Montebello City Council
February 13, 2023

CITY OF MONTEBELLO

ADJOURNED CITY COUNCIL AND PUBLIC FINANCING AUTHORITY JOINT MEETING

MONDAY, FEBRUARY 13, 2023 AT 6:00 PM

TELECONFERENCE LOCATION FOR
COUNCILMEMBER JIMENEZ:
645 S. 6TH STREET
MONTEBELLO, CA 90640

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

CITY COUNCIL/PUBLIC FINANCING AUTHORITY
David N. Torres, Mayor/Chairperson
Scarlet Peralta, Mayor Pro Tem/Vice Chairperson
Angie M. Jimenez, Councilmember/Member
Salvador Melendez, Councilmember/Member
Georgina Tamayo, Councilmember/Member

CITY MANAGER/EXECUTIVE

DIRECTOR
René Bobadilla

CITY TREASURER
David Matanga

CITY ATTORNEY/AUTHORITY

COUNSEL
Arnold M. Alvarez-Glasman

CITY CLERK/SECRETARY OF AUTHORITY
Christopher Jimenez

DEPARTMENT HEADS
Assistant City Manager
Fire Chief
Police Chief
Director of Finance
Director of Human Resources
Director of Planning/Community Development
Director of Public Works
Director of Recreation and Community Services
Director of Transportation
Director of Public Affairs and Technology
Arlene Salazar
Fernando Pelaez
Paul Espinosa
Michael Solorza
Nicholas Razo
Joseph Palombi
James Enriquez
David Sosnowski
Adrianna Kendricks
Michael Chee

February 13, 2023: Adjourned City Council and Public Financing Authority Meeting

NOTICES
COVID-19 NOTICE: The City Council rescinded the Declaration of the Local Emergency and the continuation of teleconferencing open meetings pursuant to AB 361 by adopting Resolution No. 22-21 on Wednesday, April 13, 2022. This City Council/Public Financing Authority Joint Regular Meeting ("Council"/"PFA") will be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California. The meeting will be live streamed and can be watched on the City’s website and YouTube Channel via the following link:
https://www.montebelloca.gov, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1437 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 72 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室

RULES OF DECORUM:

As Established by Ordinance 2443, adopted on October 27, 2021: Signs, placards, banners, horns, noise-making devices, or other similar items shall not be permitted in the audience during a Public Meeting if the presence of such item disturbs, disrupts or otherwise impedes the orderly conduct of the meeting. All persons attending a public meeting shall remain seated in the seats provided, unless addressing the body at the podium or entering or leaving the meeting.

No member of the audience shall willfully interrupt the orderly conduct at the meeting, this includes clapping or otherwise speaking from their seats. The presiding officer shall direct the removal of any individual whose willful interruption renders infeasible the orderly conduct of the meeting. In the event the removal of the individual or individuals willfully interrupting the meeting does not restore order, the presiding officer may order the meeting room cleared and continue in session. Speakers shall not engage in willful conduct which interrupts the meeting or interferes with the orderly conduct of the meeting. Any person who becomes boisterous while addressing the Council/PFA or who otherwise disrupts the orderly conduct of the Council/PFA’s business shall be subject to removal from the Chambers after being admonished by the presiding officer.

PUBLIC COMMENTS:

In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council/PFA meetings, you may address the City Council/PFA in person the day of the meeting. Speakers will be required to fill out a speaker card provided at the door and turn it into the Deputy City Clerk prior to each Public Comment announcement period. Staff will number and call each speaker card in the order received.

There will be no Closed Session; therefore, Regular Session will begin at 6:00 p.m.

Via Email: The public may also submit emailed comments via the City’s email address:
[email protected], up until the day of the meeting, Monday, February 13, 2023 by 3:00 p.m.

These comments will be submitted to all members of the City Council/PFA and may not be read aloud but will be entered into the record of the proceedings to the extent they relate to matters listed on the posted agenda or otherwise address matters/issues within the subject matter jurisdiction of the City Council/PFA. Any requests to provide public comment which is submitted after the deadlines indicated above will not be submitted to the City Council/PFA, with the exception of non-agenda written item comments which will be held over for the next regularly scheduled meeting.

AGENDA MATERIALS: The agenda and/or agenda packet are available for public inspection at City’s website at: Agendas, Minutes, and Videos.

February 13, 2023: Adjourned City Council and Public Financing Authority Meeting

IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS

THANK YOU FOR YOUR COOPERATION

OPENING CEREMONIES

CALL TO ORDER

ROLL CALL

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

INVOCATION

PLEDGE OF ALLEGIANCE

CORRECTIONS TO THE AGENDA CITY MANAGER

CEREMONIAL/PRESENTATIONS

1. BLACK HISTORY MONTH

2. AMERICAN HEART MONTH

PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS (30 MINUTES) At this time, the general public may address the City Council/PFA on both non-agenda and agenda items. Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council/PFA from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

REGULAR BUSINESS

3. FISCAL YEAR 2022-23 SECOND QUARTER BUDGET REPORT

RECOMMENDATION: It is recommended that the City Council:

1. Receive and file this agenda report and the presentation on the Fiscal Year 2022-23 Second Quarter Budget report; and

2. Amend the budget by increasing appropriations by the listed amounts in the various accounts listed on Attachment B; and

3. Update the Table of Organization/Master Position Control for the Human Resources and Transit Departments (Attachment C); and

4. Take whatever additional actions necessary.

4. REVIEW OF CITY COUNCIL APPLICATIONS RECEIVED AND CONSIDERATION OF APPOINTMENT FOR TWO AT-LARGE CITY COUNCIL SEATS WITH AN ENDING TERM OF NOVEMBER 12, 2024

RECOMMENDATION: It is recommended that the City Council:

February 13, 2023: Adjourned City Council and Public Financing Authority Meeting

1. Review and evaluate applications received by residents interested in being appointed to the vacant at- large City Council seats; and

2. Receive comments from applicants; and

3. Designate those to be appointed to the vacant City Council seats for a two-year period; and

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

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a Councilmember wishes to discuss should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any ordinance.

5. ADOPTION OF RESOLUTION NO. 23-07 OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO CONDEMNING AZERBAIJAN’S ILLEGAL BLOCKADE OF NAGORNO-KARABAKH (ARTSAKH)

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-07 condemning Azerbaijan’s blockade of Nagorno-Kharabakh (Artsakh); and

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

6. ADOPT RESOLUTION NO. 23-13 APPROVING THE APPLICATION FOR SPECIFIED GRANT FUNDS FOR

THE MONTEBELLO DOWNTOWN SEWER INFRASTRUCTURE IMPROVEMENT PROJECT

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-13 approving the application for grant funding for the Montebello Downtown Sewer Infrastructure Improvement Project; and

2. Authorize the City Manager to execute the financial assistance agreements and any other related documents in a final form approved by the City Attorney; and

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

7. ADOPT RESOLUTION NO. 23-11 ACCEPTING CERTAIN ROADS AND STREETS INTO THE CITY STREET SYSTEM AND RESOLUTION NO. 23-10 NAMING A CERTAIN PUBLIC STREET AND ROAD “TOPGOLF WAY” AND FINDING SUCH ACTIONS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-11 accepting certain roads and streets into the City Street System, and finding such action exempt from the California Environmental Quality Act (“CEQA”); and

2. Adopt Resolution No. 23-10 naming a certain public street and road “Topgolf Way”; and

3. Authorize the City Manager to execute certificates and any other related documents to consummate the acceptance of said streets or roads, including naming, in a form approved by the City Attorney; and

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

8. BEACH STREET PAVEMENT AND STORM DRAIN REHABILITATION PROJECT (CP NO. 883) - NOTICE OF

COMPLETION

RECOMMENDATION: It is recommended that the City Council:

1. Accept the Beach Street Pavement and Storm Drain Rehabilitation Project (CP No. 883) as completed by Gentry Brothers Inc.; and

2. Find that the requested “Changes in Work” for the project (Attachment A) have no significant effect on the environment and approve changes in the aggregate amount of $40,088; the final contract amount with Gentry Brothers, Inc. is $1,441,636; and

3. Approve the Final Total Project Budget (Attachment B); and

4. Authorize the City Clerk to file the Notice of Completion with the Los Angeles County Recorder (Attachment C); and

February 13, 2023: Adjourned City Council and Public Financing Authority Meeting

5. Authorize the City Manager to release the retention payment due to Gentry Brothers, Inc. following the mandatory waiting period from the date of Notice of completion is recorded; and

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

9. AUTHORIZE THE CITY MANAGER TO EXECUTE THE EXCHANGE AGREEMENT NO. 4071 WITH LA METRO

OF FEDERAL SURFACE TRANSPORTATION PROGRAM-LOCAL AND HIGHWAY INFRASTRUCTURE

PROGRAMS FUNDS

RECOMMENDATION: It is recommended that the City Council:

1. Authorize the City Manager to execute the Exchange Agreement and Assignment of Federal Surface Transportation Program-Local and Highway Infrastructure Programs Funds; and

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

10. WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 2461 AMENDING THE GENERAL PLAN AND ZONING DESIGNATION (CASE NO. “PC-2022-0004-GPA-ZC-SPR”) FOR THE PROPERTY LOCATED AT 844 SOUTH GREENWOOD AVENUE TO ALLOW THE CONSTRUCTION OF TWELVE (12) RESIDENTIAL

DWELLING UNITS

RECOMMENDATION: It is recommended that the City Council:

1. Waive Second Reading and Adopt Ordinance No. 2461 approving a General Plan Amendment (“GPA”) and Zone Change (“ZC”) (Case No. PC-2022-0004-GPA-ZC-SPR) for the property located at 844 S.

Greenwood Avenue (“Project Site”); and

2. FIND and DETERMINE the GPA and ZC to be statutorily exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) considering that CEQA only applies to projects which have the potential for causing a significant effect on the environment; and

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

11. ADOPT RESOLUTION NO. 23-12, DECLARATION OF SURPLUS LAND FOR CITY-OWNED PROPERTY LOCATED AT 612 W. WHITTIER BOULEVARD, MONTEBELLO, CALIFORNIA 90640

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-12 declaring City-owned property located at 612 W. Whittier Boulevard, Montebello, California surplus land pursuant to Government Code Section 54221(b)(1); and

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

12. AUTHORIZATION TO SUBMIT AN APPLICATION FOR THE CLEAN CALIFORNIA LOCAL GRANT

PROGRAM

RECOMMENDATION: It is recommended that the City Council:

1. Authorize the submission of an application to the Clean California Local Grant Program; and

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

13. AUTHORIZATION TO SUBMIT AN APPLICATION FOR THE LA84 FOUNDATION SUMMER SPLASH GRANT

PROGRAM

RECOMMENDATION: It is recommended that the City Council:

1. Authorize the Recreation and Community Services Department's submission of an application for the LA84 Foundation Summer Splash Grant Program on behalf of the City of Montebello; and

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

14. APPROVAL OF BUREAU OF JUSTICE ASSISTANCE (BJA), PATRICK LEAHY BULLETPROOF VEST

PARTNERSHIP (BVP) SOLICITATION FUNDS UTILIZATION

February 13, 2023: Adjourned City Council and Public Financing Authority Meeting

RECOMMENDATION: It is recommended that the City Council:

1. Approve the use of grant funding awarded to the Police Department by the Bureau of Justice Assistance (BJA), Patrick Leahy Bulletproof Vest Partnership (BVP) solicitation funds utilization, in the amount of $21,628.49; and

2. Amend the Fiscal Year 2022-23 budget and increase appropriations by $21,628, in grant Account No. 265-8003-6010.60 (Grants, Bulletproof Vest Grant, Personal Protective Equipment [expenditures]) and Account No. 265-99-4198.84 (Grants, Bulletproof Vest Grant [revenue]); and

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

15. TREASURER'S REPORT FOR THE QUARTER ENDING DECEMBER 31, 2022

RECOMMENDATION: It is recommended that the City Council:

1. Receive and file the Quarterly Treasurer’s Report for the quarter ending December 31, 2022 (Second Quarter).

16. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-09 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED FEBRUARY 13, 2023

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-09 approving the Warrant Register dated February 13, 2023.

17. APPROVAL OF MINUTES: NOVEMBER 16, 2022 CITY COUNCIL, SUCCESSOR AGENCY, AND PUBLIC

FINANCING AUTHORITY JOINT REGULAR MEETING

RECOMMENDATION: It is recommended that the City Council:

1. Approve said minutes as is.

18. WAIVE SECOND READING AND ADOPT ORDINANCE NO. 2451 AMENDING SECTION 2.08.050 OF THE

MONTEBELLO MUNICIPAL CODE TO REPEAL THE PROVISION ESTABLISHING A TEMPORARY SEVEN

MEMBER CITY COUNCIL TO CAUSE THE CITY COUNCIL TO REMAIN A FIVE MEMBER BODY

RECOMMENDATION: It is recommended that the City Council:

1. Waive the Second Reading and adopt Ordinance No. 2451 repealing that portion of the Montebello Municipal Code section 2.08.050(G) that established a temporary 7-member City Council resulting in the City Council remaining a 5-member body.

AB 1234 TRAVEL REPORTS
Members of the City Council will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).

COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports. • Georgina Tamayo, Councilmember

1. For District 1 residents - open seats for the Parks & Recreation Commission, Planning Commission, and Youth and Education Commission. Please download an application on the City of Montebello’s website at:
https://www.montebelloca.gov/departments/administration/city_clerks_office/commissions_and_com mittees and submit completed applications to the City Clerk's office no later by Wednesday, February 8, 2023 by 5:30 p.m.

February 13, 2023: Adjourned City Council and Public Financing Authority Meeting

• Angie M. Jimenez, Councilmember
• David N. Torres, Mayor

1. Request for Council consensus 1) directing staff to prepare a community survey exploring the effects of COVID in Montebello; and 2) allocating American Rescue Plan Act (ARPA) funds to address the most pressing needs as identified by survey respondents.

2. Request for Council consensus reaffirming our commitment to report, on a quarterly basis, the metrics of our Montebello Community Assistance Program (MCAP).

3. Request for Council consensus to explore conducting a study through local colleges on the mental and behavioral health issues within Montebello.

4. Community announcement on commission vacancies available to District 4 residents.

5. Community announcement for, and well-wishes to, the Montebello-Commerce Youth in Government delegation participating in the 75th Model Legislature and Court in Sacramento February 10-13.

6. Montebello-Commerce YMCA Youth in Government Delegation Bill Presentation.

• Scarlet Peralta, Mayor Pro Tem
• Salvador Melendez, Councilmember

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on February 22, 2023 at 5:00 p.m. which can be live streamed at https://www.montebelloca.gov (Click on Live Stream).

I, Alicia Fernandez, Senior Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Thursday, February 9, 2023 no later than 6:00 p.m.

Alicia Fernandez, Senior Deputy City Clerk

ITEM # 3

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: FISCAL YEAR 2022-23 SECOND QUARTER BUDGET REPORT

DATE: February 13, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Receive and file this agenda report and the presentation on the Fiscal Year 2022- 23 Second Quarter Budget report; and

2. Amend the budget by increasing appropriations by the listed amounts in the various accounts listed on Attachment B; and

3. Update the Table of Organization/Master Position Control for the Human Resources and Transit Departments (Attachment C); and

4. Take whatever additional actions necessary.

FISCAL IMPACT:

The Fiscal Year 2022-23 budget was adopted on June 8, 2022. Since adoption, changes (amendments) to the budget have been made. In addition, there are now seven months of revenue and expenditure results that allow trends to be analyzed and an updated budget forecast to be presented (i.e., actual results through January 31). In addition, presentation of quarterly budget reports on a regular basis shows good financial stewardship and promotes transparency.

The Second Quarter Budget report focuses on the General Fund, and provides updated expenditure and revenue projections for the fiscal year. A brief discussion of the two enterprise funds which record the activity of the City-owned hotels (Hilton Garden Inn and Home2Suites) is part of this report as well.

The General Fund budget was adopted with a $695,700 surplus: revenue of $68,685,800 forecasted higher than expenditures of $67,990,100. Since adoption in June, the budget has been amended – through formal City Council action as well as the “roll-over” of

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

encumbrances from the prior fiscal year. Furthermore, in the ensuing seven months since budget adoption, additional spending data is available to guide department expenditure projections and new information is available on revenue trends.

The updated expenditure and revenue projections for the General Fund are presented in the table below, as well as the adopted and amended budgets for FY 2022-23.

The projected surplus for FY 2022-23 has increased to $917,112. This amount accounts for additional revenue above the adopted budget, from new sources as well as updated forecasts, as well as increased expenditures due to changed spending patterns and new expenses not accounted for in the adopted budget. More detail is presented below explaining these changes, and Attachment A provides greater historical data for both revenue and expenditures.

The chart below provides historical context, plotting actual and budgeted General Fund revenue and expenditures from FY 2016-17 to the second quarter of FY 2022-23:

The surplus in FY 2021-22 and the one forecast for the current fiscal year continues a positive trend where projected revenue exceeds forecasted expenditures. Having a General Fund surplus helps build available reserves, placing the City on stronger financial footing as fund balance (i.e., reserves) grows as a percentage of operating revenue.

The paragraphs below present a more detailed discussion of the changes based on 2nd Quarter actuals and their impact on the forecast for fiscal year end. In addition, a detailed discussion of the requested budget amendments (Attachment B) can be found in the "Expenditures" section.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

BACKGROUND/DISCUSSION:

N/A

ENVIRONMENTAL:

N/A

ANALYSIS:

When the FY 2022-23 budget was adopted on June 8, 2022, revenue and expenditure forecasts were based on April and May information, tempered and informed by prior year and historical data. The closing of the books for FY 2021-22 provided additional, unaudited insight into revenue and expenditure performance. That information along with additional data (i.e., actuals) from July, 2022 – January, 2023 allows an updated forecast for fiscal year-end to be presented.

Revenue
Overall, General Fund revenue is projected to be $2,186,750 higher than the adopted budget ($70.873 million vs. $68.686 million). This increase represents the net impact of changes to revenue accounts across the General Fund. The chart and table below present high-level overviews of General Fund revenue – by totals and major revenue category, with FY 2021-22 unaudited amounts included, while Attachment A provides further detail.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

The largest positive change (in dollars) comes in the Sales Tax category, showing an increase of $839,100 over the adopted budget, accounting for 38.4% of the total revenue increase of $2,186,750 (i.e., projected vs. adopted budget). The pandemic wreaked havoc with the economy and society the past three years, but retail activity has improved in recent quarters. All three categories of sales tax continue to perform positively: 1% Bradley Burns, Measure H, and Monterey Park Marketplace.

The table below presents FY 2020-21 and FY 2021-22 actuals and FY 2022-23 budget and updated 2nd Quarter projections for all three sales tax sources:

The dollar increases in sales tax projections equates to a 3.3% overall increase (versus the adopted budget), with Bradley Burns and Measure H sources increasing approximately 2.7% and 3.9% (respectively) over the budgeted amounts. Comparing second quarter forecasted amounts versus FY 2021-22 actuals, overall sales tax (all three categories) is up 2.3%. Staff has conferred with its sales tax consultant (HdL Companies) and feel confident in these updated estimates. Moreover, HdL has indicated that when implementing a new Transaction and Use Tax, it can take one to two years for retailers to fully understand and remit the proper amounts. Heading into the third full year of Measure H, current trends appear more accurate than at this point in prior fiscal years.

Data shows that Measure H consistently trends at approximately 66% of the Bradley Burns total.

Property tax shows a slight increase of $208,600 (1.4%) when compared to the adopted budget. The largest increase is the “secured property tax” category, with the updated 2nd Quarter projection $107,400 over budget. The majority of secured property tax is received in two tranches: December and April. The ability to utilize December property tax receipts to update the forecast provides a clearer picture of where property tax receipts should end the fiscal year. The amount of Public Safety Augmentation Fund (PSAF)/Proposition 172 and Pass Through revenue is also projected to be higher.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

The $220,100 increase in the Franchise Taxes category is the net positive impact of the new commercial organic waste charge, and accounts for 10.1% of the total increase in revenue projected for FY 2022-23. The City will receive eleven months of revenue from this charge in FY 2022-23, with the fee first charged starting August 2022. Subsequent quarterly updates will utilize actuals to more accurately project revenue from this source.

However, this is a new and continuing stream of revenue that will positively impact the General Fund going forward.

The increase of $438,000 in the Licenses and Permits category is due to improved performance across the various “building permit” categories: plumbing, electrical, mechanical, etc. This updated forecast accounts for 20.0% of the total increase to General Fund revenue for FY 2022-23. As with last fiscal year, there are some relatively large, one-time permits issued related to the Montebello Hills development. These larger permits are not typical, and staff does not build budgets around the totals that include these one-time permits. However, they do help with annual revenue and the General Fund benefits from that activity. As with the FY 2022-23 budget, the FY 2023-24 revenue budget for this category will be built utilizing “typical” annual revenue totals.

There is an additional source of new (continuing) revenue to the General Fund in the Charges for Services category: fees related to new digital billboards. The City Council recently approved development agreements (November 9, 2022) that will net the City $50,000 annually in on-going revenue. In addition, the City will receive a one¬time incentive fee totaling $150,000 from the development agreements. Both of these new revenue streams are included in the FY 2022-23 forecast, and contribute to the increase of $262,550 in the Charges for Services revenue category – accounting for 12.0% of the total increase in projected revenue.

The Other Revenue category is projected to increase $352,400 over the budget. The majority of this increase ($300,000), is from reimbursement of overtime for the City providing Student Resource Officers (SROs) to the Montebello Unified School District (MUSD). The City Council approved this cooperative agreement in August, 2022, and the City is reimbursed for the overtime expenditures related to this agreement. The intent of the reimbursement is to be cost neutral, hence a similar increase will be seen in the overtime expenditures of the Police Department.

The additional $2.187 million in General Fund revenue projected for FY 2022-23 is a positive sign of the recovering economy, improved City operations, addition of new ongoing and one-time sources of revenue and other related changes.

Expenditures
General Fund expenditures are projected to be $69,955,438 for FY 2022-23. This $1.965 million increase (2.9%) over the adopted budget takes into account budget amendments approved by the City Council since July, encumbrance rollovers from the prior year, and updated forecasts for various line-item expense categories. The amended budget total is $70,073,085, a $2,082,985 increase over the adopted budget. Approximately $1.3 million of this increase to the adopted budget is from encumbrance roll-overs (open purchase orders) in the Public Works (sewer repairs), Community Development (general plan

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

update), Police (body worn cameras) and Fire (battalion command vehicles) Departments.

The table below shows – by Department/operational area –the adopted and amended budgets for FY 2022-23, as well as the updated projections based on actuals through January. Overall, some departments’ expenses are trending higher than the amended budget (e.g., Fire, Parks and Recreation), while others are trending under the amended budget (e.g., Community Development, Police, Public Works):

The attached budget amendments (Attachment B), address these budget needs, requesting additional appropriations in Public Works (Engineering), Parks and Recreation and Fire. There is a $3,145,024 budget amendment required to utilize Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) towards the citywide information technology security, network, storage and productivity project that is currently underway. As noted in prior reports and communication to the City Council, the entire CSLFRF award amount of $16.59 million was booked as “unrecognized” revenue, per required accounting procedures. As the revenue is used (i.e., expended), it is “recognized” in the appropriate fund and account The budget adjustment in Attachment B recognizes $3.145 million in CSLFRF revenue and applies it towards year to date expenses in the capital project fund created to track the information technology project expenses (Fund 325).

There is also a $350,000 budget adjustment required to provide appropriations for the payment of a settlement agreement (recorded in the Non-Departmental account of the General Fund). The total settlement agreement is for $700,000, and the second payment of $350,000 will be made in July, 2023 (FY 2023-24).

A $15,450,000 budget amendment is required to appropriate the Lease Revenue Bond Series 2022A funds for the Golf Course renovation project. While the Series 2022A transaction closed in October 2022, the bond funds still need to be formally appropriated. Work has begun on the golf course renovation project, and expenses related to Phase 1 and the early stages of Phase 2 have been recorded. In order to pay invoices to vendors related to the work completed, as well as appropriate funds for the life of the project, the budget must be amended. The project's revenue and expenditures are recorded in a separate capital improvement fund (Fund 310), hence there is no impact to the General Fund.

The following paragraphs provide additional explanation of the other budget adjustments

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

contained in Attachment B, as well as discussion of the variances from the amended budget.

The majority of the $616,670 variance (projected savings) in Public Works is comprised of the overall net savings in regular (full-time) salary savings across all divisions (vacancies in budgeted positions), accounting for approximately $472,000 in savings (i.e., projections under amended budget). There is a budget amendment needed in Public Works as well, for $429,000 (Attachment B). This amount is what the City was required to remit to CalTrans after conclusion of an incurred cost audit in 2021. The findings from the audit revealed that the City’s prior engineering vendor improperly charged certain costs to a CalTrans grant funded project. The City was required to re-pay these funds, and the expense has been recorded in the General Fund, Engineering Division (Account No. 100-30-330-7050). The audit findings and required reimbursement payment to CalTrans were summarized in an agenda report presented to the City Council in June, 2022.

The Police Department is projecting to come in under budget by $499,724 (2.5% savings compared with the amended budget). While there are increases in overtime in the Patrol and Communication Divisions, this is offset by savings in regular salaries (full-time) in the Patrol, Traffic, Investigative Services and Communications Divisions. There are vacancies across the department – in both sworn and non-sworn personnel – and efforts are being made to recruit and retain both safety and non-safety personnel. Recent City Council action approving hiring and referral bonuses for both Police Officer and Dispatcher positions should help the Department in filling vacancies. The projected budget overages will be covered by shifting appropriations from certain full-time salary and maintenance and operations accounts. Per the budget adoption resolution, this can be handled administratively since total appropriations are not being increased.

Parks and Recreation is projecting an additional $471,807 in expenses, primarily in part- time wages. As the City expands its offerings of special events and maintains City Hall screening/lobby staffing, part-time salary expenses are trending higher than budgeted in Parks and Recreation. The adopted budget did not anticipate a “full-time” presence in the City Hall lobby, necessary to abide by pandemic restrictions as well as to provide better customer service to those doing business at City Hall. There are recommended budget adjustments across the Department (Attachment B) to address these particular expenditure areas. Specifically, $203,000 is required to cover additional part-time wages and overtime related to expanded special events and additional (new) special events managed by the Parks and Recreation Department. Related to these additional/expanded events, an additional $225,000 is needed in supplies and contract services.

The Fire Department is currently trending to have an additional $895,940 in expenses versus the amended budget (a 5.2% increase). There are a few primary causes for this:
regular (full-time) salaries for MCAP staff are currently being charged to the General Fund, overtime in the Suppression and Prevention Divisions are trending higher (vacancies in full-time positions), building repairs/upgrades to the EOC that were not included in the adopted budget, and the Communications Division filled a vacant position

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

sooner than anticipated. Approximately 76% of the additional expenses are related to full-time salaries and constant staffing overtime ($679,000). The additional expenses in constant staffing overtime are directly attributable to vacancies in the Firefighter ranks. In order to maintain required staffing of each unit, additional overtime is necessary. The City Council recently approved hiring and referral bonuses (similar to those approved for the Police Department) in an effort to improve recruitment efforts to help with filling vacancies.

In Administration/Elected, the $254,915 in additional projected expenses is from additional legal expenses (City Attorney), printing and postal expenses for the quarterly City newsletter, legislative advocacy services, and software that monitors the City’s social media presence and provides useful analytics that help guide the City’s marketing efforts and messaging. In addition, the Los Angeles County Registrar has provided an updated estimate of General Election costs (November 2022) that are $25,000 higher than the adopted budget.

The 2nd Quarter expenditure forecast is $117,647 less than the amended budget amount, and includes the additional expenses described in the paragraphs above.

Increasing appropriations as requested in Attachment B will align projected expenses with the amended budget, as well as provide appropriations for the Golf Course Renovation Project and account for progress in upgrading the City's information technology infrastructure. Staff will continue monitoring expenses, and provide updates throughout the budget development process. This mid-year report provides a baseline for developing the FY 2023-24 budget, providing updated expenditure and revenue forecasts that will better inform next year’s proposed budget.

Table of Organization
Another recommended action is to update the Master Position Control by adding three (3.0) full-time equivalent (FTE) positions in Human Resources and adding and reducing various positions in Transit, which leads to no net increase in total FTE (Attachment C) in that department. The table below summarizes these changes, with an explanation following:

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

The proposal is to add one (1.0) Human Resources Manager and two (2.0) Human Resources Analysts in Human Resources. As the City improves and professionalizes its Human Resources function, it is necessary to add these positions that will focus on employee benefits administration. Recent experience with implementing improved and updated MOUs for nine of the ten employee associations showed the need for increased personnel in Human Resources dedicated to MOU management, interpretation and implementation.

In Transit, several changes are being made that will result in no net gain in total FTE in the department. As the City evaluates its current classification system, Departments are realizing the need to make adjustments to how staff are deployed. Specifically, Transit is reducing Transit Dispatch Supervisor from 15.0 to 13.0 FTE, increasing Fleet Services supervisor from 1.0 to 2.0 FTE, eliminating a Grants and Project Administrator and Senior Procurement Analyst (both positions are vacant) and increasing Senior Management Analyst and Management Analyst by 2.0 and 1.0 FTE respectively, increasing Body Shop Mechanic and Storekeeper by 1.0 FTE each and reducing Administrative Assistant by

2.0 FTE (both positions are vacant). These changes result in no net increase to total FTE in Transit.

Hilton Garden Inn and Home2Suites (Revenue and Expenditures) The City’s two hotels have revenue and expenditure activity recorded in separate Enterprise Funds (Fund 620 for Hilton Garden Inn and Fund 625 for Home2Suites).

These are separate and independent from each other, and also distinct from any Golf Course or Quiet Cannon operations (which have revenue and expenditures recorded in a separate fund, Fund 610).

To that end, it is useful to present second quarter results for both hotels and provide a comparison to second quarter results from prior fiscal years. The table below shows FY 2019-20 through FY 2022-23 second quarter results – revenue and expenditures – for each hotel, with full year FY 2021¬-22 actuals presented for comparison:

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

For both hotels, it should be noted that the second quarter results in FY 2020-21 reflect the negative impact of the pandemic. For the Hilton Garden Inn, that facility was closed for approximately six months (March – September, 2020) in order to complete a full renovation. The following fiscal year shows the positive impacts from a gradual return to normal occupancy for both hotels.

The Hilton Garden Inn performed well in FY 2021-22, showing a recovery from prior years when occupancy was negatively impacted by the pandemic. The hotel’s FY 2021-22 unaudited results show $5,359,743 in revenue against $5,088,671 in expenses, for a $271,072 surplus. For the current fiscal year, revenue has picked up markedly from the same point one year ago. Year to date revenues (July – December, 2022) are $3,237,703 versus $2,865,003 in expenditures, showing a $372,700 year to date surplus.

Expenditures for the current year are also up versus last year. But this is due to the hotel being open, requiring increased staff, supplies and related expenses.

The Home2Suites hotel performed very well last fiscal year, ending with a $2,280,370 surplus ($12,062,484 million in revenue against $9,782,114 million in expenditures).

Revenue for the current fiscal year is up when compared to the prior year: $6,616,903 vs. $5,894,249. Expenditures are trending lower in the current fiscal year: $3,735,449 versus $4,574,434. Looking at year-to-date results, Home2Suites has a $2.881 million surplus, through December, 2022.

The continuing economic recovery, especially in the leisure and travel industries as the pandemic’s negative impacts lessen, will have a positive impact on the City’s hotels, allowing for the return to pre-pandemic travel patterns and an increase in occupancy rates and room revenue. Moreover, looking medium-term, completion of the golf course renovation and opening of Topgolf will positively impact the hotels. Staff will continue monitoring the City’s hotels and reporting their performance on a quarterly basis.

SUMMARY:

This Second Quarter Budget Report provides an overview of General Fund revenue and expenditure performance based on the first seven months of FY 2022-23 (July – January). The General Fund is projected to have a $917,112 surplus (revenue over expenditures) for FY 2022-23 ($70,872,550 in revenue versus $69,955,438 in expenditures).

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

An amendment to the Table of Organization is being proposed, adding positions in Human Resources and making changes to several position counts in Transit (which lead to no net gain in total number of employees in Transit). There are also several budget amendments required to align the budget with year-to-date and projected expenses (Attachment B).

This budget “check-in” is an opportunity to update revenue and expenditure forecasts based on prior and current year actuals and serves as the jumping off point for FY 2023- 24 budget planning and development. City Council is being asked to receive and file this report and presentation, as well as approve amending the FY 2022-23 budget as outlined in Attachment B and explained in the paragraphs above and update the Master Position Control (Attachment C).

ATTACHMENT(S)

1. Attachment A - General Fund Expenditure Summary, FY 22_23, 2nd Quarter

2. Attachment A - General Fund Revenue Summary, FY 22_23, 2nd Quarter

3. Attachment B - Budget Amendments, FY 22_23, 2nd Quarter

4. Attachment C - Master Position Control, FY 22_23, 2nd Quarter Update

NEXT STEPS:

N/A

General Fund Expenditure Summary - by Department/Functional Area ATTACHMENT A Fiscal Years 2016-17 - 2022-23
Actuals, Budget and Forecasted
2016-17 Actual 2017-18 Actual 2018-19 Actual 2019-20 Actual 2020-21
Adopted
Budget 2020-21 Actual
2021-22

ADOPTED
Budget
2021-22
Actuals*
2022-23

ADOPTED
BUDGET
2022-23

AMENDED
BUDGET
2nd QTR

PROJECTED
Variance -
Budget v
2nd Qtr
Elected / Administration 1,443,318 1,696,595 2,609,361 2,392,931 2,184,400 2,473,138 2,354,400 2,700,356 2,736,200 2,766,200 3,021,115 254,915 Community Development 1,770,851 1,637,830 2,029,591 1,612,140 2,140,800 1,752,274 2,489,820 2,370,064 2,602,450 2,998,672 2,711,583 (287,089) Finance / Non-Departmental 6,352,462 5,164,206 4,335,054 6,852,611 4,567,800 14,113,482 5,129,100 8,164,162 5,807,400 6,480,127 6,102,463 (377,664) Fire 12,542,175 12,472,672 12,901,041 15,114,996 13,690,200 15,310,306 15,814,270 15,300,038 16,887,400 17,243,017 18,138,957 895,940 Human Resources - Information Tech 1,087,205 803,431 866,145 1,239,180 1,312,200 1,742,602 1,928,000 2,019,760 2,298,300 2,360,719 2,401,558 40,839 Parks and Recreation 3,137,144 3,212,671 3,322,872 4,472,874 4,467,100 5,078,363 5,361,550 5,992,388 3,140,600 3,149,896 3,621,703 471,807 Police 19,518,540 19,217,922 18,214,825 19,223,841 18,989,500 18,916,427 18,818,950 18,820,788 19,611,000 19,795,731 19,296,007 (499,724) Public Works 8,054,815 8,160,100 8,056,232 8,865,983 8,329,500 9,998,328 9,512,600 10,791,312 14,906,750 15,278,723 14,662,053 (616,670) 53,906,510 52,365,427 52,335,121 59,774,556 55,681,500 69,384,920 61,408,690 66,158,868 67,990,100 70,073,085 69,955,438 (117,647) *FY 21-22 actuals are unaudited amounts

General Fund Revenue Summary - by Major Category ATTACHMENT A Fiscal Years 2016-17 - 2022-23
Actuals, Budget and Forecasted
FY 16-17
ACTUAL
FY 17-18
ACTUAL
FY 18-19
ACTUAL
FY 19-20

ADOPTED
FY 19-20
ACTUAL
FY 20-21

ADOPTED
FY 20-21
ACTUAL
FY 21-22

ADOPTED
FY 21-22
ACTUAL*
FY 22-23

ADOPTED
2ND QTR

PROJECTED
Variance -
Budget v 2nd
Qtr
SALES TAX 13,267,373 13,118,981 14,031,972 13,146,732 12,817,884 18,241,000 22,270,247 20,765,000 25,378,979 25,126,900 25,966,000 839,100 PROPERTY TAX 11,042,346 11,359,512 12,191,977 12,740,406 12,701,368 13,026,000 13,714,582 14,293,100 14,195,130 14,875,000 15,083,600 208,600 OTHER TAXES 553,462 585,960 614,485 658,200 533,005 599,000 476,959 610,000 631,085 625,000 600,000 (25,000) FRANCHISE TAXES 1,493,956 2,141,450 2,224,087 2,315,185 2,199,916 2,272,000 2,316,221 2,163,000 2,300,508 2,445,000 2,665,100 220,100 LICENSES AND PERMITS 4,186,912 4,452,210 6,215,378 5,132,840 4,776,531 4,872,800 5,769,484 5,942,000 7,683,271 6,468,000 6,906,000 438,000 FINES AND FORFEITURES 2,251,384 2,185,022 2,165,922 2,023,694 2,186,401 2,600,000 2,301,787 2,250,000 2,499,502 2,920,000 2,810,000 (110,000) INVESTMENT INCOME 991,127 1,215,614 679,437 402,706 367,133 350,000 421,312 575,000 193,103 274,000 275,000 1,000 INTERGOVERNMENTAL 2,239 6,493 11,003 11,762 10,160 5,500 1,096,273 7,500 6,311,327 12,000 12,000 - CHARGES FOR SERVICE 6,569,905 6,451,686 6,662,699 6,919,770 6,066,829 7,020,300 6,105,784 7,291,850 7,758,585 7,945,800 8,208,350 262,550 OTHER REVENUE (2,317) (10,760) 211,746 - 259,247 384,000 1,640,198 882,500 887,100 982,000 1,334,400 352,400 Sub-total Operating Revenue 40,356,387 41,506,168 45,008,70 6 43,351,29 5 41,918,47 4 49,370,600 56,112,847 54,779,950 67,838,590 61,673,700 63,860,450 2,186,750 - - - - - - - - - - - - TRANSFERS IN 14,645,170 12,257,328 6,758,437 5,888,806 3,987,540 4,300,000 3,570,002 4,100,000 3,637,348 4,100,000 4,100,000 - PROCEEDS FROM CAPITAL LEASE 591,423 9,725 1,547,962 - 815,153 - 5,785,000 - - - - - ADMINISTRATIVE OVERHEAD 1,700,004 1,887,113 1,886,402 2,106,117 1,883,090 2,030,500 2,054,000 2,839,200 2,835,525 2,912,100 2,912,100 - Sub-total NON-Operating Revenue 16,936,597 14,154,16 6 10,192,801 7,994,923 6,685,783 6,330,500 11,409,002 6,939,200 6,472,873 7,012,100 7,012,100 - TOTAL GENERAL FUND REVENUE 57,292,984 55,660,33 4 55,201,507 51,346,218 48,604,257 55,701,100 67,521,849 61,719,150 74,311,463 68,685,800 70,872,550 2,186,750 *FY 21-22 actuals are unaudited amounts

Budget Adjustments ATTACHMENT B
2nd Quarter Budget Update, as of 01/2023

DEPARTMENT

ACCOUNT TO

AMEND (INCREASE)
BUDGET

AMENDMENT

AMOUNT NOTES / REASON FOR BUDGET AMENDMENT
Non-Departmental 100-99-6036 350,000 Settlement Payment Non-Departmental 100-99-4023.10 3,145,024 Recognize CSLFRF revenue for Information Technology u pgrade project; increase revenue budget
Non-Departmental 100-99-7000.85 3,145,024 Recognize CSLFRF revenue for Information Technology up grade project/transfer out to Fund 325; increase Transfer Out, net effect is zero with increase to revenue account (-4023.10) Information Technology Upgrades 325-99-4999.30 3,145,024 Recognize CSLFRF revenue for Information Technology u pgrade project/transfer in from General Fund; increase Transfer In revenue, offset YTD expenses related to IT project Golf Course Renovation Project 310-30-302-7055 15,450,000 Appropriate Lease Revenue Bond Series 2022A funds to pa y for Golf Course renovation project Public Works - Engineering 100-30-330-7050 429,000 Payment to Caltrans per incurred cost audit (see 0 6/2022 City Council action); required to reimburse grant fund for disallowed expenses
Parks and Recreation - Administration 100-70-700-5000.10 142,000 Additional full-time salaries, Recreation Manager Parks and Recreation - Administration 100-70-700-5000.30 17,000 Additional part-time salaries; City Hall lobby staffing Parks and Recreation - Administration 100-70-700-6040.10 50,000 Required maintenance and related engineering stu dies Parks and Recreation - Recreation 100-70-710-5000.20 84,000 Additional part-time salaries; new and expanded special events Parks and Recreation - Recreation 100-70-710-5000.30 58,000 Additional part-time salaries; new and expanded special events Parks and Recreation - Recreation 100-70-710-5010.10 13,000 Additional overtime for full-time staff; new and expanded special events Parks and Recreation - Recreation 100-70-710-5010.20 14,000 Additional overtime for part-time staff; new and expanded special events Parks and Recreation - Recreation 100-70-710-5010.30 17,000 Additional overtime for part-time staff; new and expanded special events Parks and Recreation - Recreation 100-70-710-6000.20 62,000 Supplies for extra special events and enhanced a nnual events Parks and Recreation - Recreation 100-70-710-6040.10 113,000 Gym floor refinishing, consultants for grant appli cants; additional contract services for special events
Fire - Administration 100-85-850-5000.10 193,000 Additional MCAP related full time salaries hittiin g General Fund Fire - Suppression 100-85-860-5010.41 486,000 Constant staffing (OT), due to vacancies in FT pos itions (required minimum staffing) 26,563,072 <=TOTAL BUDGET AMENDMENTS

*Includes updated classifications per approved "Classification and Compensation Study" **Amended as of 02/08/2023
POSITIONS ADDED**
FY 2019-20 FY 2020-21
FY 2021-22

ADOPTED
FY 2021-22

AMENDED
FY 2022-23

ADOPTED
FY 2022-23
AMENDED** Variance
Elected
City Councilmember 5.0 5.0 5.0 5.0 5.0 5.0 0.0
City Clerk 1.0 1.0 1.0 1.0 1.0 1.0 0.0
City Treasurer 1.0 1.0 1.0 1.0 1.0 1.0 0.0

7.0 7.0 7.0 7.0 7.0 7.0 0.0
Administration
City Manager 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Assistant City Manager 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Director of Public Affairs/Information Technology 0.0 0.0 0.0 0.0 1. 01 . 0 0 . 0 Assistant Director of Public Affairs 0.0 1.0 1.0 1.0 1.0 1.0 0.0 Public Information Officer 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Senior Deputy City Clerk 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Deputy City Clerk 0.0 1.0 1.0 1.0 1.0 1.0 0.0
Records Coordinator 0.0 0.0 1.0 1.0 1.0 1.0 0.0
Office Manager 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Senior Administrative Assistant 1.0 1.0 0.0 0.0 0.0 2.0 2.0

6.0 8.0 8.0 8.0 9.0 11.0 2.0
Finance
Director of Finance 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Assistant Director or Finance 0.0 1.0 1.0 1.0 1.0 1.0 0.0 Accounting Manager 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Accounting Supervisor 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Senior Management Analyst 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Management Analyst 0.0 0.0 1.0 1.0 1.0 1.0 0.0
Accountant 4.0 4.0 4.0 4.0 5.0 5.0 0.0
Senior Finance Technician 5.0 5.0 5.0 5.0 5.0 5.0 0.0
Finance Technician 5.0 5.0 5.0 5.0 5.0 5.0 0.0
Senior Administrative Assistant 1.0 1.0 1.0 1.0 1.0 1.0 0.0

19.0 20.0 21.0 21.0 22.0 22.0 0.0
Fire
Fire Chief 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Assistant Fire Chief 0.0 0.0 0.0 1.0 1.0 1.0 0.0
Deputy Fire Chief 0.0 1.0 1.0 1.0 1.0 1.0 0.0
Fire Battalion Chief 3.0 3.0 3.0 3.0 4.0 4.0 0.0
Fire Captain 12.0 13.0 13.0 14.0 14.0 14.0 0.0
Fire Engineer 12.0 12.0 12.0 12.0 12.0 12.0 0.0
Firefighter 24.0 24.0 24.0 24.0 24.0 24.0 0.0
Firefighter/Paramedic Trainee 0.0 4.0 4.0 4.0 4.0 4.0 0.0 Fire Marshal 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Deputy Fire Marshal

1.0 1.0 1.0 1.0 0.0 0.0 0.0
Community Risk Reduction and Education Coordinator 0.0 0.0 1.0 1.0 0.0 0.0 0.0 Senior Fire Inspector 0.0 0.0 1.0 1.0 1.0 1.0 0.0
Fire Inspector 1.0 2.0 2.0 2.0 2.0 2.0 0.0
Assistant Diretor of Fire 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Grants and Project Administrator 0.0 0.0 1.0 1.0 1.0 1.0 0.0 Senior Management Analyst 2.0 2.0 2.0 2.0 2.0 2.0 0.0
Telecommunications Manager

0.0 1.0 0.0 0.0 0.0 0.0 0.0
Public Saftey Radio Supervisor 0.0 1.0 1.0 1.0 1.0 1.0 0.0 Public Safetry Radio Technician 0.0 0.0 1.0 1.0 2.0 2.0 0.0 Social Work Supervisor 0.0 1.0 1.0 1.0 1.0 1.0 0.0
Field Response Case Coordinator 0.0 1.0 1.0 1.0 1.0 1.0 0.0 Senior Administrative Assistant 1.0 1.0 1.0 2.0 2.0 2.0 0.0

59.0 70.0 73.0 76.0 76.0 76.0 0.0
City of Montebello
Fiscal Year 2022-23 Budget
Master Position Control, by Department*

*Includes updated classifications per approved "Classification and Compensation Study" **Amended as of 02/08/2023
POSITIONS ADDED**
FY 2019-20 FY 2020-21
FY 2021-22

ADOPTED
FY 2021-22

AMENDED
FY 2022-23

ADOPTED
FY 2022-23
AMENDED** Variance
City of Montebello
Fiscal Year 2022-23 Budget
Master Position Control, by Department*
Human Resources and Information Technology
Director of Human Resources / Risk Management 1.0 1.0 1.0 1.0 1.0 1.0 0.0 Assistant Director of Human Resources / Risk Management 0.0 0.0 0 .0 0.0 1.0 1.0 0.0 Principal Risk Officer 0.0 0.0 0.0 0.0 0.0 1.0 1.0
Human Resources Manager 0.0 0.0 1.0 1.0 1.0 2.0 1.0
Risk Manager 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Senior Human Resources Analyst 2.0 2.0 2.0 2.0 2.0 2.0 0.0 Human Resources Analyst 1.0 1.0 1.0 1.0 2.0 4.0 2.0
Human Resources Technician 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Risk Management Assistant 0.0 0.0 0.0 0.0 0.0 1.0 1.0
Senior Administrative Assistant 1.0 1.0 1.0 1.0 1.0 1.0 0.0 Information Systems Manager 1.0 1.0 2.0 2.0 2.0 2.0 0.0 Information Systems Supervisor 1.0 1.0 1.0 1.0 1.0 1.0 0.0 Information Systems Analyst 3.0 3.0 3.0 3.0 3.0 3.0 0.0

12.0 12.0 14.0 14.0 16.0 21.0 5.0
Planning and Community Development
Director of Planning and Community Development 1.0 1.0 1.0 1.0 1.0 1. 00 . 0 Assistant Director of Planning and Community Development 1.0 1.0 1 .0 1.0 1.0 1.0 0.0 Building Official 1.0 1.0 1.0 1.0 0.0 0.0 0.0
Housing Manager 0.0 0.0 1.0 1.0 1.0 1.0 0.0
Planning Manager 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Economic Development Manager 0.0 0.0 0.0 0.0 1.0 1.0 0.0 Planner 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Assistant Planner 0.0 2.0 2.0 2.0 2.0 2.0 0.0
Code Enforcement Manager 0.0 1.0 1.0 1.0 1.0 1.0 0.0
Code Enforcement Coordinator 1.0 1.0 1.0 1.0 1.0 1.0 0.0 Code Enforcement Officer 3.0 4.0 4.0 4.0 4.0 4.0 0.0
Parking Control Officer 0.0 0.0 0.0 0.0 2.0 2.0 0.0
Combination Builidng Inspector

0.0 1.0 1.0 1.0 0.0 0.0 0.0
Buiding Permit Technician 1.0 1.0 2.0 2.0 0.0 0.0 0.0
Senior Management Analyst 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Management Analyst 0.0 2.0 2.0 2.0 2.0 2.0 0.0
Senior Administrative Assistant 1.0 1.0 1.0 1.0 1.0 1.0 0.0

12.0 19.0 21.0 21.0 20.0 20.0 0.0
Police
Police Chief 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Police Captain 2.0 2.0 2.0 2.0 2.0 2.0 0.0
Police Lieutenant 5.0 5.0 6.0 6.0 6.0 6.0 0.0
Police Sergeant 10.0 10.0 10.0 10.0 10.0 10.0 0.0
Police Corporal 23.0 23.0 23.0 23.0 23.0 23.0 0.0
Police Officer 33.0 33.0 32.0 32.0 32.0 32.0 0.0
Police Records Supervisor 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Dispatch Supervisor 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Police Dispatcher II 5.0 5.0 5.0 5.0 5.0 5.0 0.0
Police Dispatcher I 5.0 5.0 5.0 5.0 5.0 5.0 0.0
Police Records Technician 9.0 9.0 9.0 9.0 9.0 9.0 0.0
Property and Evidence Technician 2.0 2.0 2.0 2.0 2.0 2.0 0.0 Crime Analyst 0.0 0.0 0.0 0.0 1.0 1.0 0.0
Court Liaison 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Parking Control Officer

1.0 1.0 1.0 1.0 0.0 0.0 0.0
Grants and Project Administrator 1.0 1.0 1.0 1.0 1.0 1.0 0.0 Senior Management Analyst 0.0 1.0 1.0 1.0 1.0 1.0 0.0
Senior Administrative Assistant 1.0 1.0 1.0 1.0 1.0 1.0 0.0 101.0 102.0 102.0 102.0 102.0 102.0 0.0

*Includes updated classifications per approved "Classification and Compensation Study" **Amended as of 02/08/2023
POSITIONS ADDED**
FY 2019-20 FY 2020-21
FY 2021-22

ADOPTED
FY 2021-22

AMENDED
FY 2022-23

ADOPTED
FY 2022-23
AMENDED** Variance
City of Montebello
Fiscal Year 2022-23 Budget
Master Position Control, by Department*
Public Works
Director of Public Works 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Assistant Director of Public Works 1.0 1.0 1.0 1.0 2.0 2.0 0.0 Deputy Director 0.0 0.0 0.0 0.0 1.0 1.0 0.0
Principal Engineer 0.0 0.0 0.0 0.0 1.0 1.0 0.0
Assistant Engineer 0.0 0.0 1.0 2.0 2.0 2.0 0.0
Building Official 0.0 0.0 0.0 0.0 1.0 1.0 0.0
Combination Builidng Inspector 0.0 0.0 0.0 0.0 1.0 1.0 0.0 Buiding Permit Technician 0.0 0.0 0.0 0.0 2.0 2.0 0.0
Public Works Inspector 0.0 0.0 1.0 1.0 1.0 1.0 0.0
Public Works Superintendent 0.0 1.0 1.0 1.0 1.0 1.0 0.0 Public Works Manager 0.0 0.0 0.0 0.0 1.0 1.0 0.0
Park Maintenance Supervisor 0.0 0.0 0.0 0.0 1.0 1.0 0.0 Street Maintenance Supervisor 1.0 1.0 1.0 1.0 1.0 1.0 0.0 Assistant Tree Maintenance Supervisor

1.0 1.0 1.0 1.0 1.0 1.0 0.0
Building Maintenance Tradeworker II 0.0 0.0 0.0 0.0 2.0 2.0 0.0 Electrician 0.0 0.0 0.0 0.0 1.0 1.0 0.0
Plumber 0.0 0.0 0.0 0.0 1.0 1.0 0.0
Maintenance Worker 7.0 14.0 14.0 14.0 22.0 22.0 0.0
Senior Management Analyst 0.0 1.0 1.0 1.0 1.0 1.0 0.0
Management Analyst 0.0 0.0 0.0 1.0 1.0 1.0 0.0
Senior Administrative Assistant 1.0 1.0 1.0 1.0 1.0 1.0 0.0

12.0 21.0 23.0 25.0 46.0 46.0 0.0
*Transfer 7.0 FTE from Parks and Recreation - Golf Course Operations, October, 2020 Recreation and Community Services
Director of Recreation and Community Services 1.0 1.0 1.0 1.0 1.0 1.0 0.0 Assistant Director of Recreation and Community Services 1.0 1.0 1. 0 1.0 1.0 1.0 0.0 Recreation & Community Services Superintendent** 0.0 1.0 1.0 1.0 1.0 1.0 0.0 Park Maintenance Supervisor 1.0 1.0 1.0 1.0 0.0 0.0 0.0 Building Maintenance Tradeworker II 2.0 2.0 2.0 2.0 0.0 0.0 0.0 Maintenance Worker 8.0 8.0 8.0 8.0 0.0 0.0 0.0
Recreation Manager 0.0 0.0 1.0 1.0 1.0 1.0 0.0
Recreation Supervisor 0.0 0.0 0.0 0.0 1.0 1.0 0.0
Community Services Coordinator 3.0 4.0 4.0 4.0 4.0 4.0 0.0 Management Analyst 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Senior Administrative Assistant 1.0 1.0 1.0 1.0 1.0 1.0 0.0 Golf Course Superintendent / Facility Manager**

1.0 0.0 0.0 0.0 0.0 0.0 0.0
Golf Cart Mechanic* 1.0 0.0 0.0 0.0 0.0 0.0 0.0
Golf Course Equipment Mechanic* 1.0 0.0 0.0 0.0 0.0 0.0 0.0

21.0 20.0 21.0 21.0 11.0 11.0 0.0
*Golf Course personnel transferred to Public Works as "Maintenance Worker" classification **Recreation & Comm Services Superintendent transferred to Public Works as "Public Works Superintendent"

*Includes updated classifications per approved "Classification and Compensation Study" **Amended as of 02/08/2023
POSITIONS ADDED**
FY 2019-20 FY 2020-21
FY 2021-22

ADOPTED
FY 2021-22

AMENDED
FY 2022-23

ADOPTED
FY 2022-23
AMENDED** Variance
City of Montebello
Fiscal Year 2022-23 Budget
Master Position Control, by Department*
Transportation
Director of Transportation 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Assistant Director of Transportation 1.0 1.0 1.0 1.0 1.0 1.0 0.0 Deputy Director 0.0 0.0 0.0 2.0 1.0 1.0 0.0
Public Information Officer 0.0 1.0 1.0 1.0 1.0 1.0 0.0
Transit Administration Manager 1.0 2.0 2.0 2.0 1.0 1.0 0.0 Transit Operations Manager 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Fleet Maintenance Manager 0.0 1.0 1.0 1.0 1.0 1.0 0.0
Maintenance Manager 0.0 0.0 1.0 1.0 1.0 1.0 0.0
Shop Maintenance Supervisor 4.0 4.0 4.0 4.0 4.0 4.0 0.0 Transit Dispatch Supervisor 10.0 12.0 12.0 15.0 15.0 13.0 -2.0 Transit Assistant Manager 3.0 3.0 3.0 3.0 3.0 3.0 0.0
Warehouse Supervisor 1.0 1.0 1.0 1.0 1.0 1.0 0.0
Fleet Services Supervisor 1.0 1.0 1.0 1.0 1.0 2.0 1.0
Grants and Project Administrator

1.0 1.0 1.0 1.0 1.0 0.0 -1.0
Senior Procurement Analyst 0.0 1.0 1.0 1.0 1.0 0.0 -1.0 Senior Management Analyst 0.0 0.0 0.0 0.0 1.0 3.0 2.0
Management Analyst 1.0 3.0 3.0 3.0 4.0 5.0 1.0
Transit Planner 0.0 0.0 0.0 1.0 1.0 1.0 0.0
Associate Planner

0.0 0.0 1.0 0.0 0.0 0.0 0.0
Account Clerk 0.0 1.0 1.0 1.0 1.0 1.0 0.0
Finance Technician 2.0 3.0 3.0 3.0 3.0 3.0 0.0
Senior Administrative Assistant 0.0 1.0 1.0 1.0 1.0 1.0 0.0 Bus Operator 105.0 105.0 120.0 120.0 150.0 150.0 0.0
Heavy Equipment Mechanic 15.0 15.0 15.0 15.0 15.0 15.0 0.0 Fleet Service Worker 13.0 13.0 13.0 13.0 13.0 13.0 0.0
Body Shop Mechanic 1.0 1.0 1.0 1.0 1.0 2.0 1.0
Building Maintenance Tradeworker II 1.0 1.0 1.0 1.0 2.0 2.0 0.0 Maintenance Worker

1.0 1.0 1.0 1.0 0.0 0.0 0.0
Storekeeper 3.0 3.0 3.0 3.0 3.0 4.0 1.0
Administrative Assistant 4.0 5.0 5.0 5.0 5.0 3.0 -2.0
170.0 182.0 199.0 204.0 234.0 234.0 0.0
Total Full-Time Employees 419.0 461.0 489.0 499.0 543.0 550.0 7.0

0.0 Total Full-Time Employees Net Elected 412.0 454.0 482.0 492.0 536.0 5 43.0 7.0 FY 2019-20 FY 2020-21
FY 2021-22

ADOPTED
FY 202-22

AMENDED
FY 2022-23

PROPOSED
FY 2022-23
AMENDED Variance
Administration 6.0 8.0 8.0 8.0 9.0 11.0 2.0
Community Development 12.0 19.0 21.0 21.0 20.0 20.0 0.0 Finance 19.0 20.0 21.0 21.0 22.0 22.0 0.0
Fire 59.0 70.0 73.0 76.0 76.0 76.0 0.0
Human Resources - Information Technology 12.0 12.0 14.0 14.0 16.0 21.0 5.0 Parks and Recreation 21.0 20.0 21.0 21.0 11.0 11.0 0.0
Police 101.0 102.0 102.0 102.0 102.0 102.0 0.0
Public Works 12.0 21.0 23.0 25.0 46.0 46.0 0.0
Transit 170.0 182.0 199.0 204.0 234.0 234.0 0.0
412.0 454.0 482.0 492.0 536.0 543.0 7.0

ITEM # 4

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Arnold M. Alvarez-Glasman, City Attorney

BY: Arnold Glasman, City Attorney

SUBJECT: REVIEW OF CITY COUNCIL APPLICATIONS RECEIVED AND

CONSIDERATION OF APPOINTMENT FOR TWO AT-LARGE CITY
COUNCIL SEATS WITH AN ENDING TERM OF NOVEMBER 12, 2024

DATE: February 13, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Review and evaluate applications received by residents interested in being appointed to the vacant at-large City Council seats; and

2. Receive comments from applicants; and

3. Designate those to be appointed to the vacant City Council seats for a two-year period; and

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

FISCAL IMPACT:

The estimated direct, operating cost of the appointment of two (2) additional Councilmembers for two years would be at least $130,000. This estimated amount includes operating expenses such as: salary/stipends, benefits (e.g., health, vision, dental, etc.), supplies, travel and meetings (e.g., conferences), telecommunications (e.g., cell phones), etc.. In addition, there would most likely be additional legal expenses related to the City Attorney's office supporting two additional City Council members.

BACKGROUND/DISCUSSION:

At its meeting of January 11, 2023, the City Council gave direction to have City staff return with information to discuss the process by which interested residents can apply for an appointment to the vacancies of the two at-large City Council seats. This item will allow the City Council to discuss and provide guidance to the community on the process

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

to be implemented to fill the vacancies for the two at-large seat terms for a period of two years.

At a special meeting on January 18, 2023, the City Council discussed and established a procedure for the consideration of two (2) at-large City Council seats with an ending term of November 12, 2024. The City Council has received applications by residents interested in being appointed to the vacant at-large City Council seats. These applications will be reviewed by the City Council for consideration of appointment. The deadline to appoint individuals for the vacant at-large City Council seats is February 13, 2023, pursuant to the 60-day timeline set by the Government Code.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

It is recommended that the City Council review and evaluate applications received by residents interested in being appointed to the vacant at-large City Council seats; receive comments from applicants; and designate those to be appointed to the vacant City Council seats for a two-year period.

ATTACHMENT(S)

1. Item No. 7- Qualified Candidates

NEXT STEPS:

N/A

REQUIRED DOCUMENTS SUBMITTED:
• Application
• Candidate Statement (250+ words)
• Felony Conviction Declaration Form
• Form 700 on file

QUALIFIED

QUALIFIED

QUALIFIED

QUALIFIED

QUALIFIED

REQUIRED DOCUMENTS SUBMITTED:
• Application
• Candidate Statement (250+ words)
• Felony Conviction Declaration Form
• Form 700 on file

QUALIFIED

QUALIFIED

QUALIFIED

QUALIFIED

QUALIFIED

REQUIRED DOCUMENTS SUBMITTED:
• Application
• Candidate Statement (250+)
• Felony Conviction Declaration Form
• Form 700 on File

QUALIFIED

QUALIFIED

QUALIFIED

QUALIFIED

QUALIFIED

REQUIRED DOCUMENTS SUBMITTED:
• Application
• Candidate Statement (216 words)
• Felony Conviction Declaration Form
• Form 700 on file

QUALIFIED

QUALIFIED

QUALIFIED

QUALIFIED

QUALIFIED

QUALIFIED

ITEM # 5

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: Arnold Glasman, City Attorney

SUBJECT: ADOPTION OF RESOLUTION NO. 23-07 OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO CONDEMNING AZERBAIJAN’S ILLEGAL

BLOCKADE OF NAGORNO-KARABAKH (ARTSAKH)

DATE: February 13, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt Resolution No. 23-07 condemning Azerbaijan’s blockade of Nagorno- Kharabakh (Artsakh); and

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

FISCAL IMPACT:

N/A

BACKGROUND/DISCUSSION:

The 2022-2023 blockade of Artsakh is an ongoing event in the Nagorno-Karabakh conflict. The Nagorno-Kharabakh region is disputed between Azerbaijan and the breakaway Republic of Artsakh, which has a mostly ethnic-Armenian population and is supported by neighboring Armenia.

The only road connecting Nagorno-Karabakh with Armenia and the outside world, the Lachin corridor, has been blocked by Azerbaijan since December 12, 2022. This block has disrupted access to essential goods and services, including food, fuel and medication for the 120,000 Armenians living in Nagorno-Karabakh, effectively placing them under a blockade. This blockade has led to a severe humanitarian crisis, significantly affecting the most vulnerable populations. As a result, the transfer of critically ill patients is nearly impossible, and hundreds of families remain separated.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

This humanitarian crisis was further aggravated by Azerbaijan’s disruption of the natural gas supply to Nagorno-Karabakh, which left houses, hospitals and schools without heating.

By sustaining the blockade of the Lachin corridor, Azerbaijan is breaching its international obligations under the trilateral ceasefire statement of November 9, 2020, under which Azerbaijan must guarantee the security of persons, vehicles and cargo moving along the corridor in both directions. The impediments to the use of the Lachin corridor set back the peace process between Armenia and Azerbaijan and undermine international confidence.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

It is recommended that the City Council adopt Resolution No. 23-07 condemning Azerbaijan’s blockade of Nagorno-Kharabakh (Artsakh).

ATTACHMENT(S)

1. Attachment A - Resolution No. 23-07, Artsakh Blockade

NEXT STEPS:

N/A

RESOLUTION NO. 23-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, CONDEMNING AZERBAIJAN’S

ILLEGAL BLOCKADE OF NAGORNO-KARABAKH (ARTSAKH)

RECITALS
WHEREAS, whereas the only road connecting Nagorno-Karabakh with Armenia and the outside world, the Lachin corridor, has been blocked by Azerbaijan since December 12, 2022; and
WHEREAS, this has disrupted access to essential goods and services, including food, fuel and medication, for the 120,000 Armenians living in Nagorno-Karabakh, effectively placing them under a blockade; and
WHEREAS, whereas the blockade has led to a severe humanitarian crisis, significantly affecting the most vulnerable populations; and WHEREAS, the transfer of critically ill patients is nearly impossible and hundreds of families remain separated; and
WHEREAS, this humanitarian crisis was further aggravated by Azerbaijan’s disruption of the natural gas supply to Nagorno-Karabakh, which left houses, hospitals and schools without heating; and
WHEREAS, whereas by sustaining the blockade of the Lachin corridor, Azerbaijan is breaching its international obligations under the trilateral ceasefire statement of November 9, 2020, under which Azerbaijan must guarantee the security of persons, vehicles and cargo moving along the corridor in both directions; and WHEREAS, whereas the impediments to the use of the Lachin corridor set back the peace process between Armenia and Azerbaijan and undermine international confidence; and
WHEREAS, the City of Montebello wishes to condemn the illegal blockade by Azerbaijan of Nagorno Karabapk (Artsakh).

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

SECTION 1. The foregoing recitals are true and correct and are hereby incorporated as substantive findings in this Resolution.

SECTION 2.The City of Montebello strongly condemns Azerbaijan’s blockade of Nagorno-Karabakh, the distruption of the natural gas supply causing tragic humanitarian consequences, and the failure to implement the trilateral ceasefire statement of November 9, 2020.

RESOLUTION NO. 23-07

SECTION 3. The City of Montebello urgest Azarbaijan to respect and implement the trilateral ceasefire statement and immediately reopen the Lachin corridor to enable free movement and ensure access to essential goods and servoces, thus guaranteeing security in the region and safeguarding residents’ livelihoods.

SECTION 4. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this resolution.

APPROVED AND ADOPTED THIS 13TH DAY OF FEBRUARY 2023.
_______________________________
David N. Torres, Mayor
ATTEST:APPROVED AS TO FORM:

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

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 23-07 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 13 th day of February 2023 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

RESOLUTION NO. 23-07

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 # 6

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: James Enriquez, Director of Public Works

SUBJECT: ADOPT RESOLUTION NO. 23-13 APPROVING THE APPLICATION

FOR SPECIFIED GRANT FUNDS FOR THE MONTEBELLO

DOWNTOWN SEWER INFRASTRUCTURE IMPROVEMENT PROJECT

DATE: February 13, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt Resolution No. 23-13 approving the application for grant funding for the Montebello Downtown Sewer Infrastructure Improvement Project; and

2. Authorize the City Manager to execute the financial assistance agreements and any other related documents in a final form approved by the City Attorney; and

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

FISCAL IMPACT:

The grant funds in the amount of $2,100,000 are anticipated to fund the entire cost of the Project. No additional appropriations are recommended at this time. Once the grant application has been accepted by the State Water Resources Control Board (SWRCB), staff will return with action to appropriate the funds. Most likely these funds will be included in the proposed Fiscal Year 2023-24 budget for appropriation at that time.

BACKGROUND/DISCUSSION:

In April 2022, the City was contacted by the office of California Assemblymember Christina Garcia, Montebello representative at that time, regarding an opportunity to receive grant funding for a construction project. Staff identified the replacement of deteriorated cement sewers in the downtown area as a much needed and competitive project. A project description and estimate of $2,100,000 was submitted to the Assemblymember’s office as requested. The same project was submitted to Senator Archuleta's Office for consideration of joint support. As result, this grant was supported

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

both in the Senate and Assembly.

The project proposes the replacement of approximately 5,100 lineal feet of existing and severely deteriorated cement sewers in the City’s downtown area.

Although the City was notified by the Assemblymember’s office in late 2022 that the project funding was approved in the requested amount of $2,100,000, the State Water Resources Control Board (SWRCB) recently notified the City that the grant funds would be administered through their department. The recommended Resolution is required to initiate the grant management process for the receipt of the funds. The Resolution must be submitted as soon as possible to meet the appropriation deadline of June 30, 2023.

ENVIRONMENTAL:

The proposed project is exempt from CEQA pursuant to California State CEQA Guidelines §15282(k) (Other Statutory Exemptions). This exemption allows for installation of new pipeline or maintenance, repair, restoration, removal, or demolition of an existing pipeline as set forth in Section 21080.21 of the Public Resources Code, as long as the project does not exceed one mile in length. The project consists of replacement of 5,100 linear feet of sewer pipeline and, therefore, qualifies for a statutory exemption from CEQA.

ANALYSIS:

Not Applicable.

SUMMARY:

Subsequent to approval by the City Council of the recommended actions, staff will coordinate the execution of the requisite documents with the State Water Resources Control Board for the receipt of the grant funds to initiate the project delivery process. It is anticipated that formal appropriation of these funds will occur as part of the FY 2023- 24 budget development process.

ATTACHMENT(S)

1. Attachment A - Resolution No. 23-13, Specified Grant from State Water Resources Control Board

NEXT STEPS:

N/A

RESOLUTION NO. 23-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, APPROVING THE APPLICATION FOR

SPECIFIED GRANT FUNDS

RECITALS
WHEREAS, the State Water Resources Control Board has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the City of Montebello, setting up necessary procedures governing applications; and WHEREAS, said procedures established by the State Water Resources Control Board require the applicant’s Governing Body to certify by resolution the approval of the project application before submission of said applications to the State; and WHEREAS, successful Applicants will enter into a contract with the State of California to complete the project.

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

SECTION 1.The City Manager (the “Authorized Representative”) or designee is hereby authorized and directed to sign and file, for and on behalf of the City of Montebello, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of the City of Montebello Downtown Sewer Infrastructure Improvement Project (the “Project”).

SECTION 2.The Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.

SECTION 3.The Authorized Representative, or his/her designee, is designated to represent the City of Montebello in carrying out the City’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.

SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this resolution.

APPROVED AND ADOPTED THIS 13TH DAY OF FEBRUARY 2023.
_______________________________
David N. Torres, Mayor

RESOLUTION NO. 23-13

ATTEST:APPROVED AS TO FORM:

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

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 23-13 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 13 th day of February 2023 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 # 7

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: James Enriquez, Director of Public Works

SUBJECT: ADOPT RESOLUTION NO. 23-11 ACCEPTING CERTAIN ROADS AND STREETS INTO THE CITY STREET SYSTEM AND RESOLUTION NO.
23-10 NAMING A CERTAIN PUBLIC STREET AND ROAD “TOPGOLF
WAY” AND FINDING SUCH ACTIONS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

DATE: February 13, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt Resolution No. 23-11 accepting certain roads and streets into the City Street System, and finding such action exempt from the California Environmental Quality Act (“CEQA”); and

2. Adopt Resolution No. 23-10 naming a certain public street and road “Topgolf Way”; and

3. Authorize the City Manager to execute certificates and any other related documents to consummate the acceptance of said streets or roads, including naming, in a form approved by the City Attorney; and

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

FISCAL IMPACT:

The subject street is currently under construction as part of the Montebello Municipal Golf Course Renovation Project. Although the acceptance of the street into the City’s Public Street System has no immediate fiscal impact on the City's budget, it will make the street eligible for funding for construction and future maintenance and operation utilizing special transportation funding sources, unburdening the General Fund of these expenditures in perpetuity.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

BACKGROUND/DISCUSSION:

The City Council approved the financing (Lease Revenue Bonds Series 2022B Bonds), development, and lease agreements associated with the Topgolf Montebello Project (the “Project”) on September 28, 2022. On November 10, 2022, the City Council awarded a construction contract to McCarthy Building Companies, Inc. (“McCarthy”) for the construction of the Project. Financing for the Project closed on December 15, 2022, and McCarthy commenced construction of the Project on January 3, 2023. Completion is scheduled for winter 2024.

ENVIRONMENTAL:

The City has reviewed the proposed actions pursuant to the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines and has concluded there is no substantial evidence that the actions will have any significant effect on the environment. The action is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (14 CCR 15061(b)(3)), and the dedication, acceptance, and naming of a public street does not result in a physical change to the environment. The environmental impacts of the golf course projects, of which the subject street is only an incidental component, were previously analyzed and disclosed in accordance with the requirements of CEQA in that certain Initial Study / Mitigated Negative Declaration and Addendum thereto certified by the City on March 15, 2022.

ANALYSIS:

The Project is adjacent to the Montebello Municipal Golf Course Renovation Project (“GCR Project”) and is located along the Via Campo frontage of the golf course campus.

The subject street will provide access from Via San Clemente off of Garfield Avenue to the new golf course and clubhouse as well as Topgolf as shown in the site plan (Attachment A). The GCR Project is currently under construction with completion scheduled for late 2023.

Topgolf has requested that the City Council consider naming the new street “Topgolf Way” since it will serve as the primary entrance to the Topgolf venue. Additionally, acceptance of the street as a public street facilitates the construction of utility infrastructure that will serve both the golf course and Topgolf without the necessity to execute multiple, costly and time-consuming easement documents for each of the utility companies. Additionally, permitting utility companies to install infrastructure within a new public street minimizes the amount of infrastructure the City would otherwise assume since the points of service connection can be located closer to the new golf course facilities. Minimizing the amount of infrastructure the City will own and operate will result in annual savings to the City throughout the life of the facilities.

The street that is recommended for acceptance into the City’s Public Street System is described in the legal description (Exhibit A of Resolution No. 23-11) and depicted in the plat map (Exhibit B of Resolution No. 23-11) included in Attachment B.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

In accordance with Streets and Highways Code Section 1806, a street or road may be accepted into the City’s street system by resolution of the City Council, and pursuant to Government Code Sections 34091.1 and 34092, the City Council by adoption of a resolution may assign a name to any public street. If the City Council adopts the proposed Resolutions, they will be forwarded to the County of Los Angeles for processing and recordation.

SUMMARY:

Upon approval by the City Council of the recommended actions, including adoption of Resolution No. 23-10 and Resolution No. 23-11 staff will coordinate the execution of all documents and file them with the appropriate Los Angeles County offices.

ATTACHMENT(S)

1. Attachment A - Site Plan

2. Attachment B - Resolution No. 23-11, Accepting Topgolf Way

3. Attachment C - Resolution No. 23-10 - Naming Topgolf Way

NEXT STEPS:

N/A

VAN EV VANACCESSIBLEFUT. EVCLEAN AIR
FUT.EVCLEAN AIR
VANVAN
FUT.EVCLEAN AIRFUT.EVCLEAN AIR
FUT.EVCLEAN AIRFUT.EVCLEAN AIRFUT.EVCLEAN AIRFUT.EVCLEAN AIRFUT.EVCLEAN AIRFUT.EVCLEAN AIRFUT.EVCLEAN AIRFUT.EVCLEAN AIRFUT.EVCLEAN AIRFUT.EVCLEAN AIR FUT. EVCLEAN AIR
FUT.EVCLEAN AIR
FUT.EVCLEAN AIR

NYLOPLAST

DO NOT POLLUTEDRAINS TOWATERWAYS

DO NOT POLLUTE DRAINS TO WATERWAYS

NYLOPLAST DUCTILE IRON

NYLOPLASTDO NOT POLLUTEDRAINS TOWATERWAYS

DO NOT POLLUTE DRAINS TO WATERWAYS

NYLOPLAST DUCTILE IRONNYLOPLASTDO NOT POLLUTEDRAINS TOWATERWAYS

DO NOT POLLUTE DRAINS TO WATERWAYS

NYLOPLAST DUCTILE IRON

NYLOPLAST

DO NOT POLLUTEDRAINS TOWATERWAYS

DO NOT POLLUTE DRAINS TO WATERWAYS

NYLOPLAST DUCTILE IRON

NYLOPLAST

DO NOT POLLUTEDRAINS TOWATERWAYS

DO NOT POLLUTE DRAINS TO WATERWAYS

NYLOPLAST DUCTILE IRON

NYLOPLAST

DO NOT POLLUTEDRAINS TOWATERWAYSDO NOT POLLUTE DRAINS TO WATERWAYS

NYLOPLAST DUCTILE IRON

NYLOPLASTDO NOT POLLUTEDRAINS TOWATERWAYS

DO NOT POLLUTE DRAINS TO WATERWAYS

NYLOPLAST DUCTILE IRON
FUT.EVCLEAN AIR
FUT.EVCLEAN AIR

CLEAN AIR

CLEAN AIR

NYLOPLASTDO NOT POLLUTEDRAINS TOWATERWAYS

DO NOT POLLUTE DRAINS TO WATERWAYS

NYLOPLAST DUCTILE IRON

NYLOPLASTDO NOT POLLUTEDRAINS TOWATERWAYS

DO NOT POLLUTE DRAINS TO WATERWAYS

NYLOPLAST DUCTILE IRON

CLEAN AIR

CLEAN AIR

CLEAN AIR

CLEAN AIR
FUT.EVCLEAN AIR
FUT.EVCLEAN AIR
FUT.EVCLEAN AIR
FUT.EVCLEAN AIR
FUT.EVCLEAN AIR
FUT.EVCLEAN AIR
FUT.EVCLEAN AIRCLEAN AIRCLEAN AIR

NYLOPLASTDO NOT POLLUTEDRAINS TOWATERWAYS

DO NOT POLLUTE DRAINS TO WATERWAYS

NYLOPLAST DUCTILE IRON

NYLOPLAST

DO NOT POLLUTEDRAINS TOWATERWAYS

DO NOT POLLUTE DRAINS TO WATERWAYS

NYLOPLAST DUCTILE IRON

NYLOPLASTDO NOT POLLUTEDRAINS TOWATERWAYS

DO NOT POLLUTE DRAINS TO WATERWAYS

NYLOPLAST DUCTILE IRON
SD
SD
SD
SD
STL
STL
STL
STL
STL
STL
STL
STL
STL
STL
STL

NYLOPLASTDO NOT POLLUTEDRAINS TOWATERWAYS

DO NOT POLLUTE DRAINS TO WATERWAYS

NYLOPLAST DUCTILE IRON

NYLOPLASTDO NOT POLLUTEDRAINS TOWATERWAYS

DO NOT POLLUTE DRAINS TO WATERWAYS

NYLOPLAST DUCTILE IRON

NYLOPLASTDO NOT POLLUTEDRAINS TOWATERWAYS

DO NOT POLLUTE DRAINS TO WATERWAYS

NYLOPLAST DUCTILE IRON
WM
FEC
FEC

ITPHONEAV
airwall mountpowerwasher
golf cart storage items
grass seedstorage
flatwarestorageflatwarestorageflatwarestorage
golf rackgolf rack
golf rackgolf rack
VAN
TRANS.

EV VANACCESSIBLEEVSTANDARDACCESSIBLE
FUT. EVCLEAN AIR
CLEAN AIRFUT. EVCLEAN AIRFUT. EVCLEAN AIRFUT. EVCLEAN AIR FUT. EVCLEAN AIRFUT. EVCLEAN AIRFUT. EVCLEAN AIRCLEAN AIRCLEAN AIR ExpandGreenPPG1
6879
SC1
SC5
SC2
SC3
SC4
SC6SC7SC8
SC9SC10PPG2

FUTUREDEVELOPMENT

TOPGOLF

TOPGOLFPARKING

GOLFCLUBHOUSE

GOLFPARKING

EVENTLAWN

EXISTING LAKE

EXISTINGLAKEEXPANDEDLAKE

NEW ENTRY ROAD

VIA SAN CLEMENTE
EXISTINGHOME2 SUITESHOTEL

VIA CAMPO
N. GARFIELD AVEPARKING

EXISTING LAKE

EXISTINGRESTROOM

IRRIGATIONPUMP STATION NINE-HOLEREGULATIONLENGTH GOLFCOURSE

SIX-HOLE&TEN-HOLESHORTCOURSE

SITE PLAN

ATTACHMENT A

TOPGOLF

TOPGOLF WAY
N

RESOLUTION NO. 23-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, ACCEPTING CERTAIN ROADS AND

STREETS INTO THE CITY STREET SYSTEM

RECITALS
WHEREAS, Section 1806 of the California Streets and Highways Code provides that, except upon the annexation of territory to the City, no public or private street or road shall become a City street or road until the City Council, by resolution, has caused the street or road to be accepted into the City street system; and WHEREAS, pursuant to Section 1806 of the California Streets and Highways Code, the City Council desires to accept the real property legally described in Exhibit “A” to this Resolution and depicted on the map attached as Exhibit “B” into the City street system.

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

SECTION 1.Effective upon the date that a certified copy of this Resolution is recorded in the Official Records of the County of Los Angeles, the real property and/or parcel legally described in Exhibit “A” to this Resolution and depicted on the map attached as Exhibit “B” is hereby accepted into the City street system.

SECTION 2.The City Clerk is hereby authorized and directed to cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgement, certificate of acknowledgment, or further proof in the Official Records of the County of Los Angeles.

SECTION 3.All actions heretofore taken by the officers, employees and agents of the City with respect to the acceptance of conveyance and the recordation of any instrument relating to any and all of the real property and/or parcels described in this Resolution are hereby approved, confirmed, and ratified, and the officers and employees of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all certificates and documents which they may deem necessary or advisable in order to consummate the acceptance of said streets or roads into the City street system and otherwise to effectuate the purposes of this Resolution.

SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this resolution.

RESOLUTION NO. 23-11

APPROVED AND ADOPTED THIS 13TH DAY OF FEBRUARY 2023.
_______________________________
David N. Torres, Mayor
ATTEST:APPROVED AS TO FORM:

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

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 23-10 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 13 th day of February 2023 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk
•Exhibit A – Real Property/ Parcel
•Exhibit B – Map of Street

RESOLUTION NO. 23-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, NAMING A CERTAIN PUBLIC STREET
AND ROAD “TOPGOLF WAY”

RECITALS
WHEREAS, Section 34091.1 of the California Government Code provides that, whenever the City Council finds that a name should be adopted and applied to any city street, the City Council may adopt a resolution designating a name for such street; and WHEREAS, Section 34092 of the Government Code provides that, whenever the name of any street is adopted by the City, the City Clerk shall promptly forward a copy of the resolution providing for such new name to the Board of Supervisors of the County of Los Angeles; and
WHEREAS, the City Council finds and declares that the public street and road that is legally described in Exhibit “A” to this Resolution and depicted on the map attached as Exhibit “B” shall be named “Topgolf Way.”

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

SECTION 1.The public street and road that is legally described in Exhibit “A” to this Resolution and depicted on the map attached as Exhibit “B” shall be named “Topgolf Way.”
SECTION 2.The City Clerk is hereby authorized and directed to cause a certified copy of this Resolution, attested by the City Clerk under seal, to be forwarded to the Board or Supervisors for the County of Los Angeles in the manner required by Section 34092 of the Government Code.

SECTION 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this resolution.

APPROVED AND ADOPTED THIS 13TH DAY OF FEBRUARY 2023.
_______________________________
David N. Torres, Mayor

RESOLUTION NO. 23-10

ATTEST:APPROVED AS TO FORM:

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

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 23-10 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 13 th day of February 2023 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk
•Exhibit A – Description
•Exhibit B – Map of Street and Road

ITEM # 8

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: James Enriquez, Director of Public Works

SUBJECT: BEACH STREET PAVEMENT AND STORM DRAIN REHABILITATION PROJECT (CP NO. 883) - NOTICE OF COMPLETION

DATE: February 13, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Accept the Beach Street Pavement and Storm Drain Rehabilitation Project (CP No. 883) as completed by Gentry Brothers Inc.; and

2. Find that the requested “Changes in Work” for the project (Attachment A) have no significant effect on the environment and approve changes in the aggregate amount of $40,088; the final contract amount with Gentry Brothers, Inc. is $1,441,636; and

3. Approve the Final Total Project Budget (Attachment B); and

4. Authorize the City Clerk to file the Notice of Completion with the Los Angeles County Recorder (Attachment C); and

5. Authorize the City Manager to release the retention payment due to Gentry Brothers, Inc. following the mandatory waiting period from the date of Notice of completion is recorded; and

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

FISCAL IMPACT:

The Final Total Project Budget (Attachment B) shows the total funding and sources that were approved by the City Council throughout the life of the project in the total aggregate amount of $3,236,244. Also shown is the total aggregate expenditures for the project in the amount of $2,005,972.

The remaining project budget balance of $1,230,272 will be available for re-programming for other capital improvement projects, utilizing SB1/RMRA (Fund 201) State Gas Tax funding. No additional appropriations are required in order to close the project.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

BACKGROUND/DISCUSSION:

On December 8, 2021, the City Council awarded a construction contract to Gentry Brothers, Inc. in an amount not-to-exceed $926,849 for Phase 1 of the project from Vail Avenue to 5 th Street. The project included pavement rehabilitation along Beach Street and the removal and reconstruction of existing damaged concrete sidewalks, curb and gutters, cross gutters, concrete driveway approaches, and concrete curb ramps.

On April 13, 2022, The City Council approved a change order to Gentry Brothers, Inc., in the amount of $534,370. This change added the portion of Beach Street from 5 th Street to Bluff Road and compensated the contractor for an increase in asphalt material cost related to supply chain and COVID costs increases passed on from the asphalt plant.

Construction started on December 18, 2021 and was completed on August 26, 2022.

NOTICE OF COMPLETION
Pursuant to Civil Code Section 3093, when a Capital Improvement Project is completed, a Notice of Completion must be prepared and filed with the County Recorder’s Office after completion of the improvements. In compliance with this section of the Civil Code, the City Engineer has prepared the required Notice of Completion for the City Council to accept the project as complete; and to authorize the City Clerk to file the Notice of Completion for recordation with the County Recorder’s Office.

Concurrent with the preparation of the Notice of Completion, the City Engineer approved the final progress payment based on the agreed upon scope of work; with a five (5%) percent retention being withheld from the progress payments. The final retention payment is released to the contractor sixty (60) days after recordation of the Notice of Completion.

ENVIRONMENTAL:

N/A

ANALYSIS:

The City Engineer completed a field review and reviewed the construction written records concluding that the Project (CP NO. 883) was completed satisfactorily and in accordance with the Project specifications. The project financial records were also reviewed and the final cost is summarized in the Final Total Project Budget (Attachment B).

SUMMARY:

The City Council is requested to accept as complete the Beach Street Pavement and Storm Drain Rehabilitation Project (C.P. No. 883) and authorize the City Clerk to process the Notice of Completion.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

ATTACHMENT(S)

1. Attachment A - Changes in Work Summary

2. Attachment B - Total Project Budget

3. Attachment C - Notice of Completion, CP No. 883

NEXT STEPS:

N/A

CHANGES IN WORK SUMMARY
February 8, 2023

BEACH STREET REHABILITATION PROJECT
CP NO. 883

Project Description:

The Beach St pavement and storm drain rehabilitation project (Phase I and Phase II) from Vail Ave to Bluff St includes the removal and reconstruction of existing damaged concrete sidewalks, curb & gutters, cross gutters, concrete driveway approaches and concrete curb ramps. The project also includes cold milling and reconstruction of the existing asphalt concrete (AC) pavement, and the replacement of a deteriorated storm drain line, catch basins and manholes.

Changes in Work:
(1) Additional work on Beach St from 5 th St to Bluff Rd $ 448,475 (2) Increased asphalt material cost $ 84,914
(3) Traffic signal pull box adjustment at Greenwood/Beach $ 3,201 (4) Revised curb ramp construction method $ 9,180 (5) Cement Treated Base (5 th to Bluff Rd) & Ferguson Dr Overlay
$ 0
(6 ) Delay due to unmarked manhole cover $ 3,780 (7 ) Speed hump replacement – Design Change $ 20,277 (8 ) Additional work days due to material shortage $ 0 (9 ) Replace Type C loop detectors $ 2,654
(10) ADA Truncated Dome Pad replacement for existing curb ramps

$ 996

Total Changes in Work $ 573,477

Description of Changes:

(1) The project had been split into two phases. Phase 1 was from Vail Ave to 5 th St. Phase 2 was from 5 th St to Bluff Rd. The phasing was due to the replacement of the storm drain from 5 th St to Bluff Rd. Since the storm drain replacement was delayed by permits required by LA County Department of Public Works, Phase 1 was bid for construction to accelerate the completion of the majority of the project. The storm drain was recently replaced in an emergency contract following storm damage in December 2021. The storm drain replacement allowed the road resurfacing to be completed. This

ATTACHMENT A

additional work was approved by the City Council on April 13, 2022. (2) The contractor requested compensation for increased asphalt material cost that was beyond their control. The contractor submitted invoicing from the asphalt supplier demonstrating that the cost of asphalt material had increased since the original bid due to the sharp increase in the cost of petroleum. The increase was $15 per ton (from $60.41 to $75.41 per ton). The total increase for the project was $84,914. This increase was approved by the City Council on April 13, 2022.
(3) The contractor found an old buried pull box on the corner of Greenwood Ave and Beach St. To complete the work at the intersection, the old pull box needed to be removed and the cables from the traffic signal exposed. The contractor had to excavate a 21’x3’ trench at depth of 24-36” for traffic signal conduit/cable adjustments. The extra work was tracked by time and materials. (4) The Inspector directed to construct the curb ramps by pouring the curb & gutter separately from the ramp in order to achieve a better quality end product. This requires two separate mobilizations.
(5) The oversaturated condition of the native soil encountered from 5 th St to Bluff Rd required a design change. Cement Treated Base (CTB) was specified in lieu of removal of the existing asphalt and over-excavation to a depth of 18 inches. The consists of grinding and pulverizing the existing asphalt with 12 inches of soil and mixing in 6% of cement to achieve compaction prior to placing pavement. This resulted in a net credit in cost which was used to grand and overlay the pavement on Ferguson St from Pickering Rd to Vail Ave. The net result was a $0 change order.
(6) The contractor hit an unmarked manhole cover on Beach St. (not shown on plans) while grinding the pavement which damaged their equipment. The Inspector approved payment for downtime and the repair of the grinder teeth. (7) The original design of the speed hump was changed due to concerns from residents that the previous speed hump design was not effective in reducing the speeding in their neighborhood. The city approved a designed change to the speed humps and work was tracked by time and materials. This resulted in an extra cost of $5,069 per speed hump with a total of 4 speed humps within the limits of the project.
(8) The contractor requested an additional 30 working days due to unforeseen material shortage and abnormal material procurement times. There was no increase in cost for this change.
(9) An additional damaged loop detector (1) needed to be replaced that was not included in the original contract.
(10) During a field visit City staff discovered poor concrete under existing domes, and City staff asked the contractor to remove and replace the concrete area to be paid as Time and Materials.

Revised Contract Amount :

Original contract amount $ 926,849
Adjustment for Final Quantities $ -58,690
Actual contract work completed $ 868,159
Changes in work previously approved
Changes in work to be authorized
$ 533,389
$ 40,088

Revised contract amount $ 1,441,636
Percent total change to original contract amount 55 .6 %

ATTACHMENT B

BEACH STREET REHABILATION PROJECT
C.P. NO. 883

FINAL TOTAL PROJECT BUDGET

Project Expenses Final Cost
Design (West & Associates Engineering Inc.) – (Awarded
11/10/21) $ 247,700
Original Construction Contract (Gentry Brothers) – (Awarded 12/08/21) $ 926,849
Adjustment for Final Quantities Measured $ -58,690 Construction Change Orders - Approved 04/13/2022 $ 533,389 Construction Change Orders – (Recommended) $ 40,088 Construction Management/Inspection (AIM Consulting Services) – (Awarded 01/12/2022) $ 92,126
Additional Management/Inspection (AIM Consulting Services) $ 76,101 Miscellaneous Expenses:

Emergency Services/Sewer Inspection CCTV - Mr. Rooter
(Approved 1/11/23) $ 132,796
PR Traffic Solutions $ 1,395
JCL Traffic Services $ 974
South Montebello Irrigation District (Relocations) $ 13,244 Total Project Cost: $ 2,005,972

Project Funding Budget Amount
SB1 RMRA (Fund 201) - (Appropriated 08/12/2020) $ 1,036,244 SB1 RMRA (Fund 201) - (Appropriated 11/10/2021) $ 750,000 SB1 RMRA (Fund 201) - (Appropriated 12/08/2021) $ 1,450,000

Total Project Budget: $ 3,236,244

Note: The project was completed with $1,230,272 remaining balance. These funds will be available for reprogramming for other projects.

RECORDING REQUESTED BY

CITY OF MONTEBELLO

AND WHEN RECORDED MAIL TO

NAME CITY OF MONTEBELLO

CITY CLERK
STREET 1600 W Beverly Blvd.

ADDRESS
CITY Montebello,

STATE CA
ZIP 90640

SPACE ABOVE LINE FOR RECORDERS USE
________________________________________________________________________________________________________________________________________________

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requ irements.) Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is City of Montebello

3. The full address of the owner is 1600 W Beverly Blvd., Montebello, CA 90640

4. The nature of the interest or estate of the owner is: in fee.

(if other than Fee, strike “In fee” and insert, for example, “purchaser under contract of purchase”, or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

_______________________________________________________________________________________________

6. The full names and addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:

NAMES ADDRESSES
____________________________________________________________________________________________

7. A work of improvement on the property hereinafter described was completed on October 27, 2022. The general scope of work consisted of the removal and reconstruction of existing sidewalks, curb and gutters, drive approaches, curb ramps, cold milling and repaving the existing streets, adjustments of utility covers, installation of pavement markings and striping, curb painting, installation of traffic detection loops and installation of a Bio-swell retention basin.

8. The name of the contractor, if any, for such work of improvement was Gentry Brothers, Inc.

December 08, 2021
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

9. The property on which said work of improvement was completed is in the City of Montebello County of Los Angeles, State of CA, and is described as follows: Beach Street Rehabilitation Project CP 883

Director of Public Works / City Engineer, City of Montebello (Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent)

VERIFICATION

I, the undersigned, say: I am the City Clerk of the City of Montebello, the declarant of the foregoing Notice of Completion:

I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on_________________ , 2023 at City of Montebello, Montebello, CA __________________________________________________ (Personal signature of the individual who is swearing that the contents of the Notice of Completion are true)

DO NOT RECORD

REQUIREMENTS AS TO NOTICE OF COMPLETION

A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of improvement (to be computed exclusive of the day of completion), as provided in Civil Code Section 3093.

The “owner” who must file for record a notice of completion of a building or other work of improvement means the owner (or his successor in -interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title.

For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice.

If the ownership is in two or more persons as joint tenants or tenants is common, the notice may be signed by any one of the co -owners (in fact, the foregoing form is designed for giving of the notice by only one cotenant), but the names and addresses of the other co-owners must be stated in paragraph 5 of the form.

Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors.

In paragraphs 3, 5 and 6, the full address called for should include street number, city, county and state.

As to paragraphs 7 and 8, this form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows: (1) Strike the words “A work of improvement” from para graph 6 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e.g., “The foundations for the improvements”); (2) Insert the name of the contractor under the particular contract in paragraph 7.

In paragra ph 8 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor’s name need be given if there is n o general contractor, e.g., on so-called “owner-builder jobs.”

In paragraph 9, insert the full, legal descriptio n, not merely a street address or tax description. Refer to deed or policy of title insurance. If the space provided for description is not sufficient, a rider may be attached.

In paragraph 10, show the street address, if any, assigned to the property b y any competent public or governmental authority.

This standard form covers most usual problems in the field indicated. Before you sign, read it, fill in all blanks, and make changes proper to your transaction. Consult a lawyer if you doubt the form’s fitness for your purpose.

ITEM # 9

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: James Enriquez, Director of Public Works

SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE THE EXCHANGE AGREEMENT NO. 4071 WITH LA METRO OF FEDERAL SURFACE

TRANSPORTATION PROGRAM-LOCAL AND HIGHWAY

INFRASTRUCTURE PROGRAMS FUNDS

DATE: February 13, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Authorize the City Manager to execute the Exchange Agreement and Assignment of Federal Surface Transportation Program-Local and Highway Infrastructure Programs Funds; and

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

FISCAL IMPACT:

The City currently has available $502,363 of Federal Surface Transportation Program- Local (STP-L) and $297,852 of Highway Infrastructure Programs (HIP) funds that are eligible for the Los Angeles County Metropolitan Transportation Authority (LACMTA) fund exchange program. The total available for exchange is $800,215. LACMTA charges a 2% administration fee, leaving $784,211 available in Proposition C funding for the proposed project. Staff will appropriate these Prop C through the budget process once the exchange has been approved.

BACKGROUND/DISCUSSION:

The Los Angeles County Metropolitan Transportation Authority (“LACMTA”) administers Federal transportation funding and is currently offering cities the opportunity to exchange Federal funding for local Proposition C (Prop C) sales tax funds. The streets that are eligible for funding with Prop C do not change relative to the Federal funding sources.

However, the Prop C funds require much less administration by the City relative to

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

Federal funding, hence will be easier to spend.

LACMTA requires that the City designate the proposed project with the fund exchange agreement. Staff proposes the resurfacing of Plaza Drive between Montebello Boulevard and San Gabriel Boulevard. This street is eligible for Prop C funding and is severely deteriorated. It serves as one of the primary ingress and egress routes for the Montebello Town Center and for various bus routes.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City Council authorize the City Manager to execute the recommended Exchange Agreement of STP-L Funds and HIP Funds for Proposition C funds totaling $784,211 for the Plaza Drive Resurfacing Project.

ATTACHMENT(S)

1. Attachment A - Agr. No. 4071, Metro Exchange Agreement

NEXT STEPS:

N/A

Agreement Number 9200000000HIP2141
1 EXCHANGE AGREEMENT AND ASSI GNMENT OF FEDERAL SURFACE

TRANSPORTATION PROG RAM-LOCAL AND HIGHW AY INFRASTRUCTURE P

ROGRAMS FUNDS
This Exchange Agreement and Assignment of Federal Surface Transportation Program-Local and Highway Infrastructure Programs Funds ("AGREEMENT"), is made and entered into as of July 1, 2022, by and between the City of Monteb ello ("CITY") and the Los Angeles County Metropolitan Tran sportation Authority ("LACMTA").

RECITALS:

CITY is eligible for and has available Federal Surface Transportation Program-Local ("STP-L Funds") and Highway Infrastructure Programs funds ("HIP Funds").

A. CITY desires to exchange $502,363 of CITY's STP-L Funds ("STP-L Funds Balance") and its total allocation of $297,852 of CITY's HIP Funds ("HIP Funds Balance") that LACMTA approved on April 22, 2021 for a like total amount of $800,215 of LACMTA Local Transportation Funds ("LACMTA Funds").

B. LACMTA is willing to exchange $800,215 in LACMTA Funds for a like total amount of CITY's STP-L Funds and CITY's HIP Funds subj ect to the terms and conditions contained herein.

C. An exchange of CITY's STP-L Funds and CITY's HIP Funds with LACMTA Funds is beneficial to and in the general interest of CITY and LACMTA.

NOW THEREFORE, in consideration of the mutual benefits to be derived by CITY and LACMTA, and of the promises contained herein, it is hereby ag reed as follows:

AGREEMENT:

1. CITY hereby assigns to LACMTA $50 2,363 of CITY's STP-L Funds and $297,852 of CITY's HIP Funds. LACMTA shall be authorized to deduct such amounts from CITY's STP-L Funds Balance a nd CITY's HIP Funds Balance, respectively. This assignment shall be automatically effe ctive upon full execution of this AGREEMENT without the necessity of the execution, delivery or recording of any further instrument whatsoever.

Notwithstanding the foregoing, at LACMTA's re quest, CITY shall execute and deliver such documents and instruments as ma y be required to evidence such assignment of STP-L Funds and HIP Funds.

2. LACMTA hereby accepts CITY's assignment of CITY's STP-L Fu nds and CITY's HIP Funds for use on federal-aid eligible project(s), to be determined by LACMTA in its sole and absolute discretion.

CITY OF MONTEBELLO AGREEMENT NO. 4071

Agreement Number 9200000000HIP2141

2 3. Upon receipt of (i) a fully executed AGREEMEN T, (ii) CITY's written certification of the amounts of CITY's STP-L Funds Balance a nd CITY's HIP Funds Balance, as defined herein, which CITY's STP-L Funds Balance and CITY’s HIP Funds Balance show that CITY has sufficient STP-L Funds and HIP Funds to meet its obligations hereunder, and (iii) LACMTA's deduction of CITY's STP-L Funds and CITY's HIP Funds as provided in paragraph 1 above, LACMTA shall pay CI TY $784,211 of LACMTA Funds which includes the deduction for the processing fee described in paragraph 5 below. For purposes of this AGREEMENT, CITY's "STP-L Funds Balance" and CITY's "HIP Funds Balance" shall mean the amounts of funds contained in CI TY's STP-L Funds and CITY's HIP Funds accounts as of the date that this AGREEMENT is fully executed, which include CITY's apportionment share of FY22 STP-L Funds a nd share of HIP Funds from the federal Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) that was enacted on December 27, 2020. If the STP-L Funds Balance and HIP Funds Balance become insufficient to satisfy CITY's exchange oblig ations hereunder, CITY hereby authorizes LACMTA to deduct from CITY's future bala nce of STP-L funds until LACMTA has in the aggregate received the amount of CITY's STP- L Funds and CITY's HIP Funds specified in paragraph 1 above.

4. CITY must complete and submit an Automated Clearing House (ACH) form (Exhibit A) through LACMTA's website to allow LACM TA to make disbursements electronically.

Disbursements via ACH will be made at no co st to CITY. If electronic disbursements are not the preferred method of disbursement, CITY may request an exception in writing.

5. CITY shall pay LACMTA a two-percent (2%) processing and administrative fee (the "Processing Fee") in connection with the exch ange contemplated by this AGREEMENT.

The Processing Fee shall be assessed against the total amount of LACMTA Funds payable to CITY. CITY hereby authorizes LACMTA to deduct the Processing Fee from the amount LACMTA is to pay CITY hereunder.

6. CITY shall expend the LACMTA Funds on an STP-L and HIP Eligible Project and by the Lapsing Date, consistent with the Statem ent of Work, Schedule and Budget provided in Exhibit B. For the purposes of this AGREEMEN T, the "Lapsing Date" shall mean the date that is three (3) years from the date that this AGREEMENT is fully executed. Any LACMTA Funds not expended by the Lapsing Date shall lapse and be returned to LACMTA within thirty (30) days of the Lapsing Date for further programming to third parties as LACMTA determines in its sole discretion.

A. For the purposes of this AGREEMENT, th e term "Eligible Project" shall mean the transportation activities described in Exhibit B that: i) would normally qualify under Section 133(b) of Title 23, U.S.C: or ii) are for costs related to preventive maintenance, routine maintenance, debt service payments, availability payments, operations, personnel (including salaries of employees and those employees who have been placed on administrative leave, or contractors), and coverage for other revenue losses due to the coronavirus pandemic. Any other applicable federal regulations and standards related to procurement and project delivery issues may be substituted with applicable state and local regulations, standards, and policies.

Agreement Number 9200000000HIP2141

3 B. The term "expend" as used in Section 6 shall mean "encumbered by an awarded contract or paid for an eligible transportation activity".

C. If the LACMTA Funds have lapsed and CITY has not returned all or a portion of the lapsed LACMTA Funds to LACMTA, then CITY shall be considered to be in default and agrees that such outstanding payments shall be paid from CITY funds in the following priority: first, from any of CITY's unobligated HIP Funds Balance, then from CITY's STP-L Funds Balance, then from CITY's Proposition A local return funds, then from CITY's Proposition C local return funds, then from CITY's Measure R local return funds, and then from CITY's Measure M local return funds. If CITY is in default hereunder, in addition to all rights and remedies available to LACMTA at law or in equity and without further notice or ability to cure by CITY, CITY hereby authorizes LACMTA to withhold the applicable HIP, STP-L or local return funds in the amount needed to satisfy the outstanding amount of lapsed LACMTA F unds due and owing to LACMTA prior to LACMTA transferring the balance of su ch funds to the CITY in accordance with the applicable state laws or ordinances.

7. CITY must use the LACMTA Funds in the most cost-effective manner. If CITY intends to use a consultant or contractor to implement all or part of the STP-L and HIP Eligible Project, LACMTA requires that such activities be procured in accordance with CITY's contracting procedures and be consiste nt with State law as appropriate. CITY will also use the LACMTA Funds in the most co st-effective manner when the LACMTA Funds are used to pay "in-house" staff time. CITY staff or consultants with project oversight roles may not award work to companies in which they have a financial or personal interest. This effective use of funds provision will be verified by LACMTA through on-going project monitoring and through any LACMTA interim and final audits.

8. LACMTA, and/or its designee, shall have the right to conduct audits of CITY's use of the LACMTA Funds, as deemed appropriate, such as financial and compliance audits; interim audits; pre-award audits, performance audits, and final audits. CITY agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accep ted Accounting Principles (GAAP). CITY's records shall include, without limitation, a ny supporting evidence deemed necessary by LACMTA to substantiate CITY's use of LACM TA Funds. These records must be retained by CITY for five years following CITY's la st use of the LACMTA Funds. CITY shall reimburse LACMTA for any expenditure not in compliance with the Scope of Work and/or not in compliance with other terms and conditi ons of this AGREEMENT. The eligibility of costs for CITY's own expenditures submitted to LACMTA for the Eligible Project shall be in compliance with Office of Management and Budget (OMB) Circular A-87 (relocated to Title 2 in the Code of Federal Regulations, Su btitle A, Chapter II, part 225). The eligibility of costs for CITY's contractors, consultants, and suppliers expenditures submitted to LACMTA through CITY's Monthly Progress Reports and Quarterly Expenditures shall be in compliance with OMB Circular A-87 (as re located) or Federal Acquisition Regulation (FAR) Subpart 31 (whichever is applicable). Findings of the LACMTA audit are final.

When LACMTA audit findings require CITY to return monies to LACMTA, CITY agrees to

Agreement Number 9200000000HIP2141

4 return the monies within thirty (30) days after the final audit is sent to CITY.

9. The terms of this AGREEMENT shall commence on the date that this AGREEMENT is fully executed and shall terminate once CITY has expended all the LACMTA Funds and all LACMTA audit and reporting requirements have been satisfied.

10. CITY shall fully indemnify, defend and hol d LACMTA and its officers, agents, and employees harmless from and against any liability and expenses, including, without limitation, defend costs, any costs or liability on account of bodily injur y, death or personal injury of any person, or for damages of any natu re whatsoever arising out of (i) a breach of CITY's obligations under this AGREEMENT; or (ii) any act or omi ssion of CITY or its officers, agents, employees, contractors, or subcontractors in the use of the LACMTA Funds.

11. LACMTA shall fully indemnify, defend and hold CITY and its officers, agents, and employees harmless from and against any liability and expenses, including, without limitation, defend costs, any costs or liability on account of bodily injury, death or personal injury of any person, or for damages to or loss of risk of property, an y environmental obligations, any legal fees and any claims for damages of any nature whatsoever arising out of (i) a breach of LACMTA's obligations under this AGREEMENT; or (ii) any act or omission of LACMTA or its officers, agents, employees, contractors, or subcontractors in the use of CITY's STP-L Funds and CITY's HIP Funds.

12. This AGREEMENT may be amende d or modified only by mutual written consent of LACMTA and CITY.

13. Any correspondence, communication, or contact concerning this AGREEMENT shall be directed to the following:

CITY OF MONTEBELLO
Alexis Lucero, Senior Management Analyst
City of Montebello
1600 W. Beverly Boulevard
Montebello, CA 90640
LACMTA
Michael Richmai
Senior Manager, Countywide Planning and Development
One Gateway Plaza (Mail Stop: 99-23-3)
Los Angeles, California 90012-2952
[email protected]

14. This AGREEMENT shall be interpreted and governed by the laws of the State of California.

15. This AGREEMENT constitutes the entire understanding between the parties with respect to the subject matter herein.

Agreement Number 9200000000HIP2141

5 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers as of the date stated below.

LOS ANGELES COUNTY CITY OF MONTEBELLO

METROPOLITAN TRANSPORTATION

AUTHORITY

By: By:

Stephanie N. Wiggins Ren é Bobadilla
Chief Executive Officer City Manager

APPROVED AS TO FORM: APPROVED AS TO FORM:

Dawyn R. Harrison Arnol d M. Alvarez-Glasman
Acting County Counsel City Attorney

By: By:

Deputy City Attorney

Agreement Number 9200000000HIP2141
Exhibit A

AUTOMATED CLEARING HOUSE (ACH) PAYMENT AUTHORIZATION

Agreement Number 9200000000HIP2141
Exhibit A

AUTOMATED CLEARING HOUSE (ACH) PAYMENT AUTHORIZATION

Agreement Number 9200000000HIP2141
Exhibit A

AUTOMATED CLEARING HOUSE (ACH) PAYMENT AUTHORIZATION

Agreement No. 9200000000HIP2141
Exhibit B

STATEMENT OF WORK

Project Title: Plaza Drive Reconstruction

Project Description:

Reconstruction of deteriorated asphalt pavement on Plaza Drive between Montebello Boulevard and San Gabriel Boulevard, including removal of existing asphalt pavement section and construction of new asphalt and road base with minor sidewalk repairs. This street serves Montebello Transit and Foothill Transit bus routes and is severely deteriorated.

Project Schedule:

Advertise April 2023
Award Contract June 2023
Start Construction Jul y 2023
Complete Construction September 2023

Project Funding:

LACMTA Funds* $784,211
Total Project Funding $784,211

*Net of 2% processing and administrative fee.

Agreement No. 9200000000HIP2141
Exhibit B
Project Map:

ITEM # 10

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: Joseph Palombi, Director of Planning & Community Development

SUBJECT: WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 2461

AMENDING THE GENERAL PLAN AND ZONING DESIGNATION (CASE
NO. “PC-2022-0004-GPA-ZC-SPR”) FOR THE PROPERTY LOCATED AT 844 SOUTH GREENWOOD AVENUE TO ALLOW THE
CONSTRUCTION OF TWELVE (12) RESIDENTIAL DWELLING UNITS

DATE: February 13, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Waive Second Reading and Adopt Ordinance No. 2461 approving a General Plan Amendment (“GPA”) and Zone Change (“ZC”) (Case No. PC-2022-0004-GPA-ZC- SPR) for the property located at 844 S. Greenwood Avenue (“Project Site”); and

2. FIND and DETERMINE the GPA and ZC to be statutorily exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) considering that CEQA only applies to projects which have the potential for causing a significant effect on the environment; and

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

FISCAL IMPACT:

There is no fiscal impact associated with the approval of a General Plan Amendment and Zone Change for the property located at 844 South Greenwood Avenue.

BACKGROUND/DISCUSSION:

On December 6, 2022, the Planning Commission held a duly noticed public hearing and considered the proposal for a General Plan Amendment, Zone Change, and Site Plan Review (Case No. PC-2022-0004-GPA-ZC-SPR) to: 1) amend the General Plan designation from low density residential to high density residential, 2) change the zoning

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

designation from R-1 (Single-Family Residential) to R-3 (Multifamily Residential), and 3) allow the construction of twelve (12) dwelling units at 844 S. Greenwood Avenue. The Planning Commission approved a Site Plan Review and recommended that the City Council approve GPA and ZC (Case No. PC-2022-0004-GPA-ZC-SPR). Approval of the Site Plan Review is contingent upon the City Council’s approval of the GPA and ZC. The action of the Planning Commission was taken by a 3-0-0-1 vote with 3 members voting in favor of the proposal and 1 member being absent.

On January 25, 2023, the City Council held a duly noticed public hearing and unanimously approved Ordinance No. 2461 approving the GPA and ZC to allow the development of twelve (12) residential dwelling units (Case No. PC-2022-0004-GPA-ZC- SPR) for the property located at 844 South Greenwood Avenue within the City of Montebello.

ENVIRONMENTAL:

Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed General Plan Amendment and Zone Change (Case No. PC-2022-0004-GPA-ZC-SPR) before the City Council today are not considered a project per the CEQA definition of a project since the activity is statutorily exempt per CEQA Section 15061(b)(3) (Common Sense Exemption). CEQA only applies to projects which have the potential to cause a significant effect on the environment. No physical changes will occur as a result of the proposed General Plan Amendment and Zone Change. The Planning Commission determined that the related Site Plan Review for the construction of twelve (12) units is Categorically Exempt from CEQA under Section §15332 (In-Fill Development Projects).

Here, the City Council is specifically being asked to determine and find that the proposed General Plan Amendment and Zone Change are also exempt.

ANALYSIS:

The Project Site is located approximately 980 feet from the intersection of South Greenwood Avenue and Washington Boulevard within the R-1 (Single-Family Residential) zone. The elongated rectangular shaped lot is approximately 36,150 square feet in size and is currently developed with a 740 square foot single-family home. The Project Site is surrounded by multi-family developments zoned for R-3 to the north, south, and west. Single-family homes zoned for R-1 are adjacent to and abut the east and southeast portion of the Project Site. There is an R-1 zoned lot developed with three (3) duplexes immediately to the north of the Project Site.

The Applicant is requesting to change the General Plan designation from Low Density Residential to High Density Residential and to change the zoning designation from R-1 (Single-Family Residential) to R-3 (Multi-Family Residential). Concurrently, the Applicant submitted a Site Plan Review to allow the construct of twelve (12) for rent dwelling units at the Project Site. The Site Plan Review entitlement only requires the review and approval of the Planning Commission, however, such entitlement is contingent upon the City Council’s approval of the GPA and ZC. The proposed zoning, general plan amendment, and density is compatible with the surrounding area considering that there

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

are a significant number of multi-family developments within the immediate vicinity.

As shown in the attached site plan (Attachment E), the configuration of the twelve (12) dwelling units will consist of four (4) detached, two-story (2-story) buildings, with three (3) dwelling units per building. Each proposed building is approximately 7,194 square feet with approximately 2,361 square feet per unit. The proposed lot coverage for the Project Site is forty-five (45) percent, which is under the allowed sixty (60) percent lot coverage.

The proposed floor plan will consist of a living room, kitchen, dining area, a powder room and a two-car garage on the first floor. The second floor will consist of a master bedroom suite, two (2) bedrooms, one (1) double vanity bathroom, laundry facilities, and a 77 square foot balcony for each unit. The proposed building height is approximately 25 feet, which will not exceed the allowed height for the proposed zone. Additionally, each unit will be equipped with a private open space ranging from approximately 355-450 square feet. The proposed building architectural treatments will include: a Spanish tile roof, stucco finish, foam trim around the windows, decorative stone on the front façade, decorative entry doors and wooden garage doors.

Per the Montebello Municipal Code (MMC) Chapter 17.52, the proposed project is required to provide two (2) enclosed parking spaces per unit, plus one (1) visitor parking for every three (3) dwelling units. The development as proposed will provide a total of twenty-eight (28) parking spaces, which includes twenty four (24) covered parking spaces and four (4) uncovered visitor parking spaces. Should the City Council consider approving the proposed General Plan amendment and Zone Change, the project as proposed, meets and/or exceeds the required development standards for an R-3 Multi- Family zoned property and will be consistent with the intent of the MMC Chapter 17.10.

GENERAL PLAN LAND USE AND HOUSING ELEMENT

The General Plan Land Use designation for the Project Site is Low Density Residential with a proposed amendment to change the designation to High Density Residential. The following General Plan Land Use Element and Housing Element goals and policies are applicable to the proposed development:

General Plan Land Use Element Goal #1 is “to formulate a plan which is responsive to the needs of the community and which permits the orderly arrangement of land uses, permitting sufficient areas for reasonable development.”

General Plan Land Use Residential Policy #1 states that “residential development should aim for the density standards outlined in the Housing Element of the General Plan.”

General Plan Housing Element Goal #2 is to “increase housing production to improve affordability for the City’s current and future residents.”

General Plan Land Use Residential Policy #3 states that “opportunities for a variety of living needs should be available in various locations throughout the City".

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

General Plan Housing Element Policy #2.6 states that “the City shall streamline entitlement and permitting processes to reduce the cost of new housing and to accelerate housing production.”

The proposed project conforms to the City of Montebello General Plan Land Use and Housing Elements in that the proposed development will allow for the more reasonable development of the lot on which the project is proposed, provide additional housing opportunities, and add to the variety of housing types available in the City. The Project Site is relatively large and is currently surrounded by other multiple family residential uses, with some single family properties also present in the vicinity. Allowing the proposed general plan amendment and zone change to allow the development of twelve (12) units will contribute to the more orderly arrangement of the parcels in the vicinity and the addition of housing will slightly alleviate the need for housing in the area. Additionally, the increased housing production in the area could potentially improve the affordability for the City’s current and future residents by increasing the overall supply of housing in the City. Allowing the project to move forward as proposed is also consistent with Housing Element Policy #2.6 which states that the City shall accelerate housing production.

FINDINGS

Pursuant to Chapter 17.76 (Zone Changes and Amendments) of the MMC, the application for a zone change shall be made on a form provided by the City. The City’s application for zone changes requires the applicant to thoroughly respond to the following items:

1. Describe how the proposed Zone Change is consistent with the objectives and policies of the General Plan;

The zone change is consistent with the objectives and policies of the General Plan in that the density is appropriate to the neighborhood and the surrounding uses. The General Plan Land Use and Housing Element analysis provided above further demonstrates how the proposed zone change is consistent with the objectives and policies of the General Plan. Additionally, the site is physically suitable for the proposed zone change and the increased density should not pose any significant issues for the surrounding parcels considering that there is already a significant number of multiple family residences in the area. The proposed zone change will not conflict with any easements.

2. Detail why the proposed Zone Change is necessary;

The Zone Change is necessary because the proposed project is not achievable under the current zoning designation of the property (R-1). Under the City of Montebello’s R-1 standards, the maximum allowable density of the lot is one (1) dwelling unit whereas under the R-3 standards, one (1) dwelling unit is allowed per 3,000 square feet of lot

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

area. Considering that the size of the lot is approximately 36,000 square feet, the proposed Zone Change will allow for the more reasonable development of the site.

3. Describe how the proposed Zone Change will not create problems harmful to the public health, safety, and general welfare;

The existing site has been constructed as a single family residence with a very large backyard since 1938. The Zone Change and subsequent development would not create problems for public health and safety and may actually reduce problems related to public safety because the large backyard is currently unsupervised and is subject to unlawful use and dumping. The proposed Zone Change and development could also be beneficial to the public health, safety, and general welfare by bringing in more investment money in the area, bringing in construction and related jobs, as well as by providing much needed housing. The adjacent properties have been built to sustain medium and higher densities and the proposed project would allow for more continuity to be present along Greenwood Avenue. The proposed Zone Change and development is in compliance with the R-3 zone and all other sections of the MMC which will ensure that the project will not create problems harmful to public health, safety, and general welfare.

SUMMARY:

Staff is requesting the City Council waive second reading and adopt Ordinance No. 2461 approving the General Plan Amendment and Zone Change under Case No. PC-2022- 0004-GPA-ZC-SPR for the property located at 844 S. Greenwood Avenue to allow the related Site Plan Review approved by the Planning Commission to move forward.

Additionally, staff is requesting the City Council find and determine the GPA and ZC to be statutorily exempt from the CEQA under section 15061(b)(3) (Common Sense Exemption) considering that CEQA only applies to projects which have the potential for causing a significant effect on the environment.

ATTACHMENT(S)

1. Attachment A - Ordinance No. 2461 (PC-2022-0004-GPA-ZC-SPR)

2. Attachment B - 844 S. Greenwood Site Plan and Elevations

3. Attachment C - Executed Planning Commission Resolution No. 16-22

4. Attachment D - Executed Planning Commission Resolution No. 15-22

5. Attachment E - Final CC Public Hearing Notice - 844 S. Greenwood

6. Attachment F- CEQA NOE - 844 S. Greenwood Avenue

NEXT STEPS:

N/A

ORDINANCE NO. 2461

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA APPROVING GENERAL PLAN
AMENDMENT (“GPA”) AND ZONE CHANGE (“ZC”) (“CASE NO. PC- 2022-0004-GPA-ZC-SPR”) TO AMEND THE GENERAL PLAN LAND

USE DESIGNATION FROM LOW DENSITY RESIDENTIAL TO HIGH

DENSITY RESIDENTIAL AND CHANGE THE ZONING DESIGNATION
FROM R-1 (SINGLE FAMILY) TO R-3 FOR THE PROPERTY LOCATED AT 844 SOUTH GREENWOOD AVENUE (“PROJECT SITE”), AND

FINDING THAT THE GENERAL PLAN AMENDMENT AND ZONE

CHANGE ARE STATUTORILY EXEMPT UNDER CEQA SECTION
15061(B)(3) (COMMON SENSE EXEMPTION).

WHEREAS, the City of Montebello (“City”) received an application from John Mark Construction Company, Inc. (“Applicant”) for a General Plan Amendment, Zone Change, and Site Plan Review (Case No. PC-2022-0004-GPA-ZC-SPR) to: 1) amend the General Plan designation from low density residential to high density residential, 2) change the zone zoning designation from R-1 (Single Family Residential) to R-3 (Multi-family Residential), and 3) allow the construction of twelve (12) dwelling units at the project site (“Project”) located at 844 S. Greenwood Avenue (“Project Site”); and WHEREAS, pursuant to Montebello Municipal Code (“MMC”) Chapter 17.76, the reclassification of specific properties from one zone to another can be initiated by motion of City of Montebello Planning Commission (“Planning Commission”) based upon its decision as to whether the public interest, convenience and necessity so requires the change of zone; and
WHEREAS, pursuant to MMC Chapter 17.76, the Planning Commission needs to recommend a specific course of action to the City Council after a public hearing has been conducted on any proposed zone change or amendment; and WHEREAS, on December 6, 2022, the Planning Commission held a duly noticed public hearing and adopted Planning Commission Resolution No. 16-22 recommending that the City Council approve General Plan Amendment and Zone Change Case No. PC- 2022-0004-GPA-ZC-SPR; and
WHEREAS, pursuant to Section 21067 of the Public Resources Code, and Section 15367 of the State California Environmental Quality Act (“CEQA”) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City of Montebello is the lead agency for the proposed Project; and

ORDINANCE NO. 2461

WHEREAS, the GPA and ZC (PC-2022-0004-SPR-ZC-GPA) are not considered a "project," as per the CEQA definition of a "project" since the activity is statutorily exempt per CEQA Section 15061(b)(3) (Common Sense Exemption) and no physical changes will occur as a result of the activity; and
WHEREAS, on January 25, 2023, the City Council conducted a duly noticed public hearing on the proposed general plan amendment and zone change, at which the City Council received and considered staff presentations, recommendations, public testimony, and all other substantial evidence presented at the public hearing and included in the record for this matter; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY ORDAINS AS FOLLOWS:

SECTION 1. RECITALS. The foregoing recitals are true and correct and are hereby incorporated as substantive findings in this Ordinance.

SECTION 2. FINDINGS.

A. Pursuant to Chapter 17.76 (Zone Changes and Amendments) of the MMC, the application for a zone change shall be made on a form provided by the City.

The City’s application for zone changes requires the applicant to thoroughly respond to the following items, which are hereby incorporated as substantial findings of the City Council:

1. Describe how the proposed Zone Change is consistent with the objectives and policies of the General Plan;
The zone change is consistent with the objectives and policies of the General Plan in that the density is appropriate to the neighborhood and the surrounding uses.

The General Plan Land Use and Housing Element analysis provided in the staff report further demonstrate how the proposed zone change is consistent with the objectives and policies of the General Plan. Additionally, the site is physically suitable for the proposed zone change and the increased density should not pose any significant issues for the surrounding parcels considering that there is already a significant number of multiple family residences in the area. The proposed zone change is not likely to cause any substantial environmental damage, to cause any serious public health problems. Additionally, the proposed zone change will not conflict with any easements.

ORDINANCE NO. 2461

2. Detail why the proposed Zone Change is necessary;
The Zone Change is necessary because the proposed project is not achievable under the current zoning designation of the property (R-1). Under the City of Montebello’s R-1 standards, the maximum allowable density of the lot is one (1) dwelling unit whereas under the R-3 standards, one (1) dwelling unit is allowed per 3,000 square feet of lot area. Considering that the size of the lot is approximately 36,000 square feet, the proposed Zone Change will allow for the more reasonable development of the site.

3. Describe how the proposed Zone Change will not create problems harmful to the public health, safety, and general welfare;
The existing site has been constructed as a single-family residence with a very large backyard since 1938. The Zone Change and subsequent development would not create problems for public health and safety and may actually lessen problems related to public safety because the large backyard is currently unsupervised and is subject to unlawful use and dumping. The proposed Zone Change and development can also be beneficial to the public health, safety, and general welfare by bringing in more investment money in the area, bringing in construction and related jobs, as well as by providing much needed housing. The adjacent properties have been built up to sustain medium and higher densities and the proposed project would allow for more continuity to be present down Greenwood Avenue. The proposed Zone Change and development is in compliance with the R-3 zone development standards by providing the required open space, parking and setbacks to ensure that the project will not pose any impacts to the public health, safety, and general welfare for the surrounding neighborhood.

SECTION 3. CEQA. The City Council hereby determines and finds that the project is statutorily exempt from CEQA under section 15061(b)(3) (Common Sense Exemption) considering that this section stipulates that CEQA only applies to projects which have the potential for causing a significant effect on the environment. No physical changes will occur as a result of the proposed GPA and ZC. It should be further noted that during the duly noticed Planning Commission public hearing, the Planning Commission also found the related Site Plan Review for the contemplated Project to be Categorically Exempt per Section §15332 (In-Fill Development Projects).

SECTION 4. GENERAL PLAN LAND USE MAP AND ZONE MAP. City staff is hereby directed to amend the City’s official General Plan Land Use Map and Zoning Map and amend the General Plan Map from Low Density Residential to High Density Residential and Zoning Map from R-1 (Single Family Residential) to R-3 (Multi-family Residential) for the property located at 844 South Greenwood Avenue.

ORDINANCE NO. 2461

SECTION 5. SEVERABILITY. If any action, subsection, line, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid or unconstitutional, either facially or as applied, by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every individual section, subsection, line, sentence, clause, phrase, or word without regard to any such division.

SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after final approval by the City Council.

PASSED, APPROVED AND ADOPTED 13TH DAY OF FEBRUARY 2023. _______________________________
David N. Torres, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ ____________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney I HEREBY CERTIFY that the foregoing Ordinance was introduced at the regular meeting of the City Council on the 25th day of January, 2023, and was adopted by the City Council of the City of Montebello at its meeting held on the 13 th day of February, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Christopher Jimenez, City Clerk

PROJECT:

PROJECTADDRESS:CLIENT:

SHEET:PAGE #:

DRAWN BY:ANTHONY SANCHEZDATE:
844 S Greenwood AveMontebello, CA 90640
SCALE: JOHN MARK CONSTRUCTION CO. 125 N. MARENGO AVE PASADENA, CA 91101 CHANGE IN ZONE, RE-DEVELOPPROPERTY WITH 12 SINGLE FAMILYRESIDENCE ON A SINGLE PARCEL JULIO JUAREZ17785 CENTER COURT DR (N) SUITE 120 CERRITOS, CA 90703 9/28/2022
A-21/16" = 1'

PROPOSEDSITE PLAN
PROPOSED SITE PLANSCALE: 1/16" = 1'N
UNIT #1UNIT #2UNIT #3UNIT #4UNIT #5UNIT #6UNIT #7UNIT #8UNIT #9UNIT #10UNIT #11UNIT #12 PRIVATE Open Space (Sq Ft) COMMON Open Space (Sq Ft)WALKWAY

FRONT PORCHNORTH LANDSCAPESOUTH LANDSCAPENORTH WALKWAY

BALCONY

DRIVEWAYPARKING LOTEAST LANDSCAPEWEST LANDSCAPELANDSCAPE (BETWEEN BUILDINGS) 313131313131313131313131 2232223857681,72411,6072,057599997486 27553857314737553857313738383738 223208222223208222224224222286 475557575557 6868686868686868686868 DUMPSTER AREA406
TOTAL:3722,707438656816
PRIVATE OPEN AREA: 3,799 Sq FtPAVEMENT:TOTAL OF HARDSCAPE AND LANDSCAPED AREAS: 22,936 Sq FtTOTAL DRIVEWAY, PARKING, AND DUMPSTERS: 14,070 Sq Ft FOOTPRINT: 13,184 Sq FtBUILDINGS:ROOFED AREA: 16,310 Sq Ft

A-8.0
PROJECT:

PROJECT
ADDRESS:

CLIENT:

SHEET:

PAGE #:

DRAWN BY:

ANTHONY SANCHEZ
DATE:
9/23/2022
844 S Greenwood Ave
Montebello, CA 90640
SCALE:

RENDERINGS OF SOUTH

ELEVATION
JOHN MARK CONSTRUCTION CO.
125 N. MARENGO AVE
PASADENA, CA 91101

CHANGE IN ZONE, RE-DEVELOP
PROPERTY WITH 12 SINGLE FAMILY

RESIDENCE ON A SINGLE PARCEL

JULIO JUAREZ
17785 CENTER COURT DR (N) SUITE 120
CERRITOS, CA 90703

SOUTH ELEVATION - RENDERINGS
REMOVED BEEN HAS SIDEWALK SOUTH AND SLIGHTLY VARY WILL DIMENSIONS FINISHES. PROPOSED SHOW RENDERINGS *NOTE

Lighted Address PlaqueLighted Address PlaqueLighted Address Plaque

D AAAAAA
D BE1E11
DownspoutArchitectural Foam TrimDownspoutArchitectural Foam TrimDownspout Enclosed Eave withArchitectural Foam TrimEnclosed Eave withArchitectural Foam Trim 1 222
11 333333333 DD
333 333
4 77
5 5665
123456
StuccoWood Garage DoorArchitectural Foam Trim (Around Windows)Spanish Style Roofing TileMetal GuttersArchitectural Foam Trim (Enclosed Overhang)7Decorative Iron MATERIAL LIST:
4 AAAAAAAAAAAA
BBB CCCCCC 11111 3
3333333333
33333 333 333333
5 5
8Siding
5888
123456
StuccoWood Garage DoorArchitectural Foam Trim (Around Windows)Spanish Style Roofing TileMetal GuttersArchitectural Foam Trim (Enclosed Overhang)7Decorative Iron MATERIAL LIST:8Siding
TYP SOUTH ELEVATION - BUILDINGS "A" & "D"SCALE: 1/4" = 1' SCALE: 1/4" = 1'
B B
3 3
TYP NORTH ELEVATION - BUILDINGS "A" & "D"
Address PlaqueAddress PlaqueAddress Plaque
A-5.0
PROJECT:

PROJECTADDRESS:CLIENT:

SHEET:PAGE #:

DRAWN BY:ANTHONY SANCHEZDATE:
844 S Greenwood AveMontebello, CA 90640
SCALE:1/4" = 1'
SOUTH AND NORTH ELEVATIONS (BUILDING A & D) JOHN MARK CONSTRUCTION CO. 125 N. MARENGO AVE PASADENA, CA 91101 CHANGE IN ZONE, RE-DEVELOPPROPERTY WITH 12 SINGLE FAMILYRESIDENCE ON A SINGLE PARCEL JULIO JUAREZ17785 CENTER COURT DR (N) SUITE 120 CERRITOS, CA 90703 9/28/2022

Lighted Address PlaqueLighted Address PlaqueLighted Address Plaque

D AAAAAA
D B1E11
DownspoutArchitectural Foam TrimDownspoutArchitectural Foam TrimDownspout Enclosed Eave withArchitectural Foam TrimEnclosed Eave withArchitectural Foam Trim 1 222
11 333333333 DD
333 333
4 77
5 5665
123456
StuccoWood Garage DoorArchitectural Foam Trim (Around Windows)Spanish Style Roofing TileMetal GuttersArchitectural Foam Trim (Enclosed Overhang)7Decorative Iron MATERIAL LIST:
4 AAAAAAAAAAAA
BBB CCCCCC 11111 3
3333333333
3333 333 333333
5 5
8Siding
588
123456
StuccoWood Garage DoorArchitectural Foam Trim (Around Windows)Spanish Style Roofing TileMetal GuttersArchitectural Foam Trim (Enclosed Overhang)7Decorative Iron MATERIAL LIST:8Siding
TYP SOUTH ELEVATION - BUILDINGS "B" & "C"SCALE: 1/4" = 1' SCALE: 1/4" = 1'
B B
3 3
TYP NORTH ELEVATION - BUILDINGS "B" & "C"
3 8
Address PlaqueAddress PlaqueAddress Plaque
A-5.1
PROJECT:

PROJECTADDRESS:CLIENT:

SHEET:PAGE #:

DRAWN BY:ANTHONY SANCHEZDATE:
844 S Greenwood AveMontebello, CA 90640
SCALE:1/4" = 1' JOHN MARK CONSTRUCTION CO. 125 N. MARENGO AVE PASADENA, CA 91101 CHANGE IN ZONE, RE-DEVELOPPROPERTY WITH 12 SINGLE FAMILYRESIDENCE ON A SINGLE PARCEL JULIO JUAREZ17785 CENTER COURT DR (N) SUITE 120 CERRITOS, CA 90703 9/28/2022

SOUTH AND NORTH ELEVATIONS (BUILDING B & C)

CITY OF MONTEBELLO CITY COUNCIL

NOTICE OF PUBLIC HEARING

NOTICE TO CONSIDER A GENERAL PLAN AMENDMENT & ZONE CHANGE CEQA Guidelines § 15061(b)(3)

NOTICE IS HEREBY GIVEN that the City of Montebello City Council (the “City Council”) will conduct a public hearing regarding the General Plan Amendment and Zone Change (Case No. PC -2022-0004-SPR-ZC- GPA) for the property located at 844 S. Greenwood Avenue, Montebello, California 90640. The Public Hearing will be held in the Council Chamber of the City Council located at 1600 W. Beverly Blvd .

PUBLIC HEARING INFORMATION:

Date: Wednesday, January 25, 2022
Time: 6:00 p.m., or as soon as possible thereafter as the matter can be heard Place: City Hall Council Chambers, 1600 W. Beverly Blvd., Montebello, CA 90640

PROJECT DESCRIPTION: The project site is an approximately .83-acre (36,150 square feet) parcel and is currently developed with one 740 square foot single-family home. The proposed project would demolish the existing single-family home and construct twelve (12) for rent dwelling units (14.46 dwelling units per acre). As a part of the proposal, the applicant seeks to change the General Plan designation of the property from Low Density Residential to High Density Residential and to change the zoning designation from R-1 (Single-Family Residential) to R-3 (Multi-Family Residential). The twelve (12) for rent dwelling units would be located within four (4) detached, two-story buildings with a building coverage of 45% of the site and a building height of 24’ – 6”. Parking would be provided per the City’s parking requirements, with a total of 28 parking spaces: 2 enclosed residential parking spaces within a garage per unit plus 4 parking spaces for guests (3 standard visitor parking spaces and 1 handicap parking). The project includes the following discretionary reviews: General Plan Amendment and Zone Change.

APPLICANT: John Mark Construction Company, Inc.

ENVIRONMENTAL: Pursuant to the California Environmental Act (CEQA), the project is statutorily exempt from CEQA under section 15061(b)(3) (Common Sense Exemption) considering that CEQA only applies to projects which have the potential for causing a significant effect on the environment. No physical changes will occur as a result of the proposed General Plan Amendment and Zone Change.

For those interested in making public comments, you may address the City Council in person during the public comment period or public testimony period for public hearings by attending the Montebello Council Chambers at 1600 W. Beverly Blvd., Montebello, California on Wednesday, January 25, 2022 at 6:00 p.m. In addition, the City has created an email address ([email protected]) where the public can submit written public comments no later than Wednesday, January 25, 2022 at 3:00 p.m. These comments may not be read aloud but will be entered into the record and submitted to all members of the City Council. The email address for City Council meetings can be located on the City’s webpage under the City Clerk tab, https://www.montebelloca.gov/departments/administration/city_clerks_office/city_council_successor_agency_me etings . If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to, the Public Hearing. The proposed material is available by contacting the City Clerk’s Office at 323 - 887-1216.
_______________________________
Alicia Fernandez, Deputy City Clerk

Date Published: January 12, 2022

Notice of CEQA Exemption

City of Montebello
To:

County of Los Angeles
Registrar-Recorder/County Clerk
12400 Imperial Highway
Norwalk, CA 90650
From:

City of Montebello
Planning & Community Development Department
1600 W. Beverly Blvd.

Montebello, CA 90640

Lead Agency: City of Montebello Planning and Community Development Department Project Title: 844 S. Greenwood Multifamily Residential Project Project Location: 844 S. Greenwood Avenue
Case Number(s): PC-2022-0004-GPA-ZC-SPR & ENV No. 03-22-CE

Description of Nature, Purpose, and Beneficiaries of Project: The project involves changing the General Plan designation of the project location from low density residential to high density residential and changing the zone of the property from R- 1 (single family residential) to R -3 (multifamily residenti al) to facilitate the construction of twelve (12) dwelling units on behalf of the property owner, Julio Juarez.

Name of the Public Agency Approving the Project: City of Montebello Name of Person or Agency Carrying Out the Project: Jack Kozakar on behalf of John Mark Construction Company, Inc.

Exempt Status (check one)
Ministerial (Sec. 21080(b)(1); 15268(b)(3))
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number:

Statutory Exemptions. State code number:

Common Sense Exemption. Section number: CEQA Section §15061(b)(3)

Justification for Project Exemption:

The project is considered covered by the common sense exemption found under CEQA Section §15061(b)(3). The common sense exemption section states that “CEQA applies only to projects which have the potential for causing a significant effect on the environment” and also states that “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The proposed General Plan Amendment and Zone Change do not have the potential to degrade the quality of the environment or have a significant effect on the environment. Additionally, a separate Notice of Exemption has been prepared for the Site Plan Review related to the construction of the twelve (12) residential units proposed at the site and the Planning Commission found this portion of the project to be exempt from CEQA pursuant to CEQA Section §15300.2 (In-Fill Development Projects).

Lead Agency Contact Person: Joseph Palombi, Director of Planning & Community Development Area Code/Telephone/Extension: (323) 887-1478
If filed by applicant, attach certified document issued by the Planning and Community Development Department stating that the Department has found the project to be exempt.

Signature: ____________________________ Date: ______________ Title: _______________________

Signed by Lead Agency Signed by Applicant

ITEM # 11

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: Joseph Palombi, Director of Planning & Community Development

SUBJECT: ADOPT RESOLUTION NO. 23-12, DECLARATION OF SURPLUS LAND FOR CITY-OWNED PROPERTY LOCATED AT 612 W. WHITTIER
BOULEVARD, MONTEBELLO, CALIFORNIA 90640

DATE: February 13, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt Resolution No. 23-12 declaring City-owned property located at 612 W.

Whittier Boulevard, Montebello, California surplus land pursuant to Government Code Section 54221(b)(1); and

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

FISCAL IMPACT:

There is no fiscal impact associated with this action.

BACKGROUND/DISCUSSION:

The City-owned property and its improvements at 612 W. Whittier Boulevard within the City of Montebello (the “Property” also identified as Los Angeles County Assessor’s Parcel No. 6346-027-904) is located along the Whittier Boulevard commercial corridor and within the proposed Downtown Montebello Specific Plan (“DMSP”) area. The DMSP will establish land uses and commercial activities that are intended to enhance the visitors' experience to Montebello businesses along Whittier Boulevard. The subject property is comprised of approximately 3,250 square feet, including a 1,488 square foot existing commercial/office building with related amenities including an outdoor patio area. The property is currently zoned C-2 (General Commercial). General City-owned public surface parking is located to the rear of the property. The space is currently vacant and used primarily by City departments for special events and related matters. Any proposed use of the subject location should complement existing retail uses along the

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

corridor.

Staff would like to initiate a process to reactivate this location within downtown Montebello to help strengthen the economic viability of the area.

ENVIRONMENTAL:

Declaring the Property surplus land will not result in a direct or reasonably foreseeable indirect or direct physical change in the environment and in light of the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and since it can be seen with certainty that there is no possibility that the proposed action may have a significant effect on the environment, the adoption of the Resolution is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

ANALYSIS:

Effective January 1, 2020, Assembly Bill 1486 significantly amended the Surplus Land Act (the “SLA”) (Govt Code 54220), and the process by which local agencies dispose of real property, and gave the California Department of Housing and Community Development (“HCD”) the authority to monitor and enforce compliance with the SLA.

Specifically, and as further clarified by HCD’s Guidelines for Implementing the SLA that were published in April 2021, before a public agency sells or leases real property the SLA requires the agency to first make a determination as to whether the property is “surplus land” or “exempt surplus land”. The agency’s determination must be made at a public meeting and supported by written findings, and the determination must be submitted to HCD to review before the agency proceeds with disposition of the property.

If the property is “surplus land”, the local agency must send a written “notice of availability” (“NOA”) of the land for sale or lease to HCD and other development entities listed in the SLA.

Development entities that receive a copy of the NOA have sixty (60) days to express interest in developing the surplus land for affordable housing, open space, or transit purposes, and the agency must engage in good faith negotiations for at least ninety (90) days with entities making an offer for the surplus land in response to the NOA.

If the City and an interested party do not agree on sale or lease terms during the good faith negotiation period, or alternatively, if no entity responds to the NOA, the local agency may sell or lease the surplus land as otherwise permitted by law. A local agency may reject an offer when the interested entity is not responsive to a local agency’s reasonable conditions or restrictions as described in the NOA and reviewed in advance by HCD.

SUMMARY:

In order for the City to explore a future long-term ground lease, the Property must be

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

declared “surplus land” per California Government Code sections 54220-54234 et seq. Any proposed use must be compatible with existing retail uses along the corridor and consistent with the long-term vision of a vibrant and diverse retail environment along the Whittier Boulevard commercial corridor. Any proposed action with regard to disposition subsequent to the mandated SLA process will be presented to the City Council for consideration under a separate staff report.

If the Resolution is adopted by the City Council, staff would expeditiously send the Resolution and draft NOA to HCD for review prior to properly circulating this information. If approved by HCD, staff will proceed with the 60-day circulation period under the SLA.

ATTACHMENT(S)

1. Attachment A - Resolution No. 23-12, 612 Whittier Blvd._SLA

NEXT STEPS:

N/A

RESOLUTION NO. 23-12
A RESOLUTION DECLARING A CITY-OWNED PROPERTY LOCATED AT 612 W.

WHITTIER BL. TO BE “SURPLUS LAND” FOR PURPOSES OF CALIFORNIA’S

SURPLUS LAND ACT SUBJECT TO CONDITIONS AND RESTRICTIONS ON ITS

DEVELOPMENT

RECITALS
WHEREAS, the subject property consists of approximately 3,250 gross square footage, including a 1,488 square foot existing improved building and an outdoor patio.

The property is zoned C-2 (General Commercial). General city-owned public parking is located to the rear of the property
WHEREAS, the property is located along the Whittier Bl. Commercial corridor and within the proposed Downtown Montebello Specific Plan which will propose land uses and commercial activities that will enhance the visitors experience to Montebello businesses along historic Whittier Bl.

WHEREAS, effective on January 1, 2020, Assembly Bill 1486 significantly amended the Surplus Land Act (the “SLA”) (Government Code Section 54220), and the process by which local agencies dispose of real property, and gave the California Department of Housing and Community Development (“HCD”) the authority to monitor and enforce compliance with the SLA.

WHEREAS, and as further clarified by HCD’s Guidelines for Implementing the SLA that were published in April 2021, before a public agency sells or leases real property the SLA requires the agency to first make a determination as to whether the property is “surplus land” or “exempt surplus land”; the agency’s determination must be made at a public meeting and supported by written findings, and the determination must be submitted to HCD to review before the agency proceeds with disposition of the property.

WHEREAS, the Act and Guidelines authorize local agencies to impose reasonable development conditions or restrictions on the sale or lease of surplus land, provided any such conditions or restrictions are first reviewed by HCD and included in the City’s “notice of availability” (“NOA”) distributed to the governmental entities and affordable housing sponsors identified in the Act, and the Act preserves the City’s local jurisdictional authority and discretion to approve land use, zoning, or entitlement decisions in connection with surplus land;
WHEREAS, the City Council has scheduled and conducted a public meeting at which it has considered staff reports and presentations, public testimony, and other evidence presented in connection with this matter, and all prerequisites to the adoption of this Resolution have been duly performed.

RESOLUTION NO. 23-12

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

SECTION 1: Based upon staff reports, presentations, public testimony, and other matters presented to the City Council during the public meeting at which this item was considered, the City Council finds and declares that the foregoing recitals are true and correct and incorporated into this Resolution as a material part hereof; and based upon such matters, the City Council makes the additional factual findings and declarations set forth below.

SECTION 2: The City Council hereby declares that the Site is “surplus land” within the meaning of the Act, provided that and conditioned upon the following: the City shall only offer the Site for lease, and shall not offer the Site for sale, allowing the City to exercise appropriate long-term control over the use and operation of the subject property for the benefit of the City, local residents, in a manner consistent with its dedicated public purpose.

SECTION 3.The City Manager is authorized and directed to issue a notice of availability of the Site for lease pursuant to the Act with future development thereof conditioned as described in Section 2, provided that before circulation of the notice of availability, the City Manager shall first provide a copy of this Resolution and the proposed notice of availability to HCD for review as directed by the Guidelines. Upon completion of HCD’s review, the City Manager is authorized and directed to take such further actions as are reasonably necessary to effectuate the purpose of this Resolution and satisfy the pre-disposition requirements of the Act.

SECTION 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”), and approval of this Resolution is not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(2). This action will not result in a direct or reasonably foreseeable indirect physical change in the environment, as it does not commit the City to a definite course of action and thus does not constitute a formal approval of any agreement related to the Property pursuant to CEQA Guidelines Section 15352.

SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution, which shall become effective immediately upon adoption.

RESOLUTION NO. 23-12

APPROVED AND ADOPTED this 13th day of February 2023
_______________________________
David Torres, Mayor
ATTEST:APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold Alvarez-Glassman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 23-12 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 13 th day of February 2023 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 # 12

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: David Sosnowski, Director of Recreation and Community Services

SUBJECT: AUTHORIZATION TO SUBMIT AN APPLICATION FOR THE CLEAN

CALIFORNIA LOCAL GRANT PROGRAM

DATE: February 13, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Authorize the submission of an application to the Clean California Local Grant Program; and

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

FISCAL IMPACT:

With Montebello City Council authorization, staff will apply for a competitive grant funding opportunity through the California Department of Transportation’s (Caltrans) Clean California Local Grant Program (Clean CA), Cycle 2 program. The City could potentially receive up to $5,000,000 in funding for the beautification and placemaking of existing public spaces.

Clean CA requires a 12.5% funding match of total project costs based upon factors such as area median income and the City’s CalEnviroScreen score. Therefore, the City will be responsible for an estimated Six Hundred Twenty-Five Thousand Dollars ($625,000) in matching project funds if awarded a Five Million Dollar ($5,000,000) grant. The matching funds may be cash, other grant awards, staff time devoted to the project, or in- kind donations. Staff will return with a plan to fund the required match and/or a request to amend the budget if the grant application is successful, with any final plan dependent upon the actual award amount.

BACKGROUND/DISCUSSION:

Staff is seeking authorization from the City Council to submit an application to Caltrans

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

for Cycle 2 of the Clean CA Local Grant Program. The Clean CA Cycle 2 program will provide approximately $296 million in grant funds to beautify and improve streets and roads, tribal lands, parks, pathways, and transit centers to restore pride in public places. Goals of the program include enhancing, rehabilitating, restoring, or installing measures to beautify and improve public spaces and to enhance public health, cultural connections and community placemaking by improving public spaces for walking and recreation.

Staff is proposing improvements to Chet Holifield Park in an effort to enhance park amenities and features for the community to utilize. Proposed improvements include, but are not limited to, the addition of new picnic areas and shelters; upgrades to existing pathways, lighting, and parking lots; and relocation and renovation of a soccer field, baseball field, and basketball courts.

The addition of new proposed amenities are based upon the Level of Service Analysis completed for the Parks Master Plan. Due to the Montebello population, the analysis determined additional and/or improved amenities are needed within the City to best serve the community, particularly sports fields. Improvements will also incorporate sustainable designs such as bioswales, smart irrigation systems, LED lighting, parking lot solar panels, and permeable pathways.

As part of the grant application process, staff will also conduct community outreach to formulate a final park design prior to submitting the grant application. Applications are due in April 2023 and awards are expected to be announced in September 2023. If awarded, City Council will be requested to authorize a Resolution to accept grant funds, as well as take action to appropriate the grant funds.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

That the City Council authorize the submission of an application to the Clean California Local Grant Program.

ATTACHMENT(S)
None
NEXT STEPS:

N/A

ITEM # 13

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: David Sosnowski, Director of Recreation and Community Services

SUBJECT: AUTHORIZATION TO SUBMIT AN APPLICATION FOR THE LA84

FOUNDATION SUMMER SPLASH GRANT PROGRAM

DATE: February 13, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Authorize the Recreation and Community Services Department's submission of an application for the LA84 Foundation Summer Splash Grant Program on behalf of the City of Montebello; and

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

FISCAL IMPACT:

With Montebello City Council authorization, Recreation and Community Services Department ("Department") staff will apply for a competitive grant funding opportunity through the LA84 Foundation Summer Splash Grant Program. The City of Montebello could potentially receive up to $25,000 in funding to provide swimming lessons to the community. The grant does not require any matching funds and would provide supplemental funding to the City's existing aquatics programming. Should the City be successful and be awarded a grant, Staff will return to City Council to formally appropriate the grant funds.

BACKGROUND/DISCUSSION:

The LA84 Foundation aims to provide every Southern California child the opportunity to learn to swim. The goal of the program is to partner with swim lesson providers and water safety advocates across Southern California to support swimming lessons and educate children and their families on the importance of water safety and the value of learning to swim. The grants being offered are intended to augment existing programming.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

The City currently offers aquatics programming in the summer months at the George Hensel Aquatic Center. This includes swim lessons which are offered to all ages at varying skill levels. Lessons are available for morning and evening sessions. During the 2022 summer season, the Department had a total of 679 registered participants for swim lessons. Through grant funding, the City aims to make swim lessons more easily accessible to the community.

Eligible expenses for funding include instructor costs and swim lesson registration discounts. If awarded funding, the Department plans to utilize funding to expand existing programming by hiring additional swim instructors to accommodate a greater number of participants. Registration for swim lessons often fills up quickly and more instructors would allow for the Department to increase the number of participants accepted while continuing to follow best practices for instructor to student ratios. Additionally, funding would be used to offer swim lessons at a discounted rate to all participants.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

City staff recommends that the City Council authorize the submission of an application to the LA84 Foundation Summer Splash Grant Program and authorize the Department to take such additional, related, action that may be desirable. Should the City be successful in the grant award, Staff will return to appropriate the funding.

ATTACHMENT(S)
None
NEXT STEPS:

N/A

ITEM # 14

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: Paul Espinosa, Police Chief

SUBJECT: APPROVAL OF BUREAU OF JUSTICE ASSISTANCE (BJA), PATRICK

LEAHY BULLETPROOF VEST PARTNERSHIP (BVP) SOLICITATION

FUNDS UTILIZATION

DATE: February 13, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve the use of grant funding awarded to the Police Department by the Bureau of Justice Assistance (BJA), Patrick Leahy Bulletproof Vest Partnership (BVP) solicitation funds utilization, in the amount of $21,628.49; and

2. Amend the Fiscal Year 2022-23 budget and increase appropriations by $21,628, in grant Account No. 265-8003-6010.60 (Grants, Bulletproof Vest Grant, Personal Protective Equipment [expenditures]) and Account No. 265-99-4198.84 (Grants, Bulletproof Vest Grant [revenue]); and

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

FISCAL IMPACT:

The City of Montebello is being awarded $21,628 from the Bureau of Justice Assistance (BJA), Patrick Leahy Bulletproof Vest Partnership (BVP) program. Although the City must pay upfront costs, half of all related, authorized expenditures will be reimbursed by the Grant. Reimbursement claims will be submitted as expenses are incurred based on the needs of the Police Department.

The total expected cost for the purchase of the ballistic vests is $43,257. There is a 50% required match from the City in the amount of $21,628. The City’s 50% match will come from the General Fund. There is sufficient funding in the Police Department's Fiscal Year 2022-23 budget for this required matching amount.

To keep up to date on safety requirements, a ballistic vest must be replaced every five

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

years. It should be noted that the overall fiscal impact to the City of Montebello is reduced because the Police Department would have to purchase these vests at full replacement costs if the grant is not accepted. The department applies for this grant annually to assist with the purchase of new and replacement vests.

BACKGROUND/DISCUSSION:

The Patrick Leahy Bulletproof Vest Partnership (BVP), created by the Bulletproof Vest Partnership Grant Act of 1998, is a unique U.S. Department of Justice initiative designed to provide a critical resource to state and local law enforcement to help offset the cost of purchasing ballistic vests.

On September 21, 2022, the Police Department was awarded a BJA-BVP Grant in the amount of $21,628. The time period of the Grant is April 1, 2022 to August 31, 2024.

Funding from this Grant has been approved for the reimbursement of half of the total cost of the purchase of National Institute of Justice (NIJ) compliant ballistic vests.

Every sworn police officer with the Montebello Police Department is issued a ballistic vest that they are required to wear while on duty. These vests have a manufacturers warranty of five years, at which time they must be replaced. This equipment is crucial to provide public safety personnel with live-saving equipment during the performance of their duties.

ENVIRONMENTAL:

N/A

ANALYSIS:

Montebello Police Department Policy 1024 states the guidelines for the proper use and replacement of body armor. Per policy, “all field officers in uniform shall wear their Department issued soft body armor at all times. The Administration supervisor shall ensure that body armor is issued to all officers when the officer begins service at the Montebello Police Department and that, when issued, the body armor meets or exceeds the standards of the National Institute of Justice. The Administration supervisor shall establish a body armor replacement schedule and ensure that replacement body armor is issued pursuant to the schedule or whenever the body armor becomes worn or damaged to the point that its effectiveness or functionality has been compromised.”

Best practice strategies will be implemented to ensure that Department equipment is issued to personnel as required per Policy 1024.

SUMMARY:

The Department has been awarded a BVP Grant in the amount of $21,628. The Grant award will enable the Department to purchase and equip all sworn personnel with a uniquely fitted ballistic vest that shall be replaced on a 5 year replacement cycle per manufacturing specifications. It is critical that sworn personnel are provided the

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

necessary equipment to perform their duties in the safest manner.

City Council is being asked to authorize the proposed use of the Grant as further outlined in the attached award letter and amend the FY 2022-23 budget by increasing appropriations by $21,628, in grant Account No. 265-8003-6010.60 (Grants, Bulletproof Vest Grant, Personal Protective Equipment [expenditures]) and Account No. 265-99- 4198.84 (Grants, Bulletproof Vest Grant [revenue]).

ATTACHMENT(S)

1. Attachment A - BVP Application

2. Attachment B - BVP Award Notification

NEXT STEPS:

N/A

ITEM # 15

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: TREASURER'S REPORT FOR THE QUARTER ENDING DECEMBER 31, 2022

DATE: February 13, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Receive and file the Quarterly Treasurer’s Report for the quarter ending December 31, 2022 (Second Quarter).

FISCAL IMPACT:

Attached is a cash report and portfolio summary as of December 31, 2022 (Attachments A and B). This report provides a snapshot at quarter end of the City’s cash position, detailing balances in various accounts and types of investments.

The table below summarizes available cash by major type of account, comparing June 2021 vs. 2022 and December 2021 vs. 2022 ending balances. The “General” account combines Bank of the West, Local Agency Investment Fund (LAIF), and various Certificates of Deposit, and represents the most liquid and accessible source of cash for the City to pay ongoing expenses:

As of December 31, 2022, total available cash was $19.930 million greater than the same quarter, prior year. Cash is down versus June 30, 2022, but that is expected as expenses

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

fluctuate at different times each year, and revenue is received at varying points in the year as well. The City’s overall cash position has improved over the last several years.

For example, the June balance for the past seven years is shown below:

Comparing December ending balances from prior years, in 2016 overall cash was $33.071 million, versus $89.119 million as of December 2022 – a $56.048 million improvement in the City’s available cash position (LAIF, Bank of the West, etc.).

The continuing strength of the City’s cash position is due to a number of reasons. A primary factor contributing to the additional cash is proceeds from Measure H, the City’s ¾ cent transaction and use tax. Property tax receipts are also up, as overall assessed values in the City continue to grow. It should also be noted that monthly cash balances do fluctuate, as monthly expenses can vary considerably from month to month, especially when comparing prior years. The City receives numerous grants from Federal, State and local governmental agencies, with expenses and concomitant revenue reimbursement varying depending on the grant award and the particular progress made in the project.

Despite these natural fluctuations in cash flow, one can see by the tables above that the City’s overall cash position has grown steadily over the past seven years. This improvement in cash flow ensures daily expenses are easily met, with no danger of having to postpone payments due to lack of liquidity. Sufficient liquidity is just one of many positive signs of the City’s progress towards financial stability and security.

The City receives income from the investment of idle cash. This revenue varies based on balances and current interest rate environments. The historically low interest rates of the past decade have limited the amount of revenue received from idle cash investments. However, interest rates have risen markedly in the past twelve months, as the Federal Reserve continues to raise the federal funds rate in an effort to combat high inflation.

The effective rate of return on the City’s investment portfolio as of December 31, 2022 was 0.93%, with the fiscal year to date earnings rate at 1.14%. It is useful to compare these rates of return to various U.S. Treasuries, as a general benchmark. Recent data (January 9) have the 10-year yield at 3.55%, 5-year at 3.69% and the 2-year yield at

4.24%. The inverted yield-curve – where shorter-term treasuries have higher yields than longer-term ones despite carrying lower risk – is not often seen, and is often viewed as a harbinger to recession. The majority of the City’s idle cash is held in LAIF, with the September yield (most recent available) at 1.35%, up from 0.75% in June, and more than

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

five times the September 2021 yield of 0.24%.

The City’s current investment policy allows funds to be invested in a broad range of Government Code approved fixed income vehicles. Staff will work to analyze opportunities that will help the City’s idle cash work harder (i.e., earn additional income) while not sacrificing safety or liquidity.

BACKGROUND/DISCUSSION:

State Government Code Section 53600 et al governs the investment of idle cash by local agencies. In addition, local agencies are required to have City Council approved investment policies which further dictate how funds are invested. Government Code Section 53646(b), as well as the City’s investment policy, provide for quarterly reporting of investment activity. The quarterly report, along with details found in Attachments A and B, are designed to provide additional information, comparing current year balances and performance to prior years, etc.

The City of Montebello holds idle cash in various depositories:
• Bank of the West checking accounts (i.e., General used to pay bills, Payroll for bi- weekly payroll, etc.)
• Local Agency Investment Fund (LAIF)
• Multi-Bank Securities (MBS) (i.e., Certificates of Deposit)

The investment of idle cash is predicated on the principals of: liquidity, safety and yield, in that order. The City earns interest from the various deposits, hence the diversification of where cash is held. However, the first and foremost priority is having adequate liquidity to pay daily operating costs: payroll, invoices for goods and services, etc.

Cash flow varies throughout the fiscal year, based on timing of the receipt of revenue.

The receipt of property tax revenue in April and December causes the largest inflow in daily cash, followed by quarterly sales tax “true up” payments (i.e., March, June, etc.), receipt of Successor Agency revenue (Redevelopment Property Tax Trust Fund) in January and June, etc.

Therefore, the City maintains a reasonable balance in its checking account – the most liquid account utilized for daily expenses. The LAIF account with the State Treasurer provides additional liquidity. Depending on cash flow needs, withdrawals or deposits are made from/to the LAIF account into/out of the General checking account. Finally, investment in Certificates of Deposit through a clearinghouse service (i.e., Multi-Bank Securities) provides additional yield with funds not needed for immediate liquidity deposited accordingly (approximately $1.736 million).

The table below provides an overview of the City’s major liquid cash accounts: Bank of the West checking and the two separate LAIF accounts, at quarter end from June, 2020 through December, 2022. The changing amounts in available cash illustrate the trends

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

of incoming revenue vs. outgoing expenses throughout the year. The average quarterly balance for the City’s checking account since June 2020 is $8.789 million, more than sufficient to meet weekly expenses.

The City’s Investment Policy was most recently reviewed and approved by the City Council on June 8, 2022. Prior to that, the policy was reviewed, approved and updated on: June 23, 2021, October 28, 2020, and August 19, 2019. The Government Code requires an annual review and approval of the investment policy statement – even if no changes are made.

The 2019 approval was the first time the City’s investment policy was updated since 2011, with a previous update done in 2007. These infrequent reviews and updates were clearly in violation of Government Code, which has been rectified over the last three years. Moreover, Staff has endeavored to present a more thoroughly researched quarterly Treasurer’s report, with detailed background and explanations of the various investment accounts – a marked improvement over prior years reports presented with no discussion or analysis (such as that contained in this report).

In an effort to ensure the City complies with State law, the investment policy will continue to be presented annually along with budget adoption (June of each year). This process will ensure an annual review and update (as necessary) of the investment policy by the City Council, ensuring the City complies with State statutes.

The updated version of the City’s investment policy was submitted to the California Municipal Treasurers Association (CMTA) for consideration of their investment policy review and award program. The CMTA investment policy program utilizes public treasury officials to review public agency policies to ensure they comply with best practices and Government Code. For the first time in the City’s 101 year history, the City’s policy was submitted and passed the review with flying colors. Having passed this review process is one more indication of the progress made in achieving fiscal sustainability in Montebello, as its policies adhere to best practices.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF FEBRUARY 13, 2023

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

It is recommended that the City Council receive and file the Quarterly Treasurer’s Report for the quarter ending December 31, 2022.

ATTACHMENT(S)

1. Attachment A - Cash Summary, December FY 2022_23

2. Attachment B - December 2022 Investment Statement

NEXT STEPS:

N/A

ATTACHMENT A

BANK OF THE WEST
Account Number Account Name 12/31/22
1 XXXX-XX770 H ousing Successor Agency of the City of Montebello $1 ,056,552.27 2 XXXX-XX093 Successo r Agency of the City of Montebello $1,216,570 .09 3 XXXX-71041 City of Montebello $2,266,713.60
4 XXXX-00184 City of Montebello - FSA $7,021.34
5 XXXX-XX331 General $27,973,776.51
6 XXXX-XX287 Trust & Agency $6,063.99
7 XXXX-XX803 Po lice Retiree Health Account $779,125.70 8 XXXX-XX267 Pa yroll $0.00
9 XXXX-XX362 Fi re Retiree Health Account $326,668.99
$33,632,492.49

STATE OF CALIFORNIA
Account Number Account Name 12/31/22
1 XX-XX-551 General $39,651,105.19
2 XX-XX-068 Successor Agency City of Mtb for Mtb RDA $14,086,255.1 7 $53,737,360.36

FIRST MERCANTILE TRUST
Account Number Account Name 12/31/22
XXX-XX-X746 CORPOR ATE ACCOUNT $12.98
XXX-XX-X999 TRUS T ACCOUNT $13,551.48
$13,564.46
Pershing LLC - CDs
Account Number Account Name 12/31/22
CD Enerbank USA (10/9/19-9/13/23) $249,000.00
CD Sallie Mae Bank (10/9/19-9/18/24) $247,000.00
CD RIA Federal Cr edit Union (10/11/19-10/11/23) $249,000.00 CD BMW Bank North America (10/11/19-10/11/23) $247,000.00 CD Merrick Bank (10/18/19-10/18/24) $249,000.00
CD Morgan Stanley Bank (10/30/19-10/30/24) $247,000.00
CD HSBC Bank USA (5/7/20-5/7/25) $248,000.00
$1,736,000.00
Total General Cash/Investments $71,627,595.30
Total SA Cash/Investments $15,302,825.26
Total HSA Cash/Investments $1,056,552.27
Total T&A Cash/Investments $1,118,880.02
Total Trustee Cash $13,564.46
Total Cash/Investments $89,119,417.31

CITY OF MONTEBELLO

MONTHLY CASH REPORT (ALL ACCOUNTS)
BALANCE AS OF DECEMBER 31, 2022

CITY OF MONTEBELLO
Portfolio Management
December 31, 2022
Portfolio Summary
% of
Portfolio
Book
ValueInvestments
Market
Value
Par
Value
Days to
Maturity
Term
YTM
360 Equiv.

YTM
365 Equiv.

Local Agency Investment Funds 39,651,105.19 195.81 1.292139,651,105.1939,651,105.19 1.310 Savings Accounts 6.38 10.00 0.49316.386.38 0.500
Negotiable CDs 1,736,000.00 1,6584.19 1.7555101,736,000.001,736,000.00 1.780 41,387,111.57 100.00%
Investments
41,387,111.5741,387,111.57 71 22 1.311 1.330
Cash, Pending Redemptions and Accrued Interest
(not included in yield calculations)
Passbook/Checking 30,240,490.11 1 0.000130,240,490.1130,240,490.11 0.000 72,406,875.34Total Cash, Pending Redemptions
and Investments
31,019,763.77Subtotal
707.17
72,406,875.3472,406,168.17
31,019,763.77
707.17
71 22 1.311 1.330
Accrued Interest at Purchase
Pending Redemptions 778,566.49 778,566.49778,566.49
Current Year
December 31
46,732.99
Fiscal Year To Date
369,265.45
Average Daily Balance
Effective Rate of Return
59,195,186.62 64,528,249.95

1.14%0.93%
Total Earnings Month Ending
__________________________________________________ ____________________ .,
Portfolio GEN
CP
Reporting period 12/01/2022-12/31/2022
Run Date: 01/03/2023 - 09:43 PM (PRF_PM1) 7.3.11
Report Ver. 7.3.11

YTM
365

Par Value Book Value
Maturity
Date
Stated
RateMarket Value
December 31, 2022
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management

CITY OF MONTEBELLO
Days to
Maturity
S&PCUSIP Investment #
Purchase
Date
Local Agency Investment Funds

1.310STATE OF CALIFORNIA200 39,651,105.19 39,651,105.19 1.31007/01/2019 39,651,105.19SYS200 1 39,651,105.1939,651,105.1939,651,105.1939,651,105.19Subtotal and Average 1.310 1 Savings Accounts

0.500F&A FEDERAL CREDIT UNION500 6.38 6.38 0.50007/01/2019 6.38697530 1

1.918PACIFIC PREMIER/PLAZA BANK600 0.00 0.00 1.91807/01/2019 0.00950516181 1

6.386.386.386.38Subtotal and Average 0.500 1
Negotiable CDs

1.851BMW BANK NORTH AMERICA40 247,000.00 247,000.00 10/11/20231.85010/11/2019 247,000.0005580ASV7 283

1.801ENERBANK USA34 249,000.00 249,000.00 09/13/20231.80010/09/2019 249,000.0029278TLF5 255

1.300HSBC BANK USA53 248,000.00 248,000.00 05/07/20251.30005/07/2020 248,000.0044329ME33 857

1.902MERRICK BANK47 249,000.00 249,000.00 10/18/20241.90010/18/2019 249,000.0059013KDM5 656

1.902MORGAN STANLEY PRIVATE BANK31 247,000.00 247,000.00 09/05/20241.90010/09/2019 247,000.0061760AX53 613

1.801RIA FEDERAL CREDIT UNION43 249,000.00 249,000.00 10/11/20231.80010/11/2019 249,000.00749622AP1 283

1.902SALLIE MAE BANK33 247,000.00 247,000.00 09/18/20241.90010/09/2019 247,000.007954504D4 626 1,736,000.001,736,000.001,736,000.001,736,000.00Subtotal and Average 1.780 510 59,195,186.62 41,387,111.57 1.330 2241,387,111.57 41,387,111.57Total and Average Portfolio GEN
CP
Run Date: 01/03/2023 - 09:43 PM (PRF_PM2) 7.3.11
Report Ver. 7.3.11

YTM
365

Par Value Book Value
Stated
RateMarket Value
December 31, 2022
Portfolio Details - Cash
Average
BalanceIssuer
Portfolio Management

CITY OF MONTEBELLO
Days to
Maturity
S&PCUSIP Investment #
Purchase
Date
Checking Accounts

0.000BANK OF THE WEST100 30,240,490.11 30,240,490.1108/31/2019 30,240,490.11100 1

0.00 59,195,186.62 71,627,601.68 1.330 22
1 30,241,197.28
707.17
30,241,197.28
707.17
Subtotal
Accrued Interest at PurchaseAverage Balance
71,628,308.85 71,628,308.85Total Cash and Investments
Portfolio GEN
CP
Run Date: 01/03/2023 - 09:43 PM (PRF_PM2) 7.3.11

Par Value Book Value
Maturity
Date
Accrued
InterestMarket Value
December 31, 2022
Portfolio Details with Earnings - Investments
Average
BalanceIssuer
Portfolio Management

CITY OF MONTEBELLO
CUSIP Investment #
Purchase
Date
Days To
Maturity
Unrealized
Gain/Loss
Current
Rate YTM
Local Agency Investment Funds
LAIF200 39,651,105.19 39,651,105.1907/01/2019 39,651,105.19SYS200 -45,839.12 0.001.3101.310 1 39,651,105.1939,651,105.1939,651,105.1939,651,105.19Subtotal and Average -45,839.12 0.001 1.3101.310 Savings Accounts
F&A500 6.38 6.3807/01/2019 6.38697530 0.11 0.000.5000.500 1 PLAZA600 0.00 0.0007/01/2019 0.00950516181 -7,546.80 0.001.9181.918 1

6.386.386.386.38Subtotal and Average -7,546.69 0.001 0.5000.500 Negotiable CDs
BMW40 247,000.00 247,000.00 10/11/202310/11/2019 247,000.0005580ASV7 1,026.57 0.001.8511.850 283 ENERBA34 249,000.00 249,000.00 09/13/202310/09/2019 249,000.0029278TLF5 601.69 0.001.8001.800 255 HSBC53 248,000.00 248,000.00 05/07/202505/07/2020 248,000.0044329ME33 470.35 0.001.3001.300 857 MERR47 249,000.00 249,000.00 10/18/202410/18/2019 249,000.0059013KDM5 570.31 0.001.9021.900 656 MORGAN31 247,000.00 247,000.00 09/05/202410/09/2019 247,000.0061760AX53 1,080.03 0.001.9021.900 613 RIA43 249,000.00 249,000.00 10/11/202310/11/2019 249,000.00749622AP1 626.25 0.001.8011.800 283 SALLIE33 247,000.00 247,000.00 09/18/202410/09/2019 247,000.007954504D4 1,080.03 0.001.9021.900 626 1,736,000.001,736,000.001,736,000.001,736,000.00Subtotal and Average 5,455.23 0.00510 1.7801.778 41,387,111.57 41,387,111.57 41,387,111.57 1.330 22 1.330 -47,930.58 0.0059,195,186.62Total and Average Portfolio GEN
CP
Run Date: 01/03/2023 - 09:43 PM (PRF_PM8) 7.3.11
Report Ver. 7.3.11

Par Value Book Value
Accrued
InterestMarket Value
December 31, 2022
Portfolio Details with Earnings - Cash
Average
BalanceIssuer
Portfolio Management

CITY OF MONTEBELLO
CUSIP Investment #
Purchase
Date
Days To
Maturity
Unrealized
Gain/Loss
Current
Rate YTM
Checking Accounts
BOFW100 30,240,490.11 30,240,490.1108/31/2019 30,240,490.11100 0.00 0.000.0000.000 1 71,627,601.68
30,241,197.28
707.17
30,241,197.28
707.17
Subtotal
Accrued Interest at Purchase
71,628,308.85 71,628,308.85 0.768 13 0.768 -47,930.58 0.00

0.00 59,195,186.62
Average Balance
Total Cash and Investments
Portfolio GEN
CP
Run Date: 01/03/2023 - 09:43 PM (PRF_PM8) 7.3.11

Par Value
Stated
Rate
December 31, 2022
Investment Status Report - Investments
Portfolio Management
Book Value
Maturity
Date
Current
Principal

CITY OF MONTEBELLO
YTM
365
YTM
360
Payment
DatesCUSIP Investment # Issuer
Purchase
Date
Accrued Interest
At Purchase
Local Agency Investment Funds
LAIF200 39,651,105.19 39,651,105.191.310SYS200 07/30 - Quarterly07/01/2019 39,651,105.191.3101.292 39,651,105.19Local Agency Investment Funds Totals 39,651,105.190.001.29239,651,105.19 1.310 Savings Accounts
F&A500 6.38 6.380.500697530 04/30 - Monthly07/01/2019 6.380.5000.493 PLAZA600 0.00 0.001.918950516181 05/31 - Monthly07/01/2019 0.001.9181.892

6.38Savings Accounts Totals 6.380.000.4936.38 0.500
Negotiable CDs
BMW40 247,000.00 247,000.001.85010/11/202305580ASV7 04/11 - 10/1110/11/2019 247,000.001.8511.826 ENERBA34 249,000.00 249,000.001.80009/13/202329278TLF5 10/13 - Monthly Received10/09/2019 249,000.001.8011.776 HSBC53 248,000.00 248,000.001.30005/07/202544329ME33 11/07 - 05/0705/07/2020 248,000.001.3001.282 MERR47 249,000.00 249,000.001.90010/18/202459013KDM5 11/18 - Monthly10/18/2019 249,000.001.9021.876 MORGAN31 247,000.00 247,000.001.90009/05/202461760AX53 03/05 - 09/05 437.1610/09/2019 247,000.001.9021.876 RIA43 249,000.00 249,000.001.80010/11/2023749622AP1 11/11 - Monthly10/11/2019 249,000.001.8011.777 SALLIE33 247,000.00 247,000.001.90009/18/20247954504D4 03/18 - 09/18 270.0110/09/2019 247,000.001.9021.876 1,736,000.00Negotiable CDs Totals 1,736,000.00707.171.7551,736,000.00 1.780 41,387,111.57Investment Totals 41,387,111.57707.1741,387,111.57 1.311 1.330 Portfolio GEN
CP
Run Date: 01/03/2023 - 09:43 PM (PRF_PMS) 7.3.11
Report Ver. 7.3.11

Par Value
Stated
Rate
December 31, 2022
Investment Status Report - Cash
Portfolio Management
Book Value
Maturity
Date
Current
Principal

CITY OF MONTEBELLO
YTM
365
YTM
360
Payment
DatesCUSIP Investment # Issuer
Purchase
Date
Accrued Interest
At Purchase
Checking Accounts
BOFW100 30,240,490.11 30,240,490.11100 07/31 - Monthly08/31/2019 30,240,490.110.0000.000 30,240,490.11Cash Totals
Total Cash and Investments 71,627,601.68
30,240,490.11
71,627,601.68

0.00 707.17
30,240,490.11
71,627,601.68 1.311 1.330
Portfolio GEN
CP
Run Date: 01/03/2023 - 09:43 PM (PRF_PMS) 7.3.11

Par Value
Mat/Sale
Settlement Date
December 31, 2022
Portfolio Details - Pending Redemptions
Issuer
Portfolio Management

CITY OF MONTEBELLO
Security # Investment #
Purchase
Settlement Date
Certificates of Deposit - CU
F&A FEDERAL CREDIT UNION52A 04/27/202204/27/202152A 280,566.49 ST. VINCENT'S MEDICAL FCU51 04/02/202104/02/202051 249,000.00 Subtotal 529,566.49
Negotiable CDs
MEDALLION BANK36 10/12/202110/10/201958404DFM8 249,000.00 Subtotal 249,000.00
Total Pending Redemptions 778,566.49
Portfolio GEN
CP
Run Date: 01/03/2023 - 09:43 PM (PRF_PM7) 7.3.11
Report Ver. 7.3.11

Stated
Rate
Transaction
Date
December 1, 2022 through December 31, 2022
Activity By Type
Balance
Beginning
Balance
Ending
Portfolio Management

CITY OF MONTEBELLO
CUSIP Investment # Issuer
Purchases
or Deposits
Redemptions
or Withdrawals
Local Agency Investment Funds (Monthly Summary)
39,651,105.19 39,651,105.19Subtotal
Savings Accounts (Monthly Summary)

6.38 6.38Subtotal
Checking Accounts (Monthly Summary)
BANK OF THE WEST100 12,846,828.90 0.00100

0.0017,393,661.21 30,240,490.11Subtotal 12,846,828.90
Negotiable CDs
1,736,000.00 1,736,000.00Subtotal
58,780,772.78 71,627,601.68Total 0.0012,846,828.90
Portfolio GEN
CP
Run Date: 01/03/2023 - 09:43 PM (PRF_PM3) 7.3.11
Report Ver. 7.3.11

December 2021 through December 2022
Activity Summary
Month
Portfolio Management
End Year
Number of
Securities
Total
Invested
360
Equivalent
365
Equivalent
Managed
Pool
Rate
Average
Term
Average
Days to Maturity

CITY OF MONTEBELLO
Number
of Investments
Purchased
Number
of Investments
Redeemed
Yield to Maturity
50,116,776.29December 2021 18 92 391.323 1.341 1.310 0 0 61,142,328.69January 2022 18 75 301.317 1.336 1.310 0 0 61,142,328.69February 2022 18 75 291.317 1.336 1.310 0 0 61,142,328.69March 2022 18 75 271.317 1.336 1.310 0 0
63,157,703.08April 2022 18 68 251.313 1.331 1.310 0 1
57,307,703.08May 2022 17 74 251.315 1.333 1.310 0 0
68,307,703.08June 2022 16 63 201.311 1.330 1.310 0 0
68,418,639.33July 2022 16 63 191.311 1.330 1.310 0 0
62,918,639.73August 2022 16 68 191.313 1.331 1.310 0 0
53,177,639.73September 2022 16 65 211.313 1.331 1.310 0 3 45,387,111.57October 2022 16 64 231.310 1.328 1.310 0 2 41,387,111.57November 2022 11 71 241.311 1.330 1.310 0 0 41,387,111.57December 2022 11 71 221.311 1.330 1.310 0 0 Average 56,537,932.70 1.314% 1.333% 1.310 0 0 71 2516
Portfolio GEN
CP
Run Date: 01/03/2023 - 09:43 PM (PRF_PM4) 7.3.11
Report Ver. 7.3.11

December 2021 through December 2022
Distribution of Investments By Type
Portfolio Management

CITY OF MONTEBELLO
AverageJanuaryDecember February
2021 2022 by Period
AprilMarch May
2022 2022
JulyJune August
2022 2022
September November
2022 2022
December
2022Security Type
October
2022202220222022
Certificates of Deposit - Bank

0.5 0.50.6Certificates of Deposit - CU 0.5 0.2%

94.3 94.393.0Local Agency Investment Funds 95.3 94.894.3 95.7 95.395.7 96.2 95.895.8 95.8 95.1% Money Market Funds
Commercial Paper Disc. -At Cost
Federal Agency Issues Disc.-At Cost
Treasury Discounts -At Cost
Miscellaneous Discounts -At Cost
Savings Accounts
Checking Accounts

5.3 5.36.4Negotiable CDs 4.7 5.25.3 4.4 4.74.4 3.8 4.24.2 4.2 4.8% Portfolio GEN
CP
Run Date: 01/03/2023 - 09:43 PM (PRF_PM5) 7.3.11
Report Ver. 7.3.11

December 31, 2022
Interest Earnings Summary
Month EndingDecember 31 Fiscal Year To Date
Portfolio Management

CITY OF MONTEBELLO
CD/Coupon/Discount Investments:
2,788.38Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
5,455.23
( 5,626.55)
26,940.16
4,327.58
( 10,254.48)
Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period
Adjusted by Capital Gains or Losses
Earnings during Periods
2,617.06

0.00 21,013.26

0.00 2,617.06 21,013.26
Pass Through Securities:

0.00Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period

0.00 ( 0.00)

0.00 0.00
( 0.00)
Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period
Adjusted by Premiums and Discounts
Adjusted by Capital Gains or Losses
Earnings during Periods

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00
Cash/Checking Accounts:

0.00Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
-53,385.81
( -97,501.74)
316,408.49
-53,385.81
( -85,229.51)
Interest Earned during Period 44,115.93 348,252.19
Total Interest Earned during Period
Total Capital Gains or Losses
Total Earnings during Period
46,732.99

0.00 369,265.45

0.00 46,732.99 369,265.45
Portfolio GEN
CP
Run Date: 01/03/2023 - 09:43 PM (PRF_PM6) 7.3.11
Report Ver. 7.3.11

SUCCESSOR AGENCIES MTB
Portfolio Management
December 31, 2022
Portfolio Summary
% of
Portfolio
Book
ValueInvestments
Market
Value
Par
Value
Days to
Maturity
Term
YTM
360 Equiv.

YTM
365 Equiv.

Local Agency Investment Funds 14,086,255.17 1100.00 0.334114,086,255.1714,086,255.17 0.339 14,086,255.17 100.00%
Investments
14,086,255.1714,086,255.17 1 1 0.334 0.339
Cash
(not included in yield calculations)
Passbook/Checking 1,216,570.09 1 0.00011,216,570.091,216,570.09 0.000 15,302,825.26Total Cash and Investments 15,302,825.2615,302,825.26 1 1 0.334 0.339 Current Year
December 31
4,055.69
Fiscal Year To Date
24,022.01
Average Daily Balance
Effective Rate of Return
15,302,026.87 16,475,086.93

0.29%0.31%
Total Earnings Month Ending
__________________________________________________ ____________________ .,
Portfolio SA
CP
Reporting period 12/01/2022-12/31/2022
Run Date: 01/02/2023 - 15:39 PM (PRF_PM1) 7.3.11
Report Ver. 7.3.11

YTM
365

Par Value Book Value
Maturity
Date
Stated
RateMarket Value
December 31, 2022
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management

SUCCESSOR AGENCIES MTB
Days to
Maturity
S&PCUSIP Investment #
Purchase
Date
Local Agency Investment Funds

0.339STATE OF CALIFORNIA100 14,086,255.17 14,086,255.17 0.33907/01/2019 14,086,255.17SYS100 1 14,086,255.1714,086,255.1714,086,255.1714,086,255.17Subtotal and Average 0.339 1 15,302,026.87 14,086,255.17 0.339 114,086,255.17 14,086,255.17Total and Average Portfolio SA
CP
Run Date: 01/02/2023 - 15:39 PM (PRF_PM2) 7.3.11
Report Ver. 7.3.11

YTM
365

Par Value Book Value
Stated
RateMarket Value
December 31, 2022
Portfolio Details - Cash
Average
BalanceIssuer
Portfolio Management

SUCCESSOR AGENCIES MTB
Days to
Maturity
S&PCUSIP Investment #
Purchase
Date
Checking Accounts

0.000BANK OF THE WEST200 1,216,570.09 1,216,570.0908/31/2019 1,216,570.09200 1

0.00 15,302,026.87 15,302,825.26 0.339 1
1Average Balance
15,302,825.26 15,302,825.26Total Cash and Investments
Portfolio SA
CP
Run Date: 01/02/2023 - 15:39 PM (PRF_PM2) 7.3.11

Par Value Book Value
Maturity
Date
Accrued
InterestMarket Value
December 31, 2022
Portfolio Details with Earnings - Investments
Average
BalanceIssuer
Portfolio Management

SUCCESSOR AGENCIES MTB
CUSIP Investment #
Purchase
Date
Days To
Maturity
Unrealized
Gain/Loss
Current
Rate YTM
Local Agency Investment Funds
LAIF100 14,086,255.17 14,086,255.1707/01/2019 14,086,255.17SYS100 -3,518.16 0.000.3390.339 1 14,086,255.1714,086,255.1714,086,255.1714,086,255.17Subtotal and Average -3,518.16 0.001 0.3390.339 14,086,255.17 14,086,255.17 14,086,255.17 0.339 1 0.339 -3,518.16 0.0015,302,026.87Total and Average Portfolio SA
CP
Run Date: 01/02/2023 - 15:39 PM (PRF_PM8) 7.3.11
Report Ver. 7.3.11

Par Value Book Value
Accrued
InterestMarket Value
December 31, 2022
Portfolio Details with Earnings - Cash
Average
BalanceIssuer
Portfolio Management

SUCCESSOR AGENCIES MTB
CUSIP Investment #
Purchase
Date
Days To
Maturity
Unrealized
Gain/Loss
Current
Rate YTM
Checking Accounts
BOFW200 1,216,570.09 1,216,570.0908/31/2019 1,216,570.09200 0.00 0.000.0000.000 1 15,302,825.26 15,302,825.26 15,302,825.26 0.312 1 0.312 -3,518.16 0.00

0.00 15,302,026.87
Average Balance
Total Cash and Investments
Portfolio SA
CP
Run Date: 01/02/2023 - 15:39 PM (PRF_PM8) 7.3.11

Par Value
Stated
Rate
December 31, 2022
Investment Status Report - Investments
Portfolio Management
Book Value
Maturity
Date
Current
Principal

SUCCESSOR AGENCIES MTB
YTM
365
YTM
360
Payment
DatesCUSIP Investment # Issuer
Purchase
Date
Accrued Interest
At Purchase
Local Agency Investment Funds
LAIF100 14,086,255.17 14,086,255.170.339SYS100 07/15 - Quarterly07/01/2019 14,086,255.170.3390.334 14,086,255.17Local Agency Investment Funds Totals 14,086,255.170.000.33414,086,255.17 0.339 14,086,255.17Investment Totals 14,086,255.170.0014,086,255.17 0.334 0.339 Portfolio SA
CP
Run Date: 01/02/2023 - 15:39 PM (PRF_PMS) 7.3.11
Report Ver. 7.3.11

Par Value
Stated
Rate
December 31, 2022
Investment Status Report - Cash
Portfolio Management
Book Value
Maturity
Date
Current
Principal

SUCCESSOR AGENCIES MTB
YTM
365
YTM
360
Payment
DatesCUSIP Investment # Issuer
Purchase
Date
Accrued Interest
At Purchase
Checking Accounts
BOFW200 1,216,570.09 1,216,570.09200 09/30 - Monthly08/31/2019 1,216,570.090.0000.000 1,216,570.09Cash Totals
Total Cash and Investments 15,302,825.26
1,216,570.09
15,302,825.26

0.00 0.00
1,216,570.09
15,302,825.26 0.334 0.339
Portfolio SA
CP
Run Date: 01/02/2023 - 15:39 PM (PRF_PMS) 7.3.11

Stated
Rate
Transaction
Date
December 1, 2022 through December 31, 2022
Activity By Type
Balance
Beginning
Balance
Ending
Portfolio Management

SUCCESSOR AGENCIES MTB
CUSIP Investment # Issuer
Purchases
or Deposits
Redemptions
or Withdrawals
Local Agency Investment Funds (Monthly Summary)
14,086,255.17 14,086,255.17Subtotal
Checking Accounts (Monthly Summary)
BANK OF THE WEST200 825.00 0.00200

0.001,215,745.09 1,216,570.09Subtotal 825.00
15,302,000.26 15,302,825.26Total 0.00825.00
Portfolio SA
CP
Run Date: 01/02/2023 - 15:39 PM (PRF_PM3) 7.3.11
Report Ver. 7.3.11

December 2021 through December 2022
Activity Summary
Month
Portfolio Management
End Year
Number of
Securities
Total
Invested
360
Equivalent
365
Equivalent
Managed
Pool
Rate
Average
Term
Average
Days to Maturity

SUCCESSOR AGENCIES MTB
Number
of Investments
Purchased
Number
of Investments
Redeemed
Yield to Maturity
8,996,214.26December 2021 2 1 10.334 0.339 0.339 0 0
14,001,394.63January 2022 2 1 10.334 0.339 0.339 0 0
14,001,394.63February 2022 2 1 10.334 0.339 0.339 0 0
14,001,394.63March 2022 2 1 10.334 0.339 0.339 0 0
14,012,253.29April 2022 2 1 10.334 0.339 0.339 0 0
14,012,253.29May 2022 2 1 10.334 0.339 0.339 0 0
14,012,253.29June 2022 2 1 10.334 0.339 0.339 0 0
14,038,487.21July 2022 2 1 10.334 0.339 0.339 0 0
14,038,487.21August 2022 2 1 10.334 0.339 0.339 0 0
14,038,487.36September 2022 2 1 10.334 0.339 0.339 0 0
14,086,255.17October 2022 2 1 10.334 0.339 0.339 0 0
14,086,255.17November 2022 2 1 10.334 0.339 0.339 0 0
14,086,255.17December 2022 2 1 10.334 0.339 0.339 0 0
Average 13,647,029.64 0.334% 0.339% 0.339 0 0 1 12
Portfolio SA
CP
Run Date: 01/02/2023 - 15:39 PM (PRF_PM4) 7.3.11
Report Ver. 7.3.11

December 2021 through December 2022
Distribution of Investments By Type
Portfolio Management

SUCCESSOR AGENCIES MTB
AverageJanuaryDecember February
2021 2022 by Period
AprilMarch May
2022 2022
JulyJune August
2022 2022
September November
2022 2022
December
2022Security Type
October
2022202220222022
Certificates of Deposit - Bank
Certificates of Deposit - CU
100.0 100.0100.0Local Agency Investment Funds 100.0 100.0100.0 100.0 100.0100.0 100.0 100.0100.0 100.0 100.0% Money Market Funds
Federal Agency Issues Disc.-At Cost
Treasury Discounts -At Cost
Savings Accounts
Checking Accounts
Portfolio SA
CP
Run Date: 01/02/2023 - 15:39 PM (PRF_PM5) 7.3.11
Report Ver. 7.3.11

December 31, 2022
Interest Earnings Summary
Month EndingDecember 31 Fiscal Year To Date
Portfolio Management

SUCCESSOR AGENCIES MTB
CD/Coupon/Discount Investments:

0.00Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period

0.00 ( 0.00)

0.00 0.00
( 0.00)
Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period
Adjusted by Capital Gains or Losses
Earnings during Periods

0.00 0.00

0.00 0.00

0.00 0.00
Pass Through Securities:

0.00Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period

0.00 ( 0.00)

0.00 0.00
( 0.00)
Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period
Adjusted by Premiums and Discounts
Adjusted by Capital Gains or Losses
Earnings during Periods

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00
Cash/Checking Accounts:

0.00Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
-3,518.16
( -7,573.85)
26,234.07
-3,518.16
( -1,306.10)
Interest Earned during Period 4,055.69 24,022.01
Total Interest Earned during Period
Total Capital Gains or Losses
Total Earnings during Period
4,055.69

0.00 24,022.01

0.00 4,055.69 24,022.01
Portfolio SA
CP
Run Date: 01/02/2023 - 15:39 PM (PRF_PM6) 7.3.11
Report Ver. 7.3.11

ITEM # 16
RESOLUTION NO. 23-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO

APPROVING AND ALLOWING CERTAIN CLAIMS AND DEMANDS

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

SECTION 1. That the reference is hereby made to that certain Register of Audited Demand No.1545, consisting of 6 pages, and including:

Warrant No.

General: Checks No. 598818 through 598917
ACH No. 3509 through 3565
Successor Agency: Check No. 1499 through 1499
On file in the office of the City Clerk, the same having been audited and approved by the Assistant Director of Finance as required by law.

SECTION 2. That the said City Council having examined each such demand does hereby approve and direct the payment of same, as set forth in said Register, except the following Warrant No.
______________________________
______________________________
______________________________
SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.

RESOLUTION NO. 23-09

APPROVED AND ADOPTED this 13th day of February 2023.
_______________________________
David N. Torres, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 23-09 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 13th day of February 2023 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk

• Exhibit A – Warrant Register

EXHIBIT A
City of Montebello
Register of Demands No. 1545
From Payment Date 01/13/23 - To Payment Date 01/26/23

WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME General Account
3509 01/19/2023 $5,980.92 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 3510 01/19/2023 $538,281.40 CONTRACT SERVICES 3944 AMERICAN LANDSCAPE, INC.
3511 01/19/2023 $2,247.30 VEHICLE MAINTENANCE/EXPENSES 47980 AMERICAN MOVING PARTS 3512 01/19/2023 $40.00 CARPOOL INCENTIVE 61470 ERIKA L ANDRADE 3513 01/19/2023 $177.42 VEHICLE MAINTENANCE/EXPENSES 1101 BLACK AND WHITE EMERGENCY VEHICLES LLC 3514 01/19/2023 $30.00 CARPOOL INCENTIVE 3809 SAMANTHA CHENELIA 3515 01/19/2023 $70.00 CARPOOL INCENTIVE 3384 ALICIA FERNANDEZ 3516 01/19/2023 $7,656.72 CONTRACT SERVICES 371 FLO-SERVICES INC 3517 01/19/2023 $40.00 CARPOOL INCENTIVE 2572 MARLENE GIL 3518 01/19/2023 $40.00 CARPOOL INCENTIVE 3123 NEIRA YESSIE GRANADOS 3519 01/19/2023 $40.00 CARPOOL INCENTIVE 3196 MICAH HERD 3520 01/19/2023 $40.00 CARPOOL INCENTIVE 4280 NADINE HERNANDEZ 3521 01/19/2023 $37.49 SUPPLIES 2811 LIGHT BULB DEPOT 38 LLC 3522 01/19/2023 $30.00 CARPOOL INCENTIVE 3810 ALEXIS LUCERO 3523 01/19/2023 $9,045.00 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES 3524 01/19/2023 $1,491.00 CONTRACT SERVICES 3028 ONWARD ENGINEERING 3525 01/19/2023 $40.00 CARPOOL INCENTIVE 138 BRIANNON PADILLA 3526 01/19/2023 $30.00 CARPOOL INCENTIVE 3291 JOSEPH PALOMBI 3527 01/19/2023 $30.00 CARPOOL INCENTIVE 59960 JO ANN PANOSIAN 3528 01/19/2023 $1,050.00 CONTRACT SERVICES 13680 PEERY & ASSOCIATES INC 3529 01/19/2023 $456.00 CONTRACT SERVICES 2925 R-DOORS INC 3530 01/19/2023 $40.00 CARPOOL INCENTIVE 3712 MATTHEW ROBERT RAMOS 3531 01/19/2023 $33.71 SUPPLIES 1120 BLUETRITON BRANDS INC 3532 01/19/2023 $3,054.00 CONTRACT SERVICES 952 RELIANT IMMEDIATE CARE MEDICAL GROUP INC 3533 01/19/2023 $40.00 CARPOOL INCENTIVE 69960 NICOLE I SAUCEDO 3534 01/19/2023 $40.00 CARPOOL INCENTIVE 2985 KEVIN SAYCOCIE 3535 01/19/2023 $40.00 CARPOOL INCENTIVE 24280 MARTIN SOLANO
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME 3536 01/19/2023 $30.00 CARPOOL INCENTIVE 3001 MICHAEL SOLORZA 3537 01/19/2023 $40.00 CARPOOL INCENTIVE 3053 MICHAEL TELLES 3538 01/19/2023 $80.00 CARPOOL INCENTIVE 1091 JANELLE TORRES 3539 01/19/2023 $7,000.00 CONTRACT SERVICES 3433 VECTIS DC LLC 3540 01/19/2023 $37.99 VEHICLE MAINTENANCE/EXPENSES 3163 BANK OF AMERICA 3541 01/19/2023 $4,837.11 TRAINING 3163 BANK OF AMERICA 3542 01/19/2023 $256.33 SUPPLIES 3163 BANK OF AMERICA
3543 01/26/2023 $1,652.44 UNIFORM EXPENSE 20350 ALLSTAR FIRE EQUIPMENT INC

EXHIBIT A
City of Montebello
Register of Demands No. 1545
From Payment Date 01/13/23 - To Payment Date 01/26/23

3544 01/26/2023 $168.82 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 3545 01/26/2023 $746.34 VEHICLE MAINTENANCE/EXPENSES 47980 AMERICAN MOVING PARTS 3546 01/26/2023 $35,319.02 CONTRACT SERVICES 3016 ANTARES GOLF LLC 3547 01/26/2023 $2,890.76 ADVERTISING/PRINTING SERVICES 35980 SAEED RADMEHR 3548 01/26/2023 $38,466.32 WATER PURCHASE RESALE 19120 CENTRAL BASIN MUNICIPAL WATER DISTRICT 3549 01/26/2023 $2,953.90 SUPPLIES 10000 CLEAN SWEEP SUPPLY CO INC 3550 01/26/2023 $737.05 CONTRACT SERVICES 2889 COMLOCK SECURITY GROUP INC 3551 01/26/2023 $28,050.97 CONTRACT SERVICES 75950 FIESTA TAXI COOPERATIVE INC 3552 01/26/2023 $2,060.00 CDBG-CV 3169 FOOTHOLD TECHNOLOGY INC 3553 01/26/2023 $501.33 VEHICLE MAINTENANCE/EXPENSES 22560 H & H AUTO PARTS WHOLESALE 3554 01/26/2023 $450.00 CONTRACT SERVICES 16760 LIEBERT CASSIDY WHITMORE 3555 01/26/2023 $968.60 SUPPLIES 26670 LIFE-ASSIST INC
3556 01/26/2023 $255,823.61 IMPROVEMENTS OTHER THAN BUILDIN 26880 SEBASTIAN WATERWORKS INC 3557 01/26/2023 $116,101.73 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES 3558 01/26/2023 $41,617.80 CONTRACT SERVICES 42180 PCAM LLC 3559 01/26/2023 $50,357.14 CONTRACT SERVICES 54240 PDQ ENTERPRISES INC 3560 01/26/2023 $18.74 ADVERTISING/PRINTING SERVICES 2594 THE SAUCE CREATIVE SERVICES CORP 3561 01/26/2023 $40,562.88 FUEL INVENTORY 1059 AMBER RESOURCES LLC 3562 01/26/2023 $57.87 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 3563 01/26/2023 $5,461.71 SUPPLIES 3088 WAXIES ENTERPRISES LLC WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME 3564 01/26/2023 $285.00 CONTRACT SERVICES 2865 WEBSTERS BEE REMOVAL SERVICES 3565 01/26/2023 $359.50 CONTRACT SERVICES 183 WECK LABORATORIES ENVIRONMENTAL SERVICES INC ACH TOTAL $1,207,993.92
598818 01/19/2023 $1,480.12 VEHICLE MAINTENANCE/EXPENSES 3333 A & A FLEET PAINTING INC 598819 01/19/2023 $94.48 UTILITY SERVICES 39550 AT&T

EXHIBIT A
City of Montebello
Register of Demands No. 1545
From Payment Date 01/13/23 - To Payment Date 01/26/23

598820 01/19/2023 $4,108.24 UTILITY SERVICES 39550 AT&T 598821 01/19/2023 $125.00 DUES & SUBSCRIPTIONS 2717 CALIFORNIA CLETS USERS GROUP 598822 01/19/2023 $115.63 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 598823 01/19/2023 $69.98 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 598824 01/19/2023 $28,000.00 CONTRACT SERVICES 3417 CITY OF SANTA FE SPRINGS 598825 01/19/2023 $33,850.00 MACHINERY & EQUIPMENTS 69970 COMMLINE INC 598826 01/19/2023 $1,494.03 CONTRACT SERVICES 3920 FIRST PLACE GLASS, INC. 598827 01/19/2023 $30.00 CARPOOL INCENTIVE 3706 ALEX GILLMAN 598828 01/19/2023 $635.00 GENERAL GOVERNMENT 3831 GUILLE GOMEZ 598829 01/19/2023 $1,994.92 LEASE PAYMENT 2405 JCB FINANCE 598830 01/19/2023 $4,728.85 SUPPLIES 1578 UNIFORM HEADQUARTERS 598831 01/19/2023 $1,051.12 TRAVEL & MEETINGS 3507 MARK KIM 598832 01/19/2023 $40.00 CARPOOL INCENTIVE 3893 MICHAEL FRANCO LOPEZ 598833 01/19/2023 $440.59 MISCELLANEOUS EXPENSE 43760 ALFRED MARTINEZ 598834 01/19/2023 $350,000.00 SETTLEMENTS 72730 RAFFI MINASIAN 598835 01/19/2023 $317.46 VEHICLE MAINTENANCE/EXPENSES 54300 SHAK ENTERPRISES INC 598836 01/19/2023 $40.00 CARPOOL INCENTIVE 3657 STACEY MORALES 598837 01/19/2023 $22,800.04 CONTRACT SERVICES 34750 MBN SERVICES INC 598838 01/19/2023 $895.00 CONTRACT SERVICES 23340 ORANGE COUNTY TANK TESTING INC 598839 01/19/2023 $40.00 CARPOOL INCENTIVE 65330 WENDY PEREZ 598840 01/19/2023 $87.12 SUPPLIES 56260 PRUDENTIAL OVERALL SUPPLY 598841 01/19/2023 $75.00 TRAINING 51460 RIO HONDO COMMUNITY COLLEGE WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME 598842 01/19/2023 $40.00 CARPOOL INCENTIVE 3584 BRENDA RODRIGUEZ 598843 01/19/2023 $304.00 TRAINING 3448 SAVAGE TRAINING GROUP LLC 598844 01/19/2023 $4,975.10 CONTRACT SERVICES 673 SILVER & WRIGHT LLP 598845 01/19/2023 $25,860.49 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 598846 01/19/2023 $300.00 DUES & SUBSCRIPTIONS 29600 SOCAL PUBLIC LABOR RELATIONS COUNCIL

EXHIBIT A
City of Montebello
Register of Demands No. 1545
From Payment Date 01/13/23 - To Payment Date 01/26/23

598847 01/19/2023 $26,893.00 CONTRACT SERVICES 3946 SPIRIT GENERAL CONTRACTING & DESIGN, INC 598848 01/19/2023 $73,401.84 FRINGE BENEFITS 25850 STANDARD INSURANCE COMPANY 598849 01/19/2023 $312.50 CONTRACT SERVICES 65440 TIERRA WEST ADVISORS 598850 01/19/2023 $699.00 TRAINING 2699 KIM TUNRER
598851 01/19/2023 $9,923.92 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICE LP 598852 01/19/2023 $4,363.40 CONTRACT SERVICES 37 US SECURITY ASSOCIATES INC 598853 01/19/2023 $3,307.50 VEHICLE MAINTENANCE/EXPENSES 3450 VALLEY POWER SYSTEMS INC 598854 01/19/2023 $204.60 SUPPLIES 9470 W W GRAINGER INC 598855 01/19/2023 $1,359.51 CONTRACT SERVICES 3951 MARGARITA ZAVALA 598856 01/26/2023 $120.00 PARKS AND RECREATION 3535 HECTOR RAMIREZ 598857 01/26/2023 $527.01 SUPPLIES 1670 ADAMSON POLICE PRODUCTS 598858 01/26/2023 $1,419.00 CONTRACT SERVICES 1287 ALTA LANGUAGE SERVICES INC 598859 01/26/2023 $230.00 CONTRACT SERVICES 3881 APEX INVESTIGATIVE SERVICES, INC. 598860 01/26/2023 $2,932.53 UTILITY SERVICES 38380 AT&T 598861 01/26/2023 $6,205.07 UTILITY SERVICES 39550 AT&T 598862 01/26/2023 $2,134.10 VEHICLE MAINTENANCE/EXPENSES 278 ATLAS RADIATOR INC 598863 01/26/2023 $1,640.00 CONTRACT SERVICES 17870 THE BANK OF NEW YORK MELLON 598864 01/26/2023 $106,625.00 CONTRACT SERVICES 3953 BANNER BANK 598865 01/26/2023 $250.00 GENERAL GOVERNMENT 3963 ROSANA BARRERA 598866 01/26/2023 $1,372.50 CONTRACT SERVICES 239 BEST BEST & KRIEGER LLP 598867 01/26/2023 $2,468.85 CONTRACT SERVICES 27170 BEVERLY HOSPITAL 598868 01/26/2023 $250.00 GENERAL GOVERNMENT 3965 SIMONE BIVENS 598869 01/26/2023 $11,766.33 CONTRACT SERVICES 3130 BLAIS & ASSOCIATES LLC WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME 598870 01/26/2023 $306.90 DUE TO CALIFORNIA BUILDING

STANDARDS COMMISSION
68300 CALIFORNIA BUILDING STANDARDS COMMISSION
598871 01/26/2023 $58.78 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 598872 01/26/2023 $250.00 GENERAL GOVERNMENT 3962 ALMA CASTANEDA

EXHIBIT A
City of Montebello
Register of Demands No. 1545
From Payment Date 01/13/23 - To Payment Date 01/26/23

598873 01/26/2023 $95.98 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 598874 01/26/2023 $349.52 CONTRACT SERVICES 36870 CINTAS CORPORATION NO 3 598875 01/26/2023 $1,660.00 CONTRACT SERVICES 3204 COASTAL OCCUPATIONAL MEDICAL GROUP 598876 01/26/2023 $422.01 PERMITS AND FEES 31150 DEPARTMENT OF CONSERVATION 598877 01/26/2023 $300.00 TRAINING 3959 BAILEY DUGGAN
598878 01/26/2023 $193.00 CONTRACT SERVICES 1117 FILE KEEPERS LLC 598879 01/26/2023 $60.00 PARKS AND RECREATION 3954 FLORES SILVIA 598880 01/26/2023 $60.00 PARKS AND RECREATION 2094 JESUS GARCIA 598881 01/26/2023 $113.00 CONTRACT SERVICES 3637 GENEX SERVICES LLC 598882 01/26/2023 $270,658.21 CONTRACT SERVICES 13750 CITY OF GLENDALE 598883 01/26/2023 $300.00 TRAINING 3745 RUBEN GONZALEZ
598884 01/26/2023 $9,433.02 CONTRACT SERVICES 33460 GOODYEAR TIRE & RUBBER COMPANY 598885 01/26/2023 $33.59 VEHICLE MAINTENANCE/EXPENSES 15440 HOSE-MAN INC 598886 01/26/2023 $1,149.76 VEHICLE MAINTENANCE/EXPENSES 582 HYDRAULIC ELECTRIC INC 598887 01/26/2023 $11,100.00 CONTRACT SERVICES 3480 JEFFREY ALAN TRAVIS 598888 01/26/2023 $300.00 TRAINING 3960 GENEVIEVE LASTRA 598889 01/26/2023 $60.00 PARKS AND RECREATION 3966 MICHELLE LOPEZ 598890 01/26/2023 $250.00 GENERAL GOVERNMENT 3964 MARIE MONTANA 598891 01/26/2023 $1,489.96 VEHICLE MAINTENANCE/EXPENSES 54300 SHAK ENTERPRISES INC 598892 01/26/2023 $15,673.50 CONTRACT SERVICES 34750 MBN SERVICES INC 598893 01/26/2023 $2,733.79 VEHICLE MAINTENANCE/EXPENSES 2480 SOCAL AUTO & TRUCK PARTS INC 598894 01/26/2023 $334,100.81 IMPROVEMENTS OTHER THAN BUILDIN 3399 NCM ENGINEERING CORP 598895 01/26/2023 $206.02 SUPPLIES 15620 OFFICE DEPOT INC 598896 01/26/2023 $4.84 UTILITY SERVICES 36610 CITY OF PICO RIVERA 598897 01/26/2023 $1,398.03 SUPPLIES 56260 PRUDENTIAL OVERALL SUPPLY WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME 598898 01/26/2023 $300.00 TRAINING 3958 GINO RODRIGUEZ
598899 01/26/2023 $891.89 UTILITY SERVICES 14730 SAN GABRIEL VALLEY WATER CO 598900 01/26/2023 $23,728.33 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON

EXHIBIT A
City of Montebello
Register of Demands No. 1545
From Payment Date 01/13/23 - To Payment Date 01/26/23

598901 01/26/2023 $25,766.25 UTILITY SERVICES 40520 SOUTHERN CALIFORNIA GAS CO 598902 01/26/2023 $3,312.60 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC 598903 01/26/2023 $2,017.50 CONTRACT SERVICES 71210 STAR-DUST TOURS INC 598904 01/26/2023 $2,760.37 UTILITY SERVICES 72570 US TELEPACIFIC CORP 598905 01/26/2023 $1,125.00 CONTRACT SERVICES 3647 TIM KARL TRAEGER 598906 01/26/2023 $1,614.18 SUPPLIES 45120 ULINE INC
598907 01/26/2023 $73,257.03 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICE LP 598908 01/26/2023 $4,172.67 CONTRACT SERVICES 37 US SECURITY ASSOCIATES INC 598909 01/26/2023 $10,000.00 MAIL/ POSTAL EXPENSE 68120 USPS-HASLER 598910 01/26/2023 $135.00 GENERAL GOVERNMENT 3955 VANESSA VALDEZ 598911 01/26/2023 $938.70 VEHICLE MAINTENANCE/EXPENSES 2701 VARGAS DIESEL INC 598912 01/26/2023 $63.43 SUPPLIES 9470 W W GRAINGER INC 598913 01/26/2023 $4,470.21 VEHICLE MAINTENANCE/EXPENSES 25860 WAYNE HARMEIER INC 598914 01/26/2023 $55.00 CONTRACT SERVICES 3006 WORLD OIL ENVIRONMENTAL SERVICES 598915 01/26/2023 $18,472.82 CONTRACT SERVICES 3731 YUNEX LLC 598916 01/26/2023 $579.70 CONTRACT SERVICES 2905 ZUTRA WATER 598917 01/26/2023 $250.00 GENERAL GOVERNMENT 3938 YOLANDA FIGUEROA

CHECK TOTAL
Successor Agency (SA)
$1,569,069.23
1499 01/26/2023 $4,100.00 CONTRACT SERVICES 15180 STEARNS CONRAD AND SCHMIDT CONSULTING ENG SA TOTAL $4,100.00
GRAND TOTAL $2,781,163.15

CITY OF MONTEBELLO

CITY COUNCIL, SUCCESSOR AGENCY, AND PUBLIC FINANCING AUTHORITY

JOINT REGULAR MEETING

MINUTES
WEDNESDAY, NOVEMBER 16, 2022 AT 5:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES

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

ROLL CALL
Members present were Mayor/Chairperson Cobos-Cawthorne, Mayor Pro Tem Jimenez/Vice Chairperson (arrived at 5:07 p.m.), Councilmember/Member Peralta, Councilmember/Member Melendez, and Councilmember/Member Torres. City Clerk/Board Secretary Jimenez and Treasurer Gutierrez were also present (Treasurer Gutierrez arrived at 5:55 p.m.).

PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
At this time, the general public may address the City Council/PFA on Closed Session Items. Please be aware that the maximum time allotted for members of the public to speak on Closed Session Items shall not exceed three (3) minutes per person. State Law prohibits the City Council/PFA from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor.

There were Closed Session speaker cards or public comments submitted by the public.

CLOSED SESSION 5:00 P.M.

The City Attorney shall provide a briefing on the item listed for Closed Session as follows:

Item 2a. was added to the agenda as a subsequent need matter pursuant to Government Code Section 54956.9 (d)(4). It was motioned by Councilmember Melendez, seconded by Councilmember Peralta, that the item be added; the motion was approved unanimously.

Mayor Cobos-Cawthorne recessed the meeting into Closed Session at 5:08 p.m. to consider the following Closed Session items, including the added item:

ITEM # 17

November 16, 2022: City Council and Public Financing Authority Meeting Minutes

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

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

Walk On Item No. 2.5.

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Government Code Section 54956.9(d)(4)
One matter related to GFC
REGULAR SESSION NO LATER THAN 6:00 P.M.

CLOSED SESSION REPORT

Mayor Cobos-Cawthorne reconvened the meeting at 6:05 p.m.

All five members were present to discuss all Closed Session items. City Attorney Arnold Alvarez-Glasman provided the following report to City Council: a briefing was provided on Item No. 1, no action taken and nothing to report; a briefing and update was provided on Item No. 2, no action taken and nothing to report; Item No. 2.5 was related to a further resolution claim and settlement agreement with Garfield Financial Corporation. The City Council provided authority and direction to the City Attorney and City Manager's office, consistent with the terms discussed in Closed Session, the City attorney's office will execute the necessary release from Garfield Financial Corporation to effectuate those terms; Item No.

2.5 was approved unanimously by the City Council.

INVOCATION
City Treasurer Rafael Gutierrez led the City Council in the Invocation.

PLEDGE OF ALLEGIANCE
Director Razo led the City Council in the Pledge of Allegiance.

CORRECTIONS TO THE AGENDA CITY MANAGER
City Manager Bobadilla stated there were no corrections to the agenda. City Attorney Alvarez-Glasman later stated that there was a correction needed on Item No. 26, Agreement No. 4043, paragraph #7 to be removed from the agreement and a final version will be provided.

CEREMONIAL/PRESENTATIONS

3. RECOGNITION OF CITIZEN OF THE MONTH - ERNIE PERALTA
Presented by Mayor Cobos-Cawthorne.

4. RECOGNITION OF MENS HEALTH AWARENESS MONTH
Presented by Mayor Cobos-Cawthorne.

November 16, 2022: City Council and Public Financing Authority Meeting Minutes

5. RECOGNITION OF ALZHEIMER DISEASE AWARENESS MONTH

Presented by Mayor Cobos-Cawthorne.

PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS (30 MINUTES) At this time, the general public may address the City Council/PFA on both non-agenda and agenda items. Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council/PFA from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor.

The Public Comment period started at 6:21 p.m. The City Clerk’s Office acknowledged two (2) members of the public wishing to address the City Council. Speakers were provided three minutes to address the City Council and said speaker cards are on file at the City Clerk’s office.

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

One (1) additional speaker card was submitted after the written comments were read; said speaker was provided three minutes to address the City Council and the speaker card is on file at the City Clerk's office. The Public Comment Period ended at 6:37 p.m.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
Director Sosnowski provided the City Council an update of the upcoming City events.

PUBLIC HEARING

6. PUBLIC HEARING APPROVING AN ENERGY SERVICES CONTRACT WITH THERMA, LLC.

NOTE: This Public Hearing has been canceled.

RECOMMENDATION:

The Public Hearing was canceled.

REGULAR BUSINESS

7. INTRODUCE AND WAIVE FIRST READING OF ORDINANCE NO. 2457 AMENDING CHAPTER 2.14 OF THE

MONTEBELLO MUNICIPAL CODE TO UPDATE THE RULES OF ORDER AND PROCEDURE FOR THE

CONDUCT OF ALL CITY COUNCIL AND SUCCESSOR AGENCY MEETINGS, PROCEEDINGS, AND

BUSINESS

RECOMMENDATION: It is recommended that the City Council:

1. Introduce and waive First Reading of Reading of Ordinance No. 2457 Amending Chapter 2.14 of the Montebello Municipal Code Updating the Rules of Order and Procedure for the Conduct of all City Council and Successor Agency Meetings, Proceedings, and Business; and

2. Take such additional related action that may be desirable.

City Attorney Alvarez presented the Staff Report and was available to answer any questions.

Councilmember Torres stated that there are still provisions that are concerning. Councilmember Melendez stated that the Ordinance complies with State law regarding decorum procedures. Councilmember Peralta stated that she would like the City Council to provide feedback, specifically comments related to community engagement.

Councilmember Melendez motioned to approve as recommended by staff, seconded by Mayor Pro Tem Jimenez and passed by the following vote:

November 16, 2022: City Council and Public Financing Authority Meeting Minutes

MOVED: Melendez SECONDED: Jimenez APPROVED: 3-2-0-0
AYES: Melendez, Jimenez, Cobos-Cawthorne
NOES: Peralta, Torres
ABSTAIN: None
ABSENT: None

8. FISCAL YEAR 2022-23 FIRST QUARTER BUDGET REPORT

RECOMMENDATION: It is recommended that City Council:

1. Receive and file this agenda report and the presentation on the Fiscal Year 2022-23 First Quarter Budget; and

2. Update the Table of Organization/Master Position Control by adding four (4.0) positions (Attachment C) to various departments; and

3. Approve Resolution No. 22-91(Attachment D) amending the Compensation Plan to add two (2.0) new job classifications; and

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

Director Solorza provided a PowerPoint presentation to the City Council with an overview of the following: FY, Budget Development 5 year cycle, Process Improvements, FY 22-23 Updated Year-End Forecast, FY 22-23 General Fund Revenue; Sources of Revenue Adopted Budget; Revenue Projections, FY 22-23 Sales Tax Focus, General Fund Expenditures, Expenditures by Function Adopted Budget, Department Expenditures, and was available to answer any questions.

City Manager Bobadilla stated that from 2000-2019 the City of Montebello never had a balanced budget and currently the City Council has adopted three surplus budgets.

Councilmember Torres asked for clarification on the 8 million dollar surplus and Director Solorza provided an explanation.

In addition, Councilmember Torres asked clarifying questions regarding the Human Resources positions and Director Razo provided a briefing to explain the need. Councilmember Melendez commended the staff and stated that he supports staff needs. Councilmember Peralta commended the staff and asked for clarification on how ARPA funds became surplus funds and promoted prioritizing positions in public safety. Mayor Pro Tem Jimenez commended the staff and stated her support for the healthy surplus. Mayor Cobos-Cawthorne asked for clarification on the use of ARPA funds; Director Solarza provided clarification.

It was motioned by Mayor Pro Tem Jimenez, seconded by Councilmember Melendez to approve the item as recommended by staff; the motion was approved unanimously.

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a Councilmember wishes to discuss should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any ordinance.

Councilmembers Torres and Peralta pulled Item No’s. 9, 13, and 20. In addition, Councilmember Torres pulled Item No's. 18 and 23 and Mayor Cobos-Cawthorne pulled Item No. 16. It was motioned by Councilmember Melendez, seconded by Councilmember Torres, that Item No’s. 10-12, 14-15, 17, 19, 21-22, and 26 be approved; the motion passed unanimously.

9. SECOND READING AND ADOPTION OF ORDINANCE NO’S. 2454, 2455, AND 2456 APPROVING DEVELOPMENT AGREEMENTS (DA02-22, 03-22, AND 04-22) BETWEEN THE CITY OF MONTEBELLO AND CLEAR CHANNEL OUTDOOR, LLC FOR PROPERTY AT 1720 S. BLUFF ROAD, 1633 WASHINGTON BOULEVARD, AND 1915 W. WHITTIER BOULEVARD

November 16, 2022: City Council and Public Financing Authority Meeting Minutes

RECOMMENDATION: It is recommended that the City Council:

1. Waive second reading and adopt Ordinance No. 2454 approving a Development Agreement (DA 02-22) by and between the City of Montebello and Clear Channel Outdoor, LLC for the property located at 1720 S. Bluff Road (Attachment A), and find the project is exempt pursuant to Sections 15061(b)(3) (“Common Sense Exemption”) and 15303 (“New Construction or Conversion of Small Structures”) of the CEQA Guidelines; and

2. Waive second reading and adopt Ordinance No. 2455 approving a Development Agreement (DA 03-22) by and between the City of Montebello and Clear Channel Outdoor, LLC for the property located at 1633 Washington Blvd. (Attachment B), and find the project is exempt pursuant to Sections 15061(b)(3) (“Common Sense Exemption”) and 15303 (“New Construction or Conversion of Small Structures”) of the CEQA Guidelines; and

3. Waive second reading and adopt Ordinance No. 2456 approving a Development Agreement (DA 04-22) by and between the City of Montebello and Clear Channel Outdoor, LLC for the property located at 1915 W. Whittier Blvd. (Attachment C), and find the project is exempt pursuant to Sections 15061(b)(3) (“Common Sense Exemption”) and 15303 (“New Construction or Conversion of Small Structures”) of the CEQA Guidelines; and

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

Councilmembers Torres and Peralta pulled this item for discussion. Councilmember Torres stated his opposition to approving Ordinance 2456 which would be near a residential area. Furthermore, Councilmember Torres suggested directing staff to conduct a study to determine the locations where the electronics could be installed in the future.

Councilmember Torres motioned to approve Ordinance No's. 2454 and 2455, and conduct a study to determine a new location stated in Ordinance No. 2456.

Councilmember Melendez asked if approving only two of the Ordinances would affect the contractual obligation with Clear Channel Outdoor, LLC. City Manager Bobadilla stated that it would affect the contractual obligation. Councilmember Peralta seconded the motion and supported Councilmember Torres' comments. Councilmember Melendez suggested making a substitute motion to adopt Ordinance No's. 2454 and 2455 and tabling the discussion related to Ordinance No. 2456 to allow for further discussion. City Manager Bobadilla asked if Clear Channel Outdoor LLC representative, Mr.

Lawson, could have an opportunity to comment prior to a vote being taken. Mr. Lawson commented that he understands the location is in question but there is an existing sign in that location and the new sign would improve the technology directing the lights to streets rather than various locations. Furthermore, Mr. Lawson encouraged that all three Ordinances pass and he would work with the Council on solutions for the location in question. Councilmember Melendez clarified his substitute motion and stated it was to table the item in its entirety at a future meeting; the motion was seconded by Councilmember Torres. Clear Channel stated that if there was a continuation of this item, that he respectfully asked the item not be brought for further consideration, and considered approving the item and working with the City Council to address areas of concern.

After further discussion, Councilmember Melendez amended his substitute motion to pass Ordinance No's. 2454, 2455 and bring back Ordinance No. 2456 for a Second Reading and consideration of adoption at a future meeting. To avoid confusion, Councilmember Melendez withdrew his substitute motion.

Director Palombi stated that the signs could be monitored. This would include mitigating the impact of the signs and revisiting the matter if it becomes an issue. Mr. Lawson explained that a baseline would be established and an Illumination Engineer would put together a report to take the current readings now versus when the new board is installed. A new report will be conducted and the boards are continuously monitored; a light sensor is on the board that automatically updates remotely. With that understanding, Councilmember Torres withdrew his original motion and motioned to approve Ordinance 2454 and 2455 unconditionally and Ordinance No. 2456 with the conditions discussed; the motion was seconded by Mayor Pro Tem Jimenez and approved unanimously.

10. ADOPT CITY COUNCIL RESOLUTION NO. 22-90/SUCCESSOR AGENCY RESOLUTION NO. 22-04

APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE PROPOSED DISPOSITION OF REAL PROPERTY LOCATED AT 701-705 W. WHITTIER BOULEVARD AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE PURCHASE AND SALE AGREEMENT ON BEHALF OF THE CITY OF MONTEBELLO

November 16, 2022: City Council and Public Financing Authority Meeting Minutes

RECOMMENDATION: It is recommended that the City Council/Successor Agency to the former Community Redevelopment Agency of the City of Montebello adopt City Council Resolution No. 22- 90/Successor Agency Resolution No. 22-04:

1. Finding that the sale of the Property is exempt under CEQA pursuant to CEQA Guidelines Section 15312 – Class 12 Categorical Exemption relating to the sale of surplus government property and CEQA Guidelines Section 15060(c)(3) because the sale does not have the potential for creating a significant effect on the environment and therefore it is not a project as defined by the CEQA Guidelines Section 15378; and

2. Approving the Successor Agency’s disposition of the real property located at 701-705 W. Whittier Boulevard in the City of Montebello, California identified as Los Angeles County Assessor’s Parcel No. 6349-007-917 for $500,000; and

3. Approving the form and material terms of the Purchase and Sale Agreement No. 4049, and authorize the Executive Director (i.e. City Manager) and Agency Counsel (i.e. City Attorney) to finalize negotiations and the agreement (provided that no material changes to the purchase price or property are made); and

4. Authorize the Executive Director to execute the final Purchase and Sale Agreement between the Successor Agency to the Redevelopment Agency of the City of Montebello and SAM Entertainment Group LLC, and any related documents necessary to reasonably complete the proposed disposition in accordance with the final agreement; and

5. Adopt City Council Resolution No. 22-90/Successor Agency Resolution No. 22-04 to Declare the Property “Surplus” and Certify Compliance with the Surplus Land Act.

6. Take such additional, related action that may be necessary to implement the approved transaction.

Approved unanimously.

11. NOTICE OF COMPLETION - CP NO. 881, VARIOUS STREETS IMPROVEMENT PROJECT

RECOMMENDATION: It is recommended that the City Council:

1. Accept the Various Streets Improvement Project (CP No. 881), as completed by Sequel Contractors, Inc.; and

2. Approve the final contract amount with Sequel Contractors, Inc. for the construction of the Project in the amount of $898,308, including change orders; and

3. Authorize the City Clerk to execute, verify and file the Notice of Completion (Attachment A) with the Los Angeles County Registrar-Recorder; and

4. Authorize the City Manager to release the retention payment due to Sequel Contractors, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded; and

5. Approve the Final Total Project Budget (Attachment B); and

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

Approved unanimously.

12. AUTHORIZATION OF FINAL INVOICE PAYMENT FOR AGREEMENT NOS. 3504 AND 3066 -

INFRASTRUCTURE ENGINEERS

RECOMMENDATION: It is recommended that the City Council:

1. Authorize payment of final invoices for Agreement Nos. 3504 and 3066 with Infrastructure Engineers in the aggregate amount of $208,654; and

2. Reaffirm the termination of Agreement Nos. 3504 and 3066 with Infrastructure Engineers; and

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

Approved unanimously.

13. APPROVAL OF AGREEMENT NO. 4047 WITH KTU&A (DBA KTUA) FOR THE RIO HONDO RIVER ACCESS

IMPROVEMENT PROJECT DESIGN SERVICES

November 16, 2022: City Council and Public Financing Authority Meeting Minutes

RECOMMENDATION: It is recommended that the City Council:

1. Approve Agreement No. 4047 with KTU&A (dba “KTUA”) for design and architectural services for the Rio Hondo River Access Improvement Project (RH Project); and

2. Find and determine that the Rio Hondo Project is exempt from CEQA pursuant to Categorical Exemption Section 15301 (Class – 1, Existing Facilities) and Section 15311 (Class – 11, Accessory Structures) of the CEQA Guidelines; and

3. Authorize the City Manager to execute the Agreement on behalf of the City; and

4. Amend the Fiscal Year 2022-23 budget by increasing expenditure and revenue appropriations by $477,750 in Measure A – Parks Fund 221 (Account No. 221-99-6040.96, (Measure A Local, Other Contract Services - Engineering Design Services) and 221-99-3630.60 (Measure A Local, Special Revenue Measure A Local); and

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

Councilmember Torres asked if it would be best to proceed with an RFP for this item. Director Sosnowski provided clarification that there was no interest from any of the consultants on the bench and KTUA assisted with the initial process; therefore, is best suited for the project. Councilmember Torres motioned to approve this item as recommended by staff; the motion was seconded by Councilmember Peralta and approved unanimously.

14. AUTHORIZE THE CITY MANAGER TO APPROVE A LEASE AGREEMENT WITH E-Z-GO DIVISION, OF TEXTRON INCORPORATED, FOR FORTY-SIX (46) ELECTRIC GOLF CARTS

RECOMMENDATION: It is recommended that the City Council:

1. Approve a five-year lease agreement for electric golf carts with E-Z-GO Division of Textron Inc. for use at the Montebello Golf Course (Golf Course); and

2. Authorize the City Manager to execute the lease agreement on behalf of the City; and

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

Approved unanimously.

15. AWARD A PROFESSIONAL SERVICES AGREEMENT, NO. 4040, TO UNIVERSAL PROTECTION SERVICE,

LP DBA ALLIED UNIVERSAL SECURITY SERVICES, FOR THE UNARMED TRANSIT SECURITY GUARD SERVICES REQUEST FOR PROPOSAL NO. 22-7

RECOMMENDATION: It is recommended that the City Council:

1. Award a Professional Services Agreement, No. 40-40 to Universal Protection Service, LP dba Allied Universal Security Services, for a three-year (3-year) term with the option for renewal of up to two (2) additional one-year (1-year) terms, for a total not-to-exceed amount of Two Million, Seven Hundred and Nine Thousand, Two-Hundred and Thirty-Nine Dollars ($2,709,239) over the three-year term; and

2. Authorize the City Manager to take actions necessary to execute and finalize an agreement on behalf of the City of Montebello; and

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

Approved unanimously.

16. APPROVAL TO PROVIDE RECRUITMENT INCENTIVES TO QUALIFIED FIREFIGHTERS/PARAMEDICS

RECOMMENDATION: It is recommended that the City Council:

1. Approve a Lateral Bonus Recruitment Incentive Program to provide recruitment incentives for qualified Firefighter/Paramedics and referral bonuses to current employees; and

November 16, 2022: City Council and Public Financing Authority Meeting Minutes

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

Mayor Cobos-Cawthorne pulled this to express her support and made a motion to approve the item as recommended by Staff; the motion was seconded by Councilmember Peralta and passed unanimously.

17. APPROVAL TO SUBMIT GRANT APPLICATION TO THE BOARD OF STATE AND COMMUNITY CORRECTIONS, PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT PROGRAM

RECOMMENDATION: It is recommended that the City Council:

1. Approve the submission of the grant application for the Board of State and Community Corrections (BSCC), Proposition 64 Public Health and Safety Grant Program; and

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

Approved unanimously.

18. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT NO. 4039 WITH KIM TURNER, LLC FOR POLICE

COMMUNICATIONS CONSULTING SERVICES

RECOMMENDATION: It is recommended that the City Council:

1. Approve the attached Professional Services Agreement No. 4039 with Kim Turner, LLC in an amount not to exceed $59,378; and

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

Councilmember Torres pulled this item for discussion but waived his comments and made a motion to approve the item as recommended by staff, seconded by Councilmember Peralta; the motion was approved unanimously.

19. ADOPT RESOLUTION NO. 22- 86 AMENDING THE MASTER FEE SCHEDULE AND ESTABLISHING

CONCEALED WEAPONS PERMIT (CCW) APPLICATION FEES

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 22-86, Amending the Master Fee Schedule establishing Concealed Weapons Permit (CCW) Application Fees; and

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

Approved unanimously.

20. APPROVAL OF AMENDMENT NO. 1 TO AGREEMENT NO. 3957 WITH 789, INC. TO RETAIN PROFESSIONAL SERVICES FOR CITYWIDE BRANDING NEEDS.

RECOMMENDATION: It is recommended that the City Council:

1. Approve Amendment No. 1 to Agreement No. 3957, between the City of Montebello and 789 ,Inc. for ongoing professional graphics design and support for Citywide branding services; and

2. Authorize the City Manager and/or his designee to execute Amendment No. 1 with 789, Inc. on behalf of the City; and

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

Councilmember Torres pulled this item for discussion and made a statement in opposition to bringing this forward for an increase. He also asked a clarifying question about the discrepancy with the expiration date stated in the amendment.

Director Chee stated that the correct date would be to extend the term to June of 2023, which is when the current scope of work should be completed. Councilmember Torres asked if it would be appropriate to update the Amendment with that

November 16, 2022: City Council and Public Financing Authority Meeting Minutes

correction; Director Chee agreed to do so.

It was motioned by Councilmember Torres, seconded by Mayor Prop Tem Jimenez to approve the item with that change; the motion was approved unanimously.

21. APPROVAL OF AGREEMENT NO. 4048 - LS-1 OPTION E AGREEMENT WITH SOUTHERN CALIFORNIA

EDISON TO REPLACE HIGH PRESSURE SODIUM VAPOR STREET LIGHTS WITH LIGHT-EMITTING DIODE

STREET LIGHTS

RECOMMENDATION: It is recommended that the City Council:

1. Approve an LS-1 Option E authorization with Southern California Edison (SCE) to replace high pressure sodium vapor (HPSV) street lights with light-emitting diode (LED) street lights, and find the project is exempt pursuant to Sections 15061(b)(3) (“Common Sense Exemption”) and 15303 (“New Construction or Conversion of Small Structures”) of the CEQA Guidelines; and

2. Authorize the City Manager or his designee to sign the authorization agreement; and

3. Take all necessary, additional actions as necessary.

Approved unanimously.

22. TREASURER'S REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2022

RECOMMENDATION: It is recommended that the City Council:

1. Receive and file the Quarterly Treasurer’s Report for the quarter ending September 30, 2022.

Approved unanimously.

23. AUTHORIZATION TO APPROVE ADDITIONAL PURCHASES FROM THE SAUCE CREATIVE SERVICES CORPORATION FOR FISCAL YEAR 2022-23

RECOMMENDATION: It is recommended that the City Council:

1. Approve an additional $100,000 for community promotions, general printing, and graphic design services from The Sauce Creative Services Corporation (The Sauce); and

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

Councilmember Torres inadvertently pulled this item and motioned to approve as recommended by staff; seconded by Councilmember Melendez and approved unanimously.

24. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 22-89 APPROVING THE CITY WARRANT REGISTER OF DEMANDS NOVEMBER 16, 2022

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 22-89 approving the Warrant Register dated November 16, 2022.

Approved unanimously.

25. APPROVAL OF CITY COUNCIL MINUTES – AUGUST 24, 2022 SPECIAL CITY COUNCIL MEETING; AUGUST 24, 2022 CITY COUNCIL MEETING; SEPTEMBER 14, 2022 JOINT CITY COUNCIL AND PUBLIC FINANCING AUTHORITY MEETING; SEPTEMBER 28, 2022 JOINT CITY COUNCIL AND PUBLIC FINANCING AUTHORITY; OCTOBER 12, 2022 JOINT CITY COUNCIL AND PUBLIC FINANCING AUTHORITYAND; AND OCTOBER 26, 2022 JOINT CITY COUNCIL AND PUBLIC FINANCING AUTHORITY

RECOMMENDATION: It is recommended that the City Council:

November 16, 2022: City Council and Public Financing Authority Meeting Minutes

1. Approve said minutes as written.

Approved unanimously.

26. AMENDMENT OF AGREEMENTS RELATED TO QUIET CANNON MANAGEMENT AND ASSOCIATED

BUSINESS ENTITIES
RECOMMENDATION: It is recommended that the City Council and Public Financing Authority:

1. Approve the amended Agreements related to the Quiet Cannon Management (QMC) and associated business entities related to the Golf Course Improvements in substantially the form as presented; and

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

Approved unanimously.

AB 1234 TRAVEL REPORTS
Members of the City Council will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).

Nothing to support.

COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports. • Kimberly A. Cobos-Cawthorne, Mayor
No Council Orals
• Angie M. Jimenez, Mayor Pro Tem
No Council Orals.
• David N. Torres, Councilmember
No Council Orals.
• Scarlet Peralta, Councilmember
No Council Orals.
• Salvador Melendez, Councilmember
No Council Orals.

ADJOURNMENTThe City of Montebello will adjourn to the next Regular Meeting on December 14, 2022 at 5:00 p.m. which can be live streamed at www.cityofmontebelloca.com (Click on Live Stream).

I, Alicia Fernandez, Senior Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Sunday, November 13, 2022 5:00 p.m.

Alicia Fernandez, Senior Deputy City Clerk
Mayor Cobos-Cawthorne adjourned in the memory of Mr. Phillip Joseph Pace. Councilmember Torres motioned, seconded by Mayor Cobos-Cawthorne to adjourn the meeting at 8:15 p.m.

THE MINUTES OF NOVEMBER 16, 2022 ARE HEREBY APPROVED AND ADOPTED ON THIS 13TH DAY OF FEBRUARY 2023.

PUBLIC COMMENTS 11/16/2022

1 Guillen, Kimberly (Admin)
From: Malou Reyes <[email protected]>
Sent: Wednesday, November 16, 2022 12:51 PM
To: comment, ccpublic
Cc: Cobos-Cawthorne, Kimberly Ann; Jimenez, Angie; Peralta, Scarlet; Melendez, Salvador; Torres, David; Bobadilla, Rene; Jason Cohen; Mitchell M. Tsai Attorney at Law, P.C.

Subject: [External Email] City Council Meeting 11/16/22 - Comment Letter Attachments: 20221116_Torres_Montebello_DigitalSignageCmntLtr_Signed.pdf Good afternoon,

Our office would like to submit the attached comment letter for tonight's City Council meeting.

Please confirm receipt of this email.

Thank you,
Malou

--
Malou Reyes
Paralegal
Mitchell M. Tsai, Attorney At Law
139 South Hudson Avenue Suite 200
Pasadena, CA 91101
Phone: (626) 314-3821
Fax: (626) 389-5414
Email: [email protected]
Website: http://www.mitchtsailaw.com
*** Our Office Has Recently Moved. Please Note New Mailing Address **** CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages accompanying it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED and may violate applicable laws including the Electronic Communications Privacy Act. If you have received this transmission in error, please immediately notify us by reply e-mail at [email protected] or by telephone at (626) 381-9248 and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.

---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***

P: (626) 381-9248
F: (626) 389-5414
E: [email protected]

Mitchell M. Tsai
Attorney At Law
139 South Hudson Avenue
Suite 200
Pasadena, California 91101

VIA E-MAIL
November 16, 2022
Montebello City Council
City of Montebello
1600 West Beverly Boulevard
Montebello, California
Em: [email protected]

RE: Co mment on the City of Montebello’s Second Reading and Adoption of Ordinances 2454, 2455, 2456 and Approving Development Agreements DA02-22, 03-22, and 04-22 (November 16, 2022 City Council Meeting, Agenda Item 9)
Dear Mayor Cabos-Cawthorne and Honorable Members of the City Council:

On behalf of our client, a concerned Montebello citizen, my office is submitting these comments for the City of Montebello’s (the “City”) November 16, 2022, City Council meeting for the adoption of ordinances 2454, 2455, 2456 and approving the development agreements DA02-22, 03-22, and 04-22 concerning the off-premises digital display signs (the “Project”).

I. Background.

The applicant Clear Channel Outdoor, LLC (“CCO”), the operator of 24 existing poster panel outdoor advertising signs along streets within the City intends to replace some of its static signs with digital face signs, and on September 28, 2022 filed a request with the City to enter three separate development agreements to that effect.

On October 18, 2022 the City’s planning commission (the “Planning Commission”) held a hearing where they unanimously recommended that the City’s city council (the “City Council”) approve the development agreements.

The Project is now before City Council, who will decide whether to approve the development agreements allowing for the digital signage replacements. It was only recently that our client became aware of the unlawful actions taken by the Planning Commission, hence the timing of this letter.

City of Montebello – Inappropriate Digital Sign Approval November 16, 2022

Specifically, the replacement of these signs is in violation of the very codes that the Project relies on, and as such the City Council should deny approval of the development agreements and the Project.

II. The Project Is in Violation of All the Relevant Ordinances Concerning the Project.

The municipal codes at issue do not offer the foundation upon which the City and CCO base implementation of the Project. Montebello Municipal Code (“MMC”) sections 17.62.105(B)(1) and (2) requires digital signs to be within 200 feet of the I-5 Freeway and 600 feet of the 60 Freeway. The signs are located at 1720 S. Bluff Road, 1633 Washington Boulevard, and 1915 W. Whittier Boulevard. As indicated below1, estimated distances between these locations and the I-5 and 60 Freeways is far in excess of the statutory limits set by the municipal code. 1915 W. Whittier Boulevard Estimated Distances to the I-5 and 60 Freeways:

1 The distances were estimated using google maps and calculator.net:
https://www.calculator.net/distance-calculator.html.

City of Montebello – Inappropriate Digital Sign Approval November 16, 2022

1633 E. Washington Estimated Distances to the I-5 and 60 Freeways:

City of Montebello – Inappropriate Digital Sign Approval November 16, 2022

1720 S. Bluff Road to the I-5 and 60 Freeways:

Even the location with one of the closest proximities (1720 to the I-5 is an estimated .34 miles away, or 1800 feet from the I-5) is still 1600 feet beyond the allotted distance under the MMC.

City of Montebello – Inappropriate Digital Sign Approval November 16, 2022

It is clear that every location violates MMC § 17.62.105(B) for the type of signage being proposed.

Furthermore, MMC § 17.62.105(E)(10) also precludes digital signs to exist within 200 feet of a residential zoned property. The 1915 W. Whittier Boulevard may qualify here, as there are single-family residences to the south, east, and north, and potentially adjacent to the residential properties to the south. A google maps estimate places the nearest single-family residence approximately 100 feet of the digital sign proposed at 1915 W. Whittier Boulevard, and therefore in violation of MMC § 17.62.105(E)(10).

Despite this, the City made no mention of this code section or proper analysis of this property’s potential violation of it. The City has a duty to investigate and determine compliance with this code section before approving or recommending for approval the development agreements and the Project.

Additionally, each ordinance also cites to incorrect codes in its recitals, and specifically government code sections 5200, 5412, and 5443.5. There are no such government code sections, but presumably the City and CCO intended to reference the Business and Professions Code sections. However, it is unclear if this was in error or which code section the ordinance is really referencing. With this outstanding ambiguity, City Council should not approve these ordinances until it is resolved.

III. The City is Abusing Its Police Power if It Approves the Project.

The City is obligated to fully assess all considerations and potential violations of the law, which it has failed to do not only with the MMC governing proximate distances to the I-5 and 60, but also the potential proximity to residential zones. The City has either willfully or inadvertently omitted all of the above considerations, violations, and potential violations of the MMC. Whether willful or not, the Planning Commission has inappropriately and unlawfully recommended for approval ordinances that are in violation of local laws.

Beyond that, the City has also occluded from the public its justifications for approving the digital signs. Specifically, all of the proposed ordinances contain language that approval of the development agreements for the Project utilize the California Constitution’s police power (see ordinances recitals paragraph 6 and Section 3). This law states that “a county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.” California Constitution Article XI, § 7. However no agenda item or discussion

City of Montebello – Inappropriate Digital Sign Approval November 16, 2022

made mention of the City’s use of its police power, why it is being used, how the very use of this law is not in conflict with its own language (not in conflict with general laws) and how it violates MMC §§ 17.62.105(B) and (E) being consistent with the public’s health, safety, or general welfare. More specifically, how a digital sign being near several residential zones would be a “relocation and distribution of existing displays to more appropriate locations within the City” or how a 1:1 replacement would be consistent with “an overall reduction in the number of outdoor advertising signs in the City as part of the City’s planned development.” This is also in violation of California Government Code (“CGC”) section 54954.2(a)(3), also known as the Brown Act. This section prohibits any action or discussion be undertaken on any item not appearing on the posted agenda, and here the agenda did not disclose the pertinent item of the California Constitution police powers embedded in the ordinance being used to supersede the existing ordinances, or an explanation or justification of that law for this purpose.

Furthermore, the introduction of these ordinances would result in a conflict of laws, because as already illustrated the new ordinances, if enacted, would conflict with current MMC §§ 17.62.105(B)(1) and (2). This imposes on any local agency tasked with enforcing either ordinance to violate the conflicting ordinance and its obligations under CGC § 53091 requiring local agencies to “comply with all applicable building ordinances of the county or city in which the territory of the local agency is situated. [emphasis added.]” Relevant agencies cannot be expected to comply with two conflicting ordinances and still maintain their duty under CGC § 53091. Egregiously, the proposed ordinances claim to be consistent with the City’s General Plan and the Municipal Code (see Recital 6 and Section 3 pp. 55-56) when they are anything but.

The approval of these ordinances would also conflict with MMC § 17.62.105(E)(2) concerning permitting, which also requires the signage to comply with the I-5 and 60 freeway proximity requirements. None of the requisite language is contained in the development agreements, and should be.

The lack of transparency, multitudinous incongruencies, and conflict of laws is, if anything, closer to a clandestine abuse of the City’s police power rather than a lawful and good-faith exercise of it to shoehorn unlawful development without properly informing the public of its intentions and strategies for approving projects such as this one.