Agenda packet — Montebello City Council, April 26, 2023 (part 2 of 3)

PROFESSIONAL SERVICES AGREEMENT NO. 4100

Page 2 of 11 ends

billing statement to the CITY each month for Professional Services performed. The CONSULTANT shall not incur fees or costs which exceed the Compensation without the prior written consent of the CITY. The total annual not-to-exceed contract amount is Ninety Thousand Dollars ($90,000).

SECTION 3. TERM.

a. This Agreement shall commence upon issuance of a written “Notice to Proceed ” (as further defined below) by the CITY and shall expire three (3) years and two (2) months from the Effective Date, through June 30, 2026, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two (2), one-year e xtensions upon such term s and conditions mutually agreed upon by the Parties in writing.

b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has is sued a written Notice to Proceed issued by CITY’s ap plicable, department head.

SECTION 4. PERFORMANCE.

a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.

b. The CONSULTANT shall employ, at a minimum, g enerally accepted standa rds and practices utilized by companies engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement.

c. The CONSULTANT shall be knowledgeable of and subject to all CI TY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.

d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or sub consultants to assist in th e completion of services as herein defined. Compensation for additional individuals, consultants or sub consultants shall be the sole and exclusive responsibility of the CONSULTANT.

e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney-client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.

SECTION 5. WORK PRODUCT.

a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agre ement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONSULTANT may take and retain copies of such written products as de sired, but no such written products shall be the subject of a copyright application by the CONSULTANT.

Page 276 of 488 ends

PROFESSIONAL SERVICES AGREEMENT NO. 4100

Page 3 of 11 ends

returned to the CITY upon the termination or expir ation of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 6. EXTRA SERVICES.

No extra services over and above the Compensation shall be rendered by the CONSULTANT under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).

SECTION 7. CITY SUPERVISION.

The City Manager shall have the right of general supervision o f all work performed by the CONSULTANT and shall be the CITY ’s agent with re spect to obtaining the CONSULTANT’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.

SECTION 8. TERMINATION.

In the event that either Par ty hereto fails or refus es to perform any of the provisions of this Agreement at the time and in the manner required, the non -defaulting party shall give the defaulting party written notice of the default , the nature of the default, and of the steps necessary to cure the default.

a. Termination for Cause . In the event that any of the provisions of the Agreement are violated by either party, the non -defaulting Party may terminate the Agreement by serving written n otice upon the other Party, listing the violati on(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an addi tional thirty (30) days cease and terminate. Violat ions by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the C ITY cease and terminate upon the giving of like notice. In the event of any such terminati on for default by the CONSULTANT, the C ITY may take over the work and prosec ute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the C ITY for any excess cost occasioned in the event of any such terminati on. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, the CONSULTANT shall o nly b e entitled to the Compensation for those Profes sional Services satisfac tory performed on or before the effective date of termination.

b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (30) business days’ written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of t he date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non-refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of term ination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non -refundable”

Page 277 of 488 ends

PROFESSIONAL SERVICES AGREEMENT NO. 4100

Page 4 of 11 ends

costs may include, but are not limited to, travel reservations inc urred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

No regular e mployee of the CITY shall be employed by the CONSULTANT during the term of this Agreement.

SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

No official or employee of the CITY shall be personally liable to the CONSULTANT in the event of any def ault or breach by the CITY, or for any amount which may become due to the CONSULTANT.

SECTION 11. INDEPENDENT CONSULTANT.

a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elec ted o fficial, officer, employee, or agent of the CIT Y. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder.

b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.

c. The CITY shall not deduct from the Compensation paid to the CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or her einafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants with workers’ compensation insurance or any other insurance.

SECTION 12. CALPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.

a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calenda r day s prior to commencement of services under this Agreement.

Failure to p rovide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in pl ace, the CONSULTANT shall execute any amendment (s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.

b. In the event that the CONSULTANT or any employee, agent, or sub consultant of the

Page 278 of 488 ends

PROFESSIONAL SERVICES AGREEMENT NO. 4100

Page 5 of 11 ends

CONSULTANT providing services under this Agre ement claims or is deter mined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or emp loyer contributions for CalPERS benefits on behalf of the CONSULTANT or its employees, agents, or sub consultants, as well as for the payment of any penalties and interest on such contributions, which w ould otherwise be the responsibility of the CITY.

c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and any of its employees, agents, and subconsultants providing service under th is Agreement shall not qualify for or become entitle d to, and hereby agree t o waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be pa id by the CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

The CONSULTANT shall at all times observe and comply with all applicable la ws, ordinances, codes, and regulations of the federa l, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section.

SECTION 14. INDEMNIFICATION.

The CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employe es, a gents and volunteers from and against any and a ll claims, demands, laws uits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed b oards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the CONSULTANT’s negligent or wrongful act, or omission under the te rms o f this Agreement, except only liability arising out of the sole negligence of the CITY.

SECTION 15. INSURANCE COVERAGE.

a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against cla ims f or death or injuries to persons or damages to property that may arise f rom or in connection with CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

• Commercial General Liability ( CGL): Insurance Services Office Form C G 00 01 covering CGL on an “occurrenc e” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

• Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily

Page 279 of 488 ends

PROFESSIONAL SERVICES AGREEMENT NO. 4100

Page 6 of 11 ends

injury and property damage.
• Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

• Professional Lia bility insurance appropriate to the CONSULTANT’S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.

c. The CONTACTOR shall require each of its sub consultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.

e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non -payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately termi nate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon.

f. Evidence of Insurance prior to commencement . The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]

Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non - renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.

g. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming t he CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).

h. The CONSULTANT shall provide proof that policies of insurance required herein

Page 280 of 488 ends

PROFESSIONAL SERVICES AGREEMENT NO. 4100

Page 7 of 11 ends

expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.

i. The general liability and automobile polici es of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that th e policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

j. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self -insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or sub consultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.

l. Any deductibles or self -insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self -insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.

m. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

The CONSULTANT shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

Any subcontract, delegation or ass ignment shall be made in the name of the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate t he work of employees, assignees, delegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.

SECTION 17. NO WAIVER.

Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.

Page 281 of 488 ends

PROFESSIONAL SERVICES AGREEMENT NO. 4100

Page 8 of 11 ends

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding the interpretation or application o f any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, d efault or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.

SECTION 20. WARRANTIES.

Each of the parties represents and warrants to one another as follows:

a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;

b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and

c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 21. MISCELLANEOUS.

a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.

b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.

c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.

d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.

Page 282 of 488 ends

PROFESSIONAL SERVICES AGREEMENT NO. 4100

Page 9 of 11 ends

e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were de livered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.

f. Each of the parties acknowledges tha t it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Eac h party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

SECTION 22. NOTICE.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e-mail (an “ Electronic Notice” as further defined below), personally or on the secon d (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

If to CITY: City of Montebello
Attn: René Bobadilla, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]

With a copy to: City of Montebello – Recreation & Community Services Attn: David Sosnowski, Director
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-4540
Email: [email protected]

If to Consultant: Star-Dust Tours, Inc.

Attn: Frank Gonzalez Jr.
520 S Greenwood Ave.

Montebello, CA 90640
(562) 254-0876
[email protected]

An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending E lectronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

Page 283 of 488 ends

PROFESSIONAL SERVICES AGREEMENT NO. 4100

Page 10 of 11 ends

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, the CONSULTANT shall no t discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ance stry, age, physical or mental handicap, mental condition or sexual orient ation. The CONSULTANT will take affirmative action to ensure that sub-consultant and applicants are employed, and that employees are treated during employment, without regar d to their race, color, creed, religion, sex, marital status, nation al origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

SECTION 24. CONFLICT OF INTEREST.

The CONSULTANT covenants that it presently has no intere st and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The CONSULTANT further covenants that, in performance of this Agreement , no person ha ving any such interest shall be employed by it.

Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

The CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONSULTANT. The CONSULTANT's covenant under this section shall survive the termination of this Agreement.

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the CITY and the CONSULTANT.

Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreeme nt is held by a court of competent jurisdiction to be invalid, void, or unenforceable , the remaining provisions of this Agreement shall be valid and binding.

[SIGNATURE PAGE TO FOLLOW]

Page 284 of 488 ends

PROFESSIONAL SERVICES AGREEMENT NO. 4100

Page 11 of 11 ends

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.

(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO STAR-DUST TOURS, INC.

René Bobadilla, City Manager Frank Gonzalez Jr., Owner

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
• Exhibit A – Scope of Work
• Exhibit B – Schedule of Compensation

Page 285 of 488 ends

EXHIBIT “A”

Scope of Work

Page 286 of 488 ends

1 STAR-DUST TOURS, INC.- Proposal for Transportation Services

Proposal For:

City of Montebello
Charter Bus Services
RFP No. 23-7

Submitted by: Frank Gonzalez Jr. (contact)
Ph: 562-254-0876
E-mail: [email protected]

520/528 S. Greenwood Ave.

Montebello, Ca 90640

Completed on: March 10th of 2023

Page 287 of 488 ends

2 STAR-DUST TOURS, INC.- Proposal for Transportation Services

Table of Contents

1. Cover Letter ………………………………………………………… ……………….. …….. 1

2. Experience………………………………………………………… … … … … … … … .……… .2

3. Assigned Company Personnel … … … … … … … … … … … … … … … … … … … … … ..2,3,4

4. Licensing / Certification / Usage Reports… … … … … … … … … … … … … … … ..5

5.Equipment to be used/Location… … … … … … … … … … … … … … … … … … … … … 5, 6

6. Vehicle Maintenance and Safety Program… … … … … … … … … … … … … … … 7,8

7. Program Elements……………………………………… ……………………… … … … … … 8,9

8. Terms of Payment…………………………………………………………………………. 9

9. Conflict of Interest Statement………………………… ……………………… … … ..9

Page 288 of 488 ends

3 STAR-DUST TOURS, INC.- Proposal for Transportation Services

1. Cover Letter
Star-Dust Tours, Inc.
520 S. Greenwood Ave. Montebello, Ca 90640

To Sir or Madam:

On behalf of our company, I thank you for giving us the opportunity to bid on this contract and potentially work with the City of Montebello and its residents.

Star-Dust Tours, Inc. has been in business since 2010 but its Vice President (Florencio Gonzalez) has been working in the bus transportation industry since 1988. We pride ourselves in providing a great experience and most of all safe service. Currently our fleet consists of just over sixty commercial vehicles. We believe what separates us from other companies in this industry is the personal service we always offer to those we work for. We are available by phone and e-mail 24 hours a day, seven days per week. We understand the importance of flexibility and are always aware that our customers come first. Eighty percent of our office staff have obtained a commercial license. This allows us to react quickly and solve problems if one way arise due to driver availability or last-minute requests. One hundred percent of our customers consist of schools (public and private) and city municipalities. After being in business for all these years we’ve come to realize that equipment cleanliness, punctuality and common courtesy towards our customers is what makes us successful in this industry. Keeping up with current times we’ve also implemented GPS and video monitor systems on our vehicles which create a more proficient and most importantly safer system for our company. We do understand it’s the relationship between our company and the vendor/customer that makes a great difference in the overall service provided. The only information we would expect the City of Montebello to provide during this contract are basic trip details and contact information for each individual service. Once given this information we can take care of the rest and carry out the great service expected of us. We thank you again for your time and consideration.

Sincerely,

Frank J. Gonzalez Jr.

Manager of Operations / President

Page 289 of 488 ends

4 STAR-DUST TOURS, INC.- Proposal for Transportation Services

2. Experience

Frank Sr. (Vice President) started his first transportation company after working as a city transit bus operator for the City of Santa Monica (“Big Blue Bus” Lines) for over twelve years. After venturing on his own and gaining success in the industry for almost twelve years, Star-Dust Tours, Inc. was then established in November of 2010.

Over the years we’ve focused on providing our services for local school and city agencies. In the Last three years we’ve acquired contracts with over 30 schools (public and private) and six city municipalities. Almost ninety-five percent of our operations is conducted within Southern California.

3. Assigned Company Personnel
A. The following personnel listed will be dedicated to this contract (non-drivers):

1. Florencio Gonzalez Sr. - Owner/Lead Supervisor
Work Experience
Santa Monica Big Blue Bus
02/1986 - 03/2002
 Hired on as a commercial transit driver and covered multiple routes.  Handled all scheduling for any charter events booked with the city.  Drove all charter trips reserved with the city.
 Was lead driver for any special events.

All City Bus Lines
1996/ - 03/2010
 Established and owned 1st commercial transportation company.  Was awarded various city and school contracts.
 Gained multiple shuttle contracts throughout the Los Angeles Area.

Page 290 of 488 ends

5 STAR-DUST TOURS, INC.- Proposal for Transportation Services

2. Frank J. Gonzalez Jr. – Owner/Manager of Operations/Dispatcher Work Experience
All City Bus Lines
07/2005 – 02/2010
 Reviewed and handled all office records and invoicing.  Managed the supervision and dispatching for all drivers.  Developed and implemented new marketing and sales plans.  Managed all current and new acquired contracts.

Star-Dust Tours, Inc.
02/2010 – 01/2023
 Supervise all drivers and office personnel.
 Manage and supervise all acquired contracts.
 Manage schedules, organize events, and oversee daily operations.  Hire new drivers and personnel.
 Lead dispatcher for all drivers
Education:
-St. John Bosco High School (Bellflower, Ca)
-Rio Hondo College (Whittier, Ca)
-Cal State Long Beach

3. Dean Gonzalez-Fleet Mechanic / Diesel Mechanic
Work Experience:

Motor Coach Industries (MCI)
08/2017 – 10/2019
 Handled various maintenance orders.
 Inspected commercial vehicles.

Star-Dust Tours, Inc.
11/2019 – Present Date

Page 291 of 488 ends

6 STAR-DUST TOURS, INC.- Proposal for Transportation Services

Certificates:

Tech 3 Certification (MCI Academy)
Tech 2A Certification (MCI Academy)
Education:

UTI (Universal Technical Institute)- Emphasis on Diesel Mechanics 09/2017 – 07/2019

4. Frank Salas -Lead Diesel Mechanic / Diesel Technician Work Experience:

ABC Bus Company
05/2005 – 06/2007
 Recovering and charging of R134 air conditioning systems  Superior knowledge of VanHool bushings and kingpins.

Silver State Trailways, Placentia, Ca
06/2007 – 09/2011
 Carry out inspections for all fleet vehicles
 Supervise and train incoming technicians
SWP- Santa Fe Springs
12/2011 – 04/2019
 Specialized on rebuilding of engines
 Troubleshoot failures on engines, generators and service trucks.

Page 292 of 488 ends

7 STAR-DUST TOURS, INC.- Proposal for Transportation Services

4. Licensing / certifications / Usage Reports
 Upon request Star-Dust Tours will provide the city with all records and inspections required by local and state laws.
 Daily and monthly inspection reports for each vehicle will remain available to the city upon request.
 Star-Dust Tours is solely responsible for compliance with all legal requirements for operations of commercial vehicles.
 Licensing and certifications for all drivers assigned to his contract will be provided to the school upon request.
 All drivers will maintain proper licensing and certifications to operate company vehicles.  Evidence of any documents and/or certifications will be available upon request and be provided.

5. Equipment to be used/ Location
 For this contract we have a combination of school, charter and mini/shuttle buses that will be available to the city to carry out any transportation needs.  The total number of commercial vehicles available for use in this contract is just over thirty-five units.
 Age of buses/vehicles range from two to ten years of age.  Buses are equipped with heating/cooling systems.
 Travel time from our business to various locations in Montebello City varies from 5-10 minutes.
 All vehicles assigned to this contract will be stationed at our main facility. Located at:
520/528. S. Greenwood Ave., Montebello, Ca 90640.

All commercial vehicles are certified by the California Highway Patrol and Public Utilities Commission for the State of California.

Page 293 of 488 ends

8 STAR-DUST TOURS, INC.- Proposal for Transportation Services

Portable Commercial Vehicle Lifts:

We own and operate certified, portable commercial lifts in our maintenance facility located in Montebello, Ca. Mechanical lifts like these are standard for all city and school bus transportation departments. Special tools like these allow us to carry out our maintenance operations as thoroughly and efficiently as possible.

Outdoor Rated Spray Booth:

We carry out all paint and body work on site at our facilities in Montebello, Ca. We own and operate our own fully outdoor rated commercial spray booth. This allows us little down time when any vehicle requires repairs and regular upkeep. We operate our commercial body shop year-round and provide these services to other outside vendors as well.

Page 294 of 488 ends

9 STAR-DUST TOURS, INC.- Proposal for Transportation Services

6. Vehicle Maintenance and Safety Program
Policy:

It is our policy to thoroughly service and maintain all equipment to provide safe, comfortable and reliable transportation.

Goals and Objectives:

The goals and objectives of our vehicle maintenance program are:

A. Maintain vehicles to promote the safety and comfort of passengers, operators, and protect the public.
 Conduct regular pre-trip inspections to identify vehicle and equipment problems and assure vehicles are in good operating condition.
 Conduct basic Preventive Maintenance service routines in a timely manner to identify vehicle problems and keep vehicle systems in good repair.  Conduct vehicle repairs in a timely manner and in accordance with industry best practices.
 Maintain a clean appearance for vehicles through regular interior and exterior cleaning.

B. Manage Preventive Maintenance and repair activities to promote the reliability of the service by minimizing service interruptions due to vehicle or equipment failure.  Regularly inspect vehicles to identify and correct problems in to prevent service interruptions.
 Schedule repairs promptly to minimize service interruptions.  Utilize subcontractors as needed to perform specialized services and to supplement our own maintenance staff efforts.
 Analyze repair, road call and tow data to identify trouble-prone components or systems for pro-active attention.

C. Maintain vehicles and equipment to promote cost-efficiency of operations.  Maintain and repair vehicles to ensure their operation at peak efficiency, including fuel efficiency, emissions systems, etc.
 Analyze fleet fuel usage and repair data; identify vehicles which may need remedial work or may need to be made inactive.

Page 295 of 488 ends

10 STAR-DUST TOURS, INC.- Proposal for Transportation Services

- Maintain vehicles and related equipment to fulfill manufacturer’s warranty requirements and pursue warranty repairs where applicable; research and follow up on any applicable recalls or service bulletins.
 Maintain vehicles to maximize the useful vehicle life, including the life of key components such as tires, brakes, batteries, etc.
 Manage the maintenance program to be cost effective in terms of staff time, service vendors and parts and supplies costs.

D. Conduct vehicle operations, repairs, and cleaning in compliance with applicable local, state and federation regulations.
 Ensure that shop equipment and maintenance procedures comply with applicable OSHA laws and regulations protecting the health and welfare of workers.  Handle and dispose of fuels, lubricants, solvents, tires, and related materials in a safe and environmentally responsible manner.
 Maintain vehicles to comply with relevant emission standards and other applicable regulations.
 Conduct vehicle cleaning to comply with applicable wastewater and other relevant regulations.
 Conduct maintenance and repairs in compliance with environmental standards and other relevant regulations.

7. Program Elements:

Pre-trip inspections.

Each vehicle will be inspected at the start of each shift by a driver trained in the procedure. A walk-around will be performed with a vehicle pre-trip checklist and any irregularities reported to the Mechanic before the vehicle leaves the lot.

Basic Service Routines
Per the recommendations of the chassis, bus body, and wheelchair lift manufacturers, and the additional recommendations of the SDT’s mechanic, a thorough preventive maintenance schedule will be established and followed for each vehicle. At or before the recommended mileage intervals, the SDT’s Mechanic will perform all the elements of maintenance due at that mileage.

Page 296 of 488 ends

11 STAR-DUST TOURS, INC.- Proposal for Transportation Services

Vehicle Cleaning
Interior cleaning and sweeping of each in-service vehicle will be performed at the end of each shift by Special Mobility Services' driving staff. Vehicle exteriors will be washed on a weekly basis or more frequently, as needed.

Vehicle Repairs
The need for a vehicle repair may be discovered during a pre-trip inspection, preventive maintenance inspection, or breakdown. The Mechanic will determine warranty coverage for the system requiring attention, and if appropriate, pursue warranty repairs with the appropriate vendor, bus or chassis manufacturer, or authorized warranty outlet. The SDT’s Mechanic will determine whether the repair can be accomplished in-house, or because of the need for special diagnostic expertise or equipment, will be assigned to a subcontractor.

Documentation and Analysis
Vehicle condition will be regularly documented through pre-trip inspections and problems discovered on the road will be documented on a Vehicle Condition Report by the driver. In addition, all vehicle maintenance and repair activity and costs will be documented. Vehicle data will be organized for summary and analysis.

8.Terms of payment
A. Billing Schedule
 Invoices for any provided services will be billed one week after services are completed.

B. Payment agreement
 All invoices are agreed to be paid within 30 days once received from our office.

9. Conflict of Interest Statement
Star-Dust Tours, Inc. is currently in contract with the City of Montebello for the previous Charter Bus Services contract. Aside from having a current contract in place with the City, our company does not possess any financial, business, or other form of conflict of interest with the City of Montebello.

Page 297 of 488 ends

EXHIBIT “B”

Schedule of Compensation

Page 298 of 488 ends

Page 299 of 488 ends

CITY OF MONTEBELLO

PROFESSIONAL SERVICES AGREEMENT NO. 4101
WITH H&L CHARTER CO., INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on April 26 , 2023 (“Effective Date”) , by and between the CITY OF MONTEBELLO, a California municipal corporati on ( the “CITY”) and H&L CHARTER CO ., INC . (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS

WHEREAS, the CITY desires to retain a qualif ied p rofessional consultant to provide charter bus services for the CITY; and

WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS

a. The above -referenced Re citals c onstitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:

1. This Agreement and its Exhibits, including scope of work, fee schedules, and any and all addenda or supplemental agreements.

2. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.

b. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.

SECTION 2. SERVICES / COMPENSATION.

a. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.

b. The CONSULTANT shall provide to the CITY all labor, eq uipment, materials and incidental necessary to conduct a feasibility study as set forth fully in the scope of work, as such is set forth fully in Exhibit “A” attached hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).

Page 300 of 488 ends

PROFESSIONAL SERVICES AGREEMENT NO. 4101

Page 2 of 11 ends

SECTION 3. TERM.

b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has is sued a written Notice to Proceed issued by CITY’s ap plicable, department head.

SECTION 4. PERFORMANCE.

a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.

c. The CONSULTANT shall be knowledgeable of and subject to all CI TY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.

SECTION 5. WORK PRODUCT.

Page 301 of 488 ends

PROFESSIONAL SERVICES AGREEMENT NO. 4101

Page 3 of 11 ends

SECTION 6. EXTRA SERVICES.

SECTION 7. CITY SUPERVISION.

SECTION 8. TERMINATION.

Page 302 of 488 ends

PROFESSIONAL SERVICES AGREEMENT NO. 4101

Page 4 of 11 ends

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

No regular e mployee of the CITY shall be employed by the CONSULTANT during the term of this Agreement.

SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

No official or employee of the CITY shall be personally liable to the CONSULTANT in the event of any def ault or breach by the CITY, or for any amount which may become due to the CONSULTANT.

SECTION 11. INDEPENDENT CONSULTANT.

SECTION 12. CALPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.

b. In the event that the CONSULTANT or any employee, agent, or sub consultant of the

Page 303 of 488 ends

PROFESSIONAL SERVICES AGREEMENT NO. 4101

Page 5 of 11 ends

SECTION 13. LEGAL RESPONSIBILITIES.

SECTION 14. INDEMNIFICATION.

SECTION 15. INSURANCE COVERAGE.

Page 304 of 488 ends

PROFESSIONAL SERVICES AGREEMENT NO. 4101

Page 6 of 11 ends

• Professional Lia bility insurance appropriate to the CONSULTANT’S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.

c. The CONTACTOR shall require each of its sub consultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]

h. The CONSULTANT shall provide proof that policies of insurance required herein

Page 305 of 488 ends

PROFESSIONAL SERVICES AGREEMENT NO. 4101

Page 7 of 11 ends

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

SECTION 17. NO WAIVER.

Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.

Page 306 of 488 ends

PROFESSIONAL SERVICES AGREEMENT NO. 4101

Page 8 of 11 ends

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

SECTION 19. ATTORNEY’S FEES AND COSTS.

SECTION 20. WARRANTIES.

Each of the parties represents and warrants to one another as follows:

a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;

SECTION 21. MISCELLANEOUS.

a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.

b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.

d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.

Page 307 of 488 ends

PROFESSIONAL SERVICES AGREEMENT NO. 4101

Page 9 of 11 ends

SECTION 22. NOTICE.

If to CITY: City of Montebello
Attn: René Bobadilla, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]

With a copy to: City of Montebello – Recreation & Community Services Attn: David Sosnowski, Director
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-4540
Email: [email protected]

If to Consultant: H&L Charter Co., Inc.

Attn: Jodi Merritt
1621 E Cedar St.

Ontario, CA 91761
(909) 466-3984
[email protected]

An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic No tice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

Page 308 of 488 ends

PROFESSIONAL SERVICES AGREEMENT NO. 4101

Page 10 of 11 ends

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, the CONSULTANT shall no t discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orient ation. The CONSULTANT will take affirmative action to ensure that sub-consultant and applicants are employed, and that employees are treated during employment, without regard to their r ace, color, creed, religion, sex, marital status, nation al origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

SECTION 24. CONFLICT OF INTEREST.

The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The CONSULTANT further covenants that, in performance of this Agreement , no person ha ving any such interest shall be employed by it.

Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

The CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the CITY as a result of the performance of this Agreement, or the services th at may be procured by the CITY as a result of the recommendations made by the CONSULTANT. The CONSULTANT's covenant under this section shall survive the termination of this Agreement.

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire under standing between the CITY and the CONSULTANT.

Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and sig ned by each party. If any term, condition, or covenant of this Agreeme nt is held by a court of competent jurisdiction to be invalid, void, or unenforceable , the remaining provisions of this Agreement shall be valid and binding.

[SIGNATURE PAGE TO FOLLOW]

Page 309 of 488 ends

PROFESSIONAL SERVICES AGREEMENT NO. 4101

Page 11 of 11 ends

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.

(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO H&L CHARTER CO., INC.

René Bobadilla, City Manager Jodi Merritt, President

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
• Exhibit A – Scope of Work
• Exhibit B – Schedule of Compensation

Page 310 of 488 ends

EXHIBIT “A”

Scope of Work

Page 311 of 488 ends

Page 312 of 488 ends

Page 313 of 488 ends

Page 314 of 488 ends

Page 315 of 488 ends

Page 316 of 488 ends

Page 317 of 488 ends

Page 318 of 488 ends

Page 319 of 488 ends

Page 320 of 488 ends

EXHIBIT “B”

Schedule of Compensation

Page 321 of 488 ends

Page 322 of 488 ends

ITEM # 13

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

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

BY: David Sosnowski, Director of Recreation and Community Services

SUBJECT: AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP NO. 23-12) FOR AN ADAPTIVE PROGRAMMING EXPANSION AND

ACCESSIBILITY ASSESSMENT

DATE: April 26, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Authorize staff to schedule and host an Abilities Fair in March of 2024; and

2. Authorize staff to issue a Request for Proposals ("RFP") for an Accessibility Assessment for the Recreation and Community Services Department; and

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

FISCAL IMPACT:

Staff is working to improve the City of Montebello's adaptive programming and accessibility to park facilities, events, and programs within the Recreation and Community Services Department. To do so, the Department would like to add an annual Abilities Fair, increase Adaptive Recreation Programs, and assess facilities, programs, and special event sites for improvements to accessibility.

The Department is reviewing plans to host an annual Abilities Fair to offer resources and information for the disabled community. In order to host an annual Abilities Fair, the estimated cost for staffing, including members of the Recreation and Community Services Department, will be $2,000. Additionally, estimated costs for supplies, advertising, contract services, and materials for the event are estimated to be $8,000. The total estimated cost to develop and operate an Abilities Fair will be $10,000 per fiscal year.

While the City currently offers adaptive baseball programming, it wishes to expand

Page 323 of 488 ends

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 26, 2023

Page 2 of 3 ends

offerings year-round. Therefore, the City plans to partner with a local non-profit agency, KEEN Los Angeles ("KEEN"), which has over 30 years' experience providing sports related programming for those with disabilities. Estimated costs for the partnership which would provide coaches, equipment, and necessary supplies for the programming is estimated to be $10,000 per fiscal year. The City is currently researching other partners and/or certifying City staff to not only enhance adaptive baseball, but offer other sports programming to coincide with the City's established youth sports program. Expansion of the City staff-operated programs is estimated to cost a total of $30,000 in specialty supplies and materials, adaptive sports staff certification, and staffing costs.

Lastly, it is anticipated that an Accessibility Assessment ("Assessment") for the Recreation and Community Services Department will not exceed $30,000. The Assessment aims to make recommendations to the City to address any gaps in accessibility at the City's park sites, amenities and playgrounds specific to park grounds where adaptive and special needs programming and events will take place. The cost of the Assessment will be included in the Department's Fiscal Year 2023-24 budget.

Staff will work through the FY 2023-24 budget development process to include sufficient funding for the increased adaptive recreation programs, Abilities Fair, and the accessibility study. Funding for these program and the study will be included in the FY 2023-24 budget. If necessary, depending on the proposed cost of the accessibility study, Staff will return for City Council approval of the agreement should it cost $50,000 or more, per the City's Municipal Code Section 3.20 et al.

BACKGROUND/DISCUSSION:

The expansion of adaptive programming within the Recreation and Community Services Department aims to ensure that individuals of all ability levels have an equal opportunity to engage in recreation programs and promote disability awareness in the community. The City currently offers adaptive baseball and would like to begin offering an annual Abilities Fair and additional adaptive sports programs to offer year-round activities. The addition of these programs will serve to provide opportunities for social interaction and physical activity for those with physical and/or developmental disabilities.

The Recreation and Community Services Department is proposing to host an annual Abilities Fair, with the first event taking place in March of 2024. March is celebrated as National Disabilities Awareness Month and the City would like to show support for this community by hosting an Abilities Fair. The fair will feature informational booths, demonstrations and resources available for those with disabilities.

The partnership with KEEN aligns with the City’s vision of offering year-round adaptive sports programming, making recreation opportunities available through improved equitable access, and fostering social and physical well-being for all in the Montebello community. The Recreation and Community Services Department will oversee the programs and the partnering agency will provide coaches, equipment, and supplies for each sports program offered.

To ensure the City’s parks and park facilities can properly accommodate adaptive

Page 324 of 488 ends

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 26, 2023

Page 3 of 3 ends

programming and events, the Department is seeking a consultant to complete an accessibility assessment of its current park grounds, playgrounds, and amenities to assess if there are elements that adversely affect the full participation of individuals with disabilities. To date, the City has begun taking action to identify and address accessibility barriers within the City. In 2019, the City completed its Parks Master Plan and Facilities Needs Assessment. The Facilities Needs Assessment identified potential accessibility issues at park facilities and restrooms and recommended a more comprehensive study. In 2021, the City issued RFP 21-18 and awarded a contract to develop an American with Disabilities Act ("ADA") Self Evaluation and Transition Plan for the City. The Public Works Department is currently in the process of finalizing the plan and it will include park facilities, restrooms, parking lots, and paths of travel. The Assessment being proposed for the Recreation and Community Services Department would expand upon these assessments and ensure that specific areas of the City's parks can properly accommodate future adaptive programming.

The RFP scope that the Department is proposing will include a physical accessibility assessment of any park grounds, playgrounds, and amenities that were not included in the ongoing ADA Self Evaluation and Transition Plan, where programs, services, and activities occur or could occur. The assessment will use federal and state regulations, along with “best practices” to identify and determine deficiencies in accessibility. The consultant will produce a final report which will include all findings, make recommendations to address the findings, and the cost for each recommendation.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City Council authorize staff to proceed with scheduling and hosting an Abilities Fair in March 2024 and authorize staff to issue a Request for Proposals for an Accessibility Assessment for the Recreation and Community Service Department.

ATTACHMENT(S)

1. Attachment A - DRAFT RFP 23-12

NEXT STEPS:

N/A

Page 325 of 488 ends

CITY OF MONTEBELLO
Request for Proposals

RFP No. 23-12
Park Amenities Accessibility Assessment

Release Date: TBD
Due Date: TBD

Page 326 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
2 TO PROSPECTIVE PROPOSERS
The City of Montebello invites Vendors to submit a proposal in accordance with this Request for Proposals (RFP). Your response to this request will be evaluated to determine your Vendor qualifications. Submissions must adhere to the format and content of this RFP.

Proposals will not be evaluated unless all parts requested are submitted in a complete package. The information set forth is the minimum required to qualify for consideration. The successful Proposer will be required to enter into a Professional Services Agreement based on the specifications outlined in this RFP.

THE DATE OF SOLICITATION
TBD

THE PROJECT
Park Amenities Accessibility Assessment

THE OWNER
City of Montebello – Recreation and Community Services Department 1600 West Beverly Blvd., Montebello, CA 90640
Attn: David Sosnowski, Director of Recreation and Community Services Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]

PROPOSAL CONTACT
City of Montebello – Recreation and Community Services Department 1700 W. Victoria Ave., Montebello, CA 90640
Attn: Laurie Aguilar, Management Analyst
Contact Phone: (323) 887- 1200 ext. 374
Contact E-Mail: [email protected]

Any questions related to this RFP should be submitted via the City’s PlanetBids Portal by TBD, at 11:00 a.m. PST. Prospective vendors must register their business with PlanetBids prior to being able to view or bid on any RFP. To access the City's PlanetBids Portal, please go to:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839

Page 327 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
3 Table of Contents Page

1.0 Notice Inviting Proposals 4

2.0 Introduction/About the City of Montebello 5

3.0 Timeline 7

4.0 Purpose 7

5.0 Scope of Work 7

6.0 Proposal Submittal 9

7.0 Evaluation of Proposal 9

8.0 Proposal Protests 9

9.0 Execution of Agreement 11

10.0 Insurance 11

11.0 Non-Commitment of City 13

12.0 Labor Requirements 13

13.0 Records 13

14.0 Subcontractors 14

15.0 Modifications/Changes 14

16.0 Disclosure of Information 14

17.0 City of Montebello Rights 14

Appendix A – Proposal Content and Format
Appendix B - Sample Professional Services Agreement

Page 328 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
4 1.0 Notice Inviting Proposals
The City of Montebello is seeking proposals from qualified vendors/businesses to conduct an Accessibility Assessment and Transition Plan of the Recreation and Community Services Department’s park facilities and sites following the specifications, terms, and conditions identified in Request for Proposals (RFP) No. 23-12. Prospective respondents are advised to carefully read information related to this opportunity before submitting a response.

To view the complete RFP package, please visit:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 Prospective bidders must register their business with PlanetBids prior to being able to view or bid on any RFP.

Questions must be submitted no later than TBD, at 11:00 a.m. PST.

Responses must be submitted via PlanetBids by TBD, at 11:00 a.m. PST.

Responses to this request will be evaluated to determine the vendor/business that is the most qualified and responsive to the requirements. Responses must adhere to the format and content described in the RFP. Responses will not be evaluated unless all parts requested are submitted in a complete package. The information set forth is the minimum required to be considered.

DATE OF SOLICITATION: TBD

*QUESTIONS DEADLINE: TBD at 11:00 a.m. PST
*QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS

SUBMITTAL DUE DATE: TBD at 11:00 a.m. PST

Page 329 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
5 2.0 Introduction
The City of Montebello, hereinafter referred to as the City, invites qualified Vendors to submit written proposals for providing the Design, Digital Hosting and Printing Services for the publication of the Parks and Recreation Guide. Should an award be made, the selected Proposer will enter into an agreement with the City of Montebello to provide these services.

Responses are due no later than TBD, at 11:00 a.m. PST through the City's PlanetBids Portal. Before submitting responses, Vendors must register as a vendor in the portal.

Vendors are encouraged to register well ahead of the deadline to avoid any technical difficulties that may arise. To register, please visit:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 and click "New Vendor Registration."

All responses to this opportunity must conform to this Request for Proposals (RFP) requirements. Failure to do so may result in the response being considered non-responsive.

Proposals submitted to the City of Montebello shall become the exclusive property of the City. Submissions shall become a matter of public record subject to disclosure, except for those elements that the City Attorney’s Office determines to be exempt from disclosure under the California Public Records Act or any other applicable state and/or federal law.

About the City of Montebello
Montebello ("beautiful mountain" in Spanish and Italian) is a city in the County of Los Angeles, California. Founded in 1899 and incorporated in 1920, the City is a 8.37 square mile General Law City located east of Downtown Los Angeles. Currently, the City has a population of approximately 63,000 residents. It hosts a mix of various industries that represent the business diversity of the County of Los Angeles as a whole. It is a full-service city that provides a long list of services, employing approximately 480 full-time and part-time employees in public safety, transit, and non-safety functions.

Department of Recreation and Community Services
Our Mission is to: Strengthen community through people, parks & programs.

The department strives to provide rewarding programs, services, and facilities that enhance the quality of life for Montebello residents and positively influence the public. Staff are committed to strengthen Montebello’s image and offer a sense of community, thereby supporting economic development, increasing public engagement, and promoting health and wellness. The Recreation and Community Services Department is comprised of the following programs and operational areas:

Administration
The Recreation and Community Services Administration is responsible for the leadership and oversight of a wide range of recreational facilities, parks, programs, services, and Golf Course operations. Staff maintain budgetary control and fiscal responsibility for the department, grants management, strategic planning, interdepartmental coordination, and collaboration with the School District, community sports leagues, the Parks and Recreation Commission, and other community based organizations.

Page 330 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
6 Programs & Services
The Department provides innovative community programs, staff run or contracted classes, and services for people of all ages and developmental abilities that encompass community engagement, leisure, social, and cultural programming, special events, aquatics, camps, educational services, and grant funded programs such as the Youth Employment Program.

Parks & Recreation Facilities

The Department of Recreation and Community Services oversees, operates, and coordinates the reservation and rentals of facilities for its community groups, residents, employers, and visitors. Over 84 developed acres are home to ten (10) parks; multiple athletic fields; outdoor pickle-ball, basketball, and tennis courts; an indoor gymnasium; a skate park; two aquatic facilities and a splash pad; a community garden; batting cages; a barnyard zoo; a youth center; and outdoor amphitheater; and a senior center.

Senior Services

Senior Services are offered to empower and provide senior citizens aged 50 years and over access to physical, leisure, social, and life-enhancing and sustaining programs and services, thus allowing older adults to thrive and age healthfully in the community. To support this, the Montebello Senior Center maintains a schedule of classes, social services, and special events for the senior population. Continuous programs include health screenings, dances, and a variety of exercise/leisure classes. Staff promote needed senior resource programs to reinforce this group’s quality of life, health and well-being. By providing senior citizens assistance, advocacy, and liaison services for various resources related to housing, food, healthcare, and transportation among others.

Special Events

The Department of Recreation and Comm unity Services is responsible for coordinating special events in the Montebello community, festivities that display Montebello's unique heritage and diverse cultures. The current events are the Veteran's Day Program, Memorial Day Program, City Heritage 5K Run, Halloween Fest, Winter Wonderland and Tree Lighting, Independence Day Spectacular, and Downtown Street Fest
Sports

Staff coordinate sports programs and field rentals fo r all community members and sports organizations. Staff have developed and oversee the youth basketball, soccer, t-ball/baseball, and flag -football leagues; adult softball and basketball leagues; as well as a summer swimming team.

3.0 Timeline

• Release RFP TBD
• Online Q&A Deadline TBD at 11a.m. PST
• Deadline to Submit Responses via PlanetBids TBD at 11a.m. PST • City Review of Qualification Submissions TBD
• Notifications Sent to Vendors Anticipated TBD

Page 331 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
7 • Award Anticipated TBD

4.0 Purpose

Through this opportunity, the City of Montebello intends to obtain the services of a qualified firm to provide annual playground inspections of all City-owned playgrounds by a Certified Playground Safety Inspector (CPSI) and provide Parks Amenities Accessibility Assessment for the Recreation and Community Services Department’s park playground and amenities and to provide the services as detailed in the Scope of Work/Services section.

5.0 Scope of Work/Services

The City of Montebello is interested in awarding a professional services agreement to conduct an accessibility evaluation of the Recreation and Community Services Department’s park playgrounds and amenities as listed in Appendix C. Additionally, the City desires to obtain the services of a qualified firm to provide annual playground inspections of all City-owned playgrounds by a Certified Playground Safety Inspector (CPSI).

Upon acceptance of the successful response to this RFP, the selected Vendor will utilize the Scope of Work as part of the contract entered into with the City. The selected Vendor will be expected to perform all technical and other analyses necessary to complete the Scope of Work.

The following items will be required and should be addressed in the proposal:

1. The Vendor shall perform an initial investigation and document review. Aspects of this initial investigation shall include:
a. Review existing City accessibility related documents, facility condition assessments, as-built drawings, and any other related and necessary reports. b. Review all applicable City and regulatory agency policies and procedures related to accessibility including all local, county, state, and federal policies, laws, regulations, and guidelines.

2. The Vendor shall meet with City staff at least three times, including a kick-off meeting, interim progress meeting, and completion meeting. This will be in addition to any required site visits and City staff meetings deemed necessary by the Vendor.

3. The Vendor shall develop the procedures and forms needed to conduct field surveys and the assessment.

4. The Vendor shall conduct assessment surveys with field investigations of identified park amenities, and open space in Montebello that provide programs, services, or activities to the public, as appropriate. The surveys will identify physical barriers that could limit accessibility.

5. Based on the surveys and investigations, the Vendor will develop reports which shall include:
a. Executive summary.
b. Barrier description and severity rating to measure relative impact to access. c. Digital photograph(s) and documentation of each barrier. d. Reference drawings/maps showing the specific location of the barrier. e. Proposed solution(s) to eliminate the barrier.
f. Individual cost estimates for each solution.

6. The Vendor shall build upon existing information and develop the comprehensive Park

Page 332 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
8 Amenities Accessibility Assessment based upon the result of barrier assessments, policy review and City staff guidance.

7. The resulting report shall include all requisite information necessary information to meet the scope of work outlined in this RFP which may include the following:
a. Methodology for the assessment of accessibility.
b. Summary of the findings of the assessment of playgrounds and amenities c. Recommendations of remedial measures to correct deficiencies and a methodology for the prioritization of barrier remediation. d. Cost estimates of remediation measures.
e. Implementation schedule that includes milestones or measures of achievement for monitoring implementation.
f. Procedures for addressing grievances.

8. The Vendor shall develop a preliminary cost estimate technical submittal with an executive summary. Microsoft Excel files of all cost estimates shall also be submitted to the City.

9. The Vendor shall provide a cost estimate for annual playground inspections of all nine (9) City-owned playgrounds by a Certified Playground Safety Inspector (CPSI).

10. The Vendor shall provide five (5) bound copies of the final Accessibility Assessment, as well as editable electronic copies in both Microsoft Word and PDF formats. All data files and project maps associated with the field investigations and facility evaluations shall be delivered to City staff.

6.0 Proposal Submittal

Please review Appendix – A (Proposal Format and Content), attached hereto and incorporated herein by this reference, for specific details regarding the information that needs to be included in your submission. Failure to provide all requested information may be considered “non-responsive” and rejected.

Responses to this RFP must be submitted electronically via the City’s PlanetBids Portal by the deadline. Any responses transmitted and/or time-stamped after the deadline will not be accepted. Vendors planning to submit responses to this request are highly encouraged to submit all documentation before the deadline to avoid any technical difficulties/errors.

7.0 Evaluation Criteria
The Recreation Department will establish an evaluation committee consisting of City staff responsible for reviewing and rating each proposal. The proposal evaluation process will be conducted using a two-step process.

First, the committee will review submissions to ensure adherence to the minimum/proposal format requirements. In the second part of this process, the evaluation committee will review and rate proposals based on the following:

Qualifications as they relate to this project (60%)
• Responsiveness and completeness of the proposal
• Background, team qualifications, and overall experience • Understanding and approach
Reputation for integrity and competence (20%)
• Positive Reference Checks

Page 333 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
9 • Work Samples
Proposed Fees and Charges for Service (20%)

8.0 Protest Procedures
Proposal Protest Procedures (Before Proposal Opening)
A protest filed before proposal opening must be filed in writing no later than ten (10) working days before proposal opening. The most common types of protest that might be filed before a proposal opening would include those based upon restrictive specifications or alleged improprieties in any solicitation that is apparent before the scheduled proposal opening.

When a protest is filed before a scheduled proposal opening, certain steps must be followed:

A. The protest must be submitted in writing within the specified time frame (no later than ten (10) working days prior to a proposal opening). All protests must be filed with the Director of Recreation for determination. Protest must be submitted to the Director of Recreation by mail or e-mail within the specified time frame. Protests can be sent to:

Mail:

The City of Montebello
Attn: Director of Recreation
1600 W. Beverly Blvd
Montebello, CA 90640

E-mail:
[email protected]

B. The protest must contain the factual and legal reason(s) for the protest and should recommend a proposed remedy. Nevertheless, it should be noted that the City reserves the right not to implement the proposed remedy but offer alternative solutions where applicable.

C. Where appropriate, the City will hold an informal conference on the merits of a protest with all interested parties allowed to attend. Interested parties may include all proposers and Sub-contractors or suppliers, provided they have a substantial economic interest in a portion of the RFP.

D. All potential proposers will be advised of a pending protest.

E. The City shall not open proposals prior to the resolution of the protest unless it is determined that:
• The items to be procured are urgently required;
• Delivery or performance will be unduly delayed by failure to make the award promptly; or
• Failure to make a prompt award will otherwise cause undue harm to the

Page 334 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
10 City.

The City will respond in writing within ten (10) working days after receipt of a properly filed protest. The response will be provided by the Director of Recreation and will include a response to each substantive issue raised in the protest.

After the exhaustion of administrative remedies, the protesting party will be given the City’s final decision. The Director of Recreation has the authority to make the final determination regarding all protests.

Proposal Protest Procedures (After Proposal Opening/Post Award) A protest filed after a proposal opening must be filed within three (3) working days after the proposal opening date. The City will grant the protesting Consultant a fair review and shall have up to ten (10) working days to review the protest and render its decision.

9.0 Execution of Agreement

The resulting agreement (see attached sample Appendix B) shall be signed by the successful Proposer and returned with the required insurance within ten (10) business days after the City has provided written notice that the consultant/Vendor has been awarded.

Failure to execute the agreement and file acceptable insurance documents as required and provided herein shall constitute just cause, at the City's option, for annulment of the award.

Please review the insurance requirements and indemnification clause as stated in the attached sample agreement.

Should the successful Proposer decline to execute the agreement, the City Council can either reject all proposals,call for new proposals or accept other proposals.

10.0 Insurance
The Consultant/Vendor selected must meet the following minimum insurance requirements upon execution of the City’s Professional Services Agreement:

A. Commercial General Liability

Commercial General Liability (CGL) (equivalent in coverage scope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, including premise-operations, products-completed, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

If requested, the "City of Montebello, its officials, employees, and agents" must be separately endorsed to the policy as additional insureds on an endorsement equivalent to the Insurance Services Office, Inc. Form CG 20 10 11 85 of CG 20 26 1185.

B. Business Automobile Liability

For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form CA 00

Page 335 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
11 01 covering, Code 1 (any auto), or if the vendor has not owned autos, Code 8 (hired) and 9 (non-owned) with a limit no less than $1,000,000 per accident for bodily injury and property damage.

If an automobile is not necessary to perform services, the Consultant must submit a written request for a waiver of this requirement.

C. Professional Liability or Errors and Omissions

Depending on the work or services to be performed, professional liability or errors and omissions liability insurance may be required. The City will require the vendor to provide professional liability or errors and omissions liability insurance in an amount not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.

D. Workers' Compensation and Employer's Liability

Workers' compensation as required by the California Labor Code and Employer's Liability in an amount not less than $1,000,000 per accident for bodily injury or disease.

Required Insurance Documentation

A. Certificate of Insurance

The Certificate Holder must be listed as follows:

City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640

B. Endorsements (if requested)

In addition to the Certificate of Insurance, the vendor must provide the following endorsements:

i. Additional insured endorsements to the general liability and auto liability* insurance policies. The "City of Montebello, its officials, employees, and agents" must be endorsed to the vendor’s general liability policy as well as the auto liability policy as additional insureds on an endorsement equivalent to ISO forms CG 20 10 11 85 or CG 20 26 11 85.

ii. Cancellation notice endorsements. Each policy must be endorsed to certify that it will be not be cancelled or non-renewed by either party or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with thirty (30) days prior written notice of cancellation (ten (10) days for cancellation due to nonpayment of premium is acceptable).

iii. Primary, non-contributory coverage endorsements. The general liability and professional liability (if required) policies must be endorsed to provide that each policy shall apply on a primary, non-contributing basis with any insurance or self-

Page 336 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
12 insurance, primary or excess, maintained by or available to the City or its officials, employees and agents.

Waiver and Modifications of Insurance Requirements
To the extent permitted by law, the City may modify these insurance requirements at any time and at its sole discretion.

In general, any contract deemed sole source, professional/professional services, involve the disclosure of proprietary information, and/or a public works project may require revisions to the City's standard insurance requirements. Any revisions to the insurance requirements will be identified within the associated service contract terms and conditions.

Vendors/Consultants may request a waiver or modification of these insurance requirements.

Waiver or modification requests must be submitted in writing. The request should state the specific insurance requirement that is being considered for waiver or modification and provided a brief explanation for the request. Requests will be reviewed on a case-by-case basis, and the decision will ultimately depend on the scope of services. The final decision to approve or deny a request will be at the City's legal authority and/or an authorized designee's discretion.

11.0 Non-Commitment of City
While the City has every intention to select a consultant/Vendor through this process, this intention is subject to change at any time during the process. The City does not commit to awarding an agreement, paying any costs incurred in preparing the proposal for this request, and/or procuring or contracting any items or services.

12.0 Labor Requirements
A. Background: All personnel engaged in the performance of this work shall be employees of the Consultant/Vendor and as such, shall be warranted to possess sufficient experience and reliability to perform this work.

B. Health: All personnel engaged in the performance of this work shall be in good health and free of contagious diseases. The Consultant/Vendor shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building. Neither shall the Consultant/Vendor allow the use of, or presence of, alcohol or drugs on the premises or in the building.

C. Non-Discrimination: The Consultant/Vendor shall not engage in discrimination in the employment of persons because of race, color, national origin, ancestry, mental/physical disabilities, sex, or religion of such persons.

D. Conduct: No person(s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, under the influence of alcohol and drugs, which fails or otherwise refuses to perform the work properly and acceptably, or is otherwise objectionable. Any person found to be objectionable shall be discharged immediately and not re-employed for this work.

Page 337 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
13 13.0 Records
The Consultant/Vendor agrees to permit City Manager or designee access to records, reports, files, and other papers or property of the Consultant/Vendor to audit any performance aspect under this agreement.

14.0 Subcontractors
The Consultant/Vendor shall be responsible for all work performed under the final agreement and shall keep all work under his control. No portion of the work may be subcontracted without the prior written consent of the City. Any and all subcontractors used on this work shall be under the direct supervision of the Consultant/Vendor and shall be considered as his employees. Any approved subcontractors must provide insurance indemnifying the City with limits at or exceeding the limits of the Contractor’s insurance.

15.0 Modifications/Changes
Changes in the areas serviced and/or specifications may be necessary during the term of the agreement. Changes in the agreement requirements and corresponding changes in compensation may be implemented upon the mutual understanding between the City and the Consultant/Vendor. These changes will be processed through the City Manager.

16.0 Disclosure of Information
A. The Consultant/Vendor agrees that it will not during or after the term of the agreement disclose any proprietary information or confidential business information of the City, including but not limited to its costs, charges, operating procedures, or methods of doing business to any person, Vendor, corporation, association, or other entity or to the general public for any reason or purpose whatsoever, without the prior written consent of the City.

Such confidential or proprietary information received by the Consultant/Vendor shall be used exclusively in connection with the performance of services.

B. The Consultant/Vendor shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the Consultant hereunder or mentioning or implying the name of the City or its respective personnel, without the prior written consent of the City.

17.0 City of Montebello Rights
In its discretion, the City reserves the right to:

A. Reject any and/or all proposals for no reason or any reason including, but not limited to, the following:

i. The proposal is incomplete, non-responsive, obscure, irregular, or lacking necessary detail and specificity.
ii. The Consultant/Vendor, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services. iii. The Consultant/Vendor failed or neglected to complete and submit any information within the time specified by the City, and as may be otherwise required herein.

Page 338 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
14 B. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform;

C. Accept all or any part of a proposal;

D. Cancel the entire RFP;

E. Issue subsequent RFPs; or

F. Waive any errors or informalities in any proposal to the extent permitted by law.

Please review:

Appendix A – Proposal Content and Format
Appendix B – Professional Services Agreement Sample
Appendix C – City of Montebello Facility List

Page 339 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
15 City of Montebello
Accessibility Assessment and Transition Plan
RFP No.

Appendix A – Proposal Content and Format

Proposal Content
The Vendor shall be responsible for preparing a compelling, clear, and concise proposal.

The City is requesting proposals, which contain at a minimum the following information:

1. Cover Letter - Please include a letter expressing your interest in being considered for the project. Include a statement regarding the Vendor's availability to dedicate time, personnel, and resources to this effort. Please include a statement demonstrating your understanding of the proposed project. Describe your general approach to completing the project successfully and technologies you would employ. Also, describe what information you would expect the City to supply.

2. Relevant Experience – Please include a brief statement of relevant experience within the last three (3) years.

Please also include three (3) references (Enclosure 1).

3. Cost Proposal – Cost proposal (Enclosure 2):

Total All-Inclusive Not-To-Exceed Maximum Price: The cost proposal should contain all pricing information relative to performing the scope of work as described in this request for proposals. The total all-inclusive maximum not-to-exceed price is to contain all direct and indirect costs, including all out-of-pocket expenses.

Rates for Additional Services: If it should become necessary for the City to request the successful Vendor to render additional services to either supplement services requested in this RFP or to perform any additional work as a result of the specific recommendations included in any report issued resulting from this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between the City and the Vendor. Any such additional work would be performed at the same rates submitted in the dollar cost bid unless otherwise noted in the proposal.

4. Proposed Scope of Services - Please provide a Proposed Scope of Services, based on the Scope of Work contained in this RFP; and discuss any ideas for modifying, clarifying, or improving the City’s proposed scope of work. Provide a realistic working schedule with key deliverables.

Please provide digital samples of accessibility assessments your business has produced in the last three (3) years.

5. Conflict of Interest Statement - The Vendor shall disclose any financial, business, or other relationship with the City that may have an impact upon the selection process. If the Vendor does not have any such conflicts, a statement declaring such should be included in

Page 340 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
16 their submission.

All proposals must be submitted using the PlanetBids Portal by TBD, 2023, at 11:00 AM PST. It is highly encouraged that proposals are submitted ahead of the deadline to avoid any technical difficulties that might be encountered while using the portal.

Proposal Format
To facilitate the evaluation process, all responses are required to adhere to the following format requirements. The City strongly encourages respondents to thoroughly review their proposals prior to submission to ensure they adhere to the requirements. If the proposal is not formatted or does not include all the listed items/sections, it may be deemed non- responsive.

Page 341 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
17 ENCLOSURE 1 – REFERNCES

Company Name

Business Address

Name of Contact

Title Contact

Telephone Number of Contact

Email of Contact

Description of Printing Project

Date of Order

Company Name

Business Address

Name of Contact

Title Contact

Telephone Number of Contact

Email of Contact

Description of Printing Project

Date of Order

Company Name

Business Address

Name of Contact

Title Contact

Telephone Number of Contact

Email of Contact

Description of Printing Project

Date of Order

Page 342 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
18 ENCLOSURE 2 – COST PROPOSAL

The proposal includes all labor necessary to perform site evaluations and labor necessary to prepare reports and documents, including the cost of any transportation and other expenses.

Park Amenities Accessibility Assessment $

Extra of Miscellaneous Charges not reflected above (must be itemized):

Item: $
Item: $
Item: $

All cost for developing proposals in response to this RFP are the obligation of the Design Company and are not chargeable to the City. All proposals may be withdrawn at any time prior to the published closing date, provided notification is received in writing to the City Purchasing Agent, listed in the RPF. Proposals cannot be withdrawn after the published closing date.

The undersigned, on behalf of the vendor, certifies that: (1) the person whose signature appears below is legally empowered to bind the company in whose name the bid entered; (2) has read the complete Request for Bid and understands all provisions; (3) if accepted by the City, this bid is guaranteed as written and will be implemented as stated. (4) by submitting bid, Bidder agrees to all the te rms of this Bid document, including but not limited to, each and every provision of the General Term and Conditions of Bid; and (5) mistakes in writing of the submitted bid will be the bidder’s responsibility.

Authorized Signature: Date:

Name: Title:

Company Name: Phone:

Page 343 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
19 APPENDIX B

CITY OF MONTEBELLO

PROFESSIONAL SERVICES AGREEMENT NO. ______
WITH _____________

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on ____________, 202_ (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and __________________________ (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS

WHEREAS, the CITY desires to retain a qualified professional consultant to provide __________________________ services in the CITY; and

WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the trai ning, education and expertise of its principals and employees.

NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS

a. The above -referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are inc orporated herein and made part of this Agreement, as though fully set forth herein:

1. This Agreement and its Exhibits, including any and all addenda or supplemental agreements.

2. RFP No. ____

3. Proposal referenced and Best Final Offer received by the successful proposer.

4. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.

b. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.

SECTION 2. SERVICES / COMPENSATION.

a. All terms, conditions, requirements, and provisions of the Request for Proposals for ______________________________ in the City of Montebello (insert date issued) (“Request for Proposals”), as such is set forth fully in Exhibit “A” hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.

Page 344 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
20 b. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide _________________________ services as set forth fully in the Request for Proposals, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).

c. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”). The CONSULTANT shall provide an itemized billing statement to the CITY each month for Profe ssional Services performed. The CONSULTANT shall no incur fees or costs which exceed the Compensation without the prior written consent of the CITY.

SECTION 3. TERM.

a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire three (3) years from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two (2) one-year extensions upon such terms and conditions mutually agreed u pon by the Parties in writing.

b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.

SECTION 4. PERFORMANCE.

a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.

b. The CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by comp anies engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement.

c. The CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.

d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT.

SECTION 5. WORK PRODUCT.

a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the

Page 345 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
21 property of the CITY, and ownership of said work product shall be retained by the CITY. The CONSULTANT may take and retain copies of such written products as desired, but no s uch written products shall be the subject of a copyright application by the CONSULTANT.

b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this A greement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 6. EXTRA SERVICES.

SECTION 7. CITY SUPERVISION.

The City Manager shall have the right of general supervision of all work perf ormed by the CONSULTANT and shall be the CITY’s agent with respect to obtaining the CONSULTANT’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non -defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.

a. Termination for Cause . In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract.

In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

Page 346 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
22 payable to the CONSULTANT for services t he CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non-refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non - refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non -refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement.

The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of the CITY shall be employed by the CONSULTANT during the term of this Agreement.

SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

No official or employee of the CITY shall be personally liable to the CONSULTANT in the event of any default or breach by the CITY, or for any amount which may become due to the CONSULTANT.

SECTION 11. INDEPENDENT CONSULTANT.

Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for perf ormance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder.

c. The CITY shall not deduct from the C ompensation paid to the CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants with workers’ compensation insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.

a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written

Page 347 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
23 notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.

b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contri butions for CalPERS benefits on behalf of the CONSULTANT or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.

c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CI TY for employer contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

The CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, an d local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section.

SECTION 14. INDEMNIFICATION.

The CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.

SECTION 15. INSURANCE COVERAGE.

a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT’s performance o f this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

Page 348 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
24 • Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

• Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

• Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

• Professional Liability insurance appropriate to the CONSULTANT’S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.

c. The CONTACTOR shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

e. Each insurance policy required above shall sta te that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non -payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon.

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [insert designated email]

Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non - renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof

Page 349 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
25 given by the insurer to the CITY by U.S. mail, or by personal del ivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.

g. Evidence of Insurance during the entire term of the Agreement . At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agr eement, file with the CITY’s Risk Manager such certificate(s).

h. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.

i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

j. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self -insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in exc ess of CONSULTANT’s insurance and shall not contribute with it.

k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.

l. Any deductibles or self-insured retentions must be declared to and approved by the CITY.

At the option of the CITY, the CONSULTANT shall either reduce or eliminate the d eductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

The CONSULTANT shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub -consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

Page 350 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
26 Any subcontract, delegation or assignment shall be made in the name of the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.

SECTION 17. NO WAIVER.

Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties.

If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigat ion shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

SECTION 20. WARRANTIES.

Each of the parties represents and warrants to one another as follows:

a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;

SECTION 21. MISCELLANEOUS.

a. The descriptive paragraph headings of this Agreement are included for purposes of

Page 351 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
27 convenience only and shall not control or affect the construction of interpretation of any of its provisions.

b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.

c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision here of and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.

d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.

e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.

f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excu se such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

SECTION 22. NOTICE.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e-mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

If to CITY: City of Montebello
Attn: René Bobadilla, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [ENTER EMAIL ADDRESS]

Page 352 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
28 With a copy to: City of Montebello – Department Name Attn: Name and Title of Department Head
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 558 -1625 ext.

Email: [ENTER EMAIL
ADDRESS]mailto:[email protected]

If to Consultant: Consultant Name
Attn: ___________________
Address
City, CA #####
(###) ###-####
Email mailto:[email protected]

An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, the CONSULTANT shall not discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, mar ital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONSULTANT will take affirmative action to ensure that sub-consultant and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

SECTION 24. CONFLICT OF INTEREST.

The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONSULTANT shall avoid the appearance of having any interest that woul d conflict in any manner with the performance of its services pursuant to this Agreement.

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the CITY and the CONSULTANT.

Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in

Page 353 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
29 writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.

[SIGNATURE PAGE TO FOLLOW]

Page 354 of 488 ends

Park Amenities Accessibility Assessment
Request for Proposals (RFP) No. 23-12
30 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.

(“CITY”) (“CONSULTANT”)

CITY OF MONTEBELLO CONSULTANT NAME

René Bobadilla, City Manager Full Name, Title

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
• Exhibit A – Request for Proposals for Services and
Contractor’s Proposal
• Exhibit B – Schedule of Compensation

Page 355 of 488 ends

31 EXHIBIT “A”

Request for Proposals for Services and Contractor’s Proposal

Page 356 of 488 ends

32 EXHIBIT “B”

Schedule of Compensation

Page 357 of 488 ends

33 APPENDIX C

PARKS AND AMENITY LIST

PARKS

PARK ADDRESS AMENITIES TO SURVEY

REGGIE RODRIGUEZ
PARK
200 W. MINES AVE PLAYGROUND, BASKETBALL COURTS
HOLIFIELD PARK 1060 S. GREENWOOD AVE PLAYGROUND, BASEBALL FIELD

CATHY HENSEL

YOUTH CENTER
236 GEORGE HENSEL DR. BASKETBALL COURTS

MONTEBELLO CITY
PARK
1301 W. WHITTIER BLVD. 2 PLAYGROUNDS, 2 TENNIS/PICKLEBALL

COURTS, BASKETBALL COURTS
GRANT REA PARK 600 REA DR. PLAYGROUND

POTRERO HEIGHTS
PARK
8051 ARROYO DR. PLAYGROUND
ASHIYA PARK 2700 W. BEVERLY BLVD. 2 PLAYGROUNDS
ACUNA PARK 1700 W. VICTORIA AVE PLAYGROUND

Page 358 of 488 ends

ITEM # 14
PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-27 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED APRIL 26, 2023

Page 359 of 488 ends

RESOLUTION NO. 23-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO

APPROVING AND ALLOWING CERTAIN CLAIMS AND DEMANDS

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

SECTION 1. That the reference is hereby made to that certain Reg ister of Audited Demand No.1550, consisting of 8 pages, and including:

Warrant No.

General: Check No. 599506 through 599629
ACH No. 3924 through 4030

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

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

______________________________

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

APPROVED AND ADOPTED this 26th day of April 2023.

_______________________________
David N. Torres, Mayor

ATTEST: APPROVED AS TO FORM:

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

Page 360 of 488 ends

RESOLUTION NO. 23-27

Page 2 of 2 ends

• Exhibit A – Warrant Register

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that th e foregoing Resolution No. 23-27 was p assed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meet ing of said Council held on the 26th day of April 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

Page 361 of 488 ends

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VEN
DO

VENDOR NAME
General Account
3924 04/06/2023 $1,085.60 SUPPLIES 3163 BANK OF AMERICA 3925 04/06/2023 $39.99 MACHINERY & EQUIPMENTS 3163 BANK OF AMERICA 3926 04/06/2023 $801.48 MACHINERY & EQUIPMENTS 3163 BANK OF AMERICA 3927 04/06/2023 $184.19 FUEL 3163 BANK OF AMERICA
3928 04/06/2023 $39.99 MACHINERY & EQUIPMENTS 3163 BANK OF AMERICA 3929 04/06/2023 $77.56 SUPPLIES 3163 BANK OF AMERICA
3930 04/06/2023 $630.37 SUPPLIES 3163 BANK OF AMERICA
3931 04/06/2023 $39.99 MACHINERY & EQUIPMENTS 3163 BANK OF AMERICA 3932 04/06/2023 $141.40 FUEL 3163 BANK OF AMERICA
3933 04/06/2023 $1,633.57 SUPPLIES 3163 BANK OF AMERICA 3934 04/06/2023 $39.99 MACHINERY & EQUIPMENTS 3163 BANK OF AMERICA 3935 04/06/2023 $119.61 SUPPLIES 3163 BANK OF AMERICA
3936 04/06/2023 $2,620.51 SUPPLIES 3163 BANK OF AMERICA 3937 04/06/2023 $3,426.56 RETIREMENT 17 CAL PERS
3938 04/06/2023 $236,739.11 PENSION/RETIREMENT PAYABLE 17 CAL PERS 3939 04/06/2023 $234,838.88 PENSION/RETIREMENT PAYABLE 17 CAL PERS 3940 04/06/2023 $249,277.27 PENSION/RETIREMENT PAYABLE 17 CAL PERS 3941 04/06/2023 $247,901.88 PENSION/RETIREMENT PAYABLE 17 CAL PERS 3942 04/06/2023 $246,695.21 PENSION/RETIREMENT PAYABLE 17 CAL PERS 3943 04/06/2023 $2,600.00 PENSION/RETIREMENT PAYABLE 17 CAL PERS 3944 04/06/2023 $24,204.15 RETIREMENT 17 CAL PERS
3945 04/06/2023 $11,397.57 PENSION/RETIREMENT PAYABLE 17 CAL PERS 3946 04/06/2023 $3,011.48 PENSION/RETIREMENT PAYABLE 17 CAL PERS 3947 04/06/2023 $13,571.83 PENSION/RETIREMENT PAYABLE 17 CAL PERS 3948 04/06/2023 $2,250.00 ADVERTISING/PRINTING SERVICES 1293 923 MEDIA GROUP INC 3949 04/06/2023 $300.00 TRAINING 41790 ADLERHORST INTERNATIONAL LLC 3950 04/06/2023 $127.50 CONTRACT SERVICES 38010 ADVANCED AVANT-GARDE CORPORATION 3951 04/06/2023 $101,781.88 CONTRACT SERVICES 3411 AIM CONSULTING SERVICES 3952 04/06/2023 $1,063.61 SAFETY PROGRAM 2586 AMAZON CAPITAL SERVICES INC City of Montebello
Register of Demands No. 1550
From Payment Date 03/31/23 - To Payment Date 04/13/23

Page 1 ends

Page 362 of 488 ends

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VEN
DO

VENDOR NAME
City of Montebello
Register of Demands No. 1550
From Payment Date 03/31/23 - To Payment Date 04/13/23
3953 04/06/2023 $211.68 SUPPLIES 62880 AMERICAN MARKER
3954 04/06/2023 $3,169.48 CONTRACT SERVICES 3588 ANTHONYS PORTABLE RESTROOMS INC 3955 04/06/2023 $360,937.60 CONTRACT SERVICES 40970 ARAKELIAN ENTERPRISES 3956 04/06/2023 $1,438.82 CONTRACT SERVICES 21690 COLUMBIA BUSINESS FORMS INC 3957 04/06/2023 $24,720.00 CONTRACT SERVICES 3025 COMPLETE LANDSCAPE CARE INC 3958 04/06/2023 $176.06 TRAVEL & MEETINGS 3384 ALICIA FERNANDEZ 3959 04/06/2023 $24,254.49 CONTRACT SERVICES 371 FLO-SERVICES INC 3960 04/06/2023 $500.00 CONTRACT SERVICES 2956 GLADWELL GOVERNMENTAL SERVICES INC 3961 04/06/2023 $135.54 SALES TAX LIABILITY 22560 H & H AUTO PARTS WHOLESALE 3962 04/06/2023 $1,922.12 SUPPLIES 26670 LIFE-ASSIST INC 3963 04/06/2023 $391.05 CONTRACT SERVICES 3276 MARK ROBERT LOPEZ 3964 04/06/2023 $7,200.00 CONTRACT SERVICES 11070 LPM CONSULTING INC 3965 04/06/2023 $105.00 CONTRACT SERVICES 3574 MARIA GORYAN MAGDESYAN 3966 04/06/2023 $130.00 TRAINING 3778 LAWRENCE MOON
3967 04/06/2023 $575.00 CONTRACT SERVICES 26880 SEBASTIAN WATERWORKS INC 3968 04/06/2023 $816.35 VEHICLE MAINTENANCE/EXPENSES 1385 MUNCIE RECLAMATION AND SUPPLY COMPANY 3969 04/06/2023 $1,373.43 CONTRACT SERVICES 19250 N/S CORPORATION 3970 04/06/2023 $87,517.38 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES 3971 04/06/2023 $1,035.00 CONTRACT SERVICES 3147 PMC PLUMBING INC 3972 04/06/2023 $628.54 SUPPLIES 1120 BLUETRITON BRANDS INC 3973 04/06/2023 $510.00 CONTRACT SERVICES 952 RELIANT IMMEDIATE CARE MEDICAL GROUP INC 3974 04/06/2023 $31,058.16 FUEL INVENTORY 1059 AMBER RESOURCES LLC 3975 04/06/2023 $264.68 CONTRACT SERVICES 57140 UNDERGROUND SERVICE ALERT OF SOUTHERN CA 3976 04/13/2023 $1,423.69 SUPPLIES 3163 BANK OF AMERICA 3977 04/13/2023 $3,290.92 TRAINING 3163 BANK OF AMERICA 3978 04/13/2023 $3,138.74 FURNITURE & FIXTURES PURCHASES 3163 BANK OF AMERICA 3979 04/13/2023 $1,315.89 DUES & SUBSCRIPTIONS 3163 BANK OF AMERICA 3980 04/13/2023 $4,656.70 PERMITS AND FEES 3163 BANK OF AMERICA 3981 04/13/2023 $2,564.13 MAIL/ POSTAL EXPENSE 3163 BANK OF AMERICA 3982 04/13/2023 $4,110.05 DUES & SUBSCRIPTIONS 3163 BANK OF AMERICA

Page 2 ends

Page 363 of 488 ends

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VEN
DO

VENDOR NAME
City of Montebello
Register of Demands No. 1550
From Payment Date 03/31/23 - To Payment Date 04/13/23
3983 04/13/2023 $2,991.04 TRAINING 3163 BANK OF AMERICA 3984 04/13/2023 $1,376.35 TRAVEL & MEETINGS 3163 BANK OF AMERICA 3985 04/13/2023 $50.00 DUES & SUBSCRIPTIONS 3163 BANK OF AMERICA 3986 04/13/2023 $93.58 DUES & SUBSCRIPTIONS 3163 BANK OF AMERICA 3987 04/13/2023 $269.33 DUES & SUBSCRIPTIONS 3163 BANK OF AMERICA 3988 04/13/2023 $1,870.92 ADVERTISING/PRINTING SERVICES 3163 BANK OF AMERICA 3989 04/13/2023 $695.16 ADVERTISING/PRINTING SERVICES 3163 BANK OF AMERICA 3990 04/13/2023 $186.83 MACHINERY & EQUIPMENTS 3163 BANK OF AMERICA 3991 04/13/2023 $725.24 ADVERTISING/PRINTING SERVICES 3163 BANK OF AMERICA 3992 04/13/2023 $1,435.28 TRAVEL & MEETINGS 3163 BANK OF AMERICA 3993 04/13/2023 $6.60 SUPPLIES 3163 BANK OF AMERICA
3994 04/13/2023 $2,567.87 SUPPLIES 3163 BANK OF AMERICA 3995 04/13/2023 $472,817.59 PERS GROUP INSURANCE PAYABLE 17 CAL PERS 3996 04/13/2023 $4,579.23 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 3997 04/13/2023 $3,085.63 VEHICLE MAINTENANCE/EXPENSES 47980 AMERICAN MOVING PARTS 3998 04/13/2023 $17,123.12 CONTRACT SERVICES 2102 JOHN P BEROKOFF 3999 04/13/2023 $7,184.34 CONTRACT SERVICES 2889 COMLOCK SECURITY GROUP INC 4000 04/13/2023 $778.65 UNIFORM EXPENSE 3560 ENTENMANN-ROVIN CO 4001 04/13/2023 $6,333.10 LEASE PAYMENT 74920 EXECUTIVE CAR LEASING COMPANY 4002 04/13/2023 $136.00 CONTRACT SERVICES 23660 DAIOHS USA 4003 04/13/2023 $3,484.03 CONTRACT SERVICES 1175 GRAPHIC ELECTRIC INC 4004 04/13/2023 $1,460.87 SALES TAX LIABILITY 22560 H & H AUTO PARTS WHOLESALE 4005 04/13/2023 $16,690.63 CONTRACT SERVICES 3490 INTER-CON SECUIRTY SYSTEMS INC 4006 04/13/2023 $618.18 TRAINING 3998 RAMONA LANGER
4007 04/13/2023 $12,238.04 CONTRACT SERVICES 3301 MATER MONTEBELLO LTD PARTNERSHIP 4008 04/13/2023 $40,755.97 CONTRACT SERVICES 26880 SEBASTIAN WATERWORKS INC 4009 04/13/2023 $1,981.72 CONTRACT SERVICES 2974 MULTI W SYSTEMS INC 4010 04/13/2023 $2,680.00 VEHICLE MAINTENANCE/EXPENSES 1385 MUNCIE RECLAMATION AND SUPPLY COMPANY 4011 04/13/2023 $26,202.35 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES 4012 04/13/2023 $1,500.00 CONTRACT SERVICES 3147 PMC PLUMBING INC

Page 3 ends

Page 364 of 488 ends

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VEN
DO

VENDOR NAME
City of Montebello
Register of Demands No. 1550
From Payment Date 03/31/23 - To Payment Date 04/13/23
4013 04/13/2023 $915.13 UNIFORM EXPENSE 2594 THE SAUCE CREATIVE SERVICES CORP 4014 04/13/2023 $461.53 SUPPLIES 2686 THE SHERWIN-WILLIAMS CO 4015 04/13/2023 $176.62 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 4016 04/13/2023 $1,389.15 DUES & SUBSCRIPTIONS 1644 TRITECH SOFTWARE SYSTEMS 4017 04/13/2023 $334.45 SUPPLIES 3066 V & V MANUFACTURING INC 4018 04/13/2023 $150.35 CONTRACT SERVICES 3140 WEX HEALTH INC 4019 04/13/2023 $1,626.99 SUPPLIES 3163 BANK OF AMERICA 4020 04/13/2023 $94.20 MAIL/ POSTAL EXPENSE 3163 BANK OF AMERICA 4021 04/13/2023 $1,021.44 FUEL 3163 BANK OF AMERICA
4022 04/13/2023 $89.24 SUPPLIES 3163 BANK OF AMERICA
4023 04/13/2023 $194.41 SUPPLIES 3163 BANK OF AMERICA
4024 04/13/2023 $1,334.86 SUPPLIES 3163 BANK OF AMERICA 4025 04/13/2023 $882.06 SUPPLIES 3163 BANK OF AMERICA
4026 04/13/2023 $135.29 SUPPLIES 3163 BANK OF AMERICA
4027 04/13/2023 $818.51 SUPPLIES 3163 BANK OF AMERICA
4028 04/13/2023 $255.02 UTILITY SERVICES 3163 BANK OF AMERICA 4029 04/13/2023 $76.40 SUPPLIES 3163 BANK OF AMERICA
4030 04/13/2023 $471.56 SUPPLIES 3163 BANK OF AMERICA
ACH TOTAL $2,598,556.54
599506 04/06/2023 $558.05 PREVENTIVE MAINTENANCE 64600 A TO Z FIRE PROTECTION COMPANY 599507 04/06/2023 $996.90 CONTRACT SERVICES 3932 AAVCO ELECTRIC, INC. 599508 04/06/2023 $4,004.36 UTILITY SERVICES 1732 AT&T CORP 599509 04/06/2023 $131.25 CONTRACT SERVICES 3577 ACTION DOOR REPAIR CORPORATION 599510 04/06/2023 $424.85 UTILITY SERVICES 39550 AT&T
599511 04/06/2023 $16,234.58 CONTRACT SERVICES 16710 ATKINSON ANDELSON LOYA RUUD & ROMO 599512 04/06/2023 $4,100.00 CONTRACT SERVICES 3868 ATLANTIC STRATEGIES, LLC 599513 04/06/2023 $32,550.00 CONTRACT SERVICES 1624 CALIFORNIA PAVING AND GRADING INC 599514 04/06/2023 $3,300.00 CONTRACT SERVICES 34760 CALIFORNIA STATE CONTROLLERS OFFICE 599515 04/06/2023 $1,159.72 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY

Page 4 ends

Page 365 of 488 ends

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VEN
DO

VENDOR NAME
City of Montebello
Register of Demands No. 1550
From Payment Date 03/31/23 - To Payment Date 04/13/23
599516 04/06/2023 $883.50 CONTRACT SERVICES 40850 MARIA E CASAS 599517 04/06/2023 $8,691.19 CONTRACT SERVICES 52710 CLEAN ENERGY FUELS 599518 04/06/2023 $7,988.68 SALES TAX LIABILITY 950 CUMMINS INC 599519 04/06/2023 $1,225.00 CONTRACT SERVICES 2759 D F POLYGRAPH 599520 04/06/2023 $569.50 ADVERTISING/PRINTING SERVICES 3492 DP TRADING 599521 04/06/2023 $259.48 CONTRACT SERVICES 1894 ECONOMY RENTAL INC 599522 04/06/2023 $1,261.72 SUPPLIES 7610 EWING IRRIGATION PRODUCTS 599523 04/06/2023 $172.64 SUPPLIES 55650 GALLS LLC
599524 04/06/2023 $10,392.41 CONTRACT SERVICES 33460 GOODYEAR TIRE & RUBBER COMPANY 599525 04/06/2023 $258.96 TRAVEL & MEETINGS 3454 KIMBERLY GUILLEN 599526 04/06/2023 $3,817.75 SUPPLIES 2728 H & V CUSTOM OFFICE CUBICLES CORP 599527 04/06/2023 $3,647.87 VEHICLE MAINTENANCE/EXPENSES 30190 IB AUTO PARTS INC 599528 04/06/2023 $238.21 VEHICLE MAINTENANCE/EXPENSES 15440 HOSE-MAN INC 599529 04/06/2023 $1,689.00 CONTRACT SERVICES 3235 ION SECURITY SYSTEMS 599530 04/06/2023 $3,600.00 CONTRACT SERVICES 3480 JEFFREY ALAN TRAVIS 599531 04/06/2023 $6,359.68 CONTRACT SERVICES 2539 JL GROUP LLC 599532 04/06/2023 $150.00 DUES & SUBSCRIPTIONS 9200 LOS ANGELES COUNTY ASSESSOR OFFICE 599533 04/06/2023 $2,500.00 DUES & SUBSCRIPTIONS 3134 ECONOMIC DEVELOPMENT CORPORATION OF LOS ANGELES COUNTY 599534 04/06/2023 $10,675.00 CONTRACT SERVICES 3523 LYNX ELECTRICAL & TELECOMMUNICATIONS INC 599535 04/06/2023 $164.50 CONTRACT SERVICES 41130 MIHM INC 599536 04/06/2023 $3,372.01 SUPPLIES 43370 MIRACLE PLAYGROUND SALES 599537 04/06/2023 $12,897.81 UTILITY SERVICES 4760 MONTEBELLO LAND & WATER CO 599538 04/06/2023 $1,200.00 CONTRACT SERVICES 3569 MYNP COM NURSING CORPORATION 599539 04/06/2023 $505.18 VEHICLE MAINTENANCE/EXPENSES 2480 SOCAL AUTO & TRUCK PARTS INC 599540 04/06/2023 $6,600.00 CONTRACT SERVICES 3942 NATIONAL GOLF FOUNDATION CONSULTING, INC. 599541 04/06/2023 $650.00 CONTRACT SERVICES 26370 NAVARROS TOWING SERVICE 599542 04/06/2023 $1,119.10 CONTRACT SERVICES 41180 MANUEL NUNEZ 599543 04/06/2023 $55.64 SUPPLIES 15620 OFFICE DEPOT INC 599544 04/06/2023 $100.00 CONTRACT SERVICES 2709 ERNEST PERALTA 599545 04/06/2023 $46.85 UTILITY SERVICES 100 PICO WATER DISTRICT

Page 5 ends

Page 366 of 488 ends

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VEN
DO

VENDOR NAME
City of Montebello
Register of Demands No. 1550
From Payment Date 03/31/23 - To Payment Date 04/13/23
599546 04/06/2023 $325.00 TRAINING 979 PRADO FAMILY SHOOTING RANGE 599547 04/06/2023 $6,566.78 CONTRACT SERVICES 3279 PROCURE AMERICA INC 599548 04/06/2023 $690.00 CONTRACT SERVICES 3601 PROFESSIONAL INTERPRETING LLC 599549 04/06/2023 $88.12 SUPPLIES 56260 PRUDENTIAL OVERALL SUPPLY 599550 04/06/2023 $5,270.54 VEHICLE MAINTENANCE/EXPENSES 3095 RUSH TRUCK CENTERS OF CALIFORNIA INC 599551 04/06/2023 $975.69 UTILITY SERVICES 14730 SAN GABRIEL VALLEY WATER CO 599552 04/06/2023 $33,473.30 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 599553 04/06/2023 $100.00 DUES & SUBSCRIPTIONS 526 T-MOBILE USA INC 599554 04/06/2023 $396.00 CONTRACT SERVICES 9270 TANK SPECIALIST OF CALIFORNIA 599555 04/06/2023 $6,933.66 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC 599556 04/06/2023 $6,110.10 SUPPLIES 69680 TRIANGLE SPORTS INC 599557 04/06/2023 $7,426.33 CONTRACT SERVICES 3187 TRISTAR RISK MANAGEMENT 599558 04/06/2023 $284.67 CONTRACT SERVICES 131 UNITED SITE SERVICES INC 599559 04/06/2023 $8,103.74 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICES LP 599560 04/06/2023 $4,035.00 TRAINING 11430 WESTGATE CENTER FOR LEADERSHIP 599561 04/06/2023 $2,048.00 CONTRACT SERVICES 3941 UNLIMITED POWER SOLUTIONS 599562 04/06/2023 $7,217.44 COPIER REPAIR/SERVICES 2747 US BANK EQUIPMENT FINANCE 599563 04/06/2023 $6,628.25 UTILITY SERVICES 23610 VERIZON WIRELESS 599564 04/06/2023 $5,437.06 FRINGE BENEFITS 58990 VISION SERVICE PLAN 599565 04/06/2023 $3,140.47 VEHICLE MAINTENANCE/EXPENSES 67320 WINZER 599566 04/06/2023 $22,650.00 CONTRACT SERVICES 2857 WOLVERINE FENCE COMPANY INC 599567 04/06/2023 $1,141.00 CONTRACT SERVICES 71170 YOUNG ELECTRIC SIGN COMPANY 599568 04/06/2023 $1,904.00 CONTRACT SERVICES 3662 YOUTH EVOLUTION ACTIVITIES 599569 04/13/2023 $59.03 UTILITY SERVICES 1732 AT&T CORP 599570 04/13/2023 $6,633.75 SALES TAX LIABILITY 113 ALACO LADDER COMPANY 599571 04/13/2023 $440.00 CONTRACT SERVICES 3488 ASPIRE RX INC 599572 04/13/2023 $2,461.11 UTILITY SERVICES 39550 AT&T 599573 04/13/2023 $4.41 UTILITY SERVICES 39550 AT&T
599574 04/13/2023 $750.00 CONTRACT SERVICES 3561 CALI TRANSLATIONS LLC 599575 04/13/2023 $416.00 CONTRACT SERVICES 58240 STATE OF CALIFORNIA-DEPARTMENT OF JUSTICE

Page 6 ends

Page 367 of 488 ends

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VEN
DO

VENDOR NAME
City of Montebello
Register of Demands No. 1550
From Payment Date 03/31/23 - To Payment Date 04/13/23
599576 04/13/2023 $7,315.61 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 599577 04/13/2023 $996.55 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 599578 04/13/2023 $5,566.87 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 599579 04/13/2023 $95.32 VEHICLE MAINTENANCE/EXPENSES 45170 MONTEBELLO AUTO GROUP LLC 599580 04/13/2023 $2,820.00 CONTRACT SERVICES 3204 COASTAL OCCUPATIONAL MEDICAL GROUP 599581 04/13/2023 $942.35 SALES TAX LIABILITY 950 CUMMINS INC 599582 04/13/2023 $225.00 ADVERTISING/PRINTING SERVICES 1354 DAILY JOURNAL CORPORATION 599583 04/13/2023 $42,118.22 RETIREMENT 4110 DELTA DENTAL OF CALIFORNIA 599584 04/13/2023 $225.00 ADVERTISING/PRINTING SERVICES 2123 ENDEAVOR BUSINESS MEDIA LLC 599585 04/13/2023 $869.84 CONTRACT SERVICES 3982 EVERNOTH CARE SOLUTIONS, INC 599586 04/13/2023 $1,100.00 VEHICLE MAINTENANCE/EXPENSES 3501 FAILSAFE TESTING LLC 599587 04/13/2023 $2,376.15 SALES TAX LIABILITY 1528 FAN4LIFEDECALS 599588 04/13/2023 $346.54 VEHICLE MAINTENANCE/EXPENSES 29160 FORD OF MONTEBELLO 599589 04/13/2023 $450.00 GENERAL GOVERNMENT 4031 MARGARITA GARCIA 599590 04/13/2023 $250.00 GENERAL GOVERNMENT 4032 FRANCISCO GARIBAY 599591 04/13/2023 $300.00 CONTRACT SERVICES 4016 GEIGER & ASSOCIATES, MARRIAGE & FAMILY THERAPY,INC 599592 04/13/2023 $711.99 VEHICLE MAINTENANCE/EXPENSES 33720 GILLIG LLC 599593 04/13/2023 $1,733.56 SUPPLIES 3914 GRAFIX SYSTEMS 599594 04/13/2023 $703.05 VEHICLE MAINTENANCE/EXPENSES 30190 IB AUTO PARTS INC 599595 04/13/2023 $1,584.00 TRAVEL & MEETINGS 2245 HOTEL2SUITES LLC 599596 04/13/2023 $649.42 CONTRACT SERVICES 1357 IRON MOUNTAIN INC 599597 04/13/2023 $535.94 ADVERTISING/PRINTING SERVICES 3383 KELLER TRANSLATION DEVELOPMENT SERVICE LLC 599598 04/13/2023 $961.34 CONTRACT SERVICES 790 CITY OF MONTEBELLO PETTY CASH 599599 04/13/2023 $791.32 VEHICLE MAINTENANCE/EXPENSES 2480 SOCAL AUTO & TRUCK PARTS INC 599600 04/13/2023 $100.00 PARKS AND RECREATION 4028 ANABEL NAVAR 599601 04/13/2023 $205.94 SUPPLIES 15620 OFFICE DEPOT INC 599602 04/13/2023 $3,750.00 CONTRACT SERVICES 3896 ROBERT J ORTIZ 599603 04/13/2023 $243.92 RETIREMENT 42490 LINDA PAYAN
599604 04/13/2023 $150.00 TRAVEL & MEETINGS 832 FERNANDO PELAEZ 599605 04/13/2023 $1,031.00 CONTRACT SERVICES 3601 PROFESSIONAL INTERPRETING LLC

Page 7 ends

Page 368 of 488 ends

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VEN
DO

VENDOR NAME
City of Montebello
Register of Demands No. 1550
From Payment Date 03/31/23 - To Payment Date 04/13/23
599606 04/13/2023 $298.31 UNIFORM EXPENSE 56260 PRUDENTIAL OVERALL SUPPLY 599607 04/13/2023 $406.00 TRAINING 51460 RIO HONDO COMMUNITY COLLEGE 599608 04/13/2023 $20,576.42 VEHICLE MAINTENANCE/EXPENSES 3095 RUSH TRUCK CENTERS OF CALIFORNIA INC 599609 04/13/2023 $106.25 TRAVEL & MEETINGS 2285 RYAN SALDIVAR 599610 04/13/2023 $250.00 GENERAL GOVERNMENT 4029 CHRISTINE SERNA 599611 04/13/2023 $4,302.66 UTILITY SERVICES 51430 SOUTH MONTEBELLO IRRIGATION DISTRICT 599612 04/13/2023 $128,801.50 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 599613 04/13/2023 $44,782.01 FUEL INVENTORY 40520 SOUTHERN CALIFORNIA GAS CO 599614 04/13/2023 $11,385.33 OTHER GROUP INSURANCE PAYABLE 25850 STANDARD INSURANCE COMPANY 599615 04/13/2023 $936.50 CONTRACT SERVICES 3397 STERICYCLE INC 599616 04/13/2023 $885.97 CONTRACT SERVICES 1963 SUEZ WTS SERVICES USA INC 599617 04/13/2023 $250.00 GENERAL GOVERNMENT 4030 PASCUAL TELLES 599618 04/13/2023 $2,247.63 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC 599619 04/13/2023 $192.61 DUES & SUBSCRIPTIONS 41430 THOMSON REUTERS - WEST 599620 04/13/2023 $2,508.16 UTILITY SERVICES 72570 US TELEPACIFIC CORP 599621 04/13/2023 $535.60 RETIREMENT 27300 ROBERT C TUFANO 599622 04/13/2023 $47,861.90 CONTRACT SERVICES 1188 TYLER TECHNOLOGIES INC 599623 04/13/2023 $334.67 SUPPLIES 45120 ULINE INC
599624 04/13/2023 $1,235.86 SALES TAX LIABILITY 3450 VALLEY POWER SYSTEMS INC 599625 04/13/2023 $663.71 SUPPLIES 9470 W W GRAINGER INC 599626 04/13/2023 $304.15 CONTRACT SERVICES 3572 JIM WARINO 599627 04/13/2023 $1,134.47 VEHICLE MAINTENANCE/EXPENSES 25860 WAYNE HARMEIER INC 599628 04/13/2023 $4,084.00 CONTRACT SERVICES 40860 WEST COAST ARBORISTS INC 599629 04/13/2023 $25,325.28 CONTRACT SERVICES 3731 YUNEX LLC CHECK TOTAL $674,818.76
GRAND TOTAL $3,273,375.30

Page 8 ends

Page 369 of 488 ends

ITEM # 15
APPROVAL OF MINUTES: APPROVAL OF MINUTES: FEBRUARY 8, 2023 SPECIAL CITY COUNCIL MEETING; FEBRUARY 8, 2023 CITY COUNCIL AND PUBLIC FINANCING AUTHORITY JOINT MEETING; FEBRUARY 13, 2023 ADJOURNED SPECIAL COUNCIL MEETING; FEBRUARY 13 2023 ADJOURNED CITY COUNCIL AND PUBLIC FINANCING AUTHORITY JOINT MEETING; FEBRUARY 22, 2023 CITY COUNCIL AND SUCCESSOR AGENCY JOINT MEETING; MARCH 8, 2023 CITY COUNCIL MEETING; AND MARCH 22, 2023 CITY

COUNCIL MEETING

Page 370 of 488 ends

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY

JOINT REGULAR MEETING

MINUTES

WEDNESDAY, FEBRUARY 8, 2023 AT 5:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES

CALL TO ORDER

Mayor Pro Tem Peralta called the City Council and Public Financing Authority Joint Regular Meeting to order at 5:08 p.m., concurrently with the Special City Council Meeting of February 8, 2023.

ROLL CALL

Members present were Mayor Pro Tem Peralta, Councilmember Melendez, Councilmember Jimenez, and Councilmember Tamayo. Although the meeting convened with four members present, Councilmember Jimenez left during the Closed Session due to being diagnosed with Covid. City Clerk Jimenez and Treasurer Matanga were also present; The two at- large seats remained vacant at this meeting and Mayor Torres was absent.

City Attorney Arnold Alvarez-Glasman, Assistant City Manager Arlene Salazar, Senior Deputy City Clerk Alicia Fernandez, Deputy City Clerk Kimberly Guillen, and all Department Directors were present.

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.

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

CLOSED SESSION 5:00 P.M.

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

DRAFT

Page 371 of 488 ends

February 8, 2023: City Council and Public Financing Authority Meeting Minutes

Page 2 of 7 ends

Mayor Pro Tem Peralta recessed the meeting into Closed Session at 5:14 p.m. to consider the following Closed Session items:

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
One matter of threat of litigation by Attorney representing Infrastructure Engineering

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
a. Government Code Section 54956.9(d)(1)
Neighborhood Elections Now, et al. v. City of Montebello LASC Case No. 23STCV01567

b. Government Code Section 54956.9(d)(1)
John Doe v. City of Montebello
LASC Case No. 22STCP03976

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

CLOSED SESSION REPORT

Mayor Pro Tem Peralta reconvened the meeting at 6:07 p.m.

City Attorney Arnold Alvarez-Glasman stated that four members were present to discuss 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 was taken and there was nothing to report. During Item No. 2 a. and 2b., Councilmember Jimenez departed from Closed Session due to being diagnosed with Covid.

Mr. Alvarez-Glasman stated that due to the ongoing threat to litigation regarding holding a quorum, it was the perspective of the City Council that no business be taken with only three (3) Councilmembers present for this meeting. In addition, all items on this agenda, with the exception of the Ceremonial/Presentation Items, were Adjourned to an Adjourned City Council and Public Financing Authority Joint Regular Meeting to be held on Monday, February 13, 2023.

Roll call for the Special Meeting was taken at this time and Councilmembers Melendez, Councilmember Tamayo, and Mayor Pro Tem were present. The two at-large seats remained vacant for this meeting, and Mayor Torres and Councilmember Jimenez were absent.

Mayor Pro Tem Peralta apologized to all the candidates who were hoping to present their candidacy to council for the open vacancies. Mayor Pro Tem further apologized for the extremity of the situation that council is in, and hopes they can join Council at the next meeting to continue these matters.

INVOCATION

Pastor John Paul Jones from Ark of Montebello led the City Council in the Invocation.

PLEDGE OF ALLEGIANCE

Henry Fimbres 2nd Lieutenant from the California Guard led the City Council in the Pledge of Allegiance.

CORRECTIONS TO THE AGENDA CITY MANAGER

None.

CEREMONIAL/PRESENTATIONS

DRAFT

Page 372 of 488 ends

February 8, 2023: City Council and Public Financing Authority Meeting Minutes

Page 3 of 7 ends

3. CITIZEN OF THE MONTH - RUBEN MARTINEZ
Presented by Mayor Pro Tem Peralta.

4. BLACK HISTORY MONTH
Adjourned to Monday, February 13, 2023.

5. AMERICAN HEART MONTH
Adjourned to Monday, February 13, 2023.

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.

No comments were taken for this meetings, as business matters were not addressed.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

None.

REGULAR BUSINESS

6. 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.

Adjourned to Monday, February 13, 2023.

7. 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:

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.

Adjourned to Monday, February 13, 2023.

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.

DRAFT

Page 373 of 488 ends

February 8, 2023: City Council and Public Financing Authority Meeting Minutes

Page 4 of 7 ends

8. 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.

Adjourned to Monday, February 13, 2023.

9. 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.

Adjourned to Monday, February 13, 2023.

10. 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.

Adjourned to Monday, February 13, 2023.

11. 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

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.

Adjourned to Monday, February 13, 2023.

12. AUTHORIZE THE CITY MANAGER TO EXECUTE THE EXCHANGE AGREEMENT WITH LA METRO OF

FEDERAL SURFACE TRANSPORTATION PROGRAM-LOCAL AND HIGHWAY INFRASTRUCTURE

PROGRAMS FUNDS

RECOMMENDATION: It is recommended that the City Council:

DRAFT

Page 374 of 488 ends

February 8, 2023: City Council and Public Financing Authority Meeting Minutes

Page 5 of 7 ends

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.

Adjourned to Monday, February 13, 2023.

13. 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.

Adjourned to Monday, February 13, 2023.

14. 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.

Adjourned to Monday, February 13, 2023.

15. 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.

Adjourned to Monday, February 13, 2023.

16. 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.

Adjourned to Monday, February 13, 2023.

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

PARTNERSHIP (BVP) SOLICITATION FUNDS UTILIZATION

RECOMMENDATION: It is recommended that the City Council:

DRAFT

Page 375 of 488 ends

February 8, 2023: City Council and Public Financing Authority Meeting Minutes

Page 6 of 7 ends

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.

Adjourned to Monday, February 13, 2023.

18. 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).

Adjourned to Monday, February 13, 2023.

19. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-09 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED FEBRUARY 08, 2023

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-09 approving the Warrant Register dated February 08, 2023.

Adjourned to Monday, February 13, 2023.

20. 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.

Adjourned to Monday, February 13, 2023.

21. 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.

Adjourned to Monday, February 13, 2023.

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).

None.

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

Council Orals were not heard.
• Salvador Melendez, Councilmember

DRAFT

Page 376 of 488 ends

February 8, 2023: City Council and Public Financing Authority Meeting Minutes

Page 7 of 7 ends

• 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.
• Scarlet Peralta, Mayor Pro Tem
• 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

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 Sunday, February 5, 2023 at 5:00 p.m.

Alicia Fernandez, Senior Deputy City Clerk
The meeting was adjourned at 6:14 p.m.; no motion was made as there was no objection.

THE MINUTES OF FEBRUARY 8, 2023, CITY COUNCIL AND PUBLIC FINACING AUTHORITY MEETING, ARE HEREBY APPROVED AND ADOPTED ON THIS 26TH DAY OF APRIL 2023.

DRAFT

Page 377 of 488 ends

CLOSED SESSION

SPEAKER CARD

Page 378 of 488 ends

Page 379 of 488 ends

CITY OF MONTEBELLO

SPECIAL CITY COUNCIL MEETING AGENDA

MINUTES
WEDNESDAY, FEBRUARY 8, 2023 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY

BOULEVARD

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES

CALL TO ORDER
Mayor Pro Tem Peralta called the Special City Council Meeting to order at 5:08 p.m. concurrently with the City Council and Public Financing Authority Joint Regular Meeting of February 8, 2023.

ROLL CALL
Members present were Mayor Pro Tem Peralta, Councilmember Melendez, Councilmember Jimenez, and Councilmember Tamayo. Although the meeting convened with four members present, Councilmember Jimenez left during the Closed Session due to being diagnosed with Covid. City Clerk Jimenez and Treasurer Matanga were also present; Mayor Torres was absent.

City Attorney Arnold Alvarez-Glasman, Assistant City Manager Arlene Salazar, Senior Deputy City Clerk Alicia Fernandez, Deputy City Clerk Kimberly Guillen, and all Department Directors were present.

Mr. Alvarez-Glasman stated that due to the ongoing threat to litigation regarding holding a quorum, it was the perspective of the City Council that no business be taken with only three (3) Councilmembers present for this meeting. As such, Item No. 1 was adjourned to an Adjourned Special Meeting to be held on Monday February 13, 2023.

PUBLIC COMMENTS ON AGENDA ITEMS ONLY (30 MINUTES)
At this time, the general public may only address the City Council during this Special Meeting on items which have been described in the notice of this Special meeting in accordance with Government Code Section 54954.3(a). Please be aware that the maximum time allotted for members of the public to speak on shall not exceed three (3) minutes per person. State Law prohibits the City Council 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.

No public comments were made, as the item on the agenda was adjourned to Monday, February 13, 2023.

DRAFT

Page 380 of 488 ends

February 8, 2023: City Council Meeting Minutes Page 2 of 2 REGULAR SESSION – WILL RUN CONCURRENTLY WITH CITY COUNCIL & PUBLIC FINANCING AUTHORITY

JOINT REGULAR MEETING

REGULAR BUSINESS

1. ADOPTION OF URGENCY ORDINANCE NO. 2462 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. Adopt Urgency Ordinance No. 2462 repealing that portion of the Montebello Municipal Code section

2.08.050(G) that established a temporary 7-member City Council to cause the City Council to remain a 5-member body.

This matter was not heard and was adjourned to February 13, 2023.

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

Date and Posted: February 7, 2023 by 5:30 p.m.

I,
Alicia Fernandez, Sr. Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Tuesday, February 7, 2023, no later than 6:00 p.m.

Alicia Fernandez, Sr. Deputy City Clerk
The meeting was adjourned at 6:14 p.m.; no motion was taken as there was no objection.

THE MINUTES OF FEBRUARY 8, 2023, SPECIAL CITY COUNCIL MEETING, ARE HEREBY APPROVED AND ADOPTED ON THIS 26TH DAY OF APRIL 2023.

DRAFT

Page 381 of 488 ends

CITY OF MONTEBELLO

ADJOURNED CITY COUNCIL AND PUBLIC FINANCING AUTHORITY JOINT MEETING

MINUTES

MONDAY, FEBRUARY 13, 2023 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES

CALL TO ORDER

Mayor Torres called the City Council and Public Financing Authority Joint Regular Meeting to order at 6:03 p.m.

ROLL CALL

Members present were Mayor Torres, Mayor Pro Tem Peralta, and Councilmember Tamayo and two at-large seats remain vacant. Councilmember Jimenez and Councilmember Melendez were absent. City Clerk Jimenez and Treasurer Matanga were also present.

City Attorney Arnold Alvarez-Glasman, Assistant City Manager Arlene Salazar, Senior Deputy City Clerk Alicia Fernandez, Deputy City Clerk Kimberly Guillen, and all Department Directors were present.

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

INVOCATION

City Clerk Jimenez led the City Council in the Invocation.

PLEDGE OF ALLEGIANCE

Mayor Pro Tem Peralta led the City Council in the Pledge of Allegiance.

CORRECTIONS TO THE AGENDA CITY MANAGER

None.

CEREMONIAL/PRESENTATIONS

DRAFT

Page 382 of 488 ends

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

Page 2 of 8 ends

1. BLACK HISTORY MONTH
Presented by Mayor Torres.

2. AMERICAN HEART MONTH

Presented by Mayor Torres.

The City Clerk’s Office acknowledged eight (8) members of the public wishing to address the City Council. Speakers were provided three minutes to address the City Council and said speaker cards are on file at the City Clerk’s office.

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

Prior to the start of the meeting, Senior Deputy City Clerk Alicia Fernandez recommended via email that the meeting be adjourned due to a lack of quorum, similar to how the February 2, 2023 meeting was adjourned. Additionally, she confirmed with Mayor Torres that he was in receipt of the email and he stated that he would proceed with the meeting. Once the meeting was called to order, Mayor Torres made a statement that he made the decision to move forward with the meeting with only three members and stated after considering the issue and receiving legal counsel’s opinion and seeing how there is no legal precedent that speaks to the City's unique situation, it was his opinion that government would come to a halt if a quorum could be so easily threatened by the presence of vacancies. City Attorney Alvarez-Glasman stated his support for Mayor Torres' comments regarding quorum. He noted that the City Attorney’s office conferred with an election law attorney and agreed with the position that three members are a quorum. Further, the current Municipal Code states that three members constitutes a quorum. He noted that there was an item that came before Council to increase quorum from three members to four members but it was tabled and never acted upon. As a result of the language of the government code, the Montebello Municipal code, a case from Arcadia in 1939 and all consideration of legal authority and Mayor’s declaration it is the viewpoint that this meeting can occur accordingly and the meeting will go forward with three members.

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.

Director Solorza provided a PowerPoint presentation to the City Council.

Mayor Pro Tem Peralta expressed that actionable items such as budget amendments and staffing reorganization should be their own agenda items. Furthermore, Ms. Peralta stated that any new position should include a description of that position and an estimate of each position, in terms of salary and benefits, to keep the community informed. Mayor Pro Tem Peralta clarified she does not oppose staffing updates but the priority of the Council should be focusing on staffing in DRAFT

Page 383 of 488 ends

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

Page 3 of 8 ends

the public service sector, which includes the shortfalls in workforce in fire, police, and transit. She further went on to explain that it is the Council's fiduciary duty to figure out how to increase those positions that work directly with the community and ways to improve employee retention. Lastly, she expressed that these staffing positions should be first before continuing to increase staffing in upper management and administrative positions.

Mayor Torres reiterated Peralta's comments, emphasizing that some of these items should come as separate agenda items. Furthermore, he expressed how important the way agenda items are listed in the agenda as it signals to the community the kind of decisions that are being made. Mayor Torres then made the following motions:

Mayor Torres motioned to approve the $15,450,00 for the Golf Course Project, seconded by Mayor Pro Tem Peralta; the motion was approved unanimously by Councilmembers present.

Mayor Torres motioned that the IT Strategic Plan come back as a separate agenda item and that it should include all the proposals the City received for this project and the scoring criteria that the City used and scores of the applicants and also the final Professional Services Agreement and it was seconded by Mayor Pro Tem Peralta; the motion was approved unanimously by Councilmembers present.

Mayor Torres motioned that the other requested budget amendments come back as their own agenda items with the proper background and descriptions, seconded by Councilmember Tamayo; the motion was approved unanimously by Councilmembers present.

Mayor Torres motioned to direct staff to create a policy where by budget amendments appear as individual agenda items in the future and also that changes to the table of organization adding, subtracting or changing positions also appear as its own individual agenda item, seconded by Mayor Pro Tem Peralta; the motion was approved unanimously by Councilmembers present.

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:

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.

City Attorney Alvarez-Glasman stated that because of the action on Council on Item No. 18, it would be appropriate to take no action on this item.

Mayor Torres, Mayor Pro Tem Peralta, and Councilmember Tamayo pulled Item No. 7 for discussion. Councilmember Tamayo also pulled Item No. 9 and Mayor Torres pulled Item No. 16.

Councilmember Peralta motioned to approve Item No’s. 5,6,8,10-15, and 17, seconded by Councilmember Tamayo; the motion was approved unanimously by Councilmembers present.

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:

DRAFT

Page 384 of 488 ends

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

Page 4 of 8 ends

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.

Approved unanimously.

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.

Approved unanimously.

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

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

Councilmember Tamayo asked if the naming of the street is a requirement of the funds. Director Enriquez stated that it was not and it was at the request of Topgolf. He further clarified that the naming is for a new entry road that turns into Topgolf and the new clubhouse and they are not renaming Via San Clemente.

Mayor Pro Tem Peralta expressed her opposition to the approval of this item and stated that the City shouldn't move forward with the naming of the new street without a monetary incentive for the City. Furthermore, she suggested that the naming of the street could be something historical and honoring to the City.

Director Enriquez clarified that there are two separate Resolutions and asked if Resolution No. 23-11 could be passed at this time as it does affect funding as it makes it eligible for transportation funds. Director Enriquez also asked for direction as to what process staff should go through to select a name. Mayor Torres stated the Council will consider this further and they will work with staff along the way.

Mayor Pro Tem Peralta motioned to approve Recommendation No. 1, to adopt Resolution No. 23-11, seconded by Councilmember Tamayo; the motion was approved unanimously by Councilmembers present.

Mayor Torres made a second motion to defer Recommendation No. 2 to the March 8, 2023 meeting, adoption of Resolution No. 23-10, seconded by Councilmember Tamayo; the motion was approved unanimously by Councilmembers present.

Director Enriquez requested that the Council provide staff with a naming process.

Mayor Torres clarified the approval of Resolution No. 23-11, and restated that Resolution No. 23-10 is to be held over to March 8, 2023.

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

COMPLETION

RECOMMENDATION: It is recommended that the City Council:

DRAFT

Page 385 of 488 ends

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

Page 5 of 8 ends

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

Approved unanimously.

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.

Councilmember Tamayo expressed that we should be implementing development impact fees on these kinds of improvements. She explained what a development impact fee is and that this fee could offset the cost of infrastructure for public services such as roads, schools and parks. She mentioned that this developmental impact fee had reached consensus prior and asked if this item can come back to the Council with some kind of fee structure. Director Solorza explained that the implementation of this development impact fee requires its own separate fee study and the need to procure a consultant prior to creating a proposal for those fees. Furthermore, he noted that a user fee study is currently underway, but it is completely different than the development impact fee.

Councilmember Peralta stated that she received consensus on April 28, 2021 for a development impact fee structure to be formalized and be brought forth for action. She noted that she was told that the process would be brought back through a study. Councilmember Peralta asked for a clear, direct timeline of when this will be brought back to council to take action.

Assistant City Manager Salazar clarified that staff was given direction for a user fee study and stated that is separate from this item and asked if Council can take action regarding Item No. 9. She further stated that the user fee study is underway and has about 6 more months left and that will come back to Council once completed.

Mayor Pro Tem Peralta motioned to approve the item as is and added to give direction to staff to work on creating a development impact fee structure to bring back to Council for a formal vote, seconded by Councilmember Tamayo; the motion was approved unanimously by Councilmembers present.

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

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

DRAFT

Page 386 of 488 ends

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

Page 6 of 8 ends

Approved unanimously.

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.

Approved unanimously.

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.

Approved unanimously.

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.

Approved unanimously.

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

PARTNERSHIP (BVP) SOLICITATION FUNDS UTILIZATION

RECOMMENDATION: It is recommended that the City Council:

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

Approved unanimously.

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).

Approved unanimously.

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:

DRAFT

Page 387 of 488 ends

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

Page 7 of 8 ends

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

Mayor Torres pulled this item for discussion. Torres motioned to approve Warrant Register Resolution No. 23-09 with the exception of Warrant No. 598866, it was seconded by Mayor Pro Tem Peralta; the motion was approved unanimously by Councilmembers present.

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.

Approved unanimously.

18. WAIVE SECOND READING AND ADOPT ORDINANCE NO. 2458 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. 2458 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.

Item No. 4, 18 and Special item No.1 were discussed at this time.

Mayor Torres introduced this item and stated that the decision to move to a 7-body Council was an erroneous decision that he and Mayor Pro Tem Peralta lobbied heavily against.

Councilmember Tamayo expressed her support of moving forward with a 5-member council, based on the pending litigation and financial prudency and the fact that all districts are represented. Mayor Pro Tem Peralta expressed her concerns about this process, including the districting process from the beginning. Mayor Torres stated that retaining a 5- member body would be of the best interest to the residents and the community as Montebello has historically had a 5- member body over the last 102 years.

Mayor Pro Tem Peralta motioned to approve the item, seconded by Councilmember Tamayo; the motion was approved unanimously by the Councilmembers present.

Note: the Ordinance assigned was updated to reflect the number that was actually assigned, Ordinance No. 2458 (not 2451 as posted on the agenda).

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).

Mayor Torres and Councilmember Tamayo attended the League of California Cities New Mayors and Councilmembers conference. They provided a brief report on their experience at the conference.

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

• Georgina Tamayo, Councilmember

Page 388 of 488 ends

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

Page 8 of 8 ends

mittees and submit completed applications to the City Clerk's office no later by Wednesday, February 8, 2023 by 5:30 p.m.

Councilmember Tamayo demonstrated how to access the commission applications for the open seats. • Angie M. Jimenez, Councilmember

• David N. Torres, Mayor

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.

Mayor Torres requested consensus for his Council Oral Item's No. 1-3; consensus was received unanimously. During Mayor Torres Council Oral No. 4, he announced vacancies on Planning, Parks & Recreation and Planning Commissions.

He noted he is looking for highly qualified candidates and encouraged the community to apply. Mayor Torres made an announcement for his last two items congratulating the students at the YMCA Youth in Government for presenting their Bill at the 75th Model Legislature and Court in Sacramento.

• 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

Mayor Pro Tem motioned, seconded by Councilmember Councilmember Tamyo to adjourn the meeting at 8:14 p.m.

THE MINUTES OF FEBRUARY 13, 2023, ADJOURNED CITY COUNCIL AND PUBLIC FINANCING AUTHORITY JOINT MEETTING, ARE HEREBY APPROVED AND ADOPTED ON THIS 26TH DAY OF APRIL 2023.

DRAFT

Page 389 of 488 ends

Page 390 of 488 ends

Page 391 of 488 ends

Page 392 of 488 ends

Page 393 of 488 ends

Page 394 of 488 ends

Page 395 of 488 ends

Page 396 of 488 ends

Page 397 of 488 ends

CITY OF MONTEBELLO

ADJOURNED SPECIAL CITY COUNCIL MEETING AGENDA

MINUTES
MONDAY, FEBRUARY 13, 2023 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY

BOULEVARD

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES

CALL TO ORDER
Mayor Torres called the City Council Special Meeting to order at 7:22 p.m.

ROLL CALL
Members present were Mayor Torres, Mayor Pro Tem Peralta, and Councilmember Tamayo and the two at-large seats remained vacant. Councilmember Jimenez and Councilmember Melendez were absent. City Clerk Jimenez and Treasurer Matanga were also present.

City Attorney Arnold Alvarez-Glasman, Assistant City Manager Arlene Salazar, Senior Deputy City Clerk Alicia Fernandez, Deputy City Clerk Kimberly Guillen, and all Department Directors were present.

Please show courtesy to others and direct all of your comments to the Mayor.

Public Comments were addressed during the Public Comment section of the City Council and Public Financing Authority Adjourned Meeting.

REGULAR SESSION – WILL RUN CONCURRENTLY WITH CITY COUNCIL & PUBLIC FINANCING AUTHORITY

JOINT ADJOURNED MEETING
DRAFT

Page 398 of 488 ends

February 13, 2023: City Council Meeting Minutes Page 2 of 2

REGULAR BUSINESS

1. ADOPTION OF URGENCY ORDINANCE NO. 2462 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. Adopt Urgency Ordinance No. 2462 repealing that portion of the Montebello Municipal Code section

2.08.050(G) that established a temporary 7-member City Council to cause the City Council to remain a 5-member body.

City Attorney Alvarez-Glasman stated that the Urgency Ordinance would require a 4/5 ths vote but since there were only three members present, it would require a unanimous vote.

Mayor Pro Tem Peralta motioned to approve the item, seconded by Councilmember Tamayo; the motion was approved unanimously by Councilmembers present. This item was approved in conjunction with Item No. 18 at the City Council and Public Financing Authority Meeting.

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).

Date and Posted: February 9, 2023 at 4:30 p.m.

I, Alicia Fernandez, Sr. 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, Sr. Deputy City Clerk

Mayor Pro Tem Peralta motioned, seconded by Councilmember Tamayo, to adjourn the meeting at 8:14 p.m.

THE MINUTES OF FEBRUARY 13, 2023, ADJOURNED SPECIAL CITY COUNCIL MEETING, ARE HEREBY APPROVED AND ADOPTED ON THIS 26TH DAY OF APRIL 2023.

DRAFT

Page 399 of 488 ends

AMENDED AGENDA - UPDATED STAFF REPORT FOR ITEM NO. 4

CITY OF MONTEBELLO

CITY COUNCIL AND SUCCESSOR AGENCY JOINT REGULAR MEETING

MINUTES

WEDNESDAY, FEBRUARY 22, 2023 AT 5:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES

CALL TO ORDER

Mayor Pro Tem Peralta called the meeting to order at 5:30 p.m.

ROLL CALL

Members present were Mayor Pro Tem Peralta, Councilmember Jimenez, Councilmember Melendez, and Councilmember Tamayo. City Clerk Jimenez was also present. Mayor Torres arrived at 5:33 p.m. and City Treasurer Matanga arrived at 6:00 p.m..

City Attorney Arnold Alvarez-Glasman, Assistant City Manager Arlene Salazar, Senior Deputy City Clerk Alicia Fernandez, Deputy City Clerk Kimberly Guillen, and all Department Directors were present.

PUBLIC COMMENTS FOR CLOSED SESSION
At this time, the general public may address the City Council/SA 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/SA 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.

None.

CLOSED SESSION 5:00 P.M.

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

Mayor Pro Tem Peralta recessed the meeting into Closed Session at 5:31 p.m. to consider the following Closed Session item:

DRAFT

Page 400 of 488 ends

February 22, 2023: City Council and Successor Agency Meeting Minutes

Page 2 of 7 ends

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Neighborhood Elections Now, et al. v. City of Montebello LASC Case No. 23STCV01567

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

CLOSED SESSION REPORT

Mayor Torres reconvened the meeting at 6:02 p.m.

All five members were present to discuss all Closed Session items. The City Attorney stated that no action was taken on Item No. 1 and there was nothing to report.

INVOCATION

City Clerk Jimenez led the City Council in the Invocation.

PLEDGE OF ALLEGIANCE

City Treasurer Matanga led the City Council in the Pledge of Allegiance.

CORRECTIONS TO THE AGENDA CITY MANAGER

None.

CEREMONIAL/PRESENTATIONS

None.

PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS (30 MINUTES) At this time, the general public may address the City Council/SA 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/SA 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 6:06 p.m.

The City Clerk’s Office acknowledged nine (9) 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.

Mayor Torres asked Assistant City Manager Arlene Salazar to follow up with Gary Thorton's comment regarding the City's plan for earthquakes.

Mayor Torres asked Assistant City Manager Salazar to have Code Enforcement look into Roger Jimenez's concern.

The Mayor asked for a motion to extend the Public Comment Period. Councilmember Melendez motioned but did not receive a second; the motion failed.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

Assistant City Manager Salazar invited the public to attend the upcoming City Council Special Meetings.

PUBLIC HEARING

2. ADOPT RESOLUTION NO. 23-19 APPROVING A PROPOSED SUBSTANTIAL AMENDMENT NUMBER 1 TO THE FY 2021-22 CDBG/HOME ANNUAL ACTION PLAN TO APPROVE THE HOME INVESTMENT DRAFT

Page 401 of 488 ends

February 22, 2023: City Council and Successor Agency Meeting Minutes

Page 3 of 7 ends

PARTNERSHIP AMERICAN RESCUE ALLOCATION PLAN AND TO INCLUDE THE HOME-ARP FUNDS AND

ACTIVITIES

RECOMMENDATION: It is recommended that the City Council:

1. Conduct a Public Hearing on the HOME- American Rescue Plan (ARP) Allocation Plan and consider any testimony received during the hearing; and

2. Adopt Resolution No. 23-19 approving Substantial Amendment Number 1 to the Fiscal Year 2021-22 Annual Action Plan to include the Home Investment Partnership (HOME) - American Rescue (ARP) Allocation Plan, certifying that the City of Montebello has followed its adopted Community Participation Plan, allocating $1,088,770 in HOME-ARP funds to eligible HOME-ARP Activities such as Development of Affordable Rental Housing and Administration and Planning of the HOME-ARP Program; and

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

Housing Manager, Rosemary Perich, provided a presentation to the City Council which included: an executive summary; background on the HOME-ARP allocation plan, public hearing guidelines maintained by HUD, an explanation of HOME- AARP; qualifying populations, and eligible uses of the funds.

Mayor Pro Tem Peralta asked clarifying questions regarding the administrative costs. Councilmembers Jimenez, Melendez, Tamayo, and Mayor Torres commended the staff.

Mayor Torres opened the Public Hearing at 6:45 p.m. Four (4) speakers spoke in favor of the item. Said speaker cards are on file at the City Clerk’s office. Mayor Torres closed the Public Hearing at 6:53 p.m.

Councilmember Jimenez motioned to approve the item; seconded by Mayor Pro Tem Peralta; the motion was approved unanimously.

REGULAR BUSINESS

3. ADOPT RESOLUTION NO. 23-16, CITY OF MONTEBELLO MEMBERSHIP IN THE GATEWAY CITIES

AFFORDABLE HOUSING TRUST, A JOINT POWERS AUTHORITY

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-16 approving execution of the Joint Exercise of Powers Agreement relating to the City's membership in the Gateway Cities Affordable Housing Trust; and

2. Authorize the Mayor to execute the Gateway Cities Affordable Housing Trust Joint Powers Authority (JPA) Agreement.

A consultant from Gateway Cities Council of Governments, Grant Henninger, provided a presentation to the City Council on the affordable housing trust, which included the housing crisis in the past 8 years; pipeline projects; what a housing trust is; what the benefits are; trust study process; trust capital funding sources; committee review; and collaboration.

The Council expressed their excitement about the membership with Gateway Cities Council of Governments. Mayor Torres asked if the admin fee would be reduced as more cities joined. Mr. Henninger explained that it possibly could, but not at the moment.

Mayor Pro Tem Peralta motioned to approve the item, seconded by Councilmember Jimenez; the motion was approved unanimously.

4. ADOPT CITY COUNCIL RESOLUTION NO. 23-18 / SUCCESSOR AGENCY RESOLUTION NO. 23-04, APPROVING THE PURCHASE, SALE, AND AFFORDABLE HOUSING DEVELOPMENT AGREEMENT NO. 4075, RELOCATION PLAN AND APPRAISAL FOR PHASE 1 PROJECT SITE AMONG THE CITY OF MONTEBELLO AND THE MONTEBELLO SUCCESSOR AGENCY (“SELLERS”) AND THE MONTEBELLO AFFORDABLE HOUSING, LP 112, 114, 121, 124, 128 AND 132 SOUTH 6TH STREET GRAND, CITY OF MONTEBELLO (“DEVELOPER”)
DRAFT

Page 402 of 488 ends

February 22, 2023: City Council and Successor Agency Meeting Minutes

Page 4 of 7 ends

RECOMMENDATION: It is recommended that the City Council / Successor Agency:

1. Adopt City Council Resolution No. 23-18/ Successor Agency Resolution No. 23-04, approving a Purchase, Sale, and Affordable Housing Agreement No. 4075 (Attachment A) among the City of Montebello (“City”), Montebello Affordable Housing and Cesar Chavez Foundation (“CCF”), Relocation Plan (Attachment C) and Appraisal (Attachments D-E) for Phase 1 project site – a proposed three (3) and four (4) story residential building with approximately sixty-three (63) affordable housing units with 1 to 3 bedrooms, with parking and related amenities located at four (4) vacant City owned (and one Successor Agency-owned) parcels at 112, 114, 121, 124, and 132 South 6th Street (APN No.: 6349-005-900, 901, 902, and 903), and 128 and 128 ½ South 6th Street (APN No.: 6349-005-006), owned by CCF, to allow the construction, use, and maintenance of an affordable housing development; and

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

Councilmember Jimenez motioned to approve the item, seconded by Mayor Pro Tem Peralta; the motion was approved unanimously.

5. CONSIDERATION AND ADOPTION OF RESOLUTION NO. 23-17 ESTABLISHING RULES OF ORDER FOR

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

BUSINESS

RECOMMENDATION: It is recommended that the City Council:

1. Consider and adopt Resolution No. 23-17 establishing rules of order for the conduct of all City Council and Successor Agency meetings, proceedings, and business; and

2. Provide further direction for a date to conduct a Study Session to review the rules of procedure; and

3. Take other action as directed by the City Council.

City Attorney Alvarez-Glasman stated that his office created this item and addressed some of the comments heard during the Public Comments section of the meeting in reference to staff not being allowed to speak to members of the public. Mr.

Alvarez Glasman stated that the language was meant to protect staff, not hinder them.

Mayor Pro Tem Peralta and Tammayo expressed that they are looking forward to the Study Session.

Councilmember Jimenez stated that she found the language troubling and expressed her concerns; meanwhile, she is looking forward to a Study Session.

Councilmember Melendez stated that he does not find the language necessary and finds it unwarranted. Further, he expressed concern with regards to using the word "controversial". He questioned who would be the deciding factor about what controversial means.

Mayor Torres expressed his support for this item and supported City Attorney Alvarez-Glasman's point in that the language would protect staff as they can politely decline to engage with the members of the community and it would foster orderly conduct of Council meetings.

Mayor Pro Tem Peralta motioned to approve the item, seconded by Councilmember Tamayo; the motion was approved by the following vote:

MOVED: Peralta SECONDED: Tamayo APPROVED: 3-1-1-0
AYES: Tamayo, Peralta, Torres
NOES: Melendez
ABSTAIN: Jimenez
ABSENT: None

DRAFT

Page 403 of 488 ends

February 22, 2023: City Council and Successor Agency Meeting Minutes

Page 5 of 7 ends

6. REVIEW OF COUNCIL ASSIGNMENT TO THE CAPITAL PROJECTS COMMITTEE - ALAMEDA CORRIDOR

EAST AUTHORITY AND STREETS AD HOC

RECOMMENDATION: It is recommended that the City Council:

1. Review and take action to fill assignments to the Capital Projects Committee - Alameda Corridor East Authority and Streets Ad Hoc.

Mayor Torres stated there was confusion about who was appointed to the Capital Projects Committee, as he previously expressed interest. Torres asked his colleagues, Councilmembers Jimenez and Melendez, if they would give him the opportunity to sit on the Capital Projects Committee. Councilmember Melendez gave up his seat so that Mayor Torres could be on the committee.

Mayor Torres motioned to appoint himself as an alternate to the Capital Projects Committee; Councilmember Jimenez would remain as the delegate. The motion did not receive a second, but Mayor Torres asked for a roll call vote. Due to a lack of a second, the motion failed but was approved via the roll call vote.

Furthermore, Mayor Torres stated that the Streets Ad Hoc is inappropriate as streets are an ongoing issue and proposed that the current Streets Ad Hoc be disbanded but that two members be assigned to determine a way to equitably pave the streets in the City.

Mayor Torres motioned to (1) create the Streets Ad Hoc for the purpose of coming up with an equitable plan to pave the streets of Montebello and (2) to appoint himself and Mayor Pro Tem Peralta assigned to this Ad Hoc and come back to Council with a report that was developed with staff. Torres and Peralta reiterated their interest in being appointed.

Councilmember Jimenez asked if there could be a rotation on the committee. Mayor Torres noted there will be a chance to serve on this committee during the next rotation in January 2024. Mayor Torres entertained a motion that his two recommendations be approved, but there was no official motion and no second; Mayor Torres asked the City Clerk to take a roll call vote. Councilmembers Melendez and Jimenez voted in opposition. Mayor Torres, Mayor Pro Tem Perallta, and Councilmember Tamayo voted to approve the recommendations, but considering no official motion or second was given, the recommendations did not pass.

No items were pulled by the Council. Mayor Pro Tem Peralta motioned to approve Consent Items 7-11, Councilmember Jimenez seconded; motion was approved unanimously.

7. NORTH CONCOURSE AVENUE STREET IMPROVEMENT PROJECT (CP NO. 880) – NOTICE OF

COMPLETION

RECOMMENDATION: It is recommended that the City Council:

1. Accept the North Concourse Avenue Street Improvement Project (CP No. 880), as completed by All American Asphalt; and

2. Find that the requested “Changes in Work” for the project (Attachment A) have no significant effect on the environment and approve the changes in the aggregate amount of $214,621; the final contract amount with All American Asphalt is $435,854; and

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

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

5. Authorize the City Manager to release the retention payment due to All American Asphalt following the mandatory waiting period from the date the Notice of Completion is recorded; and

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

Approved unanimously.

DRAFT

Page 404 of 488 ends

February 22, 2023: City Council and Successor Agency Meeting Minutes

Page 6 of 7 ends

8. ADOPT RESOLUTION NO. 23-14 APPROVING PURCHASE AND SALE AGREEMENT NO. 4077 FOR THE PROPOSED DISPOSITION OF REAL PROPERTY LOCATED AT 5055 PASSONS BOULEVARD, PICO RIVERA, CA 90660 (LOS ANGELES COUNTY ASSESSOR’S PARCEL NO. 6377-007-270) AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AND SALE AGREEMENT ON BEHALF

OF THE CITY OF MONTEBELLO

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-14 approving the disposition of real property, approving the material terms of Purchase and Sale Agreement No. 4077 (attached here in substantial form) authorizing the sale of the Property to the City of Pico Rivera, and authorizing the City Attorney and the City Manager (and/or designee), to finalize negotiations and the agreement (with the exception of any material changes), leading up to the execution of all documents related to said agreement.

Approved unanimously.

9. AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP NO. 23-8) FOR A COMPUTER-AIDED

DISPATCH/AUTOMATIC VEHICLE LOCATION SYSTEM

RECOMMENDATION: It is recommended that the City Council:

1. Approve issuing a Computer-Aided Dispatch/Automatic Vehicle Location System Request for Proposal, No. 23-8 (RFP No. 23-8); and

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

Approved unanimously.

10. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-15 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED FEBRUARY 22, 2023

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-15 approving the Warrant Register dated February 22, 2023.

Approved unanimously.

11. APPROVAL OF MINUTES: NOVEMBER 10, 2022 SPECIAL CITY COUNCIL AND PUBLIC FINANCING AUTHORITY MEETING; DECEMBER 14, 2022 CITY COUNCIL AND PUBLIC FINANCING AUTHORITY MEETING; DECEMBER 21, 2022 CITY COUNCIL AND PUBLIC FINANCING AUTHORITY ADJOURNED MEETING; AND DECEMBER 21, 2022 SPECIAL CITY COUNCIL MEETING.

RECOMMENDATION: It is recommended that the City Council:

1. Approve minutes as is.

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).

Councilmember Melendez provided a brief report on his attendance to the ICA Conference.

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

• Georgina Tamayo, Councilmember

• Angie M. Jimenez, Councilmember
DRAFT

Page 405 of 488 ends

February 22, 2023: City Council and Successor Agency Meeting Minutes

Page 7 of 7 ends

• David N. Torres, Mayor

1. San Gabriel Valley COG Alameda Corridor East project update and town halls.

2. Request for council consensus to establish a policy for quarterly reports on contracts entered into using authority granted by the City Manager.

3. Request for council consensus to establish a policy for responding to resident questions on social media.

4. Request for council consensus to receive a memo on the status of fiber internet in Montebello.

5. Request for council consensus directing staff to research the feasibility and implementation of an equitable annual speed hump program.

1. Mayor Torres gave an update on Council Oral Item No. 1.

2. Mayor Torres requested consensus on Council Oral Item No. 2; received consensus 4-0, Councilmember Jimenez was absent during that time.

3. For Council Oral No. 3, he asked for consensus to direct staff to report on what staffing it would take to respond to questions on social media posts during business hours. He also added to direct staff to create a policy on how to respond to social media comments and questions. Assistant City Manager Salazar asked for an Ad Hoc to see what the expectation is and to be cognizant of the challenges that may arise. Mayor Torres amended his motion to add to investigate the issues and that he and Mayor Pro Tem Peratla would work with staff to establish that policy and to bring it back; received consensus 4-0, Councilmember Jimenez was absent during that time.

4. Mayor Torres asked for consensus for his Council Oral Item No. 4; received consensus 4-0, Councilmember Jimenez was absent during that time.

5. Mayor Torres asked for consensus for his Council Oral Item No. 5. Assistant City Manager Salazar asked for consideration of traffic plan funding, state of the streets, and to assist staff in developing a budget that would be appropriate.

Mayor Torres noted that he is very open to budget consideration and the expertise of staff to suggest what would be the most appropriate. Consensus was received unanimously.
• Scarlet Peralta, Mayor Pro Tem

• Salvador Melendez, Councilmember

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on March 8, 2023 at 6:00 p.m. which can be live streamed at https://www.montebelloca.gov (Click on Live Stream).

I, Alicia Fernandez, Sr. Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Sunday, February 19, 2023 by 5:00 p.m.

Alicia Fernandez, Sr. Deputy City Clerk

Mayor Pro Tem Peralta motioned, seconded by Councilmember Tamayo to adjourn the meeting at 7:56 p.m.

THE MINUTES OF FEBRUARY 22, 2022 ARE HEREBY APPROVED AND ADOPTED ON THIS 26TH DAY OF APRIL 2023.

DRAFT

Page 406 of 488 ends

Page 407 of 488 ends

Page 408 of 488 ends

Page 409 of 488 ends

Page 410 of 488 ends

Page 411 of 488 ends

Page 412 of 488 ends

Page 413 of 488 ends

Page 414 of 488 ends

Page 415 of 488 ends

AMENDED AGENDA

CITY OF MONTEBELLO

REGULAR MEETING AGENDA

MINUTES

WEDNESDAY, MARCH 8, 2023 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES

CALL TO ORDER - 6:00 P.M.

Mayor Torres called the meeting to order at 6:02 p.m.

ROLL CALL

Members present were Mayor Torres, Mayor Pro Tem Peralta, Councilmember Jimenez, Councilmember Melendez, Councilmember Tamayo; Treasurer Matanga was also present. City Clerk Jimenez arrived at 6:49 p.m.

City Attorney Arnold Alvarez-Glasman, Assistant City Manager Arlene Salazar, Senior Deputy City Clerk Alicia Fernandez, Deputy City Clerk Kimberly Guillen, and all Department Directors were present.

ANNOUNCEMENT OF CLOSED SESSION ITEMS

PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, the public may submit a speaker card to the City Clerk staff for Closed Session items, prior to the beginning of this statement. Speakers will be called in the order received. 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 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 and City Council.

The City Clerk’s Office acknowledged fifteen (15) speaker cards submitted to the City’s public comment email address.

Said speaker cards and comments are on file at the City Clerk’s office.

Mayor Torres recessed the meeting into Closed Session at 6:50 p.m. to consider the following Closed Session items:

DRAFT

Page 416 of 488 ends

March 8, 2023: City Council Meeting Minutes Page 2 of 7

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

Mayor Torres recessed the meeting into Closed Session at 6:50 p.m. to consider the following Closed Session items:

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: City Manager

REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT

Mayor Torres reconvened the meeting at 7:07 p.m.

City Attorney Arnold Alvarez-Glasman stated that all five members were present to discuss all Closed Session items; no action was taken and there was nothing to report.

INVOCATION

Alejandra from Cali Translations led the City Council in the Invocation.

PLEDGE OF ALLEGIANCE

Mayor Torres led the City Council in the Pledge of Allegiance.

CORRECTIONS TO THE AGENDA - CITY MANAGER

None.

PUBLIC COMMENTS ON NON-AGENDA (30 MINUTES)
At this time, the public may submit speaker card(s) to the City Clerk staff, for both agenda and non-agenda items, prior to the beginning of this statement; Public Hearing items do not require a speaker card.

The City Council will address non-agenda items during this section and speakers will be called in the order received. Those persons not accommodated during this 30-minute period will have an opportunity to speaker under “Public Comments – Continued”, after all scheduled matters have been considered. Public Hearing, Regular Business and/or Consent Calendar items will be addressed at the time that matter of business is heard, in the order received.

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 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 and City Council.

The City Clerk’s Office acknowledged twelve (12) 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.

Mayor Pro Tem Peralta motioned to extend the public comment period past the 30 minute period, seconded by Councilmember Tamayo; motion was approved unanimously.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

None.

REGULAR BUSINESS

2. MONTEBELLO MUNICIPAL GOLF COURSE RENOVATION PROJECT PHASE 3 (CP NO. 894-3) –

AUTHORIZE NOTICE INVITING BIDS AND SPENDING PLAN
DRAFT

Page 417 of 488 ends

March 8, 2023: City Council Meeting Minutes Page 3 of 7

RECOMMENDATION: It is recommended that the City Council:

1. Select Option 1 (Permanent Clubhouse) or Option 2 (Temporary Clubhouse) for the Montebello Municipal Golf Course Renovation Project – Phase 3 (CP No. 897-3) and authorize the City Clerk to publish the applicable Notice Inviting Bids (Attachment A); and

2. Approve the updated Total Project Budget/Spending Plan (Attachment B) for the selected option; and

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

The City Clerk’s Office acknowledged one (1) speaker card. Said speaker card is on file at the City Clerk’s office.

Councilmember Tamayo asked a clarifying question regarding "Attachment 3"; Assistant City Manager Salazar clarified that the Attachment was on page 14 of the agenda packet. Mayor Pro Tem Peralta asked for clarification on staff's recommendation and provided her support for a permanent clubhouse and expressed her interest in the City Council supporting a dog park. Mayor Torres supported Peralta's dog park interest and asked staff to research that option. In addition, Mr. Torres recommended that instead of using general funds, that revenues from Home2Suites and other specific funds be used for this project. Additionally, he suggested that proceeds from San Gabriel Valley Water be used to cover overages and unanticipated expenditures. Director Enriquez clarified that there are no budget appropriation recommendations on this item at this time. He stated that this conversation will be considered once the item comes back with bids. Assistant City Manager Salazar clarified that the Home2Suite funds are a part of the general fund.

Furthermore, Councilmember Jimenez expressed her concerns about the location of the dog park, stating that there are neglected parks on the south side that need attention. Further, she asked about the funding for the dog park. Assistant City Manager Salazar stated that there is residual hotel money that can be used for the campus and the purpose of the dog park. Additionally, she noted that it is at the discretion of the Council on what the funds can be used for, since it all goes into the general fund. Mayor Pro Tem Peralta made a general comment that, despite districts, all open spaces should be supported so that all residents can enjoy them. Mayor Torres also voiced his concerns regarding the rhetoric of who gets what in what districts. He offered to sit down with Councilmember Jimenez to identify funding for her district.

The following motions were made:

Mayor Pro Tem Peralta motioned for a permanent club house; seconded by Councilmember Tamayo; the motion was approved unanimously.

Mayor Pro Tem Peralta motioned to receive the current budget recommendation but to have staff review and evaluate the comments made by the City Council to avoid using general funds and explore the use of hotel revenues and other resources, seconded by Councilmember Tamayo; the motion was approved unanimously.

Mayor Pro Tem Peralta motioned to direct staff to review and evaluate a dog park, seconded by Councilmember Tamayo; the motion was approved by the following vote:

MOVED: Peralta SECONDED: Tamayo APPROVED: 4-1-0-0
AYES: Tamayo, Peralta, Torres, Melendez
NOES: Jimenez
ABSTAIN: None
ABSENT: None

3. INTRODUCTION AND FIRST READING OF ORDINANCE NO. 2463 AMENDING SECTIONS 2.30.010 AND

2.30.130 OF THE MONTEBELLO MUNICIPAL CODE TO REINSTATE THE CIVIL SERVICE COMMISSION AND CHAPTER 2.44 OF THE MONTEBELLO MUNICIPAL CODE TO REINSTATE THE TRAFFIC AND

SAFETY COMMISSION

RECOMMENDATION: It is recommended that the City Council:

1. Introduce and conduct a first reading of Ordinance No. 2463, with waiver of a full reading, of an Ordinance amending Sections 2.30.010 and 2.30.130 of the Montebello Municipal Code to reinstate the Civil Service Commission and Chapter 2.44 of the Montebello Municipal Code to reinstate the Traffic and Safety Commission; and
DRAFT

Page 418 of 488 ends

March 8, 2023: City Council Meeting Minutes Page 4 of 7

2. Provide direction to bring this item back for a second reading and adoption at the next regular City Council meeting; and

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

The City Clerk’s Office acknowledged five (5) 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.

Assistant City Manager Salazar asked the City Council to reconsider this item as it would interfere with the City's recruitment process.

Mayor Pro Tem Peralta stated that since the Civil Service Commission was transformed into a Personnel Advisory Commission, it no longer addresses adverse actions, violations or employee relations issues and stated that the importance of reinstating this commission is to protect employees' rights and security of their jobs and to limit liability to the City. Human Resources Director, Nicholas Razo, clarified that grievances are still heard and there is a process for them to be heard. Councilmember Jimenez commended the Human Resources and Risk management team. She expressed her concerns if the Council were to move forward, stating it would be detrimental. She asked clarifying questions to the City Attorney regarding the language of the Ordinance. City Attorney Alvarez Glasman clarified that in 2017, his office addressed concerns regarding the municipal code on who has the right to certify the appointment list and, based upon the analysis, the personnel officer (City Manager), has the ability to certify the employee eligibility list and the Commission has the ability to hear appeals and challenges. He stated that he is not looking to change or alter the process, rather re-evaluate the long-standing language. Councilmember Melendez stated he has no issue with the Traffic Commission being reinstated. However, he does believe that reinstating the Civil Service Commission would pose a challenge and there are concerns/workforce challenges and that it would put public safety in jeopardy. He suggested a study session take place before the Council approves this item. Mayor Torres addressed comments in regards to this item and clarified that the Civil Service Commission is to serve as an oversight commission, and would not control the recruitment process nor would there be any delays in the hiring process. Furthermore, he explained that the City Manager is granted the authority to approve recruitment processes and ultimately, the City Manager retains authority and the Commission would just bring back valuable rights to the employees.

Director Razo addressed the Council in regards to how the Civil Service Commission would handle hearings; he noted there is already a long wait process and wanted to revisit the language on the Municipal Code.

Councilmember Melendez suggested a study session for this item or tabling it to have the City Attorney's office and staff have a deeper discussion. Councilmember Melendez motioned to reinstate the Traffic and Safety Commission and to have a study session for the Civil Service Commission, seconded by Councilmember Jimenez.

Mayor Pro Tem Peralta made a substitute motion to approve the recommendations as is, seconded by Mayor Torres; the motion was approved by the following vote:

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

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a Councilmember wishes to discuss, including any items the public submitted speaker cards for, 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.

Mayor Torres pulled Item No. 5 and 7 for discussion; Mayor Pro Tem Peralta motioned to approve Item No's. 4, 6, 8, and

9. It was seconded by Councilmember Melendez and the motion was approved unanimously.

During the discussion of Item No. 5, Mayor Torres noted he mistakenly pulled Item No. 5 when he meant to pull Item No.

4. City Attorney Alvarez Glasman asked for consideration to amend the motion to approve Items No. 5,6,8,9.

Councilmember Melendez motioned to approve Item No's. 5,6,8,9, seconded by Mayor Pro Tem Peralta; the motion was DRAFT

Page 419 of 488 ends

March 8, 2023: City Council Meeting Minutes Page 5 of 7

approved unanimously.

4. HYRAP STREETS PROJECT FISCAL YEAR 2022-23 (CP NO. 897) – NOTICE OF COMPLETION

RECOMMENDATION: It is recommended that the City Council:

1. Accept the HYRAP Street Project, Fiscal Year 2022-23 (CP No. 897) as completed by Manhole Adjusting Inc., and

2. Approve the recommended “Changes in Work” for the project in the amount of $311,343 (Attachment A); and

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

4. Amend the Fiscal Year 2022-23 budget by increasing appropriations by $61,602 in the Measure M Fund, Account No. 220-99-7116-100.897.30 (Measure M, Improvements Other Than Building, HYRAP Streets Project); and

5. Authorize the City Clerk to file the Notice of Completion with Los Angeles County Recorder (Attachment C) and authorize the City Manager to release the retention payment due to Manhole Adjusting, 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.

Mayor Torres pulled this item for clarification on the expenditures. Director Solorza was available to answer any questions.

Mayor Pro Tem Peralta motioned to approve the item as is; seconded by Councilmemeber Melendez; the motion was approved unanimously.

5. MONTEBELLO MUNICIPAL GOLF COURSE RENOVATION PROJECT (CP NO. 894) – ELECTRICAL

SWITCHGEAR PURCHASE ORDER

RECOMMENDATION: It is recommended that the City Council:

1. By a four-fifths vote of the City Council authorize the dispensing of a formal bidding procedure for the purchase of the electrical switchgear for the Montebello Municipal Golf Course Renovation Project (CP No. 894), in accordance with Montebello Municipal Code Chapter 3.20.050; and

2. Approve a contract with AAA Electrical Supply in the amount not-to-exceed $128,000 for the electrical switchgear and authorize the City Manager to execute the Purchase Order; and

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

Approved unanimously.

6. APPROVAL TO SUBMIT GRANT APPLICATION TO THE DEPARTMENT OF HEALTH AND HUMAN

SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION (SAMHSA)

RECOMMENDATION: It is recommended that the City Council:

1. Approve submission of an application for the Department of Health and Human Services' Substance Abuse and Mental Health Services Administration (SAMHSA) FY 2023 grant program; and

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

Approved unanimously.

7. APPROVAL TO SUBMIT APPLICATION FOR THE DEPARTMENT OF HOMELAND SECURITY (DHS) /

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)/ GRANT PROGRAMS DIRECTORATE (GPD) FISCAL YEAR 2022 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT

RECOMMENDATION: It is recommended that the City Council:

1. Approve submission of an application to the Department of Homeland Security (DHS) / Federal Emergency Management Agency (FEMA)/ Grant Programs Directorate (GPD) Fiscal Year 2022 Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program; and

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

DRAFT

Page 420 of 488 ends

March 8, 2023: City Council Meeting Minutes Page 6 of 7

Mayor Torres pulled this item to ask a clarifying question regarding the eligibility of the grant requirements. Chief Peleaz stated that he consultated with professional grant writers and based on the professionals they deemed they would qualify for the grant.

Mayor Pro Tem Peralta motioned to approve the item; seconded by Councilmember Melendez; the motion was approved unanimously.

8. ADOPT RESOLUTION NO. 23-21 APPROVING THE FEMA-4683-DR-CA: CALIFORNIA EMERGENCY

DECLARATION SEVERE WINTER STORMS, FLOODING, LANDSLIDES, AND MUDSLIDES PROGRAM (STAFF REPORT AND SUPPORTING DOCUMENTS WILL BE INCLUDED AS PART OF THIS AGENDA

BEFORE THE MEETING)

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-21, approving the FEMA-4683-DR-CA: California Emergency Declaration Severe Winter Storms, Flooding, Landslides, and Mudslides Program; and

2. Authorize Staff to Conduct Cost Recovery Processes on behalf of the City and to submit any subsequent documents and forms to facilitate any cost recovery; and

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

Approved unanimously.

9. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-20 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED MARCH 8, 2023

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-20 approving the Warrant Register dated March 8, 2023.

Approved unanimously.

PUBLIC COMMENTS - CONTINUED

None.

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).

None.

COUNCIL/AGENCY ORALS
Council member announcements and requests for future agenda items.

• Georgina Tamayo, Councilmember

• Scarlet Peralta, Mayor Pro Tem

1. (A) Receive Council consensus to host A Celebration of Children with Special Needs Annual Event; (B) Direct staff to present to council on how to explore expanded funding for adaptive youth sports and or the development of a STAR (Special Time for Adaptive Recreation) Program.

2. Receive Council consensus to implement an engaging community budgeting process model that includes community surveys, community budgeting conversation sessions, etc.

3. Women’s History Month and Celebrating Montebello’s Favorite Women-Owned Businesses.

Nominate an inspiring female business owner at scarletmtb.com/nominate.

4. Mayor Pro Tem Scarlet Peralta’s Adopt a Furry Friend Sponsorship Fund. Submit an interest form at scarletmtb.com/adopt.

DRAFT

Page 421 of 488 ends

March 8, 2023: City Council Meeting Minutes Page 7 of 7

Mayor Pro Tem Peralta asked for consensus for Council Oral Item No. 1; consensus was received to host a celebration for children with special needs. Ms. Peralta also asked for consensus to direct staff to provide the Council on how they can expand the adaptive youth program, what staffing would be required, and the funding needed. Director Sosnowski provided a brief update on these programs that are being implemented and consensus was received. Mayor Pro Tem Peralta did not speak on Council Oral Item No. 2. For Council Oral No. 3, she acknowledged Women's History Month and encouraged nominations for women-owned businesses. Lastly, for Council Oral No. 4, she noted she would be sponsoring a Montebello family's pet adoption and, if interested, to submit a form. • Angie M. Jimenez, Councilmember

• Salvador Melendez, Councilmember
Councilmember Melendez invited the community and his colleagues to join him and Cal State Long Beach School of Social Work at the Montebello Senior Center on Saturday from 11-1pm for a mental health workshop. • David N. Torres, Mayor

CLOSED SESSION - CONTINUED

None.

ADJOURNMENT
The City of Montebello will adjourn to the next Special Meeting on March 13, 2023 at 6:00 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 Sunday, March 5, 2023, no later than 6:00 p.m.

Alicia Fernandez, Senior Deputy City Clerk

Mayor Pro Tem Peralta motioned, seconded by Councilmember Tamayo to adjourn the meeting at 9:35 p.m.

THE MINUTES OF MARCH 8, 2023 ARE HEREBY APPROVED AND ADOPTED ON THIS 26 TH DAY OF APRIL 2023.

DRAFT

Page 422 of 488 ends

Page 423 of 488 ends

Page 424 of 488 ends

Page 425 of 488 ends

Page 426 of 488 ends

Page 427 of 488 ends

Page 428 of 488 ends

Page 429 of 488 ends

Page 430 of 488 ends

Page 431 of 488 ends

Page 432 of 488 ends

Page 433 of 488 ends

Page 434 of 488 ends

Page 435 of 488 ends

Page 436 of 488 ends

Page 437 of 488 ends

Page 438 of 488 ends

Page 439 of 488 ends

CITY OF MONTEBELLO
PLEASE NOTE: A SEPARATE CARD MUST BE SUBMITTED FOR EACH TEM 3 - - - - Request No. ___ _

SPEAKER CARD
Please Note:

Public Comment/Speaker Card must be submitted to the City Clerk's Office prior to the statement of oral communications being read and/or 6:00 p.m., whichever is later.

TYPE OF COMMENT: Closed Session □ Non-Agenda Item ,t AGENDA IT EM NO. ___ _ Opposed D In Support D Neutral D TOPIC: U,i:JJ-t:-�L Ct,-,,,,, m e,.r MEETING DATE: 3�- 1,.? TIME RECEIVED: ------
SPEAKER'S FU LL NAME: __ ___,:tl..___.f:-.......,....f_,_� _ ___,��(_M_�_�_t_2 __ _ PHONE: ______ _ (Optional)
ADDRESS:----------- ----------------------
(Optional)
ORGANIZATION REPRESENTED: _________________________ _
NOTES:-----------------------------------
ACCOMMODATIONS� _____ _______________________ _
TR ANSLATION NE EDED: No □ Yes□ Language: ___________________ _ RECEIVED BY STAFF: ___________ _

Page 440 of 488 ends

Page 441 of 488 ends

Page 442 of 488 ends

Page 443 of 488 ends

Page 444 of 488 ends

Page 445 of 488 ends

Page 446 of 488 ends

Page 447 of 488 ends

Page 448 of 488 ends

Page 449 of 488 ends

Page 450 of 488 ends

Page 451 of 488 ends

Page 452 of 488 ends

Page 453 of 488 ends

CITY OF MONTEBELLO

REGULAR MEETING

MINUTES

WEDNESDAY, MARCH 22, 2023 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES

CALL TO ORDER - 6:00 P.M.

Mayor Torres called the meeting to order at 6:01 p.m.

ROLL CALL

Members present were Mayor Torres, Mayor Pro Tem Peralta, Councilmember Melendez, and Councilmember Tamayo.

City Clerk Jimenez and Treasurer Matanga were also present. Councilmember Jimenez arrived during Closed Session at 7:19 p.m.

City Attorney Arnold Alvarez-Glasman, Assistant City Manager Arlene Salazar, Senior Deputy City Clerk Alicia Fernandez, Deputy City Clerk Kimberly Guillen, and all Department Directors were present.

ANNOUNCEMENT OF CLOSED SESSION ITEMS

City Attorney Alvarez-Glasman asked council to pull Closed Session Items No. 1 and 5 to be discussed at a later date.

Closed Session Items No. 2,3,4 will be addressed and only public comments on those items will be accepted.

The City Clerk’s Office acknowledged five (5) speaker cards submitted to the City Clerk's office. Said speaker cards are on file at the City Clerk’s office.

DRAFT

Page 454 of 488 ends

March 22, 2023: City Council Meeting Minutes Page 2 of 8

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

Mayor Torres recessed the meeting into Closed Session at 6:15 p.m. to consider the following Closed Session items, with the exception of Item No. 1 and 5 which were pulled from the agenda:

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Significant exposure to litigation in one matter related to a claim presented by Infrastructure Engineering

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(4)
Consideration of initiation of litigation in one case

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
a. Concerned Residents v. City of Montebello – Los Angeles Superior Court Case No. 23STCP00290 b. Neighbors for Elections Now v. City of Montebello – Los Angeles Superior Court Case No. 23STCV01567

4. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Negotiators: René Bobadilla, Nicholas Razo
Employee Groups: Various City employee groups, including but not limited to MPOA & MPMA

5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957(b)(1)
Title: City Manager

REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT

Mayor Torres reconvened the meeting at 7:20 p.m.

Item No. 1 and 5 were pulled.

All five members were present to discuss all Closed Session items (Councilmember Jimenez arrived at 6:19 p.m.) City Attorney Arnold Alvarez-Glasman provided the following report to City Council: A briefing was provided on Item No. 2 and the Council authorized filing litigation related to one matter; the action passed unanimously. A briefing was provided on Item No. 3, direction was provided but no action was taken and there was nothing to report. A briefing was provided on Item No. 4, direction was provided but no action was taken; however, this item will continue after the Consent Calendar.

INVOCATION

Senior Deputy City Clerk, Alicia Fernandez, led the City Council in the Invocation.

PLEDGE OF ALLEGIANCE

DRAFT

Page 455 of 488 ends

March 22, 2023: City Council Meeting Minutes Page 3 of 8

Staff Sergeant, Sharon Row, led the City Council in the Pledge of Allegiance.

CORRECTIONS TO THE AGENDA - CITY MANAGER

None.

CEREMONIAL ITEMS/PRESENTATIONS

6. RECOGNITION DANIEL CASTILLO-LALYRE FOR OUTSTANDING PERFORMANCE IN THE LOS ANGELES COUNTY OFFICE OF EDUCATION ACADEMIC DECATHLON 2023

Presented by Mayor Torres.

7. SGVCOG MONTEBELLO PROJECT UPDATE

Ricky Choi, Director of Government and Community Relations from SGVCOG, provided a PowerPoint presentation regarding the Montebello Corridor construction project update and was available to answer any questions.

Councilmember Jimenez suggested town hall meetings for the residents in the area and public outreach. Councilmember Melendez asked clarifying questions regarding the commencement of the project, and when outreach would begin.

Councilmember Tamayo expressed her excitement for this project and the collaboration with the SGVCOG. Mayor Pro Tem Peralta stated that this presentation was very helpful and covered a lot of the questions that residents may have and concurred with the Council's comments. Mayor Torres thanked the SGVCOG for their comprehensive presentation and stated that this answered a lot of the community's questions.

At this time, Mayor Torres asked to change the order of the agenda to discuss the Consent Calendar and receive the remaining presentations from MCAP and Police Services after the Consent Calendar.

8. MCAP QUARTERLY REPORT UPDATE

Chief Pelaez and Deputy Director Angelica Palmeros provided a PowerPoint to the City Council and were available to answer any questions.

The City Council commended the staff for the presentation and their on-going assistance with the program. Councilmember Melendez asked a clarifying question regarding the correlation with the increase in substance abuse; Mayor Pro Tem Peralta asked a clarifying question about whether a contact number is listed on the website; and the Mayor asked a clarifying question regarding what the transition looks like from Tiny Homes to stable housing. Director Palmeros addressed all the questions.

9. STATE OF POLICE SERVICES

Police Chief, Paul Espinosa, presented to Council a presentation on the state of Police services.

Councilmember Jimenez stated that she would like a satellite station on the south side and asked to meet with the Chief within the next couple weeks to discuss. Councilmember Melendez commended the Chief's efforts within his year of being Chief. Councilmember Tamayo thanked the Chief and stated that as Council she wants to work in partnership to grow the Police department. Mayor Pro Tem Peralta thanked the Chief for his presentation and expressed that it falls on the Council and the City as a whole that officers are paid appropriately and have the resources they need to do their job safely and as Council she would like to work on policies to ensure this.

10. WOMEN’S HISTORY MONTH

Presented by Mayor Torres.

11. COVID-19 MEMORIAL DAY, MARCH 6, 2023

Presented by Mayor Torres and proceeded with the General Public Comment section of the meeting.

DRAFT

Page 456 of 488 ends

March 22, 2023: City Council Meeting Minutes Page 4 of 8

PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
At this time, the public may submit speaker card(s) to the City Clerk staff, for both agenda and non-agenda items, prior to the beginning of this statement; Public Hearing items do not require a speaker card.

The City Council will address non-agenda items during this section and speakers will be called in the order received. Those persons not accommodated during this 30-minute period will have an opportunity to speak under “Public Comments – Continued”, after all scheduled matters have been considered. Public Hearing, Regular Business and/or Consent Calendar items will be addressed at the time that matter of business is heard, in the order received.

The City Clerk’s Office acknowledged fourteen (14) speaker cards submitted to the City Clerk's office. Said speaker cards are on file at the City Clerk’s office. Five (5) speakers were absent or did not appear when called.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

None.

REGULAR BUSINESS

12. RECEIVE AND FILE THE FISCAL YEAR 2021-22 ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR)

RECOMMENDATION: It is recommended that the City Council:

1. Receive and file the Fiscal Year 2021-22 Annual Comprehensive Financial Report (ACFR); and,

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

Mayor Pro Tem Peralta motioned to have this item be heard at the next meeting, seconded by Councilmember Jimenez; the motion was approved unanimously.

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a member wishes to discuss, including any items the public submitted speaker cards for, 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.

The Consent Calendar was addressed after Presentation Item No. 7.

City Attorney Alvarez-Glasman polled the Council. Mayor Pro Tem Peralta pulled Item No's. 13 and 18 and Mayor Torres pulled Item No's. 16, 18, and 21 for discussion.

It was motioned by Mayor Pro Tem Peralta to approve Item No's. 14, 15, 17, 19, 20, and 22, seconded by Councilmember Tamayo; the motion was approved unanimously. The speaker cards for Item No's. 13 and 18, including the pulled items, were addressed at this time. After all consent matters were addressed, Mayor Torres proceeded with Presentation Items No. 8-11.

13. SECOND READING AND ADOPTION OF ORDINANCE NO. 2463 AMENDING SECTIONS 2.30.010 AND

2.30.130 OF THE MONTEBELLO MUNICIPAL CODE TO REINSTATE THE CIVIL SERVICE COMMISSION AND CHAPTER 2.44 OF THE MONTEBELLO MUNICIPAL CODE TO REINSTATE THE TRAFFIC AND

SAFETY COMMISSION

RECOMMENDATION: It is recommended that the City Council:

1. Conduct a second reading and adopt Ordinance No. 2463, with waiver of a full reading, to amend Sections 2.30.010 and 2.30.130 of the Montebello Municipal Code to reinstate the Civil Service Commission and Chapter 2.44 of the Montebello Municipal Code to reinstate the Traffic and Safety Commission; and
DRAFT

Page 457 of 488 ends

March 22, 2023: City Council Meeting Minutes Page 5 of 8

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

The City Clerk’s Office acknowledged five (5) speaker cards submitted to the City Clerk's office. Said speaker cards are on file at the City Clerk’s office.

Mayor Pro Tem Peralta pulled this item for discussion to express her support and encouraged her colleagues to stand in solidarity in support of this item. Councilmember Jimenez stated that she stands in solidarity with all of the City of Montebello employees and mentioned the current practices that the City has established to support staff and expressed her opposition to reinstating the Commission. Mayor Torres expressed his disagreement with Councilmember Jimenez' comments. No further comments were made.

Mayor Pro Tem Peralta motioned to approve the item, seconded by Councilmember Tamayo; the motion was approved by the following vote:

MOVED: Peralta SECONDED: Tamayo APPROVED: 3-1-1-0
AYES: Tamayo, Peralta, Torres
NOES: Jimenez
ABSTAIN: Melendez
ABSENT: None

14. NOTICE OF COMPLETION – ANNUAL CONCRETE REPAIR PROGRAM CDBG PROJECT (FY 2020-21), CP NO. 885

RECOMMENDATION: It is recommended that the City Council:

1. Accept the Annual Concrete Repair Program, Community Development Bock Grant (CDBG) Project (CP No. 885), as completed by CT&T Concrete Paving Inc.; and

2. Approve recommended “Changes in Work” for the project (Attachment A) in the amount of $193,069; with the final contract amount with CT&T Concrete Paving, Inc. of $373,320; and

3. Approve the Final Total Project Budget and Expenditures including change orders (Attachment B); and

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

5. Authorize the City Manager to release the retention payment of $18,666 due to CT&T Concrete Paving Inc. following the mandatory waiting period from the date the Notice of Completion is recorded; and

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

The City Clerk’s Office acknowledged one (1) speaker card submitted to the City Clerk's office. Said speaker card is on file at the City Clerk’s office.

Mayor Pro Tem Peralta motioned to approve the item, seconded by Councilmember Tamayo; the motion was approved unanimously.

15. TOLA STREET PREFERENTIAL PARKING DISTRICT – SET PUBLIC HEARING DATE

RECOMMENDATION: It is recommended that the City Council:

1. Set the Public Hearing Date for the City Council meeting on April 10, 2023 to consider the designation of a Preferential Parking District; and

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

The City Clerk’s Office acknowledged one (1) speaker card submitted to the City Clerk's office. Said speaker card is on file at the City Clerk’s office.

Mayor Pro Tem Peralta motioned to approve the item, seconded by Councilmember Tamayo; the motion was approved unanimously.

16. AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP NO. 23-9) FOR AN ENVIRONMENTAL

ENGINEER TO CONDUCT A COMPREHENSIVE REVIEW OF THE BROWNFIELD AREA/CHAPIN ROAD DRAFT

Page 458 of 488 ends

March 22, 2023: City Council Meeting Minutes Page 6 of 8

LANDFILL AND PERFORM ADDITIONAL ANALYSIS AS NEEDED

RECOMMENDATION: It is recommended that the City Council:

1. Approve Issuing a Request for Proposals ("RFP") and authorize solicitation of proposals for a qualified Environmental Engineer or firm to conduct a comprehensive review of the Brownfield Area/Chapin Road Landfill and perform additional analysis as needed; and

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

Mayor Torres pulled this item for discussion and suggested that the Request for Proposals (RFP) be amended to remove reference to any individuals and the RFP to go out to engage in firms.

Mayor Torres motioned to approve the item as recommended, including the suggested amendment, seconded by Councilmember Jimenez; the motion was approved unanimously.

17. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4079 FOR PARKS AND RECREATION GUIDE PRODUCTION (RFP NO. 23-5) TO MCGREGOR SHOTT, INC.

RECOMMENDATION: It is recommended that the City Council:

1. Award Professional Services Agreement No. 4079 to McGregor Shott, Inc. in an amount not-to-exceed Thirty Thousand Dollars ($30,000) annually for Parks and Recreation Guide production; 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.

Mayor Pro Tem Peralta motioned to approve the item, seconded by Councilmember Tamayo; the motion was approved unanimously.

18. APPROVE A PROFESSIONAL SERVICES AGREEMENT, NO. 4080, WITH R&S OVERHEAD DOORS OF COMMERCE, INC., FOR PREVENTATIVE MAINTENANCE AND DOOR REPAIR SERVICES AT THE

TRANSPORTATION FACILITY

RECOMMENDATION: It is recommended that the City Council:

1. Approve Professional Services Agreement, No. 4080, with R&S Overhead Doors of Commerce, Inc. (R&S Overhead Doors), for a three-year (3) term, for a total not-to-exceed amount of Eighty-Five Thousand, Two Hundred and Seventy-Three Dollars ($85,273), for preventative maintenance and door repair services at the City of Montebello Transportation Facility; and

2. Authorize the City Manager and/or his designee to approve change orders for up to fifteen percent (15%) of the total agreement amount; and

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

Mayor Torres and Mayor Pro Tem Peralta pulled this item for discussion. Peralta asked a clarifying question regarding the bidding process. Director of Transportation, Adrianna Kendricks, stated that it was a formal bid process.

Councilmember Jimenez motioned to approve the item, seconded by Councilmember Melendez; the motion was approved unanimously.

19. ADOPT RESOLUTION NO. 23-22 AUTHORIZING THE CITY OF MONTEBELLO TO APPLY TO THE

FEDERAL TRANSIT ADMINISTRATION (FTA) FOR FUNDING TO PURCHASE ZERO-EMISSION BUSES

UNDER THE LOW OR NO EMISSION GRANT PROGRAM AND THE GRANTS FOR BUSES AND BUS

FACILITIES PROGRAM

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-22 authorizing the City of Montebello to apply to the Federal Transit Administration (FTA) for funding to purchase zero-emission buses under the Low or No Emission Grant Program (Low-No Program), in the amount of $6,925,000; and DRAFT

Page 459 of 488 ends

Montebello City CouncilApril 26, 2023

Montebello City Council
April 26, 2023