions surrounding the sale of the City’s water system go back several years. There is documented City Council approved actions related to the potential sale of the system in 2016, 2019 and 2020, with many more non-formal actions taken at the staff level during that time. Furthermore, one of the recommendations in the 2018 State

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 14, 2022

Auditor report was for the City to explore the sale of its water system.

San Gabriel Valley Water Company currently provides management of the water system, through an agreement with the City. Staff has noted that the water system requires significant capital investments. While the system operates with a slight annual surplus – operating revenue matching or exceeding operating expenses – there is a lack of reserves necessary to invest in infrastructure upgrades.

The City determined that it was in the best interests of the community and customers to pursue the sale of the water system. With assistance from the passage of Assembly Bill 2339 (Gipson, September 28, 2018), which amended Government Code Section 37422, Montebello was authorized to sell their water system, subject to various requirements. The March, 25, 2020 agenda report attached to this report provides background on AB 2339 as well as additional historical and operational information on the sale of the water system (Attachment A).

The sale proceeded after the action taken on March 25, 2020, with escrow opening in October 2020 and various hearings set with the California Public Utilities Commission (PUC) – as required by law. Decisions by the Administrative Law judge – based on the letter of the law as it existed at the time – required a subsequent amendment to Government Code, which was accomplished by passage of Assembly Bill 850, sponsored by Assemblymember Gallagher. A more complete treatment of the history of the water sale – including decisions by the PUC – can be found in the official decision attached (Attachment B).

In short, on December 1, 2022 the PUC authorized the sale of the City’s water system to the San Gabriel Valley Water Company. This item is being presented as a receive and file to memorialize the authorization of the sale and to provide an update to the City Council and the community.

Staff have been working closely with SGVWC personnel throughout the sale process. There are final documents which must be executed related to title. In addition, there are some right of way/encroachment actions which must be worked out administratively between the City and SGVWC.

Staff will continue to provide updates to the City Council on the close of the sale and when proceeds will be available.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 14, 2022

To receive and file this update on the sale of hte City's water system to SGVWC.

ATTACHMENT(S)

1. Attachment A - Staff Report, Water Sale-Purchase - Item 18, March 25, 2020

2. Attachment B - Approval of Montebello Acquisition of Water System PUC Decision

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ITEM #18

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and Members of the City Council

FROM: René Bobadilla, City Manager

BY: Danilo Batson, Director of Public Works

SUBJECT: Resolution Pursuant to California Government Code Section 37422 Setting a Date for a Public Hearing for the Sale of the City of Montebello Water System(s) and Related Assets

DATE: March 25, 2020

RECOMMENDATION:

It is recommended that the City Council:

1) Adopt a Resolution pursuant to Goverenment Code Section 37422 setting a date for a Public Hearing for the Sa le of the City of Montebello Water System (s) and Related Assests for the regular meeting scheduled on May 27, 2020 at 6:30 PM;

2) Direct staff to prepare and publish the Resolution as required by Government Code Section 37422; and

3) Direct staff to prepare and mail a notice of the sale to customers of the Water System(s).

BACKGROUND

On September 28, 2018, the Governor signed Assembly Bill 2339 – Gipson (A-B-2339), which authorized the cities of El Monte, Montebello and Willows to sell their municipal water systems by Jaunary 1, 2022, subject to the following requirements:

(1) The legislative body of the city shall not sell the water utility property for less than its fair market value, as defined in Section 1263.320 of the Code of Civil Procedure.

(2) The legislative body of the city shall not sell the water utility property without a four-fifths vote of the city’s legislative body.

(3) There are at least two water suppliers that provide drinking water to residents in the city prior to the sale.

CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 25, 2020

CONSIDER ADOPTING A RESOLUTION OF THE CITY COUNICL OF THE CITY OF

MONTEBELLO, CALIFORNIA, PURSUANT TO CALIFORN IA GOVERNMENT CODE SECTION 37422 SETTIN G A DATE FOR A PUBLI C HEARING FOR THE SA LE OF

THE CITY OF MONTEBELLO WATER SYSTEM(S) AND RELATED ASSETS

(4) The city has deferred necessary maintenance for aging or failing water infrastructure of public water systems operated by the public utility. The necessity of the maintenance shall be demonstrated by a study conducted by an independent third party that evaluates performance of the system applying American Water Works Association standards or other equivalent standards.

(5) The receiving water system’s service area borders the service area of the subsumed water system.

(6) The subsumed water system’s customers shall not pay water rates different from customers already r eceiving service from the receiving water system.

Consolidation of the water systems shall be economically feasible for the ratepayers of the subsumed water system. Ratepayers of the subsumed water system shall be notified of the applicable rate that will be in effect during the first year after consolidation has been completed. Any rate increases following the sale of a public utility for furnishing water service shall be phased in over time.

(7) Consolidation of the water systems is technically and economically feasible.

(8) (A) The legislative body of the city shall not sell its public utility for furnishing water service unless it considers oral and written protests at its second regularly scheduled meeting following the adoption of a resolution pursua nt to Sections 37422 and publication pursuant to subparagraph (B). In addition to the requirements of Section 37422, the resolution shall allow 45 days for hearing protests to the sale and shall state the city’s intended use of the sale proceeds.

Notice of the sale may be given by including notice in the agency’s regular billing statement. One written protest per parcel, filed by an owner or tenant of the parcel, shall be counted in calculating a protest. The city shall maintain all written protests for a minimum of two years following the date of the hearing to consider written protests.

On July 10, 2019, after obtaining offers from three (3) interested purchasers, the City Council approved the sale of the City of Montebello Water System(s) and Related Assets to San Gabriel Valley Water for the amount of $15,857,000, plus a 10-year lease of water rights for an additional $1,950,000*.

*Estimated 10-year lease of water rights

CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 25, 2020

CONSIDER ADOPTING A RESOLUTION OF THE CITY COUNICL OF THE CITY OF

MONTEBELLO, CALIFORNIA, PURSUANT TO CALIFORN IA GOVERNMENT CODE SECTION 37422 SETTIN G A DATE FOR A PUBLI C HEARING FOR THE SA LE OF

THE CITY OF MONTEBELLO WATER SYSTEM(S) AND RELATED ASSETS

ANALYSIS

The proposed Resoultion complies with all the aforementioned requirements and as such it is recommended for consideration and adoption. Additionally, attached are the following documents:

1) AB 2339 legislation
2) Map of the water purveyors in the City of Montebello, including the City’s 3) The independent third party performance and maintenance evaluation report

The City is in receipt of the independent third party performance analysis of the City’s Water System(s). The analysis was completed by Stetson Engineers, Inc. and the final report submitted to the City on March 18, 2020. The report estimates that the 10-year Capital Improvement Project for the Water System is $25,600,000. If the City elects to keep operating the system, with an estimated 1,500 customers, it will need to increase customer’s monthly fees by approximately $142.00 per month for 10 years, not including the monthly water usage and meter fee currently charged to customers.

FISCAL IMPACTS:

At this time the only fiscal impact to the City is the cost to prepare, publish and mail the notices and Resolution. It is recommended that these costs be funded by the Water Fund in Account No. 605-99-6040.10 (Outside Contracts).

For the sale proceeds, staff is recommendeing the following one-time projects/expenses (not listed in any order of priority):

 Infrastructure Improvements – streets, sidewalks sewer, storm drains, etc.  Buidling Improvements – roof, ADA. HVAC - lighting improvements to city buildings, etc.
 Park Improvements – upgrades/repairs to playgrounds, walk ays, parking lots, irrigation, lighting, etc.
 Landscape Improvements – refurbishment of medians and landscape at city buildings, including plant materials, efficient irrigation system, entry monuments, etc.
 Purchase or replacement of vehic les – police, fire, public works and parks vehicles.
 City Council Chambe r Audio/Visual Improvements – upgrade/installation of a new audi/video equipement and software.
 Tree Planting or Reforestation Citywide – enhance or increase planting of parkway trees thoroughout the City.

CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 25, 2020

CONSIDER ADOPTING A RESOLUTION OF THE CITY COUNICL OF THE CITY OF

MONTEBELLO, CALIFORNIA, PURSUANT TO CALIFORN IA GOVERNMENT CODE SECTION 37422 SETTIN G A DATE FOR A PUBLI C HEARING FOR THE SA LE OF

THE CITY OF MONTEBELLO WATER SYSTEM(S) AND RELATED ASSETS

 Water Fund Debt – repay the General Fund for past subsidies and loans to the Water Fund, such as the loan from Central Basin to retrofit the Golf Course to recycled water.
 Golf Course Improvements – installing a driving range barrier/ fence to appropritate height and upgrading the driving range itself to increase use and revenues.

SUMMARY:

The City Council will consider:

1) Adopting a Resolution pursuant to Goverenment Code Section 37422 setting a date for a Public Hearing for the Sale of the City of Montebello Water System(s) and Related Assests for the regular meeting scheduled on May 27, 2020 at 6:30 PM,

2) Directing staff to prepare and publish the Resolution as req uired by Government Code Section 37422,

3) Directing staff to prepare and mail a notice of the sale to customers of the Water System(s)

ATTACHMENTS:

Resolution
Assembly Bill 2339 – Gipson, approved by the Governor on Sept. 28, 2018 Montebello Water Purveyors Map
Water System Performance and Maintenance Evaluation Report

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ALJ/ABT/nd3 Date of Issuance 12/5/2022

Decision 22-12-002 December 1, 2022

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of SAN GABRIEL

VALLEY WATER COMPANY
(U337W) for an Order Authorizing the
Purchase of the City of Montebello’s
Water System Assets and related
Approvals.

Application 20-10-004

DECISION AUTHORIZING SAN GABRIEL VALLEY WATER COMPANY’S PURCHASE OF THE CITY OF MONTEBELLO’S WATER SYSTEM ASSETS

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TABLE OF CONTENTS
Section Page

DECISION AUTHORIZING SAN GABRIEL VALLEY WATER
COMPANY’S PURCHASE OF THE CITY OF MONTEBELLO’S WATER
SYSTEM ASSETS ..............................................................................................................1 Summary ............................................................................................................................2

1. Background ................................................................................................................2

1.1. Procedural Background ..................................................................................2

1.2. San Gabriel Valley Water Company .............................................................5

1.3. Montebello’s Water System ............................................................................5

1.4. California State Auditor’s Report ..................................................................6

2. Issues Before the Commission .................................................................................6

3. Applicable Legal Framework ..................................................................................7

3.1. Section 10061 and Gov. Code Section 37420.5(a), as Modified by AB 850 ................................................................................................................7

3.2. Section 2718 et seq. ...........................................................................................7

3.3. Section 851 et seq. .............................................................................................8

3.4. Ratepayer Indifference Standard vs. Tangible Ratepayer Benefit Standard ............................................................................................................9

4. Burden of Proof ........................................................................................................10

5. Discussion .................................................................................................................11

5.1. The Proposed Acquisition Complies with Statutory
Requirements of Gov. Code Section 37420.5, as Amended .....................11

5.2. The Proposed Acquisition is in the Public Interest ...................................11

5.2.1. Section 2718 et seq. Considerations ................................................12

5.2.2. Section 851 et seq. Considerations ..................................................12

5.2.3. Public Interest Analysis ...................................................................14

5.3. Acquisition Price Constitutes Fair Market Value .....................................21

5.4. Acquisition Price and Ratemaking Treatment ..........................................25

5.4.1. Updating Asset Ages to 2022 ..........................................................26

5.4.2. Disallowing Additional Service Lives for Fully
Depreciated Assets ...........................................................................26

5.4.3. Veteran’s Tract ..................................................................................27

5.4.4. Bluff Road Well .................................................................................29

5.5. Ratemaking Treatment of Lease of Montebello’s Water Rights .............30

5.6. The Proposed Increased Rates To Be Charged to the Ratepayers Are Just and Reasonable ...............................................................................31

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5.7. San Gabriel is Financially Qualified to Acquire Montebello’s Water System Assets .....................................................................................32

5.8. San Gabriel is Qualified to Operate the Montebello Water Service .......33

6. Environmental and Safety Matters .......................................................................33

6.1. California Environmental Quality Act Review Is Not Required for This Transaction .......................................................................................33

6.2. The Proposed Acquisition Aligns With the Commission’s Environmental and Social Justice (ESJ) Action Plan ................................34

6.3. Safety ...............................................................................................................36

7. Conclusion ................................................................................................................37

8. Comments on Proposed Decision .........................................................................37

9. Assignment of Proceeding .....................................................................................38 Findings of Fact ...............................................................................................................38 Conclusions of Law ........................................................................................................42 ORDER .............................................................................................................................43

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DECISION AUTHORIZING SAN GABRIEL VALLEY WATER COMPANY’S PURCHASE OF THE CITY OF MONTEBELLO’S WATER SYSTEM ASSETS

Summary
This decision authorizes San Gabriel Valley Water Company (San Gabriel) to purchase the City of Montebello’s water system assets for the purchase price of $15,857,000 and authorizes $15,367,356 to be included in rate base. To arrive at this rate base amount, we started with the fair market value of $15,857,000 and deducted $206,203 (for fully depreciated assets), $203,441 (for the Veteran’s Tract pipelines), and $80,000 (for the Bluff Road Well that ceased to be used and useful). We will review the ratemaking treatment of the water rights lease as part of San Gabriel’s future general rate cases.

This proceeding is closed.

1. Background

1.1. Procedural Background
On October 2, 2020, San Gabriel Valley Water Company (San Gabriel) (U337W) filed Application (A.) 20-10-004 (Application) pursuant to Public Utilities (Pub. Util.) Code Sections 2718-2720.1 The Application seeks a California Public Utilities Commission (Commission) order authorizing San Gabriel to purchase, and City of Montebello (Montebello) to sell, Montebello’s water system and associated assets (Proposed Acquisition) per the terms of the Agreement for Purchase and Sale of Water System Assets and Lease of Water Rights between San Gabriel and Montebello dated September 29, 2020 (Purchase Agreement).2 The Application also requests that the Commission:
 Approve the Purchase Agreement;

1 All statutory references are to the Public Utilities Code, unless otherwise noted. 2 Attachment 1 to the Application.

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 Authorize expansion of San Gabriel’s certificate of public convenience and necessity (CPCN) for its Los Angeles
(L.A.) County division to include current Montebello water service customers who are not already located within the boundaries of the existing L.A. County division;
 Establish the rate base for the Proposed Acquisition to be the full purchase price of $15,857,000;
 Authorize incorporation of the established rate base for the Proposed Acquisition in San Gabriel’s next general rate case (GRC); and
 Find that it is just and reasonable to charge customers of the acquired Montebello water service the rates and
charges for water utility service that are currently in effect for all L.A. County division customers at the time of
closing of the Proposed Acquisition.

On November 16, 2020, the Public Advocates Office of the California Public Utilities Commission (Cal Advocates) filed a protest. San Gabriel filed a reply on November 25, 2020.

A prehearing conference was held on December 8, 2020, during which the parties agreed on procedural matters and the substantive and ratemaking issues to be scoped into the proceeding. However, parties disagreed on whether compliance with Section 10061 and Government (Gov.) Code Section 37420.5 should be in the scope and subject to threshold legal briefing.

The assigned Administrative Law Judge (ALJ) issued a ruling on December 11, 2020, directing the filing of briefs on statutory compliance. On December 23, 2020, Montebello filed a motion for party status, which was granted via ALJ Ruling on January 4, 2021.

On January 14, 2021, parties filed opening briefs on compliance with statutory requirements. Parties filed reply briefs on January 28, 2021. The assigned Commissioner issued a Scoping Memo and Ruling on June 16, 2021

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(Scoping Ruling), setting forth the issues, need for hearing, schedule, category, and other matters.

On July 2, 2021, the assigned ALJ issued a proposed decision denying San Gabriel’s Application. The denial was based on Gov. Code Section 37420.5(a), which required the water system assets being proposed for acquisition be wholly within the boundaries of Montebello.

On October 8, 2021, Governor Gavin Newsom signed Assembly Bill (AB) 850 (Gallagher, Stats. 2021, Ch. 705). This bill amended Gov. Code Section 37420.5(a) to remove the prior requirement that Montebello’s water system assets be wholly within the boundaries of Montebello to qualify for the treatment established by that code section.

On October 12, 2021, given the change to Gov. Code Section 37420.5(a), the ALJ withdrew the proposed decision and issued a ruling with a revised schedule to resolve the outstanding issues. Based on that new schedule, Cal Advocates served prepared direct testimony in January 2022, and San Gabriel and Montebello served prepared rebuttal testimony in February 2022. The Commission held status conferences on February 22, 2022, and March 1, 2022.

The Commission held evidentiary hearings on March 2, 2022, and March 3, 2022.

On March 18, 2022, the assigned Commissioner issued a First Amendment to the Scoping Ruling, which extended the statutory deadline and resolution date to December 30, 2022. Parties filed concurrent opening briefs on April 11, 2022, and filed concurrent reply briefs on April 25, 2022.

On September 27, 2022, an ALJ Ruling was issued, indicating that no additional information was needed and that the matter was submitted.

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1.2. San Gabriel Valley Water Company
San Gabriel is a California corporation and a Class A public utility water company engaged in the business of producing, treating, storing, distributing, and selling water to approximately 97,300 customers in two operating divisions (the L.A. County division and the Fontana Water Company division) in portions of L.A. and San Bernardino counties, subject to the Commission’s jurisdiction.3 San Gabriel holds a CPCN (U337W),4 which established San Gabriel’s right to serve most of the northern part of Montebello, including approximately 1,600 of San Gabriel’s own L.A. County division customers. Additionally, approximately 650 of Montebello’s 1,650 municipal water system customers who are the subject of the Proposed Acquisition are already located within San Gabriel’s currently authorized CPCN area.5

1.3. Montebello’s Water System
Montebello’s water system is a publicly-owned, municipal water system largely located within Montebello’s boundaries but also serving approximately 125 non-residential customers located in the cities of Commerce and Rosemead.

The water system provides service to approximately 1,650 customers, approximately 650 of which are already located within the boundaries of San Gabriel’s existing L.A. County division service area. The water system has been operating at a significant deficit since at least 2007, due to “increased costs of imported water, operations, maintenance, and necessary capital improvements.”6

3 Application at 10.
4 D.60381 issued on July 12, 1960.
5 Application at 10 and Attachment 3 to the Application. 6 Application at 9.

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Under an operating agreement, San Gabriel’s L.A. County division employees have operated Montebello’s water system since 2013.

1.4. California State Auditor’s Report
In 2018, the California State Auditor conducted an audit of Montebello as part of its High-Risk Local Government Agency audit program. In its final report to the Governor and legislative leaders, the State Auditor concluded that Montebello is a high-risk local government agency and recommended, among other things, that Montebello sell its water system to address its risks in a reasonable amount of time.7

2. Issues Before the Commission
The Scoping Ruling identified the following issues:

1. Whether the Proposed Acquisition complies with statutory requirements, including Section 10061 and Gov. Code
Section 37420.5;

2. Whether the Proposed Acquisition will be in the public interest;

3. What is the appropriate rate base value for the acquired water system and how to appropriately calculate that
value;

4. Whether the proposed rates to be charged to former
Montebello water service customers are just and
reasonable;

5. Whether San Gabriel is financially qualified to acquire Montebello’s water service assets; and

6. Whether San Gabriel is qualified to operate Montebello’s water service.

7 California State Auditor, Report 2018-802 at 1.

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3. Applicable Legal Framework
San Gabriel filed this Application seeking Commission authorization to purchase Montebello’s water system assets, and other related approvals. The applicable legal framework is set forth below.

3.1. Section 10061 and Gov. Code
Section 37420.5(a), as Modified by AB 850
Prior to selling municipal water systems, Section 10061 required any municipality seeking to do so to first hold a special election. As of October 8, 2021, Gov. Code Section 37420.5(a), as modified by AB 850, permits the Cities of El Monte, Montebello, and Willows to sell their water systems without first holding such special elections, so long as they first determine “that it is uneconomical and not in the public interest to own and operate the public utility for furnishing water service, subject to all of the following requirements . . . .”8

3.2. Section 2718 et seq.

The Public Water System Investment and Consolidation Act of 1997 (Consolidation Act), codified as Sections 2718-2720, sought to achieve economies of scale in public water systems, given the increasing amounts of capital required to finance necessary investments. The Consolidation Act sets forth compelling public policies favoring consolidation of small, struggling water systems where scale economies are achievable.

Section 2720(a) also incentivizes water corporations to acquire other water systems by setting the fair market value of the acquired system as the standard when establishing rate base. Section 2720(a) states that “fair market value” shall have the same meaning as set forth in Code of Civil Procedure (Civ. Proc.)

8 Gov. Code § 37420.5(a), as modified by AB 850.

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Section 1263.320, which provides two possible pathways for the determination of fair market value in acquisitions. The first, Code of Civ. Proc. Section 1263.320(a), defines fair market value as the highest price agreed upon by a willing buyer and willing seller. The second, Code of Civ. Proc. Section 1263.320(b), applies in special circumstances like utilities and provides for a “just and equitable” valuation in cases where no relevant, comparable market exists; however, if “the fair market value exceeds reproduction cost,” Section 2720(b) allows for the inclusion in rate base of an acquisition premium if “the commission . . . finds that the additional amounts are fair and reasonable.”
Here, the Proposed Acquisition is governed by Section 2720(a), as Section 2720(b) only becomes applicable when the fair market value exceeds reproduction cost, which, based on the evidence, is not the case.

3.3. Section 851 et seq.

Section 851, in relevant part, requires Commission approval before a public utility may sell the whole or any part of its property or rights “necessary or useful in the performance of its duties to the public.” The Commission has long interpreted Section 851 et seq. to prohibit acquisitions, mergers, and transfers of control unless the Commission finds the proposed transaction is in the public interest.9
Section 854(a) requires Commission authorization before any person or corporation may acquire or merge with any public utility. Section 854 also sets forth the required findings and required factors the Commission must consider in evaluating whether a proposed transaction is in the public interest.

9 We acknowledge that while the letter of Section 851 et. seq. may not explicitly apply to sales of municipal water utilities, the Commission has consistently considered the public interest factors addressed in these statutes for guidance in acquisitions by water utilities under our jurisdiction. (See Decision (D.) 16-11-014 at 10.)

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In addition, public interest considerations are at the center of all water utility acquisition proceedings filed under Sections 2718-2720, such as this Application. Accordingly, this decision will weigh pertinent public interest considerations, including those set forth in Section 851 et seq., as we have done in our similar water acquisition reviews.

3.4. Ratepayer Indifference Standard vs.

Tangible Ratepayer Benefit Standard
In weighing whether a proposed transaction is in the public interest, the Commission has used both the ratepayer indifference standard (i.e., a showing that no negative effects result from the change of control) and tangible ratepayer benefit standard (i.e., a showing that the transaction offers ratepayers some tangible and equitable share of the benefits).

In D.00-05-047, the Commission approved the purchase under the ratepayer indifference standard.10 In D.01-09-057, the Commission applying the ratepayer benefit standard concluded that, for an acquisition subject to Section 272011 to be in the public interest under Section 851 and Section 854(a), it must offer ratepayers an equitable share of the benefits the transaction will generate.12
In both decisions, the Commission noted that although the public interest considerations listed in Section 854(b) and Section 854(c) may not by their terms

10 D.00-09-042, which denied rehearing of D.00-05-047, concluded that D.00-05-047, although expressly relying only on ratepayer indifference, also satisfied the more stringent ratepayer benefit standard by finding definite, quantifiable benefits flowing from the purchase. The dissent stated that approvals for transfers of utility property under Section 851 et seq. should include a finding of ratepayer benefit.
11 Section 2720 is part of the Consolidation Act, which sets out a procedure for establishing rates at fair market value following the completion and approval of an acquisition of a public water system by a regulated water utility.
12 D.01-09-057, Conclusion of Law (COL) 8.

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apply to water utilities, the Commission still may and does consider the extent to which the factors set forth in those sections bear on the public interest as they may inform the Commission’s deliberations on how to strike the public interest balance.13
Here, the parties disagree as to the applicable standard. San Gabriel argues that no standard is necessary, while Cal Advocates argues in favor of applying the higher bar of “tangible ratepayer benefit.”
We are guided by the legislatively declared public interests as set forth in the Consolidation Act, and, in keeping with the majority of prior Commission decisions considering public water utility transactions, we apply the ratepayer indifference standard to the Proposed Acquisition. As applied, ratepayer indifference standard means that while the transaction need not meet every requirement from Sections 854(b)-(c), the factors when weighed should demonstrate that there are no negative impacts to ratepayers affected by the transfer of control.14

4. Burden of Proof
This is a ratesetting proceeding.15 As such, the evidentiary standard is preponderance of the evidence.16 Preponderance of the evidence is defined “in terms of probability of truth, e.g., ‘such evidence, when weighed with that opposed to it, has more convincing force and the greater probability of truth.’”17 As the applicant, San Gabriel bears the burden of proof.

13 Id. at COL 9.
14 Id. at 51-52. (See also D.11-12-007 at 6-7.)
15 Resolution ALJ 176-3473 and Scoping Ruling.
16 See D.16-12-063 at 9, citing D.12-12-030 at 44.
17 D.12-12-030 at 42, aff'd D.15-07-044 at 28-30.

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5. Discussion
Below we discuss the six issues set forth in the Scoping Ruling.

5.1. The Proposed Acquisition Complies with
Statutory Requirements of Gov. Code
Section 37420.5, as Amended
When San Gabriel filed the Application, Section 10061 required any municipality seeking to sell its water system to first hold a special election. On October 8, 2021, Gov. Code Section 37420.5(a) was amended to permit Montebello and other specified cities to sell their water systems without first holding these special elections.18 Now, for Montebello to sell its water system, it only has to determine “that it is uneconomical and not in the public interest to own and operate the public utility for furnishing water service, subject to all of the following requirements . . . .”19
Here, the Montebello City Council adopted Resolution No. 20-68 on August 26, 2020, which made the findings required under Gov. Code Section 37420.5, as modified by AB 850. Thus, we find that Montebello complied with Gov. Code Section 37420.5, as modified.

5.2. The Proposed Acquisition is in the Public
Interest
As discussed below, we review and weigh the competing public interest factors relevant to the Proposed Acquisition under Section 2718 et seq. and Section 851 et seq., and we find the Proposed Acquisition is in the public interest.

18 On October 12, 2021, the assigned ALJ issued a ruling that, in part, gave parties an opportunity to raise any potential issues concerning the recent change in the law. No party filed a brief.
19 Gov. Code § 37420.5(a), as modified by AB 850.

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5.2.1. Section 2718 et seq. Considerations
To begin our review, we first look to Section 2718 et seq., the Consolidation Act,20 which sets forth clear and compelling public policies that encourage consolidation of small, struggling water systems where scale economies are achievable, as follows:
(a) Public water systems are faced with the need to replace or upgrade the public water system infrastructure to meet
increasingly stringent state and federal safe drinking
water laws and regulations governing fire flow standards for public fire protection;
(b) Increasing amounts of capital are required to finance the necessary investment in public water system
infrastructure;
(c) Scale economies are achievable in the operation of public water systems; and
(d) Providing water corporations with an incentive to achieve these scale economies will provide benefits to ratepayers.

Here, we cannot ignore these strong public interest policies favoring consolidations.

5.2.2. Section 851 et seq. Considerations
With that backdrop, and consistent with historic practices of reviewing sales and acquisitions of water utilities,21 we also look to Section 851 et seq. public interest considerations for additional discretionary guidance in our review of the Proposed Acquisition. As discussed above in Section 3.4. of this decision, the

20 San Gabriel suggests that the Commission may lack “authority to assess the reasonableness of the purchase price in a case such as the present one, where the acquired water system is that of a municipal water system not within the Commission’s jurisdiction and where the sale of assets therefore is not subject to Section 851.” (Joint Reply Brief at 8.) We will not address that issue here. That issue was not briefed and is not part of the Scoping Ruling. 21 D.16-11-014 at 10.

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Commission may, but need not, consider the extent to which the factors set forth in Sections 854(b)-(c) bear on the public interest.22 Thus, under Section 854(b) public interest considerations, we may consider:
(1) Short and long-term economic benefits to ratepayers; (2) Equitable distribution of those total benefits between shareholders and ratepayers (i.e., not less than 50 percent to ratepayers); and
(3) No adverse impact on competition.

We may also weigh the following Section 854(c) public interest considerations as to whether the Proposed Acquisition will:
(1) Maintain or improve the financial condition of the
resulting public utility doing business in the state;
(2) Maintain or improve the quality of service to public utility ratepayers in the state;
(3) Maintain or improve the quality of management of the resulting public utility doing business in the state;
(4) Be fair and reasonable to affected public utility
employees, including both union and nonunion
employees;
(5) Be fair and reasonable to the majority of all affected public utility shareholders;
(6) Be beneficial on an overall basis to state and local economies, and to the communities in the area served by the resulting public utility;
(7) Preserve the jurisdiction of the commission and the capacity of the commission to effectively regulate and
audit public utility operations in the state; or
(8) Provide mitigation measures to prevent significant
adverse consequences that may result.

22 D.01-09-057, COL 9.

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The above public interest considerations reflect a mix of interests:
ratepayer interests, shareholder interests, public utility employee interests, as well as local and statewide community interests. As indicated above, while the transaction need not meet every requirement of Sections 854(b)-(c), the factors when weighed should demonstrate that there are no negative impacts to ratepayers affected by the transfer of control.23

5.2.3. Public Interest Analysis
Below, we examine and weigh these public interest considerations and apply the ratepayer indifference standard, which, as discussed in Section 3.4 and Section 5.2.2. of this decision, requires San Gabriel to demonstrate to the Commission that, on balance, the Proposed Acquisition will not harm or otherwise have an adverse impact to the ratepayers.

Here, the State of California has recognized that small communities, like the community served by Montebello’s water system, likely face difficulty in maintaining adequate water systems.24 Adding to the urgency, the California State Auditor concluded that Montebello is a high-risk local government agency and recommended, among other things, that Montebello sell its water system to address its risks in a reasonable amount of time.25
On March 18, 2020, Stetson Engineers, Inc. completed an independent third-party performance and maintenance evaluation report for Montebello (Stetson Report) per Gov. Code Section 37420.5(a)(4).26 The Stetson Report finds that, if Montebello performed the needed capital improvements to Montebello’s

23 D.01-09-057 at 51-52. (See also D.11-12-007 at 6-7.) 24 State Water Resources Control Board Resolution No. 2008-0048. 25 California State Auditor, Report 2018-802 at 1.
26 Attachment 7 to the Application.

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water system, it will cost Montebello a total of $25.6 million in capital improvements recommended over the next 10 years. If Montebello performed these capital improvements at an average of $2.56 million per year for 10 years, it would cost the average Montebello customer an estimated additional $142 per month, on top of the current average monthly bill of $67.89, over the next 10 years.

In comparison, San Gabriel’s engineering department also separately prepared its own 10-year capital improvement plan, estimating that if Montebello retains municipal ownership and if San Gabriel performed the needed capital improvements to Montebello’s water system, it would cost San Gabriel a total of $12.1 million in capital improvements recommended over the next 10 years.27 If San Gabriel performed these capital improvements at an average of $1.21 million per year for 10 years, it would cost each Montebello water service customer an estimated additional $67 per month, on top of the current average monthly bill of $67.89, over the next 10 years. Even an increase of $67 per month (as opposed to $142 per month), is nearly double the average monthly bill and is a high price to pay for the sake of retaining municipal ownership. If Montebello retains municipal ownership, it is apparent that Montebello’s water system — with its small customer base and no prospects for significant customer growth — will not be able to provide safe and reliable water service going forward at costs Montebello residents could reasonably afford.28 On the other hand, if the Proposed Acquisition was approved and San Gabriel acquired Montebello’s water system, San Gabriel would spread that

27 Attachment 8 to the Application.
28 Application at 17 and Attachment 7 to the Application.

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same 10-year capital improvement plan cost ($12.1 million, or $1.21 million per year) over all of its approximately 51,000 customers (served in the region by San Gabriel and Montebello). Assuming such budgeted improvements were in addition to the L.A. County division’s existing capital budget, San Gabriel states that the resulting rates would increase by an average of only $1.27 per customer per month, over the next 10 years.29
Upon consolidation, San Gabriel points out that even with the anticipated rate increases described above, current Montebello customers will have a reasonable and fiscally feasible pathway to much needed infrastructure capital improvements, safe and reliable drinking water, and many other significant benefits. For instance, current Montebello customers who qualify for San Gabriel’s low-income rate assistance program will experience an estimated decrease in their monthly bills of $5.11, or 7.5 percent.30 Montebello water service customers will also gain access to conservation programs offered by San Gabriel, including conservation kits, K-12 education, gardening workshops, irrigation controller and nozzle retrofit programs, high-efficiency toilet distribution programs, commercial and industrial water audits, and recycled water retrofits.31 In addition, Montebello customers are currently billed bi-monthly; but after the Proposed Acquisition transaction, these customers will be billed monthly, a more convenient alternative that promotes conservation and affordability.32 Thus, current Montebello customers would benefit from the Proposed Acquisition.

29 Application at 18.
30 Id. at 7.
31 Id. at 20.
32 Ibid.

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Current San Gabriel customers will also benefit from the Proposed Acquisition. For example, under the terms of the Purchase Agreement, San Gabriel will lease water pumping rights from Montebello at an initial rate of $450 per acre feet.33 Over the 10-year life of the lease, San Gabriel estimates that it will realize total net savings in water production costs in the L.A. County division of approximately $1.7 million.34
According to San Gabriel’s 2018 L.A. County division Master Plan Update, the two L.A. County division pressure zones that are located within Montebello and directly adjacent to Montebello’s water system currently have combined water storage deficit of 10.5 million gallons.35 But with the water lease as part of the Proposed Acquisition, San Gabriel’s current customers can benefit by utilizing Montebello’s reservoirs to provide approximately 5.6 million gallons of much needed additional storage capacity; this helps meet the combined water system needs for operational, emergency and fire flow requirements.36 In San Gabriel’s 2019 GRC, San Gabriel proposed two storage-related capital projects totaling $11.5 million.37 San Gabriel abandoned these two proposed storage-related capital projects because following San Gabriel’s acquisition of Montebello’s water system, San Gabriel will be able to utilize Montebello’s reservoirs to provide approximately 5.6 million gallons of much needed additional storage capacity.

33 This includes annual increases equal to the percentage change in the Full Service Untreated Volumetric Cost of water charged by the Metropolitan Water District of Southern California. 34 Attachment 9 to the Application.
35 Attachment 10 to the Application.
36 Application at 23.
37 Id. at 24.

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Thus, the Proposed Acquisition is a win-win from a public interest perspective because current San Gabriel customers will get the additional storage that they need, San Gabriel will not need to build additional storage projects at a cost of $11.5 million, and current Montebello water customers will also benefit for all the reasons discussed above.

Cal Advocates argues that San Gabriel does not need that additional water storage.38 Cal Advocates points out that San Gabriel already complies with the Commission’s General Order (GO) 103-A, which requires utilities to meet fire flow requirements.39 Cal Advocates also points out that if a disaster “interrupts the supply of all wells at Plant No. 8, the combined pressure zones would still have 18,500 gallon per minute (GPM) remaining from other wells.40 Accordingly, Cal Advocates argues that San Gabriel can meet the maximum daily demand requirement of 18,142 GPM, as well as other demands such as fire flow demands.

Based on this, Cal Advocates argues that the Commission should find that San Gabriel’s L.A. Division does not need the Montebello water system’s reservoirs.

We are not persuaded by Cal Advocates’ argument regarding the reservoirs. Instead, we are persuaded by the rebuttal testimony from witness DiPrimio, who testified that because of the lack of groundwater wells in the vicinity of Montebello:
. . . the water storage reservoirs are the only source of supply in this area. . . . Without sufficient storage capacity, San Gabriel would risk its water system running dry during days of high water usage, wildfires, and other emergencies

38 Cal Advocates Opening Brief at 2 and 17.
39 GO 103-A; see also Ex. Cal Advocates-1.
40 Ex. Cal Advocates-1 at 41:7-13.

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that require water to be distributed during both planned and unplanned water system outages.41
While the precise extent of the need is unclear, witness DiPrimio’s testimony is persuasive and clearly demonstrates water system risks “during days of high water usage, wildfires, and other emergencies” that must be anticipated and that the additional water storage and well will help to provide an “instantaneous flow rate whenever needed for fire suppression for an extended period of time over the entire duration of the fire.”42 That convinces us that planning for the additional water storage is prudent and in the public interest.

In the context of our public interest analysis here and irrespective of whether and how much San Gabriel needs the additional storage, there is no harm or adverse impact associated with San Gabriel’s L.A. Division access to the Montebello reservoirs and the additional water storage.

While the transaction need not meet every requirement of Sections 854(b)-(c), we will briefly list a few additional factors that, when weighed, demonstrate that there are no negative impacts to ratepayers resulting from the Proposed Acquisition. As indicated above, the Proposed Acquisition would result in short and long-term economic benefits to ratepayers, in the form of cost savings and more affordable alternatives. There is no evidence — and Cal Advocates does not argue — that the Proposed Acquisition would adversely impact competition. Montebello’s water system is struggling, while San Gabriel is financially qualified to operate Montebello’s water system; thus, the Proposed Acquisition would improve the financial condition of the resulting public utility

41 DiPrimio Rebuttal at 9.
42 Ibid.

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doing business in the state. Because San Gabriel will bring economies of scale, internal expertise, access to resources, and greater knowledge and experience, it will help maintain the highest standards of water quality and improve infrastructure development, will improve the quality of service to public utility ratepayers in the state, and will maintain or improve the quality of management of the resulting public utility doing business in the state. There is no evidence — and Cal Advocates does not argue — that the Proposed Acquisition would be unfair or unreasonable to affected public utility employees or to the majority of all affected public utility shareholders. The Proposed Acquisition would be beneficial on an overall basis to state and local economies, and to the communities in the area served by the resulting public utility. The Proposed Acquisition also preserves the jurisdiction of the Commission and the capacity of the Commission to effectively regulate and audit public utility operations in the state. Lastly, because San Gabriel would still be under Commission jurisdiction and would require ongoing GRC authorizations for ongoing matters, such as the water lease, the Proposed Acquisition provides mitigation measures to prevent significant adverse consequences that may result.

To be clear, Cal Advocates does not dispute San Gabriel’s contention that this Proposed Acquisition is in the public interest. Specifically, Cal Advocates does not oppose the Proposed Acquisition, “as long as the purchase price paid by ratepayers is reasonable.”43 Cal Advocates admits that Montebello’s water system has been a drain on Montebello’s budget for years, and that Montebello lacks the funds to make the required infrastructure repairs.44

43 Cal Advocates Opening Brief at 2.
44 Ibid.