Montebello City Council
June 14, 2023

ITEM # 21

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Arlene Salazar, Assistant City Manager

BY: Joseph Palombi, Director of Planning & Community Development

SUBJECT: ADOPT RESOLUTION NO. 23-46 APPROVING AMENDMENT NO. 1 TO

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COMMERCIAL
FAÇADE PROGRAM GUIDELINES

DATE: June 14, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt Resolution No. 23-46 Approving Amendment No. 1 to Community Development Block Grant (CDBG) Commercial Façade Program Guidelines and finding that the approval of Amendment No. 1 is exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines and none of the exceptions under Section 15300.2 apply; and

2. Amend the Fiscal Year 2022-23 CDBG Commercial Façade Program Guidelines to reflect the revised guidelines for the extension of time to use approved funding, maximum amount of funding per application, and applicant contribution amount; and

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

FISCAL IMPACT:

This action will not result in any fiscal impact since the budget for this program was previously approved as part of the Annual Action Plan for Fiscal Year 2022-23.

BACKGROUND/DISCUSSION:

On August 23, 2022, the CDBG Funded Commercial Façade Guidelines were approved by the City Council in connection with the FY 2022-23 CDBG/HOME Annual Action Plan.

The Commercial Façade program guidelines that were approved on August 23, 2022 allocated grant funds up to $10,000 for businesses along the Whitter Blvd. corridor within

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 14, 2023

the City. These guidelines also required a 30% (thirty percent) contribution of the total grant amount from applicants for the application to be accepted.

After analyzing the low number of applications and receiving direction from the United States Department of Housing and Urban Development (“HUD”), staff requests approval from the City Council to amend the Commercial Façade Program Guidelines as follows:

• Increase the grant amount from $10,000 to a maximum of $25,000 per business; • Decrease the required contribution from 30% to 5% per business application; • Extend the deadline to use available funds from June 30, 2023 to December 31, 2023.

The proposed amendment is intended to increase the number of applications in an effort to expend available funds associated with this project as required by HUD. Additionally, staff is requesting that the time for applicants to apply for funding under the Commercial Façade Program be extended from June 30, 2023 to December 31, 2023.

Currently, there are two applications for funding under the Commercial Façade Program that have been received by the City. These applications relate to BLVD. Market and La Paloma Grill. The pending applications will be amended to reflect any revisions to the program guidelines as a result of the City Council’s action.

ENVIRONMENTAL:

The California Environmental Quality Act (Section 2100, et. seq. of the California Public Resources Code, hereafter “CEQA”) requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment” (State CEQA Guidelines Section 15378). The proposed Project is a project under CEQA.

Staff has reviewed the Projects to determine the required level of review under CEQA and has determined that the proposed Projects are exempt from CEQA under State CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). Section 15061(b)(3) of the State CEQA Guidelines states that an activity is covered by the commonsense exemption that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review and none of the exceptions to the exemptions under CEQA Guidelines Section 15300.2 apply. Nevertheless, it is important to note that specific projects/programs that qualify for funding under the proposed plan may be subject to environmental review prior to implementation.

ANALYSIS:

The following table provides a summary of proposed amendments to the Commercial

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 14, 2023

Façade Program Guidelines in comparison to existing guidelines:

DESCRIPTION ORIGINAL

GUIDELINES

PROPOSED AMENDMENT

Maximum amount
of Grant:
$10,000 $25,000
Required Applicant
Contribution:
$3,000 $1,250
Program Boundary: Whittier Blvd. Corridor
Businesses
All Business on Whittier Blvd. located in
an eligible Census Tract
Environmental
Review (Page 10)
None No work shall commence until the
Environmental Review Record has been
completed.

SUMMARY:

Following City Council action, the Commercial Façade Program will continue until all program funds have been expended.

ATTACHMENT(S)

1. Attachment A - Resolution 23-46_Commercial Facade Program

2. Attachment B_City of Montebello_Commercial Facade Guidelines_Amended (06- 05-2023)

NEXT STEPS:

ATTACHMENT A
RESOLUTION NO. 23-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, APPROVING THE AMENDMENT OF THE
FISCAL YEAR 2022 COMMUNITY BLOCK GRANT (CDBG)
COMRRTIVSL FAÇADE PROGRAM GUIDELINES

RECITALS
WHEREAS, the City of Montebello (“City”) has applied for and received Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds from the Government of the United States under Title I of the Housing and Community Development Act of 1974; and
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) is the federal agency that promulgates regulations and oversees the administration of the CDBG and HOME program; and
WHEREAS, the CDBG Commercial Façade Program Guidelines were approved by City Council on April 26, 2023 with the adoption of Resolution No. 22-26; and WHEREAS, the City Council approves and accepts Amendment No. 1 of the CDBG Commercial Façade Program Guidelines.

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

SECTION 1: The above recitals are true and correct and incorporated herein by reference.

SECTION 2: The City Council finds that the approval and ratification of Amendment No. 1 to the City’s FY 2022023 CDBG Commercial Façade Program Guidelines is exempt from CEQA under State CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) because it seen with certainty that there is no possibility that the amendment to the CDBG Commercial Façade Program Guidelines may have a significant effect on the environment and none of the exceptions to the exemptions under CEQA Guidelines Section 15300.2 apply.

SECTION 3. The City Council approves and ratifies the Amendment No. 1 to the City’s FY 2022-23 CDBG Commercial Façade Program Guidelines.

SECTION 4: The Assistant City Manager is hereby authorized to make all conforming modifications and edits and to execute all implementing documents required by HUD to amend program guidelines and such other ancillary documents reasonably necessary to effectuate the intent of this Resolution.

SECTION 5: That the City Clerk shall certify to the passage and approval of this resolution and it shall thereupon be in full force and effect.

RESOLUTION NO. 23-46

APPROVED AND ADOPTED THIS 14TH DAY OF JUNE 2023.
_______________________________
David N. Torres, Mayor
ATTEST:APPROVED AS TO FORM:

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

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 23-46 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 14 th day of June 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

ATTACHMENT B

CITY OF MONTEBELLO

COMMERCIAL FAÇADE

PROGRAM

GUIDELINES AND APPLICATION
(AMENDED JUNE 2023)

Planning and Community Development Department
1600 W. Beverly Blvd.

Montebello, CA 90640
(323)887-1200 Ext. 454

2 SECTION I ‐ OVERVIEW OF PROGRAM

A. Purpose, Goal and Objective of Program
The purpose of the Commercial Façade Program (the “Program”) is to enhance economic opportunities in the City of Montebello (“City”). The Program will provide financial assistance in the form of a grant to commercial property and/or business owners to make facade improvements to commercial buildings located on Whittier Blvd, within Low to moderate income areas, within the boundaries identified in the downtown Specific Plan in the City.

The goals and objectives of the Program are as follows:
• Facilitate commercial revitalization and enhance the character in the targeted area • Preserve and beautify the Low to Moderate Income (LMI) Areas in the City • Create a pleasant walkable environment through improvements to the visual aesthetics of commercial building facades.

The underlying objective of the Program is to assist in restoring, substantially beautifying, and/or enhancing the entire façade of a commercial building.

B. Source of Funds
Funding for the Program will derive from the Community Development Block Grant (CDBG). The funding allocation for this Program is based on annual allocations provided by the U.S. Department of Housing and Urban Development (“HUD”). The Program is intended to support and provide opportunity to eligible property owners for improvements to the appearance of existing commercial buildings with grant funding with a minimum of up to $25,000 per establishment.

The Program will only fund projects that significantly improve the visual appearance of the whole façade of the property from the street. Design and permit fees associated with the construction are also eligible projects costs.

C. Grant Matching Assistance
Funding assistance shall be available to eligible commercial property and/or business owners who meet the requirements for section I and II. The maximum grant award that will be awarded will vary based upon needed improvements. The applicant will be required to contribute 5% of the grant amount of personal funds towards the approved improvements of the building.

Grant funds may be used to pay for improvements of rehab work for the facade of a business. If the applicant withdraws his/her application for assistance or fails to implement the rehabilitation within 180 days after funds are used for payment of rehab services, the applicant shall be required to reimburse the City for all funds paid.

ATTACHMENT B

D. Program Requirements
Properties located on Whittier Blvd. (with frontage along Whittier Blvd.) are eligible to apply for available funding of the Program, if they are located in an eligible census tract.

* City of Montebello- Whittier Blvd. Commercial Façade Program Boundary

ATTACHMENT B

SECTION II – APPLICANT ELIGIBILITY REQUIREMENTS
A. Property Ownership
The applicant(s) must be either the current property owner(s) or the current business owner(s) (i.e. existing tenant) to be rehabilitated in order to be eligible for Program assistance. Business owner must obtain consent from current property owner. Individuals, partnerships, corporations, and other legal entities may apply for assistance. The existing grant deed must list all current owners of the property.

Property owner(s) shall be construed to be any person(s) or legal entity that holds title to the subject property. In the case of multiple ownership, the signature of each titleholder is required on all appropriate documents. The City will verify property ownership and require all persons currently on title to give written consent to all work proposed to be performed on the property prior to initiating such work.

If both the property owner and business owner (tenant) apply for participation in the Commercial Façade Improvement Program, the owner of the property will have priority over the business owner.

B. Program Limitations
If a building is occupied by one tenant occupant, the maximum number of applications is one per commercial façade.

C. Program Exclusions
The following businesses are not eligible to receive Program assistance: residential, residential rental buildings (apartments), unless connected to a mixed use building, home-based businesses, structures not facing the public right-of-way, banks, churches and other religious institutions.

D. Capacity
Property owners or current business owners must be of legal age and must have the capacity to enter into legal binding contracts.

E. Conflicts of Interest
No member of the City Council and any employee, official, or consultant who exercises any policy decision-making function about the program is eligible for program assistance.

SECTION III – PROPERTY ELIGIBILITY REQUIREMENTS

A. Eligible Commercial Properties
To be eligible for the Program assistance, the property to be rehabilitated must be located ON Whittier Blvd. in Montebello, within the Low to Moderate Income level Area, and meet the following requirements:

5 • Commercial building must be dilapidated or blighted • Business must be located in a CDBG eligible census tract • Business must serve low to moderate income clientele
• Storefront must be visible from the street
• Located on Whittier Blvd within Low to moderate area

B. Minimum Property Rehabilitation Standards
All work performed under the provisions of this Program shall meet all applicable standards contained in the City's adopted zoning ordinance, local building and safety codes. The City’s Municipal Code can be viewed on the City’s web site at: http://www.cityofmontebello.com C. Eligible Property Improvements
The City has determined that the program assistance may only be used for exterior rehabilitation items.

Such exterior improvements may include, but are not limited to:
• Exterior façade treatments (stucco, brick veneer, paint removal, etc.) • Awning, canopy, or other shade solution install
• Exterior painting of buildings visible from public right-of-way • Facade/brick cleaning
• Signage repair or replacement
• Exterior doors
• Window replacement
• Exterior lighting
• Landscaping related to exterior features
• Permanent exterior signage
The following improvements are ineligible under this program:
• Any improvements not visible from the public right-of-way or publicly owned space • Parking Lot resurfacing
• Nonvisible mechanical equipment screening
• Interior improvements/remodeling
• Temporary, portable, or non-permanent improvements
• New construction
• Business operations-related costs
• Property acquisition, debt refinancing, expansion of building area, or conversion of building use • Normal maintenance and repair
• HVAC repair/improvements
• Plumbing repairs/improvements
E. Design Restrictions
Only improvements made to the street-facing portion of the building are eligible. Improvements are not eligible if they are simply maintenance of the current façade.

6 Program assistance can also be used for Building and Health Code violations, seismic upgrades, and American with Disabilities Act (ADA) compliance requirements as identified by the City. Additionally, to participate in the Commercial Facade Improvement Program, all signage on the property to be rehabilitated must be brought up to conformance and maintained in conformance with the Sign Ordinance of the City.

SECTION IV ‐ PROGRAM PROCEDURES

A. Applicant Intake and Eligibility

1. Application and Required Documents
Applications are available at the Montebello City Hall or online at wwww.cityofmontebello.com. Each application must be completed in its entirety, signed, and submitted with all required documents as listed in the application, including a grant deed, signed proof of ownership or lease agreement.

Applications will be reviewed in the order in which they were received. The city will maintain a waiting list for all prospective participants. Incomplete applications will not be processed.

2. Review of application
All complete applications will be date stamped when received and processed in that order. Applications will be subject to review by the Director of Planning & Community Development and the Housing Manager. Application may be subject to additional review when applicable. The City Staff will evaluate the applications based on the program’s scoring criteria. Incomplete applications will not be processed until all requested information is submitted.

A notification letter will be sent to applicants concerning the approval or denial of the Application.

Eligible applicants will be contacted to enter into an agreement with the City and schedule a property inspection.

3. Matching Funds
The applicant will be required to submit a certified check payable to the City of Montebello to cover his/her contribution. The check will be deposited in an account for the project.

B. Property Inspection

1. Initial Inspection:

A site visit will be arranged between the Planning & Community Development Department and the property owner and/or business owner to undertake an inspection of the building and to develop specifications for the Program. Staff will inspect the property to ensure that the building meets code requirements for the exterior of the building.

2. Follow-Up Inspection:

If City Staff finds code violations during the initial inspection, the property owner and/or applicant will be required to correct those violations before continuing in the Program process. A follow-up inspection

7 will be arranged between City Staff and the property owner and/or business owner to ensure the property is up to code.

C. Contractor Selection

1. Procurement:

The City shall maintain a list of qualified contractors who have expressed interest in bidding on rehabilitation work and have been cleared by the State Contractors License Board and are not listed on the debarred, suspended or ineligible contractors list as per 24 CFR part 5. The City will coordinate with the property owner or business owner to obtain at least three (3) estimates from qualified contractors for each rehabilitation project. The property owner(s) or business owners shall be responsible for obtaining estimates for improvements. Estimates shall be submitted to the City in the prescribed form.

2. Selection
The applicant will make the final contractor selection from among three (3) qualified contractors who submit construction estimates. As required by HUD, the award of the contract will be awarded to the lowest responsive and responsible bidder. In case where the applicant desires to award the construction contract to an approved contractor other than the lowest responsible bidder, the City may set the amount of the award equal to the amount of the bid of the lowest responsible bidder. The applicant shall be responsible for any difference in the cost of construction.

3. Minimum limits of Insurance for Contractor
The Contractor shall, at its own expense, procure and maintain during the term of the contract each of the following:

General Liability
$1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability
$1,000,000 per accident for bodily injury and property damage.

Each policy of insurance shall:
• Be issued by a financially responsible insura nce company or companies admitted and authorized to do business in the State of California or which is approved in writing by the City.
• Name and list as additional insured the City, its officers and employees. • Specify that such insurance acts as primary insurance.

8 • Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days prior written notice to the City of Montebello such cancellation or material change."

4. Labor Compliance- Davis Bacon Requirements
In accordance with CDBG Program Entitlement Grant Regulations, Davis‐Bacon requirements apply to the rehabilitation of all commercial buildings and structures. All participating contractors must follow the requirements below:
• The Contractor must comply with the prevailing wage rates as determined by the State of California. Pursuant to the provisions of Section 1–3 of the Labor Code of the State of California, the City has obtained the ge neral prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of workman needed to execute this contract. These rates are available upon request. Contractor shall post a copy of such wage rates at the job site, and shall pay the adopted prevailing wage rates. The provisions of Section 1810 to 1815 of the Labor Code will be compiled with.

• All mechanics and laborers employed or working upon the site of the work in the construction or development of the project, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations under Copeland Act 29 CFR Part 3), the full amount due at time of payment computed as wage rates not less than those contained in the above determination, regarding of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. For the purpose of this clause, contributions made, or cost reasonably anticipated under section 1 (b) (2) of the Davis -Bacon Act on behalf of laborers or mechanics are cons idered wages paid to such laborers or mechanics, subjected to the provisions of 29 CFR 5.5. (a) (1) (iv). Also, for the purpose of this clause, regular contributions made, or cost incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

• The Contractor shall not require nor permit any laborer or mechanic in any work week in which he is employed on such work to work in excess of eight (8) hours in any calendar day or in excess of forty (40) hours in such work week unless such laborer or mechanic compensation at a rate not less than one and one-half ( 1 ½) times basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or in excess of forty (40) hours in such week, as the case may be.

• The Contractor shall submit weekly a copy of all certified payroll to the City. The copy shall be accompanied by a statement signed by the employer and his agent indication that the payroll is corrected and completed, that the wage rates contained therein are

9 not less than those determined by the Director of the Department of Industrial Relationship and that the classification set forth for each laborer or merchant conforms with the work he performed. The prime contractor shall be responsible for the submission of copies of the payroll of all subcontractors. The Contractor will make the records required under labor standards clauses of the Contractor available for inspection by authorized representatives of the City and Department of Labor and will permit such representative to review employees during working hours on the job. Contractors employing apprentices or trainees under approved programs shall include a notation on the first weekly certificate payroll submitted to the contracting agencies that their employment is pursuant to an approved program and shall identify the program. Payroll and basic records relationship thereto will be maintained by the Contractor while the work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the site of the work in the construction or development of the project.

• The Contractor shall insert in any subcontracts the required of thi s section and clause required any subcontractor to include these requirements in any lower tier subcontracts into which they may in turn be made.

5. Contractor Insurance/ License File

The City shall maintain a file for each contractor performing work p ursuant to the terms and conditions of this program. The file shall include the following information:

• Copies of the contractor's current liability and workers compensation insurance policies; • Copies of the contractor's current California Contractor's License; • All required Davis‐Bacon information and certifications; and • Copy of contractor’s City Business License.

Any contractor with an expired General Liability and/or Workers Compensation insurance or a valid state contractor's license shall be removed from the job until he/she is able to provide proof of current insurance and/or license. All contractors shall be required to obtain a City Business License prior to the issuance of a building permit.

6. Ineligible Contractors:
• In accordance with CDBG guidelines, the City and the applicant(s) shall agree not to award any contract for rehabilitation work, to be paid for in whole or impart with proceeds from the Program, to any contractor who does not have a valid state contractor’s license, who cannot produce sufficient evidence of current Worker’s Compensation and Liability Insurance coverage, or who is on the federal Housing and Urban Development's (HUD's) Debarred Contractor list. • All owner/builders, or any member of the applicant's family or extended family, are considered ineligible, regardless of credentials or license. Any ineligible contractor found working at the job site will be removed immediately, without compensation.

10 D. Award of Grant

1. Notification:

The City shall notify the selected contractor of the award of the grant award and shall establish date, time and place for the pre‐construction conference. The pre-construction conference will include City Staff, property/business owner(s) and contractor.

2. Agreement:

The contract, for the approved rehabilitation work shall be prepared by the City and shall be entered into between the property owner and the selected contractor.

3. Private Arrangements:

The City cautions the property/business owner and the contractor not to enter “side deals" for additional work or deviations from the approved scope of work.

4. Pre‐Construction Meeting:

Prior to construction, the City will arrange a pre-construction meeting which shall be attended by the contractor, the property/business owner(s), and representative City staff. The purpose of this meeting is to explain all applicable HUD requirement, explain all Program requirements and procedures, coordinate and schedule the work start date, and answer questions related to contract documents.

5. Start of Construction:

No work shall commence until the Environmental Review Record has been completed.

No work shall commence until a “Notice to Proceed” has been issued to the contractor, signed by the property/business owner(s) and the City.

In addition, no work shall commence until all required permits have been issued by the City’s Building and Safety Division.
• The contractor shall contact the Planning & Community Development Department to obtain all requirements for plan submittal to obtain building permits for the City’s Building and Safety Division. Plans will be reviewed by the City’s Building and Safety and Planning divisions. The contact information for the Development Services Department is as follows:

Planning and Community Development Department
1600 W. Beverly Blvd.

Montebello, CA 92870
Phone: (323)887-1200 Ext 454
Hours: Monday – Thursday, 7:30 a.m. – 5:30 p.m.

11 E. Contractor Payments:

1. Inspections
To ensure the integrity of the authorized work, the Housing Manager and or designated staff shall conduct site inspections prior to the issuance of progress payments and prepare detailed inspection reports which identify any deficiencies in a contractor's materials or workmanship. Only one (1) progress payment and the final payment will be processed. The Housing Manager shall make regular and/or unannounced inspections of work‐in‐progress to identify the quality of the work and assess owner satisfaction.

2. Payment Request Packages
The Contractor shall submit a progress payment request package to the City in the prescribed format:
• All requests shall be signed by the contractor, property/business owner(s), and the Housing Manger, certifying that the work has been satisfactorily completed. • All pertinent invoices, releases, certifications, list of subcontractors and material men, and copies of applicable permits shall be attached to the payment request. • Final payment request shall also include the property owner's certification of acceptance, Building and Safety Department sign‐ off, and a Notice of Completion. • Only one (1) progress payment request package shall be submitted to the City for approval.

Progress payments will be paid for 90% of the job costs. • The final payment for the 10% retention shall be paid 30 days after the Notice of Completion has been recorded.

F. Applicant Complaint Resolution Process
Complaints concerning the Program should first be made to the Program Administrator (Housing Manager). If unresolved to the satisfaction of the applicant, an appeal may be made, in writing, to the Assistant Director of Community Development Department, 1600 W. Beverly Blvd. Montebello, CA 90640.

The City will contact the property owner and attempt to resolve the problem. A written response will be made within ten (10) working days. If the problem cannot be resolved, it will be presented to the Director of the Community Development Department for review and consideration. The decision of the Director shall be final.

G. Applicant Responsibilities:

1. Property Maintenance
The property/business owner(s) is/are responsible for property maintenance during the rehabilitation work (contractor is responsible for keeping the property clean of all construction material). The property/business owner(s) is/are responsible for insuring that the rehabilitation work is not impeded because of their actions or the actions of their tenant(s). The City shall encourage the contractor and his/her employees to provide adequate pedestrian and property protection at the construction site.

2. Property Tax Bills

12 Current property tax bills for the subject property must be current. The property owner(s) is/are responsible for insuring that the property taxes are current. The City will verify that the property taxes for the property are current. If the property’s tax statement indicates a delinquency, at the time of the Program application, the City shall not proceed with grant processing until it is supplied with a Certificate of Redemption from the Los Angeles County Tax Assessor’s Office or other appropriate documentation of proof of payment.

3. Notice of Completion
The property/business owner(s) is/are responsible for scheduling a final job completed inspection with the City’s Building and Safety Division. The city will verify that the project received a passing final inspection. After all requirements have been met, the City will issue a Notice of Completion to the property/business owner(s).

SECTION VI: ADDITIONAL REQUIREMENTS
A. City of Montebello Business License
Applicants must have a current City of Montebello Business License to be eligible to apply for funding.

B. Fire and Flood Insurance Requirements
Applicants are obligated to carry sufficient fire insurance coverage on the subject property to be rehabilitated under the provisions of this Program. Prior to any grant assistance, minimum fire insurance coverage shall be provided in an amount which is equivalent to the value of the subject building or structure including the proposed rehabilitation improvements. Uninsured applicants must obtain coverage in the required amount prior to receiving grant assistance. Applicants in a "Flood Hazard Area" will be required to purchase flood hazard insurance.

C. Substitution of Contractor
In the event that the selected contractor shall fail or refuse to complete the work, in a professional and workman like manner, as set forth in the Rehabilitation Construction Contract, including its General Conditions and Standard Specifications, or fails to use due diligence in performing the required work, the applicant may terminate the Rehabilitation Construction Contract, upon providing a written notice to the City and Contractor. The City shall assist the applicant in completing the necessary termination document(s) as needed. No further rehabilitation is to commence until an agreement releasing the original contractor from his/her contractual obligations is on file with the City, and a new contract is signed between the substitute contractor and the property owner(s).

D. Non‐commencement by Original Contractor
The applicant shall notify the City in writing that the original selected contractor has failed to perform the rehabilitation work and the reason(s) why a substitute contractor has been requested. The applicant(s) shall obtain additional bids from contractors willing to perform the rehabilitation work. A new Rehabilitation Construction Contract, notice to proceed, and Waiver and Hold Harmless Agreement shall be prepared by the City and appropriately signed. The City shall inspect the job site and compile a

13 list of incomplete or unacceptable items to determine the extent of work to be completed by the substitute contractor. A meeting shall be held between the City, the applicant(s) and the original contractor to establish an amount and method of payment for any work which has been completed in accordance with the agreement. Funds withheld from the original contractor shall be identified. Lien releases and invoices from the original contractor and subcontractor(s) shall be provided. The City shall prepare a revised work write‐up, based upon the inspection findings, which shall contain only those items necessary to complete the job. The applicant(s) shall obtain bids from contractors willing to perform such work, and to the extent possible, ensure that the new contract does not exceed available grant funding. A new Rehabilitation Agreement and Notice to Proceed shall be prepared by the City and appropriately signed.

E. Maintenance Requirements
By accepting grant funds, the applicant (s)’ commits to properly maintain all improvements and to keep storefronts, as well as sides and back of buildings, clean and free of graffiti for a minimum of twenty (20) years at the property/business owner(s)’s expense. Any damage to the facade is to be repaired immediately by the applicant so that the building remains in good condition and positively contributes to the business area. On an ongoing basis, the applicant is required to touch-up painted areas and perform any other repairs needed to maintain building appearance including the annual cleaning of awnings (if applicable) at the property/business owner(s)’s expense.

SECTION VII – AMENDMENTS
Amendments to these guidelines may be made from time to time by the city. Vested authority shall be granted to the Director of Planning and Community Development Department or his/her designee to grant a minor waiver or make minor amendments to these guidelines, except for Federal regulations.

ITEM # 22

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Arlene Salazar, Assistant City Manager

BY: Joseph Palombi, Director of Planning & Community Development

SUBJECT: CONSIDERATION OF RESOLUTION NO. 23-39 TO VACATE AND

TERMINATE AN IRREVOCABLE OFFER OF DEDICATION FOR

HABITAT RESERVE

DATE: June 14, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt Resolution No. 23-39 vacating and terminating an Irrevocable Offer of Dedication (“IOD”) from Sentinel Peak Resources California, LLC (“Sentinel”) to the City of Montebello in connection with the Montebello Hills habitat reserve having Instrument No. 20191405603 dated December 17, 2019; and

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

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

BACKGROUND/DISCUSSION:

In 2015, the City of Montebello approved the development of up to 1,200 residential units, public parks, hiking trails, and other related amenities (the “Montebello Hills Project”). As part of the Montebello Hills Project entitlements, Sentinel was required to dedicate land for the perseveration of habitat for the California Gnatcatcher (“Habitat Reserve”).

Per the requirements of United States Fish & Wildlife Service’s (“USFWS”) and the Montebello Hills Project Specific Plan, a conservation easement is to be created establishing the Habitat Reserve area along with the establishment of an endowment fund to pay for the management and maintenance of the Habitat Reserve in perpetuity.

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 14, 2023

No development is permitted in the Habitat Reserve.

In December 2019, Sentinel granted the IOD and formally offered the Habitat Reserve land to the City, subject to the USFWS requirements that it be used for the Gnatcatcher habitat. The Habitat Reserve land is currently owned by Sentinel. At this time, the City has not accepted the IOD.

Recently, Sentinel and the Montebello Hills Project developer Toll Brothers (“Toll”) have informed the City that the USFWS have inquired as to the status and timing of the City’s decision regarding the IOD and has requested that the City formally decline or accept the IOD because the City’s decision will inform how Sentinel and Toll proceed in order to meet USFWS’s deadlines pertaining to the transfer of the Habitat Reserve land and the recordation of the conservation easement. Should the City reject the IOD, Sentinel and Toll have already identified qualified, non-profit, public benefit organizations to serve as (i) the owner of Habitat Reserve and land manager and (ii) the grantee to the conservation easement.

ENVIRONMENTAL:

The vacation and termination of the IOD is exempt from the California Environmental Quality Act (“CEQA”) under the CEQA Guidelines Section 15061(b)(3), the common sense exemption, in that it can be seen with certainty that there is no possibility that it may have a significant effect on the environment.

ANALYSIS:

City staff in consultation with the City Attorney’s Office recommend that the City reject and vacate the IOD. Specifically, staff’s concerns with accepting the IOD are as follows:
• The Habitat Reserve area is located in an active oil field and has been the site for petroleum uses for decades. The full extent of the environmental conditions are difficult to know at this time. By accepting the IOD, the City would become the legal owner of the Habitat Reserve land and would be strictly liable under state and federal environmental laws for the cost of any potential remediation, if necessary.
• Notwithstanding this year’s higher rain totals, the long-term trend in Southern California is increasingly dry weather. The owner of the Habitat Reserve land could be legally liable for future wildfires along with costs and expenses for ongoing fire mitigation.
• Although an endowment fund will be established to maintain the Habitat Reserve, there remains the possibility that Habitat Reserve maintenance costs could exceed the available endowment fund revenues in the future, which would directly impact the City's General Fund by introducing a new, ongoing maintenance expense..

For the reasons listed above, City staff recommends the City Council reject, vacate, and terminate the IOD to allow Sentinel and Toll to select qualified non-profit, public benefit

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 14, 2023

organizations to serve as (i) the owner of Habitat Reserve and land manager and (ii) the grantee to the conservation easement.

To formally reject/decline the IOD, the City is required to vacate the IOD in accordance with the procedure set forth by Government Code section 7050 and Street and Highway Code section 8335. Under Government Code section 7050, the City may decline and terminate the IOD in the same manner as a summary vacation under section 8335 of the Street and Highway Code. Under section 8335, the City Council shall adopt a resolution of vacating and terminating the IOD. Following its adoption, a certified copy of the resolution shall be recorded in the County Recorder’s Office to complete the vacation of the IOD.

SUMMARY:

It is recommended that the City Council adopt the attached Resolution vacating and thereby terminating the IOD for the Habitat Reserve at the Montebello Hills Project site pursuant to Government Code section 7050 and Street and Highway Code section 8335.

ATTACHMENT(S)

1. Attachment A - Resolution No. 23-39_MTB Hills Resolution of Vacation - IOD

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RESOLUTION NO. 23-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, VACATING AND TERMINATING

IRREVOCABLE OFFER OF DEDICATION FOR HABITAT RESERVE
(INSTRUMENT NO. 20191405603)

RECITALS
WHEREAS, on December 17, 2019, the City of Montebello (“City”) was granted an Irrevocable Offer of Dedication (“IOD”) for habitat reserve open space in the Montebello Hills Project located in the City of Montebello, Los Angeles County, California and more particularly described and shown in Exhibit “A” attached hereto by Sentinel Peak Resources California, LLC, the owner of the site (“Sentinel”); and WHEREAS, this IOD was a required condition of the United States Fish and Wildlife Services for the approval of the Montebello Hills Project for a public purpose as a habitat reserve open space; and
WHEREAS, this IOD was granted to the City and recorded in the Official Records of the Los Angeles County Recorder’s Office as Instrument No. 20191405603 dated December 17, 2019; and
WHEREAS, the Sentinel and Toll Borthers (“Toll”) the developer of the Montebello Hills Project have identified third party non-governmental, non-profit, public benefit organizations that will hold the habitat land in fee and serve as grantee to the conservation easement; and
WHEREAS, the City is authorized to vacate IOD in accordance with the procedure set forth by Government Code section 7050 and Street and Highway Code section 8335; and
WHEREAS, the vacation of the IOD is consistent with the City’s adopted General Plan pursuant to Government Code section 65402; and
WHEREAS, the City Council finds that the IOD is unnecessary for present or future public use and that the vacation of such, as described herein; and WHEREAS, under Government Code section 7050, with the approval of the City Council, an IOD of real property for any public purpose, such as open space, may be terminated and the right to accept such offer abandoned in the same manner of a summary vacation of streets and highways; and
WHEREAS, Section 8335 of the Street and Highway Code requires, for a summary vacation, that the City Council adopt a resolution and cause a certified copy to be recorded with the county in which the real property is located; and

RESOLUTION NO. 23-39

WHEREAS, the City Council finds that the vacation and thereby termination and rejection of the IOD is exempt from the California Environmental Quality Act (“CEQA”) under the CEQA Guidelines Section 15061(b)(3), the common sense exemption, in that it can be seen with certainty that there is no possibility that it may have a significant effect on the environment; and
WHEREAS, as a result of the facts and findings mentioned herein, the City of Montebello wishes to vacate and thereby terminate and reject the IOD.

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

SECTION 1. The City Council after consideration of the staff presentation, discussion, and staff report, hereby finds that the above recitals are true and correct and incorporate them herein by this reference as part of the findings.

SECTION 2. The City Council finds that the vacation and thereby termination and rejection of the IOD is exempt from the California Environmental Quality Act (“CEQA”) under the CEQA Guidelines Section 15061(b)(3), the common sense exemption, in that it can be seen with certainty that there is no possibility that it may have a significant effect on the environment.

SECTION 4. The City Council further finds that from all the evidence submitted, the property described in the IOD is not necessary for present or prospective needs because fee title to the property described in the IOD will be transferred to a qualified third party non-governmental, non-profit, public benefit organization, and is consistent with the General Plan.

SECTION 5. The City Council further finds that it is not in the best interest of the City to accept the IOD where a third party non-governmental, non-profit, public benefit organization will take title of the property described in the IOD.

SECTION 6. As a result of the facts and findings mentioned herein, the City hereby vacates and terminates the IOD having Instrument No. 20191405603 dated December 17, 2019 for habitat reserve open space in the Montebello Hills Project site pursuant to Section 8335 of Chapter 4, Part 3, of Division 9 of the California Streets and Highways Code and Government Code Section 7050.

SECTION 7. The City Council further authorizes the City Manager or designee to execute any ancillary documents reasonably necessary to effectuate the intent of this Resolution.

SECTION 8. From and after the date of recordation of this Resolution, the IOD is deemed rejected and no longer constitutes an Irrevocable Offer of Dedication that the City may accept.

RESOLUTION NO. 23-39

SECTION 9. The City Clerk is hereby authorized and directed to record this Resolution declaring vacation of the subject reserve habitat open space in Exhibit A in the Office of the Los Angeles County Recorder.

APPROVED AND ADOPTED THIS 14TH DAY OF JUNE 2023.
_______________________________
David N. Torres, Mayor
ATTEST:APPROVED AS TO FORM:

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

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 23-39 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 14 th day of June 2023 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

DATE:

Christopher Jimenez, City Clerk
•EXHIBIT A - Legal Description and Depiction Of Irrevocable Of Dedication Property

EXHIBIT A

LEGAL DESCRIPTION AND DEPICTION OF

IRREVOCABLE OF DEDICATION PROPERTY

ITEM # 23

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Arlene Salazar, Assistant City Manager

BY: James Enriquez, Director of Public Works

SUBJECT: ADOPT RESOLUTION NO. 23-48 APPROVING THE ENGINEER’S REPORT FOR THE FISCAL YEAR 2023-24 ANNUAL NATASHA LANE

SEWER AND STORM WATER PUMP STATION ASSESSMENT
DISTRICT NO. 2005-2 AND SETTING A DATE FOR THE PUBLIC

HEARING

DATE: June 14, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt Resolution No. 23-48 (Attachment A) approving the Fiscal Year 2023-24 Engineer’s Report (Attachment B) for the Annual Natasha Lane Sewer and Storm Drain Pump Assessment District No. 2005-2 and setting a date for a Public Hearing for the regular meeting scheduled on July 26, 2023 at 6:00 pm; and

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

FISCAL IMPACT:

The costs associated with the maintenance and operations of the sewer and storm drain, including pump stations, will be funded with the FY 2023-24 Annual Assessment District No. 2005-2 (Account No. 265-99-330-3560.20 / 6040.45, Grants, Engineering, Natasha Lane Sewer Revenue/Expenditures). There will be no impact on the General Fund as all revenue collected and associated expenditures are recorded in the appropriate account in Fund 265.

BACKGROUND/DISCUSSION:

On May 24, 2023, the City Council approved Resolution No. 23-36 initiating proceedings for the FY 2023-24 levy of annual assessments to fund the maintenance and operation of the sewer and storm drain, including pump stations, for Natasha Lane.

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 14, 2023

Natasha Lane is a twenty-unit housing development, extending to the south from Whittier Boulevard and to the east of Bluff Road. As part of the development, sewer and storm water pump stations were installed to accommodate the operation of the sewer lines and storm water systems. The City is responsible for the operation and maintenance of these pumps stations.

The properties of this development benefiting from these improvements were assessed in FY 2022-23 and prior years. Continued assessment of the properties benefitting from these improvements is being proposed to offset the cost of maintenance and future replacement of the system.

The attached Resolution (Attachment A) establishes approval of the Engineer’s Report for Natasha Lane Sewer and Storm Water Pump Station Assessment District No. 2005- 2 and provides notice of the required public hearing concerning the levy of the proposed assessments.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

The City Council will consider the adoption of a Resolution approving the Engineer’s Report for the FY 2023-24 Annual Natasha Lane Sewer and Storm Water Pump Station Assessment District and set the required Public Hearing for 6:00 PM on July 26, 2023, in the City Council Chambers.

ATTACHMENT(S)

1. Attachment A - Resolution No. 23-48

2. Attachment B - Engineer's Report

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ATTACHMENT A
RESOLUTION NO. 23-48

RESOLUTION OF THE CITY OF MONTEBELLO APPROVING THE
ENGINEER’S ESTIMATE FOR THE FISCAL YEAR 2023-24 LEVY OF

ANNUAL ASSESSMENTS FOR SEWER AND STORM PUMP STATION

MAINTENANCE AND OPERATIONS FOR THE PROPERTIES LOCATED

ALONG NATASHA LANE AND SET A PUBLIC HEARING ON THE

PROPOSED LEVY OF ASSESMENTS, DETERMINING DURATION OF

SUCH ASSESSMENTS AND ANNUAL INCREASES IN THE AMOUNTS
THEREOF AND PROVIDING FOR ELECTION THEREON.

RECITALS
WHEREAS, the City Council (“City Council”) of the City of Montebello (“City”) has by Resolution No. 23-36 ordered the preparation of the Preliminary Engineer’s Report (“Report”) for the District known and designated as the Natasha Lane Sewer Pump Station and Storm Water Pump Station Assessment District No. 2005-2 of the City of Montebello (“District”), pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (“Act”), for the installation, operation, maintenance and servicing of sewer and storm drain pump stations and any appurtenant improvements as set forth in Section 22525 of the California Streets and Highways Code (“Improvements”); and WHEREAS, as ordered by the City Council, the City Engineer has filed with the City Clerk a report regarding the assessments to be levied and collected from the owners of assessable property within the District to pay the costs of the installation, operation, maintenance and servicing of the sewer pump station and the storm drain pump station, and any appurtenant improvements, and that report has been presented to and considered by the City Council; and
WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to Section 22587 of the Streets and Highways Code to, among other things, fix and give notice of the time and place of a public hearing on the formation of the proposed District and levy of assessments.

NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of Montebello as follows:

SECTION 1. Findings. The City Council of the City of Montebello finds that:
(a) The foregoing recitals are true and correct;
(b) The Engineer’s Report (the “Report”) contains all matters required by Sections 22565 through 22574 of the Streets and Highways Code and may, therefore, be approved by the City Council;

RESOLUTION NO. 23-48

(c) The assessments which are proposed to be levied on all parcels of assessable land within the Natasha Lane Sewer Pump Station and Storm Water Pump Station Assessment District are based on special benefits conferred upon each such parcel from the payment of the cost of the installation, operation, maintenance and servicing of the sewer and storm water pump station, and associated improvements; (d) The proportionate special benefit derived by each such parcel has been determined in relationship to the entirety of the capital cost of the installation, operation, maintenance, irrigation and servicing of street trees and landscaping, and appurtenant improvements; and
(e) The amount of the assessment which is proposed to be assessed on each such parcel is based upon and will not exceed the reasonable cost of the proportional special benefit conferred on that parcel.

SECTION 2. Intention. The City Council declares that it intends to levy assessments on all lots and parcels of assessable land proposed to be included in the Natasha Lane Sewer Pump Station and Storm Water Pump Station Assessment District of the City of Montebello, as set forth in the Report. Those assessments will be collected at the same time and in the same manner as the County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments.

SECTION 3. Improvements. The Improvements shall include the maintenance of the following:
(a) The maintenance of sewer and storm water pump stations and appurtenant improvements;
(b) The installation of construction of any facilities which are appurtenant to any improvements listed in (a) which are necessary or convenient for the maintenance or servicing thereof including, but not limited to pump equipment, piping, hoists and electrical facilities
SECTION 4. Formation of Assessment District. The distinctive designation of the proposed district is the Natasha Lane Sewer Pump Station and Storm Water Pump Station Assessment District of the City of Montebello. The boundaries of the territory included in the District are described and shown in the Report and the attached Exhibit.

The general location of the territory to be included in the District is Natasha Lane in the City of Montebello.

SECTION 5. Report and Assessments. The Report, which is on file with the City Clerk of the City Council, and which has been presented to the City Council at the meeting at which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the Improvements, the boundaries of Natasha Lane Sewer Pump Station and Storm Water Pump Station Assessment District and the proposed assessments upon assessable lots and parcels of land therein.

RESOLUTION NO. 23-48

SECTION 6. Duration of Assessments and Inflation Increases and Election Thereon. The assessments shall be levied on all parcels of assessable property within Natasha Lane Sewer Pump Station and Storm Water Pump Station Assessment District, as identified in the Report, so long as the assessments are necessary to finance the Improvements specified in Section 3 and the maintenance and servicing thereof and replacement costs at some future date. The annual amount of the assessment to be levied on each parcel of assessable property in the District in each fiscal year may be increased by the percentage increase in the Consumer Price Index – All Urban Consumers for the Los Angeles – Anaheim – Riverside Area; provided, however, that the amount of the assessment to be levied on any assessable parcel in any fiscal year shall not be increased by more than seven and one-half percent (7.5%), and the amount of the assessment to be levied on any parcel in any fiscal year shall not in any event exceed the actual total cost of the proportional special benefit conferred on that parcel.

SECTION 7. Hearing. The time and place of the public hearing required by Section 22587 through 22594 of the Streets and Highways Code concerning the levy of the proposed assessments is set for 6:00 p.m. on Wednesday, June 22, 2022 at the City of Montebello Council Chambers, located at 1600 W. Beverly Boulevard, Montebello, California, 90640.

SECTION 8. Notice of Hearing. The City Clerk is hereby authorized and directed to publish a copy of this Resolution in a newspaper of general circulation in said City. Said Publication shall be not less than ten (10) days before the date of said public hearing.

SECTION 9. For any and all information relating to the Procedures, protest procedures, documentation and/or information of procedure or technical nature, your attention is directed to the office listed below as designated:

James Enriquez, P.E.

Director of Public Works/City Engineer
City of Montebello
APPROVED AND ADOPTED this 14th day of June 2023.
_______________________________
David N. Torres, Mayor

RESOLUTION NO. 23-48

ATTEST:APPROVED AS TO FORM:

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

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 23-48 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 14 th day of June 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

CITY OF MONTEBELLO
ENGINEER’S REPORT
FOR

NATASHA LANE SEWER AND STORM WATER PUMP STATION
ASSESSMENT DISTRICT NO. 2005-2

For
FY 2023-2024

David Torres, Mayor

Scarlet Peralta, Mayor Pro Tem

Angie Jimenez, Councilmember

Salvador Melendez, Councilmember

Georgina Tamayo, Councilmember

Engineer’s Report
June 5, 2023

Prepared by the City of Montebello – Engineering Division

James Enriquez, P.E.

Director of Public Works / City Engineer

2 CITY OF MONTEBELLO
ENGINEER’S REPORT
FOR

NATASHA LANE SEWER AND STORM WATER PUMP STATION
ASSESSMENT DISTRICT NO. 2005-2
(FISCAL YEAR 2023-2024)

SECTION I: AUTHORITY FOR REPORT

This report is prepared pursuant to the provision of the Benefits Assessment Act of 1982.

Chapter 6.4 (commencing with Section 54703) of Part 1 of Division of Title 5 of the Government Code. The report for the maintenance and operation of the sewer pump station and storm water pump station benefits only the properties on Natasha Lane and covers the period July 1, 2023 thru June 30, 2024.

SECTION II: PLANS

The Plans showing the locations of the sewer and st orm water pump stations are illustrated herein as Exhibit A.

All of above mentioned items are on file in the Office of the City Clerk.

SECTION III: SPECIFICATIONS FOR MAINTENANCE

The sewer and storm water pump stations shall be ma intained in such a manner as to keep the systems in good working condition at all t imes. The installation or construction of any facilities parts, or systems associated to a ny improvements which are necessary or convenient for maintenance shall be initiated as required in a timely manner.

3 SECTION IV: PROJECT REVENUE & EXPENDITURES

FY 20 23-202 4 BEGINNING FUND BALANCE (ESTIMATED) ($23,11 8)

FY 20 23-202 4 PROJECTED REVENUE $17,696

TOTAL REVENUE AVAILABLE FOR FY 202 3-202 4 ($5,422 )

FY 20 23-202 4 PROJECTED EXPENDITURES
Maintenance and Operation Expenses
Contractual Services ( Flo -Services, Inc .)
$12,896
Administrative Cost s (Staff , Consultant and La County Fees ) $4,800 TOTAL EXPENDITURES $17,696

PROJECTED BALANCE (JUNE 30, 20 24)
FY 20 23-202 4 Revenue Available ($ 5,422 )
FY 20 23-202 4 Anticipated Expenditure s ($17,696)
ASSESSMENT DISTRICT RESERVE FUND BALANCE ($23,118 )

SECTION V: DIAGRAM

A Diagram showing the Assessor’s parcel number and the dimensions of each lot or parcel of land within the District is on file in the Office of the City Clerk.

SECTION VI: ASSESSMENT

The improvements are to be funded by the levying of assessments on the benefiting properties. The “Municipal Improvement Act of 1913” and Article XIIID of the State Constitution require that assessments must be based on the estimated special benefit for the properties from the improvements. In addition, Article XIIID, Section 4, of the State Constitution requires that a parcel’s assessment ma y not exceed the reasonable cost of the proportional special benefit conferred in the p arcel. It also requires that publicly owned property, (which benefit from the improvements) are to be assessed. Neither the Act nor the State Constitution specifies the method or formula that should be used to apportion the costs to properties in any special as sessment district proceedings. The responsibility for recommending the assessments per panel is an Apportionment Engineer, who is appointed for the purpose of makin g an analysis of the facts and determining the correct apportionment of the assess ment obligation. The City Engineer is hereby appointed as the Assessment Engineer.

4 All properties are assessed based on the Engineer’s Estimate. This estimate includes associated costs for each property based on property frontage along the street (Natasha Lane).

In order to apportion the assessment to each parcel in direct proportion with the special and direct benefit which it will receive from the i mprovements, an analysis has been completed and the respective street frontage of eac h benefiting parcel is used as the basis for apportioning costs to each property within the Assessment District as follows:

5 NATASHA LANE SEWER AND STORM WATER PUMP STATION
ASSESSMENT DISTRICT NO. 2005-2

ASSESSMENT ROLL

ASSESSMENT
NO.

BOOK PAGE PARCEL
NO.

FRONT

FOOTAGE
TOTAL
COST
1 6348 6 17 45.19 LF $ 964.63
2 6348 6 18 41 LF $ 875.19
3 6348 6 19 41 LF $ 875.19
4 6348 6 20 41 LF $ 875.19
5 6348 6 21 41 LF $ 875.19
6 6348 6 22 41 LF $ 875.19
7 6348 6 23 41 LF $ 875.19
8 6348 6 24 41.70 LF $ 890.14
9 6348 6 25 52 LF $ 1110
10 6348 6 26 45.27 LF $ 966.34
11 6348 6 29 40.60 LF $ 866.66
12 6348 6 30 40 LF $ 853.85
13 6348 6 31 40 LF $ 853.85
14 6348 6 32 40 LF $ 853.85
15 6348 6 33 40 LF $ 853.85
16 6348 6 34 40 LF $853.85
17 6348 6 35 40 LF $ 853.85
18 6348 6 36 40 LF $ 853.85
19 6348 6 37 40 LF $ 853.85
20 6348 6 38 38.24 LF $ 816.28

TOTAL: 829.00 LF $17,696

6 NATASHA LANE SEWER AND STORM WATER PUMP STATION
ASSESSMENT DISTRICT NO. 2005-2

NAME AND ADDRESS OF PROPERTY OWNERS

Assessor’s Parcel
No.

Property Address Property Owner and
Address
6348-006-017 101 Natasha Lane
Montebello, CA 90640
Angulo, Carlos & Delia
101 Natasha Lane
Montebello, CA 90640
6348-006-018 105 Natasha Lane
Montebello, CA 90640

Tang, Aaron Q
105 Natasha Lane
Montebello, CA 90640
6348-006-019 109 Natasha Lane
Montebello, CA 90640

Pozo, Julia
109 Natasha Lane
Montebello, CA 90640
6348-006-020 117 Natasha Lane
Montebello, CA 90640

Sangtani,Neetu
117 Natasha Lane
Montebello, CA 90640
6348-006-021 121 Natasha Lane
Montebello, CA 90640

Alvarez, Elsa
121 Natasha Lane
Montebello, CA 90640
6348-006-022 125 Natasha Lane
Montebello, CA 90640

Mac, Roger
125 Natasha Lane
Montebello, CA 90640
6348-006-023 129 Natasha Lane
Montebello, CA 90640

Perumean, Mark A.
1840 W Whittier Blvd #196
La Habra,CA 90631
6348-006-024 133 Natasha Lane
Montebello, CA 90640

Marroquin, Ericka Y.
133 Natasha Lane
Montebello, CA 90640
6348-006-025 137 Natasha Lane
Montebello, CA 90640

Minasian, Raffi
1000 W. Madison Ave
Montebello, CA 90640
6348-006-026 141 Natasha Lane
Montebello, CA 90640
Covarrubias, Carolina
141 Natasha Lane
Montebello, CA 90640

NATASHA LANE SEWER AND STORM WATER PUMP STATION

7 ASSESSMENT DISTRICT NO. 2005-2

NAME AND ADDRESS OF PROPERTY OWNERS

Assessor’s Parcel
No.

Property Address Property Owner and
Address
6348-006-029 136 Natasha Lane
Montebello, CA 90640

Nguyen, Sonny
136 Natasha Lane
Montebello, CA 90640
6348-006-030 132 Natasha Lane
Montebello, CA 90640

Hernandez, Rodel &
Rosemarie
132 Natasha Lane
Montebello, CA 90640
6348-006-031 128 Natasha Lane
Montebello, CA 90640

Li, Yee Lok
128 Natasha Lane
Montebello, CA 90640
6348-006-032 124 Natasha Lane
Montebello, CA 90640

Fragoso, Oscar
124 Natasha Lane
Montebello, CA 90640
6348-006-033 120 Natasha Lane
Montebello, CA 90640

Minasian, Raffi
1000 W. Madison Ave
Montebello, CA 90640
6348-006-034 116 Natasha Lane
Montebello, CA 90640

Minasian, Murad
336 N. 10
th Street
Montebello, CA 90640
6348-006-035 112 Natasha Lane
Montebello, CA 90640

Jimenez, Rosendo &
Consuelo
112 Natasha Lane
Montebello, CA 90640
6348-006-036 108 Natasha Lane
Montebello, CA 90640

Lopez, Gaspar Soria
108 Natasha Lane
Montebello, CA 90640
6348-006-037 104 Natasha Lane
Montebello, CA 90640

Perez, Raymond
104 Natasha Lane
Montebello, CA 90640
6348-006-038 100 Natasha Lane
Montebello, CA 90640
Ramirez, Oscar R., Jr
100 Natasha Lane
Montebello, CA 90640

8 NATASHA LANE SEWER AND STORM WATER PUMP STATION
ASSESSMENT DISTRICT NO. 2005-2

EXHIBIT “A”

BOUNDARY MAP

ITEM # 24

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Arlene Salazar, Assistant City Manager

BY: James Enriquez, Director of Public Works

SUBJECT: ADOPT RESOLUTION NO. 23-49 APPROVING THE ENGINEER’S REPORT FOR THE FISCAL YEAR 2023-24 ANNUAL NATASHA LANE
LANDSCAPE ASSESSMENT DISTRICT NO. 2005-1 AND SETTING A

DATE FOR THE PUBLIC HEARING

DATE: June 14, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt Resolution No. 23-49 (Attachment A) approving the Fiscal Year 2023-24 Engineer’s Report (Attachment B) for the Annual Natasha Lane Landscape Assessment District No. 2005-1 setting a date for the Public Hearing for the regular meeting scheduled on July 26, 2023 at 6:00 pm; and

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

FISCAL IMPACT:

The costs associated with the maintenance and operations of the landscaping for Natasha Lane will be funded with the Fiscal Year 2023-24 Annual Assessment District No. 2005-01 (Account No. 265-99-330-3560.10 / 6040.20, Grants, Engineering, Natasha Lane Landscape Revenue/Expenditures). There will be no impact to the General Fund as all revenue collected and associated expenditures are recorded in the appropriate account in Fund 265.

BACKGROUND/DISCUSSION:

On May 24, 2023, the City Council approved Resolution No. 23-35 initiating proceedings for the FY 2023-24 levy of annual assessments to fund landscape maintenance for the properties located on Natasha Lane.

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 14, 2023

Natasha Lane is a twenty-unit housing development, extending to the south from Whittier Boulevard and to the east of Bluff Road. As part of the development, new landscaping was installed within a storm drain easement at the southerly terminus, along frontage of the property facing Whittier Boulevard and along the rear portion of the property. The City is responsible for the maintenance of landscaping in these areas.

The properties of this development benefiting from these improvements were assessed in FY 2022-23 and prior years. Continued assessment of the properties benefitting from these improvements is being proposed to offset the cost of maintenance and future replacement of the system. The attached Resolution (Attachment A) establishes approval of the Engineer’s Report for Natasha Lane Landscape Assessment District No. 2005-1 and provides notice of the required public hearing concerning the levy of the proposed assessments.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

The City Council will consider the adoption of a Resolution approving the Engineer’s Report for the FY 2023-24 Annual Natasha Lane Landscape Assessment District and setting the required Public Hearing for 6:00 PM on July 26, 2023, in the City Council Chambers.

ATTACHMENT(S)

1. Attachment A - Resolution No. 23- 49

2. Attachment B - Engineer's Report

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ATTACHMENT A
RESOLUTION NO. 23-49

RESOLUTION OF THE CITY OF MONTEBELLO APPROVING THE
ENGINEER’S ESTIMATE FOR THE FISCAL YEAR 2023-24 LEVY OF

ANNUAL ASSESSMENTS FOR LANDSCAPE MAINTENANCE FOR THE

PROPERTIES LOCATED ALONG NATASHA LANE AND SET A PUBLIC

HEARING ON THE PROPOSED LEVY OF ASSESMENTS,

DETERMINING DURATION OF SUCH ASSESSMENTS AND ANNUAL

INCREASES IN THE AMOUNTS THEREOF AND PROVIDING FOR
ELECTION THEREON.

RECITALS
WHEREAS, the City Council (“City Council”) of the City of Montebello (“City”) has by Resolution No. 23-35, ordered the preparation of the Engineer’s Annual Levy Report (“Report”) for the District known and designated as the Natasha Lane Landscape Assessment District No. 2005-01 of the City of Montebello (“District”), pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (“Act”), for the installation, operation, maintenance and servicing of street lights, traffic signals, street trees, parkways, median islands, landscaping, parks, and any appurtenant improvements as set forth in Section 22525 of the California Streets and Highways Code (“Improvements”); and WHEREAS, as ordered by the City Council, the City Engineer has filed with the City Clerk a preliminary report regarding the assessments to be levied and collected from the owners of assessable property within the District to pay the costs of the installation, operation, maintenance and servicing of street trees and landscaping, and any appurtenant improvements, and that report has been presented to and considered by the City Council; and
WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to Section 22587 of the Streets and Highways Code to, among other things, fix and give notice of the time and place of a public hearing on the formation of the proposed District and levy of assessments.

NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of Montebello as follows:

SECTION 1. Findings. The City Council of the City of Montebello finds that:
(a) The foregoing recitals are true and correct;
(b) The Engineer’s Report (the “Report”) contains all matters required by Sections 22565 through 22574 of the Streets and Highways Code and may, therefore, be approved by the City Council;

RESOLUTION NO. 23-49

(c) The assessments which are proposed to be levied on all parcels of assessable land within Natasha Lane Landscape Assessment District are based on special benefit conferred upon each such parcel from the payment of the cost of the installation, operation, maintenance, irrigation and servicing of street trees and parkways, landscaping, and appurtenant improvements;
(d) The proportionate special benefit derived by each such parcel has been determined in relationship to the entirety of the capital cost of the installation, operation, maintenance, irrigation and servicing of street trees and landscaping, and appurtenant improvements; and
(e) The amount of the assessment which is proposed to be assessed on each such parcel is based upon and will not exceed the reasonable cost of the proportional special benefit conferred on that parcel.

SECTION 2. Intention. The City Council declares that it intends to levy assessments on all lots and parcels of assessable land proposed to be included in Natasha Lane Landscape District of the City of Montebello, as set forth in the Report.

Those assessments will be collected at the same time and in the same manner as the County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments.

SECTION 3. Improvements. The Improvements shall include the maintenance of the following:
(a) The maintenance of landscaping, including, but not limited to, street trees;
(b) The installation of construction of any facilities which are appurtenant to any improvements listed in (a) which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, planting, and electrical facilities; SECTION 4. Formation of Assessment District. The distinctive designation of the proposed district is Natasha Lane Landscape District in the City of Montebello. The boundaries of the territory to be included in the District are described and shown in the Report. The general location of the territory to be included in the District is Natasha Lane in the City of Montebello.

SECTION 5. Report and Assessments. The Report, which is on file with the City Clerk of the City Council, and which has been presented to the City Council at the meeting at which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the Improvements, the boundaries of Natasha Lane Landscape District and the proposed assessments upon assessable lots and parcels of land therein.

SECTION 6. Duration of Assessments and Inflation Increases and Election Thereon. The assessments shall be levied on all parcels of assessable property within Natasha Lane Landscape District as identified in the Report, so long as the assessments

RESOLUTION NO. 23-49

are necessary to finance the Improvements specified in Section 3 and the maintenance and servicing thereof. The annual amount of the assessment to be levied on each parcel of assessable property in the District in each fiscal year may be increased by the percentage increase in the Consumer Price Index – All Urban Consumers for the Los Angeles – Anaheim – Riverside Area; provided, however, that the amount of the assessment to be levied on any assessable parcel in any fiscal year shall not be increased by more than seven and one-half percent (7.5%), and the amount of the assessment to be levied on any parcel in any fiscal year shall not in any event exceed the actual total cost of the proportional special benefit conferred on that parcel.

SECTION 7. Hearing. The time and place of the public hearing required by Section 22587 through 22594 of the Streets and Highways Code concerning the levy of the proposed assessments is set for 6:00 p.m. on Wednesday, June 22, 2022 at the City of Montebello Council Chambers, located at 1600 W. Beverly Boulevard, Montebello, California, 90640.

SECTION 8. Notice of Hearing. The City Clerk is hereby authorized and directed to publish a copy of this Resolution in a newspaper of general circulation in said City. Said Publication shall be not less than ten (10) days before the date of said public hearing.

SECTION 9. For any and all information relating to the Procedures, protest procedures, documentation and/or information of procedure or technical nature, your attention is directed to the office listed below as designated:

James Enriquez, P.E.

Director of Public Works/City Engineer
City of Montebello
APPROVED AND ADOPTED this 14th day of June 2023.
_______________________________
David N. Torres, Mayor
ATTEST:APPROVED AS TO FORM:

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

RESOLUTION NO. 23-49

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 23-49 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 14 th day of June 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

CITY OF MONTEBELLO
ENGINEER’S REPORT
FOR

NATASHA LANE LANDSCAPE
ASSESSMENT DISTRICT NO. 2005-1

For
FY 2023-2024

David Torres, Mayor

Scarlet Peralta, Mayor Pro Tem

Angie Jimenez, Councilmember

Salvador Melendez, Councilmember

Georgina Tamayo, Councilmember

Engineer’s Report
June 5, 2023

Prepared by the City of Montebello – Engineering Division

James Enriquez, P.E.

Director of public Works / City Engineer

2 CITY OF MONTEBELLO
ENGINEER’S REPORT
FOR

NATASHA LANE LANDSCAPE
ASSESSMENT DISTRICT NO. 2005-1
(FISCAL YEAR 2023-2024)

SECTION I: AUTHORITY FOR REPORT

This report is prepared pursuant to the provisions of the Landscape and Lighting Act of 1972 (commencing with Section 22500) of Division 15 the Street and Highway Code for the maintenance of Public Landscaping that benefits only the properties on Natasha Lane. The report covers the period from July 1, 2023 through June 30, 2024.

SECTION II: PLANS

The Plans showing extent and location of landscape are illustrated herein by Exhibit A.

All of above mentioned items are on file in the Office of the City Clerk.

SECTION III: SPECIFICATIONS FOR MAINTENANCE

Landscaping maintenance shall consist of installing , cutting, pruning, trimming, fertilizing, irrigating and treating plants, shrubs, trees, ground cover and soil to provide a pleasing and attractive landscape within the public right-of-way and publicly-owned grounds. Dead plants, shrubs, trees and ground cover shall be replaced with new items as soon as practical. The irrigation system shall be operated and maintained to provide adequate watering for all plants, shrubs, trees and ground cover. Irrigation systems shall be installed as deemed appropriate by the City Engineer.

3 SECTION IV: PROJECT REVENUE & EXPENDITURES

FY 20 23-202 4 BEGINNING FUND BALANCE (ESTIMATED) $50,15 5

FY 20 23-202 4 PROJECTED REVENUE $1,200

TOTAL REVENUE AVAILABLE FOR FY 202 3-202 4 $51,355

FY 20 23-202 4 PROJECTED EXPENDITURES
Maintenance, Operation and Irrigation Expenses
Contractual Services ( Complete Landscaping Care Co. )
$15,556
Administrative Cost s (Staff , Consultant and La County Fees ) $ 4,800 TOTAL EXPENDITURES $20,356

PROJECTED BALANCE (JUNE 30, 20 24)
FY 20 23-202 4 Revenue Available $51,355
FY 2 023-202 4 Anticipated Expenditure s ($20,356 )
ASSESSMENT DISTRICT RESERVE FUND BALANCE $30,999

SECTION V: DIAGRAM

A Diagram showing the Assessor’s parcel number and the dimensions of each lot or parcel of land within the District is on file in the Office of the City Clerk.

SECTION VI: ASSESSMENT

The improvements are to be funded by the levying of assessments on the benefiting properties. The “Municipal Improvement Act of 1913” and Article XIIID of the State Constitution require that assessments must be based on the estimated special benefit for the properties from the improvements. In addit ion, Article XIIID, Section 4, of the State Constitution requires that a parcel’s assessm ent may not exceed the reasonable cost of the proportional special benefit conferred in the parcel. It also requires that publicly owned property, (which benefit from the im provements) are to be assessed.

Neither the Act nor the State Constitution specifies the method or formula that should be used to apportion the costs to properties in any special assessment district proceedings.

The responsibility for recommending the assessments per panel is an Apportionment Engineer, who is appointed for the purpose of makin g an analysis of the facts and determining the correct apportionment of the assess ment obligation The City Engineer is hereby appointed as the Apportionment Engineer.

4 All properties are assessed based on the Engineer’s Estimate. This estimate includes associated costs for each property based on propert y frontage along the street (Natasha Lane).

In order to apportion the assessment to each parcel in direct proportion with the special and direct benefit which it will receive from the i mprovements, an analysis has been completed and the respective street frontage of eac h benefiting parcel is used as the basis for apportioning costs to each property within the Assessment District as follows:

5 NATASHA LANE LANDSCAPE
ASSESSMENT DISTRICT NO. 2005-1

ASSESSMENT ROLL

ASSESSMENT
NO.

BOOK PAGE PARCEL
NO.

FRONT

FOOTAGE
TOTAL
COST
1 6348 6 17 45.19 LF $ 65.41
2 6348 6 18 41 LF $ 59.35
3 6348 6 19 41 LF $ 59.35
4 6348 6 20 41 LF $ 59.35
5 6348 6 21 41 LF $ 59.35
6 6348 6 22 41 LF $ 59.35
7 6348 6 23 41 LF $ 59.35
8 6348 6 24 41.70 LF $ 60.36
9 6348 6 25 52 LF $ 75.27
10 6348 6 26 45.27 LF $ 65.53
11 6348 6 29 40.60 LF $ 58.77
12 6348 6 30 40 LF $ 57.90
13 6348 6 31 40 LF $ 57.90
14 6348 6 32 40 LF $ 57.90
15 6348 6 33 40 LF $ 57.90
16 6348 6 34 40 LF $ 57.90
17 6348 6 35 40 LF $ 57.90
18 6348 6 36 40 LF $ 57.90
19 6348 6 37 40 LF $ 57.90
20 6348 6 38 38.24 LF $ 55.35

TOTAL: 829.00 LF $ 1,200

6 NATASHA LANE LANDSCAPE
ASSESSMENT DISTRICT NO. 2005-1

NAME AND ADDRESS OF PROPERTY OWNERS

Assessor’s Parcel
No.

Property Address Property Owner and
Address
6348-006-017 101 Natasha Lane
Montebello, CA 90640
Angulo, Carlos & Delia
101 Natasha Lane
Montebello, CA 90640
6348-006-018 105 Natasha Lane
Montebello, CA 90640

Tang, Aaron Q
105 Natasha Lane
Montebello, CA 90640
6348-006-019 109 Natasha Lane
Montebello, CA 90640

Pozo, Julia
109 Natasha Lane
Montebello, CA 90640
6348-006-020 117 Natasha Lane
Montebello, CA 90640

Sangtani,Neetu
117 Natasha Lane
Montebello, CA 90640
6348-006-021 121 Natasha Lane
Montebello, CA 90640

Santana, Shirley
121 Natasha Lane
Montebello, CA 90640
6348-006-022 125 Natasha Lane
Montebello, CA 90640

Mac, Roger
125 Natasha Lane
Montebello, CA 90640
6348-006-023 129 Natasha Lane
Montebello, CA 90640

Perumean, Mark A.
1840 W Whittier Blvd #196
La Habra,CA 9063 1
6348-006-024 133 Natasha Lane
Montebello, CA 90640

Marroquin, Ericka Y.
133 Natasha Lane
Montebello, CA 90640
6348-006-025 137 Natasha Lane
Montebello, CA 90640

Minasian, Raffi
1000 W. Madison Ave
Montebello, CA 90640
6348-006-026 141 Natasha Lane
Montebello, CA 90640
Covarrubias, Carolina
141 Natasha Lane
Montebello, CA 90640

7 NATASHA LANE LANDSCAPE
ASSESSMENT DISTRICT NO. 2005-1

NAME AND ADDRESS OF PROPERTY OWNERS

Assessor’s Parcel
No.

Property Address Property Owner and
Address
6348-006-029 136 Natasha Lane
Montebello, CA 90640

Nguyen, Sonny
136 Natasha Lane
Montebello, CA 90640
6348-006-030 132 Natasha Lane
Montebello, CA 90640

Hernandez, Rodel &
Rosemarie
132 Natasha Lane
Montebello, CA 90640
6348-006-031 128 Natasha Lane
Montebello, CA 90640

Li, Yee Lok
128 Natasha Lane
Montebello, CA 90640
6348-006-032 124 Natasha Lane
Montebello, CA 90640

Fragoso, Oscar
124 Natasha Lane
Montebello, CA 90640
6348-006-033 120 Natasha Lane
Montebello, CA 90640

Minasian, Raffi
1000 W. Madison Ave
Montebe llo, CA 90640
6348-006-034 116 Natasha Lane
Montebello, CA 90640

Minasian, Murad
336 N. 10
th Street
Montebello, CA 90640
6348-006-035 112 Natasha Lane
Montebello, CA 90640

Jimenez, Rosendo &
Consuelo
112 Natasha Lane
Montebello, CA 90640
6348-006-036 108 Natasha Lane
Montebello, CA 90640

Lopez, Gaspar Soria
108 Natasha Lane
Montebello, CA 90640
6348-006-037 104 Natasha Lane
Montebello, CA 90640

Perez, Raymond
104 Natasha Lane
Montebello, CA 90640
6348-006-038 100 Natasha Lane
Montebello, CA 90640
Ramirez, Oscar R., Jr
100 Natasha Lane
Montebello, CA 90640

8 NATASHA LANE LANDSCAPING
ASSESSMENT DISTRICT NO. 2005-1

EXHIBIT “A”

BOUNDARY MAP

ITEM # 25

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Arlene Salazar, Assistant City Manager

BY: James Enriquez, Director of Public Works

SUBJECT: MONTEBELLO MUNICIPAL GOLF COURSE RENOVATION PROJECT (CP NO. 894) – ARTIFICIAL TURF PURCHASE ORDER

DATE: June 14, 2023

RECOMMENDATION(S):

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 artificial turf material 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 Purchase Order with TrueTurf LLC in the amount not-to-exceed $76,176 for the artificial turf and authorize the City Manager to execute the Purchase Order; and

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

FISCAL IMPACT:

The previously authorized budget for the subject project includes funding for the proposed purchase order. No additional appropriations are recommended at this time.

BACKGROUND/DISCUSSION:

The Montebello Municipal Golf Course Renovation Project (“Project”) proposes to renovate a portion of the existing Montebello Municipal Golf Course property located south of Via Campo and northwest of Via San Clemente. The Project area is approximately 72.5 acres of the original golf course campus. The Project will replace the existing 18-hole golf course with a new and modern first-class championship golf course complex that will complement the adjacent Topgolf facility and existing hotels and Quiet Cannon event center. The project will include a new 9-hole championship golf course

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 14, 2023

with a new club house and putting green complex and a new 6-hole (9-hole at night) Par 3 golf course with lights.

The construction of the Golf Course Renovation Project is phased as follows:

• Phase 1 – Golf course rough site work construction (Civil Contractor) including rough grading, underground and utilities construction, pavement and concrete flatwork (Construction commenced November 2022);
• Phase 2 – Golf course construction (Golf Course Contractor) including finished grading, construction of golf course features (i.e. tee boxes, fairways, greens and sand traps), turf and landscaping (Construction commenced December 2022); and
• Phase 3 – Clubhouse construction (Notice Inviting Bids issued 6/1/2023).

The recommended purchase order with TrueTurf LLC is for the purchase of artificial turf material for outdoor event lawns that are part of Phase 3 of the project. The artificial turf material will be purchased by the City and provided to the contractor for installation.

ENVIRONMENTAL:

N/A

ANALYSIS:

Although the recommendation is for a sole-sourced purchase dispensing with formal bidding procedures in accordance MCC 3.20.050 with a four-fifths vote of the City Council, staff did informally contact multiple vendors and TrueTurf LLC provided the lowest price for the amount of turf required, that also met the project specifications and accelerated schedule. The event lawn is located immediately adjacent to the Quiet Cannon and will be the first item of work completed for Phase 3. Its unfinished condition continues to negatively impact the booking of events for the Quiet Cannon. The recommended purchase order will ensure the material is delivered prior to the anticipated Notice to Proceed (NTP) for the Phase 3 contractor, enabling the work to be completed in a timely manner. If the material is ordered after the NTP, completion of the event lawn will be delayed by an additional 3 months, at a minimum.

SUMMARY:

Upon approval by the City Council of the recommended actions, staff will execute the purchase order with TrueTurf LLC in order to schedule delivery of the material.

ATTACHMENT(S)

1. Attachment A - True Turf LLC Quote

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CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 14, 2023

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ITEM # 26

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Arlene Salazar, Assistant City Manager

BY: Fernando Pelaez, Fire Chief

SUBJECT: AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP NO. 23-13) FOR A MEDICAL DIRECTOR – EMERGENCY MEDICAL

SERVICES PROGRAM

DATE: June 14, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Authorize issuing a Request for Proposals (RFP) No. 23-13 for a Medical Director – Emergency Medical Services (EMS) Program; and

2. Authorize payment of invoices from Dr. Angelica Loza-Gomez for medical director services in an amount not to exceed $40,000; and

3. Authorize the use of up to $20,000 for additional medical director services;

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

FISCAL IMPACT:

Issuing an RFP for this service does not have a direct cost associated. At this point, the exact cost of services is unknown. Once the selection process is complete, staff will return to the City Council requesting approval of a professional services agreement per the Montebello Code Chapter 3.20 – Purchasing System guidelines. If necessary, any budget amendments will be made depending on the total cost of the services procured through the RFP process.

Staff requests authorization to pay outstanding invoices from Dr. Angelica Loza-Gomez (Dr. Loza-Gomez) totaling $ $38,271. The adopted Fiscal Year 2022 – 23 budget includes $40,000 in Account No. 100-85-860-6040.10 (General Fund, Fire, Suppression, Contract Services- Outside Contracts) for Medical Director services as mandated by the Los Angeles County Department of Health Services. Funds from the account will be used to pay the outstanding invoices in the current fiscal year .

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 14, 2023

Furthermore, City Council is requested to authorize the use of $20,000 during Fiscal Year 2023-24 for Medical Director services from Dr. Loza-Gomez while the RFP process is completed. It is anticipated that a new agreement will be established no later than the end of September 2023. If approved, funds will be budgeted as part of the annual budget process in the previously mentioned account.

BACKGROUND/DISCUSSION:

The Fire Department is an all-risk, all-hazard municipal Department that responds to fire, rescue, emergency medical, and hazardous materials for its community and neighboring agencies. During Calendar Year 2022, the Department responded to approximately 8,400 calls for service, of which 74 percent were Emergency Medical Services (EMS) related calls.

For the Department to provide these services, it must be compliant with regulations set forth by the Los Angeles County Department of Health Services. Reference Number 411, Provider Agency Medical Director requires services that enhance the quality of prehospital care by providing medical expertise in EMS and serves as a liaison between the EMS Agency Medical Director, hospitals, and other Provider Agency Medical Directors to ensure the delivery of safe and effective medical care. To provide this service, the Department contracts the services of a licensed medical professional. The most recent agreement for this service has terminated, and a RFP is required to identify a consultant.

While planning and developing the RFP, the Department continued to use the services of Dr. Loza-Gomez to serve as medical director. As a result, invoices totaling $38,271 have been accumulated and require payment. Furthermore, it is requested that City Council authorize the continued use of Dr. Loza-Gomez while the RFP process is completed. Allowing continued use will ensure the City can provide safe and compliant emergency medical services and reduce liability. It is anticipated that the RFP process will be completed by no later than September 30, 2023.

ENVIRONMENTAL:

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

ANALYSIS:

The RFP Scope of Work/Services will include various Medical Director services and will request the ability to provide program oversight and medical consultations. The

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 14, 2023

contractor will provide all labor costs associated with the scope of work. In making the award, the City will take into consideration the bidder’s experience, possession of a medical degree from an accredited institution, appropriate licenses/certificates, pricing, and knowledge of current EMS policies and procedures for Los Angeles County.

The Montebello Fire Department must satisfy the requirements of Health and Safety Code, Division 2.5, California Code of Regulations, Title 22 and other relevant governing codes required for EMS program compliance.

SUMMARY:

Staff recommends that the City Council authorize the issuance of an RFP for a Medical Director – Emergency Medical Services Program for the Fire Department. In addition, it is requested that City Council authorize staff to issue payments for outstanding invoices and authorize the continued use of services until the RFP process is complete and a successor professional services agreement is executed.

ATTACHMENT(S)

1. Attachment A - RFP 23 - 13 - Medical Director EMS (Draft)

NEXT STEPS:

N/A

1 C

ITY OF MONTEBELLO
Request for Proposals
RF
P No. 23 – 13
Medi
cal Director –
Emergency Medical Services Program
R
elease Date: Friday, May 26, 2023
Due Date: Thursday, June 29, 2023, at 11 a.m. PST

ATTACHMENT A

2

3 TO PROSPECTIVE PROPOSERS
The City of Montebello invites proposal submissions under this Request for Proposals (RFP). The City will evaluate responses to this solicitation to determine qualifications.

Submissions must adhere to the format and content described. Only proposals that adhere to the requirements will be evaluated. 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
May 26, 2023

THE PROJECT
Medical Director – Emergency Medical Services Program

OWNER/PROPOSAL CONTACT
City of Montebello – Fire Department
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Angelica Palmeros, Deputy Director
Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]

Any questions related to this RFP should be submitted via the City’s PlanetBids Portal by Wednesday, June 14, 2023, at 11:00 a.m. PST. Prospective vendors must register their business with PlanetBids before being able to view or submit a response. To access the City's PlanetBids Portal, please go to:

https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839

4 Table of Contents Page

1.0 Notice Inviting Proposals 5

2.0 Introduction/About the City of Montebello 6

3.0 Timeline 6

4.0 Purpose 6

5.0 Scope of Work 7

6.0 Proposal Submittal 10

7.0 Evaluation of Proposal 10

8.0 Proposal Protests 10

9.0 Execution of Agreement 12

10.0 Insurance 12

11.0 Use of Federal Funds 14

12.0 Non-Commitment of City 15

13.0 Labor Requirements 15

14.0 Records 16

15.0 Subcontractors 16

16.0 Modifications/Changes 16

17.0 Disclosure of Information 16

18.0 City of Montebello Rights 17

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

5 1.0 Notice Inviting Proposals
The City of Montebello is seeking proposals from qualified physicians to provide Medical Director Services for the Fire Department’s Emergency Medical Services (EMS) program. Services performed in relation to this request must follow the specifications, terms, and conditions identified in Request for Proposals (RFP) No. 23 – 13 .

Prospective respondents are advised to carefully read information related to this solicitation 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 with PlanetBids before being able to view or submit a response.

Questions must be submitted by Wednesday, June 14, 2023, at 11:00 a.m. PST.

***QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS****

Proposals must be submitted via PlanetBids by Thursday, June 29, 202 3, at 11:00 a.m. PST.

Responses to this request for proposals will be evaluated to determine the Consultant that is the most qualified and responsive to the requirements. Responses must adhere to the format and content described in the RFP.

6 2.0 Introduction
The City is seeking proposals for qualified consultants to provide services as a Medical Director for the Montebello Fire Department, as defined by the Los Angeles County Department of Health Services Policy Number 411. In general, the Medical Director will provide advice and coordinate the medical aspects of field care, oversight of all medications utilized by E mergency Medical Technicians (EMTs), and paramedics including controlled medications, and oversee the provider’s quality improvement process, as defined by the Los Angeles County Emergency Medical Services (EMS) Agency.

The MFD is an all- risk, all-hazard municipal department that responds to fire, rescue, emergency medical and hazardous materials to its community and neighboring agencies. During Calendar Year 2022, MFD responded to approximately 8,400 calls for service, of which, 74 percent were EMS calls.

Additionally, through its contract with UCLA, a dedica ted Nurse Educator currently works with the D epartment’s approximately 60 EMT -Basic and EMT -Paramedic personnel t o conduct on- site continuing education in prehospital and emergency medicine to maintain their certifications and licenses and assists in the a nnual Los Angeles County Department of Health Services’ onsite EMS audit.

About the City of Montebello
Montebello ("beautiful mountain" in Spanish and Italian) is a city in the County of Los Angeles. Founded in 1899 and incorporated in 1920, the City is an 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. 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.

3.0 Timeline
• Release RFP Friday, May 26, 2023
• Online Q&A Deadline Wednesday, June 14, 2023,11 a.m. PST • Deadline to Submit Responses Thursday, June 29, 2023, at 11 a.m. PST • City Review of Submissions Late June/Early July 2023 • Interviews TBD (If Necessary)
• Notifications Sent to Vendors Late July 2023
• Award Late July/Early August 2023

4.0 Purpose
The purpose of this RFP is to solicit proposal s from qualifie d Consultant to function as

7 the Medical Director for the MFD EMS program. The selected consultant will be an EMS Board-Certified Physician who will be designated to provide advice and coordinate the medical aspects of field care, provide oversight of all medications utilized by Emergency Medical Personnel , such as Certified Paramedics and EMTs; including controlled substances and medications, and oversee the provider’s quality improvement process, as defined by the Los Angeles County Emergency Medical Services (EMS) Agency.

5.0 Scope of Work/Services
The Montebello Fire Department is seeking a Medical Director specializing in Emergency Medical Services (EMS). The general responsibilities of the Medical Director will include, but are not limited to:

• Overseeing the Fire Department’s EMS Program
• Provide medical and program oversight
• Medical consultations
• Reviewing and evaluating administrative and patient care treatment procedures • Coordinating the medical aspects of emergency services and field care • Narcotic regulation oversight
• Maintaining active medical oversight of the EMS Quality Improvement (QI) and Continuous Quality Improvement (CQI) process
• Recommending, developing , implementing, and evaluat ing goals, objectives, policies, and procedures defined by the Los Angeles County Department of Public Health Services and other health-related programs such as the Montebello Community Assistance Program.

The Montebello Fire Department must satisfy the requirements of the Health and Safety Code, Division 2.5, Sections 1797.52, 1797.94, 1797.178, 1797.180, 1797.201 California Code of Regulations, Title 22, Sections 100166, 100167, 100169, 100400 and 100402 ; and any other relevant governing codes required for EMS program compliance.

General Requirements
Qualified consultants must meet the following minimum requirements to be eligible to be for consideration:

• Possess a California State Physician’s License and Surgeon’s Certificate issued by the Board of Medical Examiners of the State of California (in good standing, no current or pending disciplinary actions)
• Possession of a medical degree from an accredited institution • At least three (3) years of medical management experience, including supervisory experience

8 • At least two (2) years of experience providing EMS
• Knowledgeable of the current policies, procedures, and protocols of the Los Angeles County EMS Agency

The consultant selected through this solicitation will be expected to perform the following duties and tasks associate d with the Montebello Fire Department’s EMS program:

A. Medical Direction and Supervision of Patient Care
i) Advises the Montebello Fire Department in planning and evaluating the delivery of pre-hospital medical care by EMTs and paramedics. ii) Reviews and approves the medical content of al l EMS training performed by the provider agency and ensures compliance with continuing education requirements of the State and local EMS Agency.
iii) Reviews and approves the medical components of the departm ent dispatch system.
iv) Assists in the development of procedures to optimize patient care. v) Reviews and recommends to the EMS Agency Medical Director any new medical monitoring devices under consideration and ensures compliance with State and local regulations.
vi) Evaluate compliance with the legal documentation requirements of patient care.
vii) Participates in direct observation of field responses as needed. The Montebello Fire Department Medical Director may provide medical direction during a direct field observation in place of the b ase hospital under the following conditions:

(a) The Emergency Medical Technicians (EMTs), paramedics, and Montebello Fire Department's Medical Director on- scene must be employed by or contracted with the Montebello Fire Department. (b) If base contact has already been established, the Medical Di rector may assume the medical direction of patient care. The base hospital shall be informed that the Medical Director is on- scene. They are not required to accompany the patient to the hospital.
(c) EMS personnel shall document the involvement of the Medical Director on the EMS Report form when orders are given.
(d) The receiving hospital shall be notified of all patients whose field care is directed by the Montebello Fire Department Medical Director.

viii) Participates as needed with appropriate EMS committees and the local medical community. Attend at least fifty (50) percent of the Medical Advisory Council meetings, Los Angeles County Public Health Services EMS

9 meetings, or delegate a designee.

ix) The Fire Departmen t’s Medical Director will ensure t hat the department complies with the Los Angeles County EMS Agency’s controlled substance policies and procedures.

B. Audit and Evaluation of Patient Care

i) Assists the Montebello Fire Department in developing and implementing a continuous quality improvement program to ensure quality medical care.

Provides recommendations for training and operational changes based on quality improvement results.
ii) Evaluates the adherence of the Montebello Fire Department personnel to medical policies, procedures, and protocols of the Los Angeles County EMS Agency.
iii) Coordinates delivery and evaluation of patient care with base and receiving hospitals.

C. Investigation of Medical Care Issues

i) Reviews incidents with unusual or adverse patient outcom es, inadequate performance of EMS personnel, and complaints related to the delivery of medical care.
ii) Evaluates medical performance, gathers appropriate facts, and, as needed, forward those facts in writing to the Los Angeles County EMS Agency Medical Director.
iii) Ensures that appropri ate actions are taken in cases with patient care issues with adverse outcomes, e.g., training, counseling, etc.

D. Acknowledge/respond to the Montebello Fire Department’s consultation requests within a reasonable timeframe (preferably twenty-four (24) hours)

E. Notify the Montebello Fir e Departm ent’s designated point of contact of any extended absences and coordinate an approved medical designee to act on the Medical Director’s behalf

F. Comply with any additional requests from the Fire Chief or designee to meet the Montebello Fire Department’s legal obligations and requirements

G. Other general duties associated with the Montebello Fire Department’s EMS Program as assigned by the Fire Chief or designee

10 6.0 Proposal submittal
Please revi ew Appendix – A (Proposal Format and Content), attach ed hereto and incorporated herein by this reference, for specific details regarding the information that needs to be included in your submi ssion. 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. Consultants 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 City will establish an evaluation committee to review and rat e each proposal. The proposal evaluation process will be conducted using a multi -step method which will include the following steps:

A. Preliminary Proposal Review - The evaluation committee will review each submission to ensure adherence to the minimum/proposal format requirements.

B. Proposal Evaluation - In the second part of this process, the evaluation committee will review and rate proposals based on the following:

i. Qualifications as they relate to this project (70%)
a. Thoroughness and understanding of the tasks to be completed b. Background and experience in organizational analysis evaluation c. Knowledge of the City of Montebello and local needs
d. Experience of personnel assigned to the work
e. Communication Skills

ii. Reputation for integrity and competence (15%)
a. Positive Reference Checks

iii. Proposed fees for Service (15%)

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

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

A. T he 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 Finance for determination. Protest must be submitted to the Director of Finance by mail or e-mail within the specified time frame. Protests can be sent to:

Mail:

Michael Solorza, Director of Finance
City of Montebello
Attn: Department of Finance
1600 W. Beverly Blvd
Montebello, CA 90640

or

E-mail:
[email protected]

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

C. Where appropriate, the Ci ty will ho ld an informal conference on the merits of a protest with all interested parties allowed to attend. Interested parties may include all proposers, subcontractors, 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 b e unduly delay ed by failure to make the award promptly; or
• Failure to make a prompt award will otherwise cause undue harm to the City.

12 The City will respond in writing within ten (10) working days after receipt of a properly filed protest. The Director of Finance will respon d and include a response to each substantive issue raised in the protest.

After the exhaustion of administrative remed ies, the protesting party will be given the City’s final decision. The Director of Finance has the authority to decide on all protests.

Proposal Protest Procedures (After Proposal Opening/Post Award) A protest filed after a proposal opening must be fil ed within three (3) working days after the proposal opening date. The City will grant the protesting Consultant a fair rev iew 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 Consultant and returned wit hin the re quired insuranc e within ten (10) business days after the City has pr ovided written notice that the C onsultant has been awarded. Failure to execute the agreement and file acceptable insurance documents as provided herein shall cause, at the City's option, f or annulment of the award. Please review the insurance requirements and indemnifi cation clause in the attached sample agreement.

Should the successful Consultant decline to execute the agreement, the City can either reject all proposals, accept one of the other proposals, or issue a new solicitation.

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

A. Commercial General Liability
Commercial Ge neral 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 propert y damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury with limits no less t han $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 additi onal insureds on an endorsement equivalent to the Insurance Services Office, Inc. Form CG 20 10 11 85 of CG 20 26 1185.

13 B. Business Automobile Liability
For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form CA 00 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 Firm must submit a written request for a waiver of this requirement.

C. Professional Liability or Errors and Omissions
Depending on the w ork 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

Certificate of Insurance
The Certificate Holder must be listed as follows:

City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640

Endorsements (if requested)
In addition to the Certificate of Insurance, the vendor must prov ide the following endorsements:

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.

Cancellation notice endorsements. Each policy must be endorsed to c ertify that it will not be canceled or non-renewed by either party or reduced in coverage

14 or limits (except by paid claims) unless the insurer has provided the City with thirty (30) days pri or written notice of cancellation (ten (10) days for cancellation due to nonpayment of premium is acceptable).

Primary, non-contributory coverage endorsements. The general liability and professional liability (if required) polici es must be endorsed to pr ovide that each policy shall apply on a primary, non- contributing basis with any insurance or self - 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, involves the disc losure of proprietary inf ormation, and/or a public works project may require revisions to t he City's standard insurance requirements. Any revisi ons to the insurance requirements will be identified within the associated service contract terms and conditions.

Consultants may requ est a waiver or modification of these insurance requirements.

Waiver or modification requests must be submitted in writ ing. The request should state the specific insurance requirement that is being considered for waiver or modifica tion and provide 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 Use of Federal Funds
The City may elect to use funding from Federal sources for a portion of or all expenses related to this project. The United States Federal Government requires purchases of items and services to meet specifi c standards when using Federal funds, including grants, cooperative agreements, contracts, and Federal funds "passed- through" to the City from a non- Federal entity (i.e., sub- recipient agreements). These requirements are codified under the C ode of Federal Regulation's (CFR) Title 2, Subtitle A, Chapter II, Part 200 (also referred to as "2 CFR 200" or "Uniform Guidance") and the Federal Acquisition Regulations (FAR), as applicable.

The following standards apply to all purchases of items and services using Federal funds:

15 • Transactions shall be conducted lawfully and ethically • Unnecessary/duplicative purchases are not permitted
• Utilizing a vendor or supplier on the U.S. Federal Government's Debarred and Suspended List (available at SAM.gov) is prohibited
• All individuals involved in the expenditure of federal monies must avoid any actual or apparent conflict of interest
• Procurement transactions must be conducted in a manner providing full and open competition
• Opportunities should be provided to minority bus inesses, women's business enterprises, and labor surplus area firms when possible • Contracts and purchase orders should include the contract provisions required by 2 CFR 200 Appendix A
• Purchases of goods and services must include documentati on detailing th e procurement history

In addition to Federal standards, purchases must adhere to applicable local policies and procedures as defined in Montebello Municipal Code Chapters 3.20 and 3.21 and any relevant administrative policies. Th e most res trictive terms prevail when a conflict is present.

12.0 Non-Commitment of City
While the City intends to select a Consultant throu gh this process, this intention is subject to change at any time during the process. The City does not commit to awarding an agreement, p aying any costs incurred in preparing the proposal for this reques t, and/or procuring or contracting any items or services.

13.0 Labor Requirements

A. Background: All personnel engaged in the performance of this work shall be employees o f the Consultan t 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 shall not allo w any person(s) under the influence of alcohol or drugs on the pre mises or in the building. Neither shall the Consultant allow the use of or presence of alcohol or drugs on the premises or in the building.

C. Non-Discrimination: The Consultant 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.

16 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.

14.0 Records
The Consultant agrees to permit the City Manager or designee access to records, reports, files, and other papers or property of the Consultant to audit any performance aspect under this agreement.

15.0 Subcontractors
The Consultant shall be responsible for all work perfor med 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. All subcontractors used o n this work shall be under the direct supervision of the Consultant and shall be considered as their employees. Any approved subcontractors must provide insurance indemnifying the City with limits at or exceeding the limits of the Contractor's insurance.

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

17.0 Disclosure of Information
A. The Consultant agrees that it will not during or after the term of the agreement, disclose any propri etary inform ation or conf idential 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 the general public f or any reason or purpose whatsoever, without the prior written consent of the City. Such confi dential or proprietary information received by the Co nsultant shall be used exclusively in connection with the performance of services.

B. The Consultant 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 18.0 City of Montebello Rights
At 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, obscu re, irregular, or lacking necessary detail and specificity.
ii. The Consultant, in the sole judgm ent of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services. iii. The Consultant failed or neglected to complete and submit any information within the time specified by the City and as may be otherwise required herein.

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 estimat es 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 law permits.

Please review:

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

City of Montebello
Medical Director – Emergency Medical Services
RFP No. 23 – 13

Appendix A – Proposal Content and Format

Proposal Content
The Consultant 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. Letter of Interest - Please include a letter expressing your interest in being considered for the project. Include a st atement regarding the Consultant's availability to dedica te time, per sonnel, and resources to this effort. The letter of interest must include a commitment to the availability of the Consultant and all key project staff during the planning period and a proposed schedule designed to meet the City's needs for the project.

2. Project Understanding and Approach - Please include a statement demonstrating your understanding of the proposed project. Describe your general approach to completing the project successfully, methodologies and technologies you would employ, key milestones and processes you would employ. Describe what information you would expect the City to supply.

3. Relevant Experience - Please include information describing your experience providing similar services for public agencies. Identify a minimum of three (3) specific examples of relevant experience. The Consultant should provide a list of the most recent projects (i.e., completed within the last five (5) years is preferred, but samples outside of this timeframe will be accepted if relevant ) for which t he Consultant has performed similar services of similar size, scope, and complexity.

Include the name, contact person, address, phone number and/or e -mail of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance.

Project Manager/Key Staff: Please include information about the specific relevant experience and billing rates for the proposed Project Manager and all applicable staff. A Project Manager must be designated as the principal contact for the City throughout engagement. Resumes should be attached to this section.

4. Proposed Scope of Services - Please provide a proposed Scope of Services, based on the needs described in this RFP; and discuss any ideas for modi fying, clarifying, or improving. Provide a realistic working schedule wi th key deliverables, milestones and tasks.

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

6. Cost Proposal – Cost proposal should include the following:

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, inc luding all out -of-pocket expenses. Provide a budget for each significant milestone for the entire scope of services. The proposed budget should be inclusive of all meetings, conference calls, site visits and deliverables. The budget should include a list of anticipated reimbursable expenses with rates charged for each.

Component Costs: Include separate schedules of all fees and expenses for each of the work tasks and deliverables described in this RFP. These schedules should include hourly rates and numbe r of hours anticipated for each staff level; as well as out-of- pocket expenses such as travel and transportation, meals, communications, and duplication costs. The total of these separate schedules should have a direct relationship to the total all-inclusive maximum price.

Rates for Additional Services: If i t should become nec essary for the City to request the successful Consultant 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 repo rt issued resulting from this engagement, then such additional work shall be performed only if set forth in an addendum to the con tract between the City and the Consultant. Any such additional work would be performed at the same rates submitted in the dollar cost bid unless otherwise noted in the proposal.

All proposals must be submitted using the PlanetBids Portal by Thursday, June 29, 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 C ity strongly encourages respondents to thoroughly review their proposal s 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.

Responses shall not exceed thirty (30) pages when printed on 8-½ -inch by 11-inch paper. Font Times New Roman Font (preferred), 12pt font size. The t hirty (30) page-requirement does not include cover letter/letter of transmittal or any items included as additional attachments.

Proposals should also include the following:

1. Title Page showing the request for proposals subject; the Consultant ’s name; the name, address, email and telephone number of the contact person; and the date of the proposal.

2. Table of Contents identifying the items/section listed in the “Proposal Content” section of this RFP.

3. Detailed proposal following the order set forth in the "Proposal Content" of this RFP.

ATTACHMENT __

Appendix B – Sample Professional Services Agreement

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 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 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 incorporated 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 su ccessful 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

PROFESSIONAL SERVICES AGREEMENT NO. _____

(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.

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 compensa ted 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 th e CITY each month for Professional 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 “No tice to Proceed” (as further defined below) by the CITY and shall expire X years from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to X year extensions upon such terms and conditions mutually agreed upon by the Parties in writing.

b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by 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 utilize d 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 CITY ordinances, rules and regulations, standard op erating 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. Compe nsation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT.

e. The CONSULTANT shall retain all original reports, field and office

PROFESSIONAL SERVICES AGREEMENT NO. _____

notes, correspondence, calculations, maps, a nd 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 Agreement, shall be the prope rty 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 such 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 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 of all work performed 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

PROFESSIONAL SERVICES AGREEMENT NO. _____

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 completio n 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 befo re 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 CONSULT ANT. 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 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 ha s 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 t o 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.

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

PROFESSIONAL SERVICES AGREEMENT NO. _____

CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to th e 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 Socia l 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 Pub lic Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written 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 compe tent 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 contributions 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

PROFESSIONAL SERVICES AGREEMENT NO. _____

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 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 laws, ordinances, codes, and regulations of the federal, state, and local governments including, but no t 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 imp osed 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 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 CG 00 01 covering CGL on an “occurrence” basis for bodily injur y 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 SERVICES AGREEMENT NO. _____

 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.

d. The policy or policies required by this Agreement sh all 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 terminate thi s 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 co verage 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 evide nce 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: [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 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 the CITY as an additional insured. The CONSULTANT shall, prior t o 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 expiring during the term of this Agreement have been renewed or replaced

PROFESSIONAL SERVICES AGREEMENT NO. _____

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, o r 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 subconsultants, from waiving t he 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 eit her 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 subcontrac t, 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 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.

PROFESSIONAL SERVICES AGREEMENT NO. _____

Waiver by any party hereto of any term, condition or covenant of this Ag reement 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 reaso nably 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 o f 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 r easonably 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 Agreem ent, 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 rig ht 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.

PROFESSIONAL SERVICES AGREEMENT NO. _____

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 warrantie s 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 o wn 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 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 gi ven 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 S tates 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]

PROFESSIONAL SERVICES AGREEMENT NO. _____

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]

If to Consultant: Consultant Name
Attn: ___________________
Address
City, CA #####
(###) ###-####
Email

An electronic communication (“ Electronic Notice”) shall be deemed written notice for purposes of this section i f 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, marital 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, medi cal 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 i t. 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.

PROFESSIONAL SERVICES AGREEMENT NO. _____

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 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]

PROFESSIONAL SERVICES AGREEMENT NO. _____

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
 Exhibit C – Live Scan Fingerprinting Requirement

EXHIBIT “A”

Request for Proposals for Services and Contractor’s Proposal

EXHIBIT “B”

Schedule of Compensation

EXHIBIT “C”

Live Scan Fingerprinting Requirements

Prior to commencing services, the CONSULTANT may be required to successfully pass a Department of Justice fingerprinting background check (“Live Scan”) performed by a certified fingerprinting service provider or at the City of Montebello Police Department. The CONSULTANT shall be resp onsible for obtaining the Live Scan for its staff and shall bear the cost thereof. The agency completing the fingerprints must provide the City of Montebello Human Resources with the background check results and subsequent records for review. The CONSULTA NT must obtain a “Temporary Consultant’s Badge” issued by the City of Montebello Human Resources prior to performing work.

ITEM # 27
APPROVAL OF MINUTES: MAY 10, 2023 CITY COUNCIL MEETING; MAY 24, 2023 CITY COUNCIL MEETING; JUNE 5, 2023 CITY COUNCIL SPECIAL MEETING

DRAFT

AMENDED AGENDA

CITY OF MONTEBELLO

REGULAR MEETING

MINUTES

WEDNESDAY, MAY 24, 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 6:00 p.m.

ROLL CALL

Members present were Mayor Torres, Mayor Pro Tem Peralta, Councilmember Jimenez, Councilmember Melendez, and Councilmember Tamayo. City Clerk Jimenez and Treasurer Matanga were also present.

Assistant City Manager Arlene Salazar, 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 two (2) member(s) of the public wishing to address the City Council. Speaker(s) was/were provided three minutes to address the City Council and said speaker card(s) is/are on file at the City Clerk’s office.

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 6:04 p.m. to consider the following Closed Session items:

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May 24, 2023: City Council Meeting Minutes Page 2 of 10

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54957.9(d)(1)
Neighbors for Elections Now, et al. vs. City of Montebello LASC Case 23STCV01567

2. PUBLIC EMPLOYEE APPOINTMENT
Government Code Section 54957
Position: City Manager/Interim City Manager

REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT

Mayor Torres reconvened the meeting at 7:09 p.m.

All five members were present to discuss all Closed Session items. City Attorney Arnold Alvarez-Glasman provided the following report to City Council: a briefing was provided on Item No. 1, no action taken and nothing to report; a briefing was provided on Item No. 2 the discussion was not concluded and will be continued after the regular session.

INVOCATION

City Clerk Jimenez led the City Council in the Invocation.

PLEDGE OF ALLEGIANCE

Police Chief Espinosa led the City Council in the Pledge of Allegiance.

CORRECTIONS TO THE AGENDA - ASSISTANT CITY MANAGER

CEREMONIAL ITEMS/PRESENTATIONS

3. RECOGNITION OF NEW POLICE OFFICERS
Presented by Mayor Torres and Police Chief Espinosa.

4. RECOGNITION OF AND ADMINISTRATION OF THE OATH OF OFFICE TO THE NEW ASSISTANT CHIEF

OF POLICE KENNETH CABRERA
Presented by Mayor Torres and Chief Espinosa administered the Oath of Office.

5. ADMINISTRATION OF OATH OF OFFICE FOR PLANNING COMMISSIONER VICTOR CUEVAS The Oath of Office was administered by City Clerk Jimenez.

6. ADMINISTRATION OF OATH OF OFFICE FOR PARKS AND RECREATION COMMISSIONER SYLVIA

TAKEYAMA
The Oath of Office was administered by City Clerk Jimenez.

7. PROCLAMATION FOR PUBLIC WORKS WEEK
Presented by Mayor Torres.

8. RECOGNITION OF ST. BENEDICT SCHOOL GIRLS BASKETBALL CHAMPIONSHIP TEAM Presented by Mayor Torres.

9. NATIONAL POPPY DAY
Presented by Mayor Torres.

10. BUDGET UPDATE FOR FY 2023-24
Director of Finance, Michael Solorza, provided a presentation on the Budget Review Internal and External Process, FY 23-24 Preliminary General Fund Budget Overview, Zero Based vs. Modified Zero-Based Budgeting, Fixed Costs,

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May 24, 2023: City Council Meeting Minutes Page 3 of 10

Discretionary Spending, Staffing Overview, Supplemental Budget Requests, FY 23-24 Proposed General Fund Revenue.

The Council asked some clarifying questions and Director Solorza was available to answer those questions.

Mayor Torres requested details for the new positions in Police and Fire and he also requested that the budget include funds for an emergency vehicle for Beverly Hospital. Assistant City Manager Salazar stated that staff plans on bringing Beverly Hospital as an independent item at a future meeting. Mayor also stated that he previously requested a position in the Public Affairs Department to respond to social media and asked if that is being considered in this budget.

Director Solorza and Chief Espinosa were available to answer some of the Mayor's requests.

It was motioned by Councilmember Jimenez, seconded by Councilmember Tamayo to receive and file this item; the motion was approved unanimously.

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.

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) member(s) of the public wishing to address the City Council. Speaker(s) was/were provided three minutes to address the City Council and said speaker card(s) is/are on file at the City Clerk’s office.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

Assistant City Manager Salazar invited the public to the Memorial Day Event at City Park.

REGULAR BUSINESS - NONE

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.

Mayor Pro Tem Peralta pulled Item No. 21 and Mayor Torres pulled Item No’s. 12, 20, and 24. Mayor Pro Tem Peralta motioned, seconded by Councilmember Melendez, that Item No’s. 11, 13-19,22,23,25,27,28 be approved; the motion passed unanimously.

Item No. 26 was requested by staff to be held over to the next Regular Meeting and there was a walk on item added, Item

29. 11. FISCAL YEAR 2023-24 CONFIRMATION OF ANNUAL TAX RATE FOR VOTER APPROVED INDEBTEDNESS

RECOMMENDATION: It is recommended that the City Council:

1. Review and adopt the attached Resolution No. 23-34 establishing property tax override (PTO) rates on voter approved indebtedness for retirement expenditures for the Fiscal Year 2023-24; and

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May 24, 2023: City Council Meeting Minutes Page 4 of 10

2. Direct staff to forward the resolution to the Los Angeles County Auditor Controller within the required time limit; and

3. Direct staff to take whatever additional actions necessary to ensure collection of the property tax override.

Approved unanimously.

12. FISCAL YEAR 2022-23 THIRD QUARTER BUDGET AMENDMENTS

RECOMMENDATION: It is recommended that the City Council:

1. Amend the Fiscal Year 2022-23 budget by increasing revenue and expenditure appropriations by the listed amounts in the various accounts listed on Attachment A;

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

Mayor Torres stated that he was disappointed to see that the report included amendments that he requested to be individual items. Specifically, IBE Digital and the IT strategic plan, he requested that any expenditures related to IBE digital, at least detailed in this amendment, come back with sufficient detail. Secondly, the position listing and the changes to the table of organization, he requested that the Recreation Manager position come back to council to show the purpose of how this position enhances the organization and the community.

Mayor Torres motioned to approve this item with the exception of the aforementioned amendments, seconded by Mayor Pro Tem Peralta. City Clerk Jimenez then called up the speaker. A roll call vote was not taken at that moment.

Mayor Torres also asked for clarification regarding the repayment to Caltrans, Director Enriquez and Director Solorza provided clarification. Director Solorza also provided clarification on the Recreation Manager position.

Mayor Torres amended his original motion to approve the item with the exception of the IBE Digitial and IT strategic plan, seconded by Mayor Pro Tem Peralta; the motion was approved unanimously.

The City Clerk’s Office acknowledged one (1) member(s) of the public wishing to address the City Council. Speaker(s) was/were provided three minutes to address the City Council and said speaker card(s) is/are on file at the City Clerk’s office.

13. APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 3883 WITH RL

CONTROLS, LLC, TO EXTEND THE COMPLETION DATE FOR THE BUS CAMERA SURVEILLANCE

SYSTEM PROJECT

RECOMMENDATION: It is recommended that the City Council:

1. Approve Amendment No. 2 to Professional Services Agreement No. 3883 with RL Controls, LLC to extend the completion date for the Bus Camera Surveillance System Project; and

2. Authorize the City Manager and/or his designee to execute Amendment No. 2 to Agreement No. 3883 on behalf of the City; and

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

Approved unanimously.

14. ADOPT RESOLUTION NO. 23-32 APPROVING MONTEBELLO BUS LINES’ FISCAL YEAR 2023-2024 AND 2024-2025 FREE FARE SCHEDULE

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No 23-32 approving Montebello Bus Lines (MBL) Fiscal Year 2023-24 and FY 2024-25 Free Fare Schedule; and

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

Approved unanimously.

15. APPROVE ISSUING A RESTROOM RENOVATION SERVICES REQUEST FOR PROPOSAL (RFP) NO. 23-14

RECOMMENDATION: It is recommended that the City Council:

1. Approve issuing a Restroom Renovation Services Request for Proposal, No. 23-14 (RFP No. 23-14); and

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May 24, 2023: City Council Meeting Minutes Page 5 of 10

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

Approved unanimously.

16. APPROVAL OF B-MAP – PHASE B1 FINAL TRACT MAP NO. 82725 FOR A PORTION OF VESTING TENTATIVE TRACT MAP NO. 82725 IN CONNECTION WITH THE MONTEBELLO HILLS SPECIFIC PLAN

PROJECT

RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 23-33:

1. Finding that the approval of the B-Map – Phase B1 Final Tract Map No. 82725 is exempt from the California Environmental Quality Act (“CEQA”) pursuant to (i) CEQA Guidelines Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps), (ii) Public Resources Code Section 21080(b)(1), and (iii) CEQA Guidelines Section 15182 and Government Code Section 65457, which expressly exempts residential projects undertaken to implement, and that are consistent with, an approved specific plan for which an EIR was certified after January 1, 1980 and none of the events under Public Resources Code Section 21166 have occurred; and

2. Approving the B-Map – Phase B1 Final Tract Map No. 82725 for a portion of Vesting Tentative Tract Map (“VTTM”) No. 82725 in connection with the Montebello Hills Specific Plan Project; and

3. Authorizing the City Clerk, City Treasurer, and City Engineer to execute the Certificate on the map showing the City’s approval of B-Map -– Phase B1 Final Tract Map No. 82725 for a portion of VTTM No. 82725; and

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

Approved unanimously.

17. APPROVAL OF THE FINAL TRACT MAP NO. 82727 FOR A PORTION OF VESTING TENTATIVE TRACT MAP NO. 70420 FOR PUBLIC OPEN SPACE CONVEYANCE IN CONNECTION WITH THE MONTEBELLO

HILLS SPECIFIC PLAN PROJECT

RECOMMENDATION: It is recommended that the City Council:

1. Finding that the approval of the Final Tract Map No. 82727 is exempt from the California Environmental Quality Act (“CEQA”) pursuant to (i) CEQA Guidelines Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps), (ii) Public Resources Code Section 21080(b)(1), and (iii) CEQA Guidelines Section 15182 and Government Code Section 65457, which expressly exempts residential projects undertaken to implement, and that are consistent with, an approved specific plan for which an EIR was certified after January 1, 1980, and none of the events under Public Resources Code Section 21166 have occurred; and

2. Approving the Final Tract Map No. 82727 for a portion of Vesting Tentative Tract Map (“VTTM”) No. 70420 in connection with the Montebello Hills Specific Plan Project; and

3. Authorizing the City Clerk, City Treasurer, and City Engineer to execute the Certificate on the map showing the City’s approval of the Final Tract Map No. 82727; and

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

Approved unanimously.

18. ADOPT RESOLUTION NO. 23-35 FOR THE FISCAL YEAR 2023-24 LEVY OF ANNUAL ASSESSMENTS FOR

THE NATASHA LANE LANDSCAPE ASSESSMENT DISTRICT

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-35 (Attachment A) establishing the City’s intention for the Fiscal Year 2023-24 Levy of Annual Assessments for the Natasha Lane Landscape Assessment; and

2. Authorize the City Engineer to prepare and file a Preliminary Engineer’s Report; and

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

Approved unanimously.

19. ADOPT A RESOLUTION FOR THE FISCAL YEAR (FY) 2023-24 LEVY OF ANNUAL ASSESSMENTS FOR

THE NATASHA LANE SEWER AND STORM DRAIN PUMP STATION ASSESSMENT DISTRICT

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May 24, 2023: City Council Meeting Minutes Page 6 of 10

RECOMMENDATION: It is recommended that the City Council:

1. Adopt a Resolution (Attachment A) establishing the City’s intention for the FY 2023-24 Levy of Annual Assessments for the Natasha Lane Sewer and Storm Drain Pump Station Assessment District; and

2. Authorize the City Engineer to prepare and file a Preliminary Engineer’s Report; and

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

Approved unanimously.

20. APPROVE TASK NO. 5 UNDER MASTER RETAINER AGREEMENT NO. 3999 WITH MARK THOMAS & COMPANY, INC. FOR ENGINEERING DESIGN SERVICES FOR THE PAVING THE WAY PROGRAM PROJECT – MONTEBELLO BOULEVARD FROM WEST LOS ANGELES AVENUE TO LINCOLN AVENUE (C.P. NO.888)

RECOMMENDATION: It is recommended that the City Council:

1. Approve Task Order No. 5 via an Engagement Letter under Master Retainer Agreement No. 3999 with Mark Thomas for Engineering Design Services for a fee not-to exceed $282,008; and

2. Authorize the City Manager to execute the Contract Agreement, on behalf of the City; and

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

Mayor Torres pulled this item for discussion and asked if there is urgency to this item, particularly with the proposed changes to the median from Lincoln down to Los Angeles.

Director Enriquez provided clarification and noted the medians aren't particularly urgent Mayor Torres asked that this item come back with a proposition of where the medians would be exactly. Director Enriquez suggested that he bring back the item for consideration of where they could add the medians and noted this might change the scope of work and fee.

Mayor Torres motioned to continue the item at the next Regular Meeting to include the aforementioned suggestion by Director Enriquez, seconded by Councilmember Melendez; the motion was approved unanimously.

21. APPROVAL OF THE FISCAL YEAR 2022-23 ANNUAL PLAN FOR THE LOS ANGELES REGION MEASURE

W (SAFE, CLEAN WATER PROGRAM) EXPENDITURES

RECOMMENDATION: It is recommended that the City Council:

1. Approve the Fiscal Year 2022-23 Annual Plan for Los Angeles Region Measure W (Attachment A) that programs expenditures for the fiscal year; and

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

Mayor Pro Tem Peralta pulled this item and asked if there would be a possibility to allocate some of this funding to a Tree and Shading Program. Director Enriquez stated that he would have to look at the ordinance to verify the funding can be used for that type of expenditure. He also stated that he recommends that these funds be used as much as they can for the storm drains as the City is behind in meeting the storm water regulations.

It was motioned by Mayor Pro Tem Peralta, seconded by Councilmember Melendez that the item be approved as recommended by Staff; the motion was approved unanimously.

22. APPROVAL OF THE FISCAL YEAR 2023-24 ANNUAL PLAN FOR THE LOS ANGELES REGION MEASURE

W (SAFE, CLEAN WATER PROGRAM) EXPENDITURES

RECOMMENDATION: It is recommended that the City Council:

1. Approve the Fiscal Year 2023-24 Annual Plan for Los Angeles Region Measure W (Attachment A) that programs expenditures for the fiscal year; and

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

Approved unanimously.

23. APPROVE AND APPROPRIATE GRANT AWARD FROM THE BOARD OF STATE AND COMMUNITY CORRECTIONS (BSCC), PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT PROGRAM

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May 24, 2023: City Council Meeting Minutes Page 7 of 10

RECOMMENDATION: It is recommended that the City Council:

1. Approve the appropriation of $1,278,987 awarded to the City of Montebello from the Board of State and Community Corrections (BSCC), Proposition 64 Public Health and Safety Grant Program; and

2. Authorize the City Attorney to review and approve the Grant Agreement and Resolution in final form to submit to the Board of State and Community Corrections (BSCC), Proposition 64 Public Health and Safety Grant as soon as possible; and

3. Amend the Fiscal Year 2022-23 budget by increasing appropriations by $1,278,987 in Account No. 268- 85-862-6040.10 (Prop 64 Public Health and Safety, Fire, Prop 65 Public Health & Safety, Other Contract Services); and

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

Approved unanimously.

24. APPROVAL TO PURCHASE A GENERATOR FOR FIRE DEPARTMENT PUBLIC SAFETY

COMMUNICATIONS SITE

RECOMMENDATION: It is recommended that the City Council:

1. Authorize and approve the emergency purchase of a replacement backup generator for the City of Montebello Fire Department’s Public Safety Communication Site located at the Montebello Reservoir; and

2. Amend the Fiscal Year 2022-23 budget by increasing appropriations by $172,500 in the General Fund, Account No. 100-85-880-6010.10 (Fire Department, Communications, Machinery, and Equipment); and

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

Mayor Torres pulled this item for discussion and asked Chief Pelaez to provide an explanation for selecting the most expensive responsive bidder. Chief Pealez provided clarification that this is a contingent not-to-exceed amount based on which vendor has a generator readily available for purchase, it will not necessarily be awarded to the highest bidder.

It was motioned by Mayor Torres, seconded by Mayor Pro Tem Peralta that the item be approved as recommended by Staff; the motion was approved unanimously.

25. RESOLUTION NO. 23-28 AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION "RECREATIONAL TRAILS PROGRAM"

RECOMMENDATION: It is recommended that the City Council:

1. Approve Resolution No. 23-38 authorizing the submission of an application for the State of California's Department of Parks and Recreation "Recreational Trails Program;" and

2. Authorize the City Manager to conduct all negotiations, execute and submit documents reasonably necessary for the completion of the awarded project; and

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

Approved unanimously.

26. CONSIDERATION OF A RESOLUTION NO. 23-39 TO VACATE AND TERMINATE AN IRREVOCABLE

OFFER OF DEDICATION FOR HABITAT RESERVE

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-39 vacating and terminating an Irrevocable Offer of Dedication (“IOD”) from Sentinel Peak Resources California, LLC (“Sentinel”) to the City of Montebello in connection with the Montebello Hills habitat reserve having Instrument No. 20191405603 dated December 17, 2019; and

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

To be held over to the next Regular Meeting of June 14, 2023.

27. APPROVAL OF MINUTES: APRIL 5, 2023 SPECIAL COUNCIL MEETING; APRIL 10, 2023 CITY COUNCIL MEETING; APRIL 26, 2023 CITY COUNCIL MEETING

RECOMMENDATION: It is recommended that the City Council:

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May 24, 2023: City Council Meeting Minutes Page 8 of 10

1. Approve said minutes as is.

Approved unanimously.

28. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-37 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED MAY 24, 2023

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-37 approving the Warrant Register dated May 24, 2023.

Approved unanimously.

29. MONTEBELLO MUNICIPAL GOLF COURSE RENOVATION PROJECT (CP NO. 894) – IRRIGATION PUMP

GENERATOR RENTAL (WALK-ON ITEM)

RECOMMENDATION: It is recommended that the City Council:

1. Approve a Purchase Order with MCI Flowtronex (Variable Speed Solutions, Inc.) in the amount not-to- exceed $131,327 for rental of a generator to provide temporary power to the irrigation pump station and authorize the City Manager to execute the Purchase Order; and

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

City Attorney explained the need to add this item and asked for Council to make a motion to approve. Councilmember Melendez motioned, seconded by Mayor Pro Tem Peralta to add the walk-on item for Council consideration; the motion was approved unanimously.

Director Enriquez provided a brief update on the project.

Councilmember Melendez motioned, seconded by Councilmember Jimenez to approve this item as recommended by Staff; the motion was approved unanimously, Mayor Pro Tem Peralta stepped out for this vote.

PUBLIC COMMENTS - CONTINUED

AB 1234 TRAVEL REPORTS
Members 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 summary on his time at Contract Cities and he shared withat he was appointed Chair for Legal and Contracts on the Executive Board. He also provided a brief summary at his time at ICSC.

Councilmember Tamayo, Mayor Pro Tem Peralta and Mayor Torres also provided a brief summary on their ICSC experience and Councilmember Jimenez provided a brief summary of her time at Contract Cities.

COUNCIL/AGENCY ORALS
Announcements and requests for future agenda items.

• Georgina Tamayo, Councilmember

• Angie M. Jimenez, Councilmember

1. Request Council Consensus to display an LGBTQIA banner.

2. Stride for Pride

3. East Side Pride

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4. Arts in Public Places

Council Oral Item No. 1, Councilmember Jimenez requested consensus to raise the banner and to create an Ordinance to raise an LGBTQIA Banner on an annual basis; consensus was received.

Council Oral Item No. 2 and 3, announced the Stride for Pride 5k event happening on June 24, 2023 at 8 am and East Side Pride Event also happening on June 24 but at 12pm.

Council Oral Item No. 4, did not speak on this item.

• Scarlet Peralta, Mayor Pro Tem

1. Receive council consensus to direct staff to initiate discussions and cooperation with Edison in order to develop ideas for passive open space, such as a park with walking and biking trails, utilizing EDISON's right-of-way areas within the city.

Mayor Pro Tem Peralta requested consensus to direct staff to initiate work with Edison to potentially lease an Edison right of way for biking trails; consensus was received.
• David N. Torres, Mayor

1. Appointment of Delia Delgado to Civil Service Commission.

Mayor Torres announced his appointment of Delia Delgado to the Civil Service Commission. • Salvador Melendez, Councilmember

CLOSED SESSION - CONTINUED

Mayor Torres recessed the meeting back into Closed Session at 10:15 p.m. to continue discussing Closed Session Item No. 2.

Mayor Torres reconvened the meeting at 10:39 p.m. City Attorney provided the following report to City Council: Council provided direction to process the direction as provided, unanimously.

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on June 14, 2023, at 6:00 p.m. which can be live- streamed at https://www.montebelloca.gov (Click on Live Stream).

I, Kimberly Guillen, Acting Senior Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Sunday, May 21, 2023, no later than 6:00 p.m.

Kimberly Guillen, Acting Senior Deputy City Clerk

DRAFT
May 24, 2023: City Council Meeting Minutes Page 10 of 10

Mayor Pro Tem Peralta motioned, seconded by Councilmember Tamayo to adjourn the meeting at 10:40 p.m.

THE MINUTES OF MAY 24, 2023, ARE HEREBY APPROVED AND ADOPTED ON THIS 14TH DAY OF JUNE 2023.

EXHIBIT - CITY OF MONTEBELLO FORECASTED AGENDA
Please note, the attached exhibit is a draft version that is to be used for reference purposes only; agenda items, information, and dates are subject to change. The exhibit will be placed at the end of the Agenda Packet.

• City of Montebello Forecasted Agenda

1 Padilla, Angelina
From: SaveMPD <[email protected]>
Sent: Monday, May 15, 2023 8:36 PM
To: Comment, ccpublic; Torres, David; Peralta, Scarlet; Jimenez, Angie; Melendez, Salvador; Tamayo, Georgina; Jimenez, Christopher; Matanga, David; Bobadilla, Rene; Espinosa, Paul; Razo, Nicholas; Soria, John; [email protected]; [email protected]; [email protected] Subject:
[External Email] Corruption at the Montebello Police Department Follow Up Flag: Follow up
Flag Status: Flagged

The Montebello Police Department has a long hist ory of corruption and failed leadership. The Department and the city are currently being sued by multiple female o fficers for institutional sexism, mistreatment of women, and viol ation of basic Department Poli cy and City rules and regulations regarding employees. Below are several examples of the type of corruption that not only has gone on, but continues to go on at the Montebello Police Department:

A married male Montebello Police Officer (Der ek Crenshaw) and female officer (Jessica Rodriguez) engage in a dating relationship that causes several disruptions at work. Despite the obviously conflict of interests, supervision and management did nothing. As the relationship soured, the male officer began to cause problems for the female officer at work. When she took it to management, The male officer (who’s dad was retired LAPD) was warned to leave her alone yet the department allowed them to resume working together.

A short time later the female officer files a second report alleging that the male officer attempted to break into her home during an argument. An investigation was conducted and the male officer was demoted from Corporal to officer and brought back to work after committing a crime. The Montebello Police Officer Association president (w ho is supposed to act in the best interest o f all members (including the female officer vict im) acted as a character witness on this male officers behalf to help him retain his job with the city of Montebello.

Brad Keller, the chief at the time places the female officer (Jessica Rodriguez) into the detective bureau after explaining to her he was bringing the male officer back and gives her a take home car in an attempt from keeping her from complaining and filing a law suit. Jessica Rodriguez did not and does not have the qualificat ions to be a detective nor did any of the supervisors select her to be in the bureau. Jessica Rodriguez is a mediocre at best officer with a poor attitude and a history of poor judgement and decision making. She was given that position to keep her from suing the Police Department due to their failure of management.

While in the detective bureau Jessica Rodriguez was allowed to do whatever she wanted (again, in hopes that she wouldn’t sue the department). She regularly spent time drinking coffee and lounging in the dispatch center when she should have been handling her work load. But to avoid her suing the department, no actions were taken. Why the dispatch supervisor did nothing to prevent this from occurring daily only further hi nts to the corruption at the department and how deep it goes.

2 The last corporal promotions were another example of the departments corrupt nature and inability to manage itself. The testing process is completely irrelevant to the work the Officers in Montebello do. It contains tactics performed on the East coast that are against Montebello policy.

The test was selected and reviewed by Capt ain Zeissig (former LAPD) and despite its irrelevance was used anyways. It’s clear the test didn’t matter and wasn’t contemporary and not selected to actually find the best future leaders of the Montebello Police Department but instead to allow a corrupt police management to select whoever they want to continue the cycle.

Because of the mass exodus of officers due to corruption from the top down, this past year the Montebello Police Departm ent had six openings for corpor al. After position openings were announced and officers began testing officer Rodri guez did not have a high enough evaluation score (6.5 is required) to te st. But Montebello PD needed a female in a supervisory position to show they don’t discriminate against females with all three of their upcoming law suits. Further, they couldn’t afford to have her sue the department as well. To avoid this problem, the Montebello management went back to their corrupt ways, Lieutenant Ray Camuy (former LAPD), Sergeant Omar Rodriguez and Captain Zeissig (f ormer LAPD) took it upon themselves to not only change her evaluation score, the date and get it in to qualify her to test but they called her and told her that the captain approved of the change and she was good to test. Never in the history of giving evaluations to officers do you call officers to tell them their score and an updated evaluation was turned in so they could test. It’s a clear example of the corrupt nature of the police management.

Despite both Officer Crenshaw and Officer Rodriguez poor judgement and continual poo r behavior, stats, and integrity they were both promoted.

The clear example of the level of corruption can be seen when you realize that all the Captains, Lieutenants, and Sergeants allowed for the promotions of both Derek Crenshaw and Jessica Rodriguez knowing that they are both a poor example of what supervision represents and have shown not worthy of rank in the organization. T he problem is the administration is complicit on covering up the blatant mistreatment of women that they have not on ly promoted these two officers they have allowed them to work t ogether on the same patro l team (because prio r administration failed to make them sign an agreement) leading to what will be more problems for all of us here.

So now thanks to a corrupt management with a failed testing process the Montebello Police Department has six newly promoted corporals who are not qualified, and work under a group of failing sergeants who fall under a group of mute lieutenants who don’t have the fortitude to stand up against a corrupt management.

Over the past few years, seve ral Montebello Police Officers have sent letters to Human Resources begging for help, reporting misconduct, and asking for clarification on department matters. For years these letters have gone unanswered, unresolved and HR had been unbothered by them. Not only is this a violation of both city and department policy but the city’s own attorney stood up and said during a live council meeting that it is “unamerican not to respond to complaints”. So that begs the question, what complaints do they take serious at the City o f
Montebello? A perfect example of this is Sergeant Sergio Andrade. He has been making officers lives miserable for years while employed there. Multiple complaints have been filed agains him, he is even named in current law suits.

However, a male officer who has a “ close pers onal relationship” with an HR employee filed a complaint on him and it was immediately addressed.

3 This officer should have been fired years ago for hi s behavior and his comments but instead of taking the time to address the complaints the department promoted him and quickly retired him to avoid having to do the right thing. This is just like the issue of former Montebello Poli ce Officer Chris Cervantes (former LAPD). Cervantes was arrested multiple time s, with each arrest came a promotion, and then when he was showing up under the influence to work he was quickly retired instead of fired.

So while the arrestees and the corrupt ma les flourished under management, the hard working females and the level headed officers were forc ed out or passed over. All the while, Police Management was in bed with the association president to help cover things up. The Association President stood by as officers were sabotaged while trying to lateral, ignored while pleading for help, and unfairly denied exemptions and terminated.

Multiple supervisors (sworn and non sworn) hav e witnessed these behaviors and have even been to HR with officers while attempting to file complaints. They were all required to act and they failed. The Montebello Police Department is currently facing many lawsui ts regarding the corrupt management and the history of mistreatment of women in the workplace. At what point is Police Management, Human Resources, the City Manager, or City Council going to do their job and actually investigate and stop the history of corruption that exists and breeds at the Montebello Police Department.

Sent with Proton Mail secure email.

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1 Padilla, Angelina
From: William Moreno <[email protected]>
Sent: Thursday, May 18, 2023 10:34 AM
To: Torres, David; Melendez, Salvador; Jimenez, Angie; Bobadilla, Rene; Peralta, Scarlet; [email protected]; Comment, ccpublic; Planning; [email protected] Subject:

Fwd: [External Email] FAA’s Noise Policy Review; MONTEBELLO REPRESENTATION Follow Up Flag: Follow up
Flag Status: Flagged
Dear Mayor and Council Members and Montebello Staff;

I am in receipt of this notice today.

I think it's important for the City to be represented here. Montebello suffers from far too many aircraft and non-emergency helicopter incursions.

A simple download of Flight Radar data shows that we experience far more noise and flyovers than Westside Communities. This is neither equitable nor appropriate. The East side of Los Angeles County routinely gets dumped on - literally and figuratively.

I would appreciate if this were elevated to the Council agenda or at minimum, City representation on these Federal calls. I'm not clear on who that should be...thanks in advance.

Best regards, Bill Moreno
C; 213.804.5901

---------- Forwarded message ---------
From: LAX Noise Info <[email protected]>
Date: Thu, May 18, 2023 at 9:37 AM
Subject: FAA’s Noise Policy Review
To:

Dear interested community member,

You are receiving this email because you previously submitted a noise comment regarding aircraft operations at the Los Angeles International Airport.

If you are still interested in aircraft noise issues, please see the announcement below from the Federal Aviation Administration (FAA) with information on its Noise Policy Review (NPR). The FAA issued a Federal Register Notice requesting public comments for the NPR to help the agency address aircraft noise. You can participate by attending one of FAA’s virtual webinars on May 18, 23, and/or 25 via Zoom or YouTube, and

2 submitting comments using the links provided. The 90-day comment period started on May 1, 2023 and ends on July 31, 2023.

Thank you,

LAWA Noise Management Team
Please do not reply – this email account cannot accept incoming messages.

To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

FAA logo

News & Update
FAA Opens Public Comment Period on
Noise Policy Review
WASHINGTON - As part of the FAA’s ongoing commitment to address aircraft noise, the agency is asking for public comment on its Noise Policy Review (NPR). The agency published a Federal Register Notice (FRN) today to solicit comments and will hold virtual webinars.

3 The NPR will look at these key items and more based on input received from the public and stakeholders.
 The FAA’s current use of DNL or Day-Night Average Sound Level as the primary noise metric for assessing cumulative aircraft noise exposure.  If and how alternative noise metrics may be used in lieu of or in addition to DNL to better inform agency decisions and improve FAA’s disclosure of noise impacts.  The community’s understanding of noise impacts and how to better manage and respond to community’s aviation noise concerns.
 Ways to improve communications on proposed noise-related agency actions.  The findings from ongoing noise research, including the Neighborhood Environmental Survey and other research related to health impacts, speech interference, sleep disturbance, and economic impacts.

You can get involved with the NPR by submitting your comments to the FRN and/or attending one of our virtual webinars. The webinars will be held May 16, 18, 23 and 25 on Zoom. You can participate by Zoom or watch the meetings via live stream on the FAA’s YouTube account. Attendees watching the meeting on YouTube can submit questions using the platform’s chat feature.

The FRN comment period runs May 1- July 31, 2023. Read and comment on the FRN and get more information on our webinars here.

Please do not reply to this message. See our Contact FAA page for contact information.

STAY CONNECTED:

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1 Padilla, Angelina
From: forrest lane <[email protected]>
Sent: Tuesday, May 30, 2023 6:23 PM
To: Comment, ccpublic
Subject: [External Email] Noise from Shurr High school
Attachments: IMG_43026758.MOV
Follow Up Flag: Follow up
Flag Status: Flagged
Fire alarms going off all hours of the day, PA system that is too loud and sometimes the mic is keyed up all weekend long so a feedback is heard all weekend long, the city the School and the district need to get a handle on it. Please help Concerned Citizen Forrest Lane

---
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1 Padilla, Angelina
From: Angel Hernandez Jr <[email protected]>
Sent: Saturday, June 3, 2023 11:57 AM
To: Comment, ccpublic
Subject: [External Email] Greenwood Ave and Date St.

Follow Up Flag: Follow up
Flag Status: Flagged
To whom it may concern, I was born and raised in Montebello (Southside) on Greenwood Ave between Date St and Oakwood throughout the late seventies, eighties I was there seeing the crumbling of Greenwood Ave. Gangs, drugs and violence took over I graduated from MHS in 1989 and left to the military my family remained and still resides there my mom is a widow that lives in a house on Date St and Greenwood I visit her everyday to check on her I’m employed as a Deputy Sheriff for the County of Los Angeles and for many years I have made numerous calls and messages to the city about the poor lighting on that street until recently street sweeping has resumed but for many years the sweeper was unable to sweep due to increased volume of parked cars, I was told parking enforcement didn’t have the manpower to issue citations so it was left to us to sweep our street. Until recently I have been witnessing transients, RV’s and trash across the street from my mother’s house and the adjacent residents. It just seems like always that the city forgets about there residents on that particular part of the city, you have cars and semi trucks traveling at a high rate of speed with no caution at all and then yesterday 06/02/23 a collision occurred that resulting in a vehicle plowing into the corner market! Back in the the 90s we had a police substation in the Greenwood Plaza and things got stable for a while because of the police presence now there’s graffiti every day trash everywhere it’s just dam sad how it’s deteriorating. All I’m asking in behalf of the residents of Greenwood and Date street is to acknowledge and fix the problems that are so present.

Thank you.

---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***

DRAFT

AMENDED AGENDA

CITY OF MONTEBELLO

REGULAR MEETING

MINUTES
WEDNESDAY, MAY 10, 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 Jimenez (arrived at 6:06 pm) Councilmember Melendez, and Councilmember Tamayo. City Clerk Jimenez and Treasurer Matanga were also present.

City Attorney Arnold Alvarez-Glasman, Assistant City Manager Arlene Salazar, Deputy City Clerk Kimberly Guillen, Records Coordinator Angelina Padilla, 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 one (1) member(s) of the public wishing to address the City Council. Speaker(s) was/were provided three minutes to address the City Council and said speaker card(s) is/are on file at the City Clerk’s office.

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 6:06 p.m. to consider the following Closed Session items:

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May 10, 2023: City Council Meeting Minutes Page 2 of 8

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
One matter related to the Brownfield Overlay Zone
One matter related to Infrastructure Engineering

2. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Government Code Section 54947(b)(1)

3. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Negotiators: Assistant City Manager Arlene Salazar and Human Resources Director Nicholas Razo Employee Groups: Various City employee groups, including but not limited to MPOA, MPMA, and SMART TD.

4. 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 7:23 p.m.

All five members were present to discuss all Closed Session items. City Attorney Arnold Alvarez-Glasman provided the following report to City Council: a briefing was provided on Item No. 1, on the matter related to Brownfield Overlay Zone, direction was given, no action taken and nothing to report; an update was provided on the Infrastructure Engineering matter, the Council provided direction and three (3) Councilmembers were in support, two (2) Councilmembers were not in support, Councilmember Melendez and Councilmember Jimenez. City Attorney will follow up accordingly. Item No. 3, a briefing was provided, no action taken and nothing to report. Items No. 2 and 4 were discussed after the Consent Calendar.

INVOCATION

City Clerk Jimenez led the City Council in the Invocation.

PLEDGE OF ALLEGIANCE

Councilmember Melendez led the City Council in the Pledge of Allegiance.

CORRECTIONS TO THE AGENDA - CITY MANAGER

None.

CEREMONIAL ITEMS/PRESENTATIONS

5. CITIZEN OF THE MONTH - CAMILLA CHAN
Presented by Mayor Torres.

6. ASIAN PACIFIC HERITAGE MONTH
Presented by Mayor Torres.

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May 10, 2023: City Council Meeting Minutes Page 3 of 8

7. NATIONAL PET MONTH
Presented by Mayor Torres.

8. MENTAL HEALTH MONTH
Presented by Mayor Torres.

9. MOTORCYCLE SAFETY AWARENESS MONTH
Presented by Mayor Torres.

10. NATIONAL MILITARY APPRECIATION MONTH
Presented by Mayor Torres.

11. DEPARTMENT BUDGET PRESENTATIONS
Presented by Department Directors.

Mayor Torres halted the presentations halfway through the PowerPoint, and suggested the remaining presentations be conducted at the next meeting due to time. The Mayor also asked, if possible, that the remaining presentation include financials.

Councilmember Melendez asked clarifying questions in regards to the Solid Waste program, Director James Enriquez provided clarification.

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.

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 seven (7) member(s) of the public wishing to address the City Council. Speaker(s) was/were provided three minutes to address the City Council and said speaker card(s) is/are on file at the City Clerk’s office.

Mayor Torres asked Assistant City Manager Salazar that Staff follow up with Mr. Allen Wesley.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

None.

REGULAR BUSINESS

12. ADOPT RESOLUTION NO. 23-28 APPROVING A COMPREHENSIVE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF MONTEBELLO AND THE MONTEBELLO POLICE

MANAGEMENT ASSOCIATION (MPMA)

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-28 approving a tentatively agreed to comprehensive Memorandum of Understanding (MOU) between the City of Montebello and the Montebello Police Management Association (MPMA); and

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

Mayor Torres motioned to approve the item with an additional recommendation to create an Ad Hoc that respects the Council's roles as policy makers for the purpose of creating a more collaborative process in the way the negotiating process

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May 10, 2023: City Council Meeting Minutes Page 4 of 8

goes, seconded by Mayor Pro Tem Peralta.

Assistant City Manager Salazar asked a clarifying question if this would make Council apart of labor negotiations. Mayor Torres stated this request is to create an Ad Hoc.

Councilmember Jimenez made a substitute motion to approve the item as is, seconded by Councilmember Melendez; the motion failed by the following vote:

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

Motion failed, and the original motion was brought back. The motion passed by the following vote:

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

13. ECONOMIC DEVELOPMENT ACTION PLAN FRAMEWORK

RECOMMENDATION: It is recommended that the City Council:

1. Receive and file the Economic Development Action Plan Framework; and,

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

Economic Development Manager, Jose Gardea, presented a PowerPoint on the Economic Prosperity Action Plan, Economic Challenges, Areas of Action, Development Opportunities, Public Infrastructure Investments, Placemaking Programs, Business/ Entrepreneur/Workforce Support, Consumer Report, and Next Steps.

Council commended Mr. Gardea on his presentation, and expressed their excitement for the economic opportunities for the City.

Mayor Pro Tem motioned to receive and file this item, seconded by Councilmember Melendez; 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.

Mayor Torres pulled Item No’s. 15, 20, and 21. Councilmember Melendez motioned, seconded by Mayor Pro Tem Peralta, that Item No’s. 14, 16-19 and 22-25, be approved; the motion passed unanimously.

14. AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP NO. 23-10) FOR LOCAL HAZARD

MITIGATION PLAN

RECOMMENDATION: It is recommended that the City Council:

1. Authorize to issue a Request for Proposals (RFP) for Local Hazard Mitigation Plan; and

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

Approved unanimously.

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May 10, 2023: City Council Meeting Minutes Page 5 of 8

15. AUTHORIZE ISSUING REQUEST FOR PROPOSALS (RFP) NO. 23-8 FOR PRINTING AND GRAPHIC

DESIGN SERVICES

RECOMMENDATION: It is recommended that the City Council:

1. Authorize the issuing of a Request for Proposals (RFP) 23-8 for printing and graphic design services; and

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

Mayor Torres pulled this item for discussion and asked how is this contract different than other contract services we've engaged in. Director Solorza, clarified that this is a much more transparent process. Mayor Torres asked that when this item come back it has the list of responses and scores included.

It was motioned by Mayor Torres, seconded by Mayor Pro Tem Peralta that the item be approved as recommended by Staff; the motion was approved unanimously.

16. ANNUAL SLURRY SEAL PROJECT FOR FISCAL YEAR 2022-23 (CP NO. 892) – NOTICE OF COMPLETION

RECOMMENDATION: It is recommended that the City Council:

1. Accept the Annual Slurry Seal Project for Fiscal Year 2022-23 (CP No. 892) as completed by Doug Martin Contracting Company, and

2. Find that the requested “Changes in Work” for the project (Attachment A) have no significant effect on the environment and approve the additional changes in the amount of $33,409. The final contract amount with Doug Martin Contracting Company is $657,193; and

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

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

5. Authorize the City Manager to release the retention payment due to Doug Martin Contracting Company 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.

17. ANNUAL CONCRETE REPAIR PROGRAM PROJECT FISCAL YEAR 2021-22 (CP NO. 891) – NOTICE OF

COMPLETION

RECOMMENDATION: It is recommended that the City Council:

1. Accept the Annual Concrete Repair Program Project from Fiscal year 2021-22 (CP No. 891) as completed by CJ Concrete Construction, Inc., 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 $274,628. The final contract amount with CJ Concrete Construction, Inc. is $1,483,611; and

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

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

5. Authorize the City Manager to release the retention payment due to CJ Concrete Construction, 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.

18. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 4005 WITH AVENU INSIGHTS & ANALYTICS, LLC

RECOMMENDATION: It is recommended that the City Council:

1. Approve the attached Amendment to Agreement No. 4005 with Avenu Insights & Analytics, LLC, (Avenu); and

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

Approved unanimously.

19. TREASURER'S REPORT FOR THE QUARTER ENDING MARCH 31, 2023

RECOMMENDATION: It is recommended that the City Council:

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May 10, 2023: City Council Meeting Minutes Page 6 of 8

1. Receive and file the Quarterly Treasurer's Report for the quarter ending March 31, 2023 (Third Quarter).

Approved unanimously.

20. ADOPT RESOLUTION NO. 23-29 TO TEMPORARILY SUSPEND LIMITATIONS UNDER MONTEBELLO MUNICIPAL CODE SECTION 17.54.040(C)(3) FOR NON-CONFORMING BUILDINGS THAT WERE

DAMAGED OR PARTIALLY DESTROYED AS A RESULT OF THE MONTEBELLO TORNADO IN ORDER TO

FACILITATE REPAIRS ASSOCIATED WITH AFFECTED BUILDINGS

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-29, approving a temporary suspension of the limitations under Montebello Municipal Code Section 17.54.040(C)(3) for Non-Conforming Uses/Buildings that were damaged or partially destroyed as a result of the Montebello tornado; and

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

Mayor Torres pulled this item for discussion and made a motion to approve the item with the addition that it come back at the end of the 6 month period with a report by Council on what reconstruction activities have taken place, so that there is an understanding that out of the 11 buildings that were red tagged, which ones still may not be in operation an may need additional assistance, and also giving Council the opportunity that if that period needs to be extended that at least the item is coming back. The second recommendation is that the property owners are provided with 30-days notice that this 6 month period is going to be expiring. Seconded by Mayor Pro Tem Peralta; the motion was approved unanimously.

21. APPROVAL OF AMENDMENT NO. 3 TO AGREEMENT NO. 3444 WITH JOHNSON CONTROLS, INC FOR

CITYWIDE HVAC MAINTENANCE AND REPAIRS

RECOMMENDATION: It is recommended that the City Council:

1. Approve Amendment No. 3 to Agreement No. 3444 with Johnson Controls for Citywide Heating, Ventilation, and Air Conditioning (HVAC) Maintenance and Repair increasing the annual contract amount for Fiscal Year 2022-23 by $75,000 to a total of $204,052; and

2. Authorize the City Manager to execute Amendment No. 3 on behalf of the City; and

3. Amend the Fiscal Year 2022-23 budget by increasing appropriations by $56,250 in Account No. 100-30- 510-6040.60 (General Fund, Public Works, Facilities Maintenance, Building Maintenance/Reparis), and $18,750 in Account No. 600-90-915-6040.60 (Transit, Corporate Shops, Building Maintenance/Repairs), and;

4. Authorize the issuance of an RFP for Citywide HVAC Maintenance and Repair services; and

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

Mayor Torres pulled this item for discussion and he stated that the $75,000 amendment seems to be a lot considering the Fiscal Year is about to end, and asked Director Enriquez to explain. Director Enriquez clarified that there were critical facilities that had to have repairs done, and the amendment would provide enough funding for those repairs and cover the routine maintenance until the RFP is advertised.

It was motioned by Mayor Torres, seconded by Councilmember Melendez, that the item be approved as recommended by Staff; the motion was approved unanimously.

22. APPROVAL TO SUBMIT GRANT APPLICATION TO THE SOUTHERN CALIFORNIA GAS COMPANY (SoCalGas) PLANNING GRANTS TO SUPPORT CLIMATE ADAPTATION AND RESILIENCY

RECOMMENDATION: It is recommended that the City Council:

1. Approve submission of a grant application for the SoCalGas Planning Grants to Support Climate Adaptation and Resiliency; and

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

Approved unanimously.

23. ACKNOWLEDGE SUBMITTAL OF GRANT APPLICATION TO THE DEPARTMENT OF HEALTH AND

HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION (SAMHSA)

DRAFT
May 10, 2023: City Council Meeting Minutes Page 7 of 8

RECOMMENDATION: It is recommended that the City Council:

1. Acknowledge submission of a grant application in the amount of 2.5 million dollars for the Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA) Fiscal Year 2023 program; and

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

Approved unanimously.

24. APPROVAL OF MINUTES: FEBRUARY 27, 2023 SPECIAL CITY COUNCIL MEETING; MARCH 1, 2023 SPECIAL CITY COUNCIL MEETING; MARCH 13, 2023 SPECIAL CITY COUNCIL MEETING

RECOMMENDATION: It is recommended that the City Council:

1. Approve said minutes as is.

Approved unanimously.

25. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-30 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED MAY 10, 2023

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-30 approving the Warrant Register dated May 10, 2023.

Approved unanimously.

PUBLIC COMMENTS - CONTINUED

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

Councilmemeber Melendez attended the SCAG conference and provided a brief summary.

COUNCIL/AGENCY ORALS
Announcements and requests for future agenda items.

• Georgina Tamayo, Councilmember

• Angie M. Jimenez, Councilmember

1. Request Council Consensus to display an LGBTQIA banner.

Councilmember Jimenez stated she would save her Council Oral for the next Council Meeting. • David N. Torres, Mayor

1. Request for council consensus to recognize May 26, 2023 as National Poppy Day to honor the fallen and support the living who have worn our nation's uniform.

2. Request(s) for certain budget presentations and information.

3. Request for council consensus directing staff to study fees related to fundraising by non-profits and other community organizations in Montebello.

DRAFT
May 10, 2023: City Council Meeting Minutes Page 8 of 8

For Mayor Torres' Council Oral Item No. 1, he asked for consensus; consensus received. Item No. 2 asked for consensus to direct staff to submit the executive summary of the budget to Council at least a week before, and asked for consensus to direct staff to include fund balances in the budget presented to Council; consensus received. Item No. 3. asked for consensus to direct staff, to better understand the fees that the City has, and shape them a little better; consensus received.

Mayor Torres also asked for consensus to work with staff to mimic or use templates from the City of Pico Rivera that provide in detail the scope of work and what the project entails for Capital Improvement projects and have that on the budget; consensus received.
• Scarlet Peralta, Mayor Pro Tem

• Salvador Melendez, Councilmember

CLOSED SESSION - CONTINUED

Mayor Torres recessed back into Closed Session at 9:54 pm.

Mayor Torres reconvened into Regular Session at 10:13 pm. City Attorney provided the following report: Item No. 2, City Attorney stepped out of the room; direction was provided to special counsel nothing further to report. Item No. 4, direction was provided to special counsel and nothing further to report.

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on May 24, 2023 at 6:00 p.m. which can be live streamed at https://www.montebelloca.gov (Click on Live Stream).

I, Kimberly Guillen, Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Sunday, May 7, 2023 no later than 6:00 p.m.

Kimberly Guillen, Deputy City Clerk

Mayor Pro Tem Peralta motioned, seconded by Councilmember Tamayo to adjourn the meeting at 10:23 p.m.

THE MINUTES OF MAY 10, 2023 ARE HEREBY APPROVED AND ADOPTED ON THIS 14TH DAY OF JUNE 2023.

EXHIBIT - CITY OF MONTEBELLO FORECASTED AGENDA
Please note, the attached exhibit is a draft version that is to be used for reference purposes only; agenda items, information, and dates are subject to change. The exhibit will be placed at the end of the Agenda Packet.

• City of Montebello Forecasted Agenda

CITY OF MONTEBELLO

SPECIAL CITY COUNCIL MEETING AGENDA

MINUTES
MONDAY, JUNE 5, 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, and Councilmember Tamayo. City Treasurer Matanga was also present.

City Attorney Arnold Alvarez-Glasman, Assistant City Manager Arlene Salazar, and Acting Senior Deputy City Clerk Kimberly Guillen.

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.

There were no speaker cards submitted by the public.

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 6:04 p.m. to consider the following Closed Session item:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Beverly Community Hospital Association Bankruptcy Matter U.S. Bankruptcy Court Central District of California (Los Angeles) Bankruptcy Petition #: 2:23-bk-12359-SK
DRAFT

June 5, 2023: City Council Meeting Minutes Page 2 of 2
REGULAR SESSION – IMMEDIATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT
Mayor Torres reconvened the meeting at 6:49 p.m.

All five members were present to discuss the Closed Session item. City Attorney Arnold AlvarezGlasman provided the following report to City Council: a briefing was provided on Item No. 1, no action taken and nothing to report.

REGULAR BUSINESS - NONE

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on June 14, 2023, at 6:00 p.m., which can be live- streamed at https://www.montebelloca.gov (Click on Live Stream).

Date and Posted: June 1, 2023, at 6:00 p.m.

I, Kimberly Guillen, Acting Sr. Deputy City Clerk for the City of Montebello, hereby certify that the foregoing Notice of the Special Meeting was posted at City Hall and the City’s website and delivered to each member of the City of Montebello City Council no less than 24-hours before the start of the Special Meeting.

Kimberly Guillen, Acting Sr. Deputy City Clerk
Mayor Pro Tem Peralta motioned, seconded by Councilmember Tamayo to adjourn the meeting at 6:50 p.m.

THE MINUTES OF JUNE 5, 2023, ARE HEREBY APPROVED AND ADOPTED ON THIS 14TH DAY OF JUNE 2023.

DRAFT

ITEM # 28
PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-45 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED JUNE 14, 2023

RESOLUTION NO. 23-45

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 Audite d Demand No.1553, consisting of 12 pages, and including:

Warrant No.

General: Check No. 599906 through 600121
ACH No. 4199 through 4316

Successor Agency: ACH No. 15

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 14th day of June 2023.

_______________________________
David N. Torres, Mayor

ATTEST: APPROVED AS TO FORM:

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

RESOLUTION NO. 23-45

• 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. 23-45 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 14th day of June 2023 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

DATE: __
Christopher Jimenez, City Clerk

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME General Account
4199 05/18/2023 $1,466.15 CONTRACT SERVICES 3279 PROCURE AMERICA INC 4200 05/18/2023 ($1,467.46) CONTRACT SERVICES 3279 PROCURE AMERICA INC 4201 05/18/2023 $1.31 CONTRACT SERVICES 3279 PROCURE AMERICA INC 4202 05/18/2023 $51,876.07 PENSION/RETIREMENT PAYABLE 17 CAL PERS 4203 05/18/2023 $136,828.32 CASH WITH FISCAL AGENT 17870 THE BANK OF NEW YORK MELLON 4204 05/18/2023 $424,579.38 INTEREST EXPENSE 17870 THE BANK OF NEW YORK MELLON 4205 05/18/2023 $958.18 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 4206 05/18/2023 $14,404.61 PREPAID EXPENSES 3016 ANTARES GOLF LLC 4207 05/18/2023 $304.29 SUPPLIES 35980 SAEED RADMEHR
4208 05/18/2023 $115,638.82 CONTRACT SERVICES 2530 CJ CONCRETE CONSTRUCTION INC 4209 05/18/2023 $940.87 SUPPLIES 10000 CLEAN SWEEP SUPPLY CO INC 4210 05/18/2023 $1,255.62 SUPPLIES 21690 COLUMBIA BUSINESS FORMS INC 4211 05/18/2023 $5,100.18 VEHICLE MAINTENANCE/EXPENSES 75340 DELTA MOTOR COMPANY INC 4212 05/18/2023 $34.00 CONTRACT SERVICES 23660 DAIOHS USA 4213 05/18/2023 $189,762.17 CONTRACT SERVICES 2793 IBE DIGITAL 4214 05/18/2023 $55,196.36 CONTRACT SERVICES 2152 JOHNSON CONTROLS INC 4215 05/18/2023 $83.05 SUPPLIES 26670 LIFE-ASSIST INC
4216 05/18/2023 $5,310.00 CONTRACT SERVICES 11070 LPM CONSULTING INC 4217 05/18/2023 $740.35 CONTRACT SERVICES 19250 N/S CORPORATION 4218 05/18/2023 $171,247.20 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES 4219 05/18/2023 $1,360.01 SUPPLIES 2686 THE SHERWIN-WILLIAMS CO 4220 05/18/2023 $832.33 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 4221 05/18/2023 $3,245.00 CONTRACT SERVICES 217 TRACKIT LLC 4222 05/18/2023 $16,801.13 CONTRACT SERVICES 3133 ULTIMATE MAINTENANCE SERVICE 4223 05/18/2023 $72.71 SUPPLIES 3066 V & V MANUFACTURING INC 4224 05/18/2023 $7,000.00 CONTRACT SERVICES 3433 VECTIS DC LLC 4225 05/18/2023 $2,123.89 VEHICLE MAINTENANCE/EXPENSES 51730 WESTRUX INTERNATIONAL INC 4226 05/18/2023 $1,400.00 CONTRACT SERVICES 8160 WINCAL TECHNOLOGY CORPORATION City of Montebello
Register of Demands No. 1553
From Payment Date 05/12/23 - To Payment Date 06/01/23

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1553
From Payment Date 05/12/23 - To Payment Date 06/01/23
4227 05/18/2023 $1,736.44 VEHICLE MAINTENANCE/EXPENSES 1657 OSCAR ZAVALAS 4228 05/25/2023 $549.50 SUPPLIES 3163 BANK OF AMERICA
4229 05/25/2023 $1,808.64 MACHINERY & EQUIPMENTS 3163 BANK OF AMERICA 4230 05/25/2023 $402.69 TRAINING 3163 BANK OF AMERICA
4231 05/25/2023 $124.18 MACHINERY & EQUIPMENTS 3163 BANK OF AMERICA 4232 05/25/2023 $431.01 SUPPLIES 3163 BANK OF AMERICA
4233 05/25/2023 $245.67 UTILITY SERVICES 3163 BANK OF AMERICA 4234 05/25/2023 $487.38 SUPPLIES 3163 BANK OF AMERICA
4235 05/25/2023 $181.91 TRAINING 3163 BANK OF AMERICA
4236 05/25/2023 $577.36 TRAVEL & MEETINGS 3163 BANK OF AMERICA 4237 05/25/2023 $371.39 VEHICLE MAINTENANCE/EXPENSES 3163 BANK OF AMERICA 4238 05/25/2023 $69.39 VEHICLE MAINTENANCE/EXPENSES 3163 BANK OF AMERICA 4239 05/25/2023 $1,099.00 TRAINING 3163 BANK OF AMERICA 4240 05/25/2023 $90.00 DUES & SUBSCRIPTIONS 3163 BANK OF AMERICA 4241 05/25/2023 $12.99 DUES & SUBSCRIPTIONS 3163 BANK OF AMERICA 4242 05/25/2023 $1,302.49 DUES & SUBSCRIPTIONS 3163 BANK OF AMERICA 4243 05/25/2023 $3,231.92 FURNITURE & FIXTURES PURCHASES 3163 BANK OF AMERICA 4244 05/25/2023 $148.11 SUPPLIES 3163 BANK OF AMERICA
4245 05/25/2023 $238.74 SUPPLIES 3163 BANK OF AMERICA
4246 05/25/2023 $325.46 ADVERTISING/PRINTING SERVICES 3163 BANK OF AMERICA 4247 05/25/2023 $232.99 SUPPLIES 3163 BANK OF AMERICA
4248 05/25/2023 $176.59 ADVERTISING/PRINTING SERVICES 3163 BANK OF AMERICA 4249 05/25/2023 $838.05 TRAINING 3163 BANK OF AMERICA
4250 05/25/2023 $150.09 TRAVEL & MEETINGS 3163 BANK OF AMERICA 4251 05/25/2023 $142.30 SUPPLIES 3163 BANK OF AMERICA
4252 05/25/2023 $2,531.97 SUPPLIES 3163 BANK OF AMERICA 4253 05/25/2023 $998.50 ADVERTISING/PRINTING SERVICES 3163 BANK OF AMERICA 4254 05/25/2023 $465.82 ADVERTISING/PRINTING SERVICES 3163 BANK OF AMERICA 4255 05/25/2023 $20.76 SUPPLIES 3163 BANK OF AMERICA

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1553
From Payment Date 05/12/23 - To Payment Date 06/01/23
4256 05/25/2023 $90.93 SUPPLIES 3163 BANK OF AMERICA
4257 05/25/2023 $62.26 FUEL 3163 BANK OF AMERICA
4258 05/25/2023 $163.42 ADVERTISING/PRINTING SERVICES 3163 BANK OF AMERICA 4259 05/25/2023 $2,301.12 VEHICLE MAINTENANCE/EXPENSES 3163 BANK OF AMERICA 4260 05/25/2023 $1,395.00 RETIREMENT 3730 AT RETIREMENT SERVICES LLC 4261 05/25/2023 $466,153.11 RETIREMENT 17 CAL PERS
4262 05/25/2023 $510.00 CONTRACT SERVICES 38010 ADVANCED AVANT-GARDE CORPORATION 4263 05/25/2023 $60,766.15 CONTRACT SERVICES 16120 ALVAREZ-GLASMAN & COLVIN 4264 05/25/2023 $10,788.24 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 4265 05/25/2023 $5,219.79 SUPPLIES 62880 AMERICAN MARKER 4266 05/25/2023 $1,461.98 VEHICLE MAINTENANCE/EXPENSES 47980 AMERICAN MOVING PARTS 4267 05/25/2023 $480.00 CONTRACT SERVICES 2365 LETICIA TORRES 4268 05/25/2023 $511.56 SUPPLIES 35980 SAEED RADMEHR
4269 05/25/2023 $13,183.30 CONTRACT SERVICES 2102 JOHN P BEROKOFF 4270 05/25/2023 $30.00 CARPOOL INCENTIVE 3809 SAMANTHA CHENELIA 4271 05/25/2023 $2,339.54 SUPPLIES 10000 CLEAN SWEEP SUPPLY CO INC 4272 05/25/2023 $641.30 CONTRACT SERVICES 2889 COMLOCK SECURITY GROUP INC 4273 05/25/2023 $49.55 SUPPLIES 3108 MARIO ESPINOSA
4274 05/25/2023 $40.00 CARPOOL INCENTIVE 3384 ALICIA FERNANDEZ 4275 05/25/2023 $27,747.86 TRANSIT CHARGES FOR SERVICES 75950 FIESTA TAXI COOPERATIVE INC 4276 05/25/2023 $40.00 CARPOOL INCENTIVE 2572 MARLENE GIL 4277 05/25/2023 $40.00 CARPOOL INCENTIVE 3706 ALEX GILLMAN 4278 05/25/2023 $40.00 CARPOOL INCENTIVE 3123 NEIRA YESSIE GRANADOS 4279 05/25/2023 $281.40 VEHICLE MAINTENANCE/EXPENSES 270 HARBOR DIESEL AND EQUIPMENT INC 4280 05/25/2023 $40.00 CARPOOL INCENTIVE 3196 MICAH HERD 4281 05/25/2023 $40.00 CARPOOL INCENTIVE 4280 NADINE HERNANDEZ 4282 05/25/2023 $30.00 CARPOOL INCENTIVE 3950 IBANEZ, MARIA 4283 05/25/2023 $20,934.06 COPIER REPAIR/SERVICES 2793 IBE DIGITAL 4284 05/25/2023 $248.39 SUPPLIES 1612 JCL TRAFFIC SERVICES

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1553
From Payment Date 05/12/23 - To Payment Date 06/01/23
4285 05/25/2023 $30.00 CARPOOL INCENTIVE 3810 ALEXIS LUCERO 4286 05/25/2023 $24,905.00 CONTRACT SERVICES 19040 MUNICIPAL CONTRACT ADMINISTRATORS INC 4287 05/25/2023 $40.00 CARPOOL INCENTIVE 3657 STACEY MORALES 4288 05/25/2023 $1,092.48 VEHICLE MAINTENANCE/EXPENSES 1385 MUNCIE RECLAMATION AND SUPPLY COMPANY 4289 05/25/2023 $40.00 CARPOOL INCENTIVE 138 BRIANNON PADILLA 4290 05/25/2023 $40.00 CARPOOL INCENTIVE 59960 JO ANN PANOSIAN 4291 05/25/2023 $40.00 CARPOOL INCENTIVE 3712 MATTHEW ROBERT RAMOS 4292 05/25/2023 $119.76 SUPPLIES 1120 BLUETRITON BRANDS INC 4293 05/25/2023 $434,090.07 CONTRACT SERVICES 3191 RL CONTROLS LLC 4294 05/25/2023 $40.00 CARPOOL INCENTIVE 3584 BRENDA RODRIGUEZ 4295 05/25/2023 $40.00 CARPOOL INCENTIVE 69960 NICOLE I SAUCEDO 4296 05/25/2023 $87,300.33 FUEL 1059 AMBER RESOURCES LLC 4297 05/25/2023 $30.00 CARPOOL INCENTIVE 2985 KEVIN SAYCOCIE 4298 05/25/2023 $40.00 CARPOOL INCENTIVE 3001 MICHAEL SOLORZA 4299 05/25/2023 $2,265.85 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 4300 05/25/2023 $40.00 CARPOOL INCENTIVE 3053 MICHAEL TELLES 4301 05/25/2023 $40.00 CARPOOL INCENTIVE 1091 JANELLE TORRES 4302 05/25/2023 $125.00 ADVERTISING/PRINTING SERVICES 6460 TRANSIT TALENT COM 4303 05/25/2023 $414.54 SUPPLIES 3088 WAXIES ENTERPRISES LLC 4304 06/01/2023 $5,175.38 MACHINERY & EQUIPMENTS 2586 AMAZON CAPITAL SERVICES INC 4305 06/01/2023 $847.82 SUPPLIES 62880 AMERICAN MARKER
4306 06/01/2023 $766.39 NOTES PAYABLE 19120 CENTRAL BASIN MUNICIPAL WATER DISTRICT 4307 06/01/2023 $3,374.32 SUPPLIES 10000 CLEAN SWEEP SUPPLY CO INC 4308 06/01/2023 $1,141.89 CONTRACT SERVICES 2889 COMLOCK SECURITY GROUP INC 4309 06/01/2023 $1,675.22 VEHICLE MAINTENANCE/EXPENSES 29680 INLAND KENWORTH INC 4310 06/01/2023 $89,480.00 CONTRACT SERVICES 2892 KTU & A 4311 06/01/2023 $227.39 SUPPLIES 26670 LIFE-ASSIST INC
4312 06/01/2023 $335,137.00 CONTRACT SERVICES 3905 LOS ANGELES ENGINEERING, INC. 4313 06/01/2023 $126.25 TRAINING 3778 LAWRENCE MOON

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1553
From Payment Date 05/12/23 - To Payment Date 06/01/23
4314 06/01/2023 $613.72 SUPPLIES 2686 THE SHERWIN-WILLIAMS CO 4315 06/01/2023 $322.26 TRAVEL & MEETINGS 3610 SARBJEET SINGH 4316 06/01/2023 $2,103.11 SUPPLIES 3088 WAXIES ENTERPRISES LLC ACH TOTAL $2,833,438.62
599906 05/18/2023 $60.00 PARKS AND RECREATION 4072 BRITTANY ABREGO 599907 05/18/2023 $5,880.00 CONTRACT SERVICES 69480 ALLTECH INDUSTRIES INC 599908 05/18/2023 $657.00 ADVERTISING/PRINTING SERVICES 4071 ART DECAL ENTERPRISES 599909 05/18/2023 $1,542.50 CONTRACT SERVICES 3488 ASPIRE RX INC 599910 05/18/2023 $2,318.85 UTILITY SERVICES 39550 AT&T 599911 05/18/2023 $4,590.97 UTILITY SERVICES 39550 AT&T 599912 05/18/2023 $37.69 UTILITY SERVICES 39550 AT&T
599913 05/18/2023 $1,400.00 VEHICLE MAINTENANCE/EXPENSES 278 ATLAS RADIATOR INC 599914 05/18/2023 $1,369.26 VEHICLE MAINTENANCE/EXPENSES 74990 AUTOZONE INC 599915 05/18/2023 $60.00 PARKS AND RECREATION 4073 ALEXIS BORBOA 599916 05/18/2023 $3,084.30 DUE TO CALIFORNIA BUILDING STANDARDS COMMISSION 68300 CALIFORNIA BUILDING STANDARDS COMMISSION 599917 05/18/2023 $2,240.00 CONTRACT SERVICES 58240 STATE OF CALIFORNIA-DEPARTMENT OF JUSTICE 599918 05/18/2023 $59.29 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 599919 05/18/2023 $2,930.00 MACHINERY & EQUIPMENTS 3437 CHARGEPOINT INC 599920 05/18/2023 $69.98 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 599921 05/18/2023 $5,602.09 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 599922 05/18/2023 $791.56 CONTRACT SERVICES 36870 CINTAS CORPORATION NO 3 599923 05/18/2023 $1,552.02 RETIREMENT 3128 CITY OF BELL GARDENS 599924 05/18/2023 $10,318.46 CONTRACT SERVICES 52710 CLEAN ENERGY FUELS 599925 05/18/2023 $4,320.00 CONTRACT SERVICES 3204 COASTAL OCCUPATIONAL MEDICAL GROUP 599926 05/18/2023 $986.50 SUPPLIES 2455 HASA, INC.
599927 05/18/2023 $50.88 VEHICLE MAINTENANCE/EXPENSES 1461 CREATIVE BUS SALES INC 599928 05/18/2023 $3,774.96 SUPPLIES 3991 CYCLE SIREN, INC 599929 05/18/2023 $1,985.00 ADVERTISING/PRINTING SERVICES 1354 DAILY JOURNAL CORPORATION

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1553
From Payment Date 05/12/23 - To Payment Date 06/01/23
599930 05/18/2023 $37,413.75 RETIREMENT 4110 DELTA DENTAL OF CALIFORNIA 599931 05/18/2023 $10,713.30 PERMITS AND FEES 31150 DEPARTMENT OF CONSERVATION 599932 05/18/2023 $32,859.66 CONTRACT SERVICES 1146 DOUG MARTIN CONTRACTING COMPANY INC 599933 05/18/2023 $3,085.86 CONTRACT SERVICES 3334 EAGLE PORTABLES SANITATION LLC 599934 05/18/2023 $300.00 CONTRACT SERVICES 3934 EVERYTABLE PBC 599935 05/18/2023 $1,649.39 SALES TAX LIABILITY 7610 EWING IRRIGATION PRODUCTS 599936 05/18/2023 $353.45 VEHICLE MAINTENANCE/EXPENSES 38020 FLEET PRIDE INC 599937 05/18/2023 $1,102.67 UNIFORM EXPENSE 4040 FULL SOURCE, LLC 599938 05/18/2023 $150.00 TRAVEL & MEETINGS 4067 JOSE GARDEA 599939 05/18/2023 $5,508.00 CONTRACT SERVICES 3213 GEO-COMM INC 599940 05/18/2023 $1,091.93 VEHICLE MAINTENANCE/EXPENSES 33720 GILLIG LLC 599941 05/18/2023 $48.80 MAIL/ POSTAL EXPENSE 3167 GLS US 599942 05/18/2023 $107.04 SUPPLIES 4082 DAISY GONZALEZ
599943 05/18/2023 $3,590.39 MACHINERY & EQUIPMENTS 37480 GOSERCO INC 599944 05/18/2023 $5,010.00 CONTRACT SERVICES 2728 H & V CUSTOM OFFICE CUBICLES CORP 599945 05/18/2023 $151.04 TRAVEL & MEETINGS 4078 AMANDA JARAMILLO 599946 05/18/2023 $1,994.92 LEASE PAYMENT 2405 JCB FINANCE 599947 05/18/2023 $1,575.00 SUPPLIES 4079 JOHN JENRETTE 599948 05/18/2023 $44,243.73 CONTRACT SERVICES 2539 JL GROUP LLC 599949 05/18/2023 $1,772.93 CONTRACT SERVICES 39380 LAWRENCE ROLL-UP DOORS INC 599950 05/18/2023 $250.00 GENERAL GOVERNMENT 4076 LORI LOPEZ 599951 05/18/2023 $573.22 CONTRACT SERVICES 4810 LA COUNTY DEPT OF PUBLIC WORKS 599952 05/18/2023 $34,214.50 DUE TO LA COUNTY 692 LOS ANGELES COUNTY SUPERIOR COURT 599953 05/18/2023 $60.00 PARKS AND RECREATION 4077 GABRIEL MARTINEZ 599954 05/18/2023 $60.00 PARKS AND RECREATION 4075 MAYRA MEDINA 599955 05/18/2023 $6,454.16 CDBG - YMCA 97 YOUNG MENS CHRISTIAN ASSOC OF LOS ANGELES 599956 05/18/2023 $4,901.25 CONTRACT SERVICES 34750 MBN SERVICES INC 599957 05/18/2023 $6,600.00 CONTRACT SERVICES 3569 MYNP COM NURSING CORPORATION 599958 05/18/2023 $2,257.64 VEHICLE MAINTENANCE/EXPENSES 2480 SOCAL AUTO & TRUCK PARTS INC

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1553
From Payment Date 05/12/23 - To Payment Date 06/01/23
599959 05/18/2023 $509.84 SUPPLIES 1474 NATIONAL TRENCH SAFETY INC 599960 05/18/2023 $1,225.00 CONTRACT SERVICES 26370 NAVARROS TOWING SERVICE 599961 05/18/2023 $2,401.26 SUPPLIES 15620 OFFICE DEPOT INC 599962 05/18/2023 $415.50 RETIREMENT 42490 LINDA PAYAN
599963 05/18/2023 $20.77 UTILITY SERVICES 36610 CITY OF PICO RIVERA 599964 05/18/2023 $347.62 CONTRACT SERVICES 59760 POWER PLUS INTERNATIONAL INC 599965 05/18/2023 $425.00 TRAINING 979 PRADO FAMILY SHOOTING RANGE 599966 05/18/2023 $4,655.30 CONTRACT SERVICES 3279 PROCURE AMERICA INC 599967 05/18/2023 $507.85 UNIFORM EXPENSE 56260 PRUDENTIAL OVERALL SUPPLY 599968 05/18/2023 $10,000.00 CONTRACT SERVICES 3086 PUBLIC SECTOR PERSONNEL CONSULTANTS INC 599969 05/18/2023 $134.00 TRAINING 47640 RIVERSIDE COUNTY SHERIFFS DEPARTMENT 599970 05/18/2023 $250.00 GENERAL GOVERNMENT 4081 JESUS RODRIGUEZ 599971 05/18/2023 $10,928.92 MACHINERY & EQUIPMENTS 3987 RUNYON SURFACE PREP CO., LLC 599972 05/18/2023 $2,780.75 UTILITY SERVICES 14730 SAN GABRIEL VALLEY WATER CO 599973 05/18/2023 $250.00 GENERAL GOVERNMENT 4080 ALEXANDRIA SERNA 599974 05/18/2023 $273.90 CONTRACT SERVICES 673 SILVER & WRIGHT LLP 599975 05/18/2023 $10,952.75 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 599976 05/18/2023 $2,528.99 UTILITY SERVICES 40520 SOUTHERN CALIFORNIA GAS CO 599977 05/18/2023 $1,393.80 DUES & SUBSCRIPTIONS 4160 SOUTHERN CALIFORNIA MUNICIPAL ATHLETIC FED 599978 05/18/2023 $3,081.60 VEHICLE MAINTENANCE/EXPENSES 168 SOUTHERN COACH MFG CO INC 599979 05/18/2023 $936.50 CONTRACT SERVICES 3397 STERICYCLE INC 599980 05/18/2023 $888.94 TRAVEL & MEETINGS 4069 SUPREME EVENT SERVICES 599981 05/18/2023 $198.00 CONTRACT SERVICES 9270 TANK SPECIALIST OF CALIFORNIA 599982 05/18/2023 $3,617.46 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC 599983 05/18/2023 $788.73 SALES TAX LIABILITY 3110 TOMAS ALVARADO 599984 05/18/2023 $5,257.98 UTILITY SERVICES 72570 US TELEPACIFIC CORP 599985 05/18/2023 $300.00 CONTRACT SERVICES 387 TRANSUNION RISK AND ALTERNATIVE DATA SOLUTIONS INC 599986 05/18/2023 $535.60 RETIREMENT 27300 ROBERT C TUFANO 599987 05/18/2023 $149.00 TRAINING 2699 KIM TUNRER

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1553
From Payment Date 05/12/23 - To Payment Date 06/01/23
599988 05/18/2023 $175,046.96 CONTRACT SERVICES 1188 TYLER TECHNOLOGIES INC 599989 05/18/2023 $653.44 CONTRACT SERVICES 131 UNITED SITE SERVICES INC 599990 05/18/2023 $18,653.33 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICES LP 599991 05/18/2023 $150.00 GENERAL GOVERNMENT 4061 ADRIANNA VALENZUELA 599992 05/18/2023 $60.00 PARKS AND RECREATION 4074 DANIELA VALLE 599993 05/18/2023 $26,351.17 VEHICLE MAINTENANCE/EXPENSES 3450 VALLEY POWER SYSTEMS INC 599994 05/18/2023 $1,583.71 VEHICLE MAINTENANCE/EXPENSES 2701 VARGAS DIESEL INC 599995 05/18/2023 $400.00 OTHER GROUP INSURANCE PAYABLE 58990 VISION SERVICE PLAN 599996 05/18/2023 $581.37 SUPPLIES 9470 W W GRAINGER INC 599997 05/18/2023 $79.05 CONTRACT SERVICES 73440 WARE DISPOSAL CO INC 599998 05/18/2023 $275.63 VEHICLE MAINTENANCE/EXPENSES 25860 WAYNE HARMEIER INC 599999 05/25/2023 $95,000.00 VEHICLE PURCHASES 1700 72 HOUR LLC 600000 05/25/2023 $8,033.00 CONTRACT SERVICES 4059 A O DOWD PLUMBING INC. 600001 05/25/2023 $9,147.68 AFLAC OTHER 55860 AFLAC
600002 05/25/2023 $491.00 ADVERTISING/PRINTING SERVICES 1870 ALEX & E PARTY RENTALS 600003 05/25/2023 $11,760.00 CONTRACT SERVICES 69480 ALLTECH INDUSTRIES INC 600004 05/25/2023 $2,243.00 UTILITY SERVICES 38380 AT&T 600005 05/25/2023 $6,216.52 UTILITY SERVICES 39550 AT&T 600006 05/25/2023 $200.00 CONTRACT SERVICES 2769 KATALINA BELTRAN 600007 05/25/2023 $234.00 CONTRACT SERVICES 31160 BESTWAY DISTRIBUTING CO 600008 05/25/2023 $1,566.84 SUPPLIES 4058 BSN SPORTS
600009 05/25/2023 $59.36 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 600010 05/25/2023 $60.00 PARKS AND RECREATION 4086 LORENA CARREON 600011 05/25/2023 $103.83 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 600012 05/25/2023 $6,969.98 VEHICLE MAINTENANCE/EXPENSES 45170 MONTEBELLO AUTO GROUP LLC 600013 05/25/2023 $386.41 CONTRACT SERVICES 36870 CINTAS CORPORATION NO 3 600014 05/25/2023 $220.00 CONTRACT SERVICES 3204 COASTAL OCCUPATIONAL MEDICAL GROUP 600015 05/25/2023 $308.92 SUPPLIES 2455 HASA, INC.
600016 05/25/2023 $5,000.00 DUES & SUBSCRIPTIONS 4050 CONFERENCE OF MINORITY TRANSPORTATION OFFICIALS

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1553
From Payment Date 05/12/23 - To Payment Date 06/01/23
600017 05/25/2023 $10,500.00 CONTRACT SERVICES 3273 COUSYN GRADING & DEMOLITION INC 600018 05/25/2023 $525.00 CONTRACT SERVICES 2759 D F POLYGRAPH 600019 05/25/2023 $122.29 CONTRACT SERVICES 1894 ECONOMY RENTAL INC 600020 05/25/2023 $891.42 CONTRACT SERVICES 3982 EVERNOTH CARE SOLUTIONS, INC 600021 05/25/2023 $2,314.93 SUPPLIES 7610 EWING IRRIGATION PRODUCTS 600022 05/25/2023 $122.66 MAIL/ POSTAL EXPENSE 22400 FEDERAL EXPRESS CORPORATION 600023 05/25/2023 $342.12 VEHICLE MAINTENANCE/EXPENSES 29160 FORD OF MONTEBELLO 600024 05/25/2023 $295.51 VEHICLE MAINTENANCE/EXPENSES 33720 GILLIG LLC 600025 05/25/2023 $10,024.80 CONTRACT SERVICES 33460 GOODYEAR TIRE & RUBBER COMPANY 600026 05/25/2023 $250.00 GENERAL GOVERNMENT 4085 GREATER EAST L.A. AREA CONVENTION 600027 05/25/2023 $250.00 GENERAL GOVERNMENT 4087 SOPHIA GUTIERREZ 600028 05/25/2023 $1,757.77 CONTRACT SERVICES 4036 HARBINGER HORIZON 600029 05/25/2023 $250.00 CONTRACT SERVICES 4066 LEONEL HERNANDEZ 600030 05/25/2023 $26,940.92 CONTRACT SERVICES 48120 HINDERLITER DE LLAMAS & ASSOCIATES 600031 05/25/2023 $443.15 VEHICLE MAINTENANCE/EXPENSES 582 HYDRAULIC ELECTRIC INC 600032 05/25/2023 $7,253.91 VEHICLE MAINTENANCE/EXPENSES 27480 R & M HANSEN ENT INC 600033 05/25/2023 $886.41 SAFETY PROGRAM 1169 JCM AND ASSOCIATES INC 600034 05/25/2023 $50.00 CONTRACT SERVICES 4088 VERONICA KAWAMURA 600035 05/25/2023 $903.00 CONTRACT SERVICES 3716 KOA CORPORATION 600036 05/25/2023 $247.60 CONTRACT SERVICES 3035 LA COUNTY SHERIFF'S DEPARTMENT 600037 05/25/2023 $1.00 MISCELLANEOUS REVENUE 513 LOS ANGELES SUPERIOR COURT 600038 05/25/2023 $12,750.87 CONTRACT SERVICES 3489 MARK THOMAS & COMPANY INC 600039 05/25/2023 $750.00 DUES & SUBSCRIPTIONS 2355 MONTEBELLO ROTARY CLUB 600040 05/25/2023 $237.59 SUPPLIES 1474 NATIONAL TRENCH SAFETY INC 600041 05/25/2023 $252.11 SUPPLIES 15620 OFFICE DEPOT INC 600042 05/25/2023 $40.73 UNIFORM EXPENSE 832 FERNANDO PELAEZ 600043 05/25/2023 $40.00 CARPOOL INCENTIVE 65330 WENDY PEREZ 600044 05/25/2023 $1,096.76 CONTRACT SERVICES 51 PODS ENTERPRISES LLC 600045 05/25/2023 $1,320.00 CONTRACT SERVICES 42750 PSYCHOLOGICAL CONSULTING ASSOC., INC.

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1553
From Payment Date 05/12/23 - To Payment Date 06/01/23
600046 05/25/2023 $19,498.00 CONTRACT SERVICES 3943 R&S OVERHEAD DOORS OF COMMERCE, INC. 600047 05/25/2023 $300.00 CONTRACT SERVICES 1681 JAIME RODRIGUEZ 600048 05/25/2023 $5,914.51 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 600049 05/25/2023 $7,458.28 UTILITY SERVICES 40520 SOUTHERN CALIFORNIA GAS CO 600050 05/25/2023 $858.39 FRINGE BENEFITS 1990 STANDARD INSURANCE COMPANY 600051 05/25/2023 $20,257.98 FRINGE BENEFITS 25850 STANDARD INSURANCE COMPANY 600052 05/25/2023 $360.00 CONTRACT SERVICES 6020 STRADLING YOCCA CARLSON & RAUTH 600053 05/25/2023 $184.00 CONTRACT SERVICES 3762 SUPERIOR PROTECTION SERVICES CA INC 600054 05/25/2023 $6,943.20 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC 600055 05/25/2023 $2,110.00 CONTRACT SERVICES 65440 TIERRA WEST ADVISORS 600056 05/25/2023 $826.53 SUPPLIES 45120 ULINE INC
600057 05/25/2023 $16,268.53 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICES LP 600058 05/25/2023 $26,450.00 CONTRACT SERVICES 3898 URBAN FUTURES, INC. 600059 05/25/2023 $7,217.44 COPIER REPAIR/SERVICES 2747 US BANK EQUIPMENT FINANCE 600060 05/25/2023 $663.00 VEHICLE MAINTENANCE/EXPENSES 2701 VARGAS DIESEL INC 600061 05/25/2023 $11,509.17 CONTRACT SERVICES 191 VECTOR RESOURCES INC 600062 05/25/2023 $165.00 CONTRACT SERVICES 4089 MONICA VELASQUEZ 600063 05/25/2023 $457.68 UTILITY SERVICES 23610 VERIZON WIRELESS 600064 05/25/2023 $770.00 OTHER GROUP INSURANCE PAYABLE 58990 VISION SERVICE PLAN 600065 05/25/2023 $390.00 CONTRACT SERVICES 3572 JIM WARINO 600066 05/25/2023 $7,485.75 VEHICLE MAINTENANCE/EXPENSES 25860 WAYNE HARMEIER INC 600067 05/25/2023 $6,435.00 CONTRACT SERVICES 40860 WEST COAST ARBORISTS INC 600068 05/25/2023 $1,565.55 SUPPLIES 67320 WINZER
600069 05/25/2023 $55.00 CONTRACT SERVICES 3006 ASBURY ENVIRONMENTAL SERVICES 600070 05/25/2023 $140.43 SUPPLIES 2905 ZUTRA WATER
600071 06/01/2023 $4,860.00 VEHICLE MAINTENANCE/EXPENSES 3333 A & A FLEET PAINTING INC 600072 06/01/2023 $3,632.00 CONTRACT SERVICES 3824 AAA RENTS AND EVENTS INC 600073 06/01/2023 $4,004.36 UTILITY SERVICES 1732 AT&T CORP 600074 06/01/2023 $382.10 TRAVEL & MEETINGS 2534 LETICIA ANTUNA

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1553
From Payment Date 05/12/23 - To Payment Date 06/01/23
600075 06/01/2023 $166.95 UTILITY SERVICES 39550 AT&T
600076 06/01/2023 $54.99 UTILITY SERVICES 39550 AT&T
600077 06/01/2023 $18,725.00 CONTRACT SERVICES 3953 BANNER BANK 600078 06/01/2023 $85.86 TRAVEL & MEETINGS 4097 DANIEL BARAJAD 600079 06/01/2023 $13,000.00 DUES & SUBSCRIPTIONS 32970 CALIFORNIA TRANSIT ASSOCIATION 600080 06/01/2023 $600.00 CONTRACT SERVICES 4092 CAPRI GLASS INC. 600081 06/01/2023 $2,949.91 VEHICLE MAINTENANCE/EXPENSES 45170 MONTEBELLO AUTO GROUP LLC 600082 06/01/2023 $386.41 CONTRACT SERVICES 36870 CINTAS CORPORATION NO 3 600083 06/01/2023 $3,720.28 VEHICLE MAINTENANCE/EXPENSES 1461 CREATIVE BUS SALES INC 600084 06/01/2023 $736.20 CONTRACT SERVICES 11990 CUMMINS ALLISON CORP 600085 06/01/2023 $1,405.54 VEHICLE MAINTENANCE/EXPENSES 950 CUMMINS INC 600086 06/01/2023 $150.00 ADVERTISING/PRINTING SERVICES 1354 DAILY JOURNAL CORPORATION 600087 06/01/2023 $1,750,000.00 SETTLEMENTS 4091 DOUGLAS HICKS LAW APC 600088 06/01/2023 $1,652.85 SUPPLIES 7610 EWING IRRIGATION PRODUCTS 600089 06/01/2023 $2,852.50 VEHICLE MAINTENANCE/EXPENSES 29160 FORD OF MONTEBELLO 600090 06/01/2023 $386.39 SUPPLIES 55650 GALLS LLC
600091 06/01/2023 $5,912.50 CONTRACT SERVICES 2728 H & V CUSTOM OFFICE CUBICLES CORP 600092 06/01/2023 $2,800.00 CONTRACT SERVICES 3480 JEFFREY ALAN TRAVIS 600093 06/01/2023 $414.00 UNIFORM EXPENSE 3507 MARK KIM 600094 06/01/2023 $757.10 CONTRACT SERVICES 1244 LOS ANGELES COUNTY AGRICULTURAL 600095 06/01/2023 $5,583.24 CONTRACT SERVICES 4810 LA COUNTY DEPT OF PUBLIC WORKS 600096 06/01/2023 $2,158.55 VEHICLE MAINTENANCE/EXPENSES 2480 SOCAL AUTO & TRUCK PARTS INC 600097 06/01/2023 $325.00 CONTRACT SERVICES 26370 NAVARROS TOWING SERVICE 600098 06/01/2023 $6,458.00 CONTRACT SERVICES 25080 GOVERNMENTJOBS COM INC 600099 06/01/2023 $240.00 CONTRACT SERVICES 3720 ANGEL NOLASCO OIDOR 600100 06/01/2023 $1,422.27 SUPPLIES 15620 OFFICE DEPOT INC 600101 06/01/2023 $57.00 TRAVEL & MEETINGS 832 FERNANDO PELAEZ 600102 06/01/2023 $8,849.76 CONTRACT SERVICES 3279 PROCURE AMERICA INC 600103 06/01/2023 $1,029.49 UNIFORM EXPENSE 56260 PRUDENTIAL OVERALL SUPPLY

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1553
From Payment Date 05/12/23 - To Payment Date 06/01/23
600104 06/01/2023 $180.00 CONTRACT SERVICES 3749 JONATHAN RAYGOZA 600105 06/01/2023 $1,425.00 CONTRACT SERVICES 2459 OSAEL ROMERO 600106 06/01/2023 $2,587.26 UTILITY SERVICES 14730 SAN GABRIEL VALLEY WATER CO 600107 06/01/2023 $870.00 CONTRACT SERVICES 3201 SIMPLY BACKFLOW INC 600108 06/01/2023 $19,175.46 NOTES PAYABLE 45630 SOUTHERN CALIFORNIA EDISON 600109 06/01/2023 $1,251.73 VEHICLE MAINTENANCE/EXPENSES 168 SOUTHERN COACH MFG CO INC 600110 06/01/2023 $4,859.20 CONTRACT SERVICES 3871 SUNPRO PAINTING & CONSTRUCTION INC 600111 06/01/2023 $3,272.90 CONTRACT SERVICES 3921 SUSTAINABLE RESOURCES 600112 06/01/2023 $16,742.87 UTILITY SERVICES 526 T-MOBILE USA INC 600113 06/01/2023 $1,105.68 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC 600114 06/01/2023 $10,000.00 CONTRACT SERVICES 2699 KIM TUNRER 600115 06/01/2023 $284.67 CONTRACT SERVICES 131 UNITED SITE SERVICES INC 600116 06/01/2023 $16,766.72 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICES LP 600117 06/01/2023 $5,055.00 CONTRACT SERVICES 40860 WEST COAST ARBORISTS INC 600118 06/01/2023 $11,764.99 CONTRACT SERVICES 3731 YUNEX LLC 600119 06/01/2023 $924.34 SUPPLIES 2522 SIGTRONICS CORPORATION 600120 06/01/2023 $535.60 RETIREMENT 27300 ROBERT C TUFANO 600121 06/01/2023 $74,200.31 VEHICLE PURCHASES 45170 MONTEBELLO AUTO GROUP LLC CHECK TOTAL $2,943,268.17
Successor Agency (SA)
15 05/25/2023 $195.30 CONTRACT SERVICES 16120 ALVAREZ-GLASMAN & COLVIN SA TOTAL $195.30
GRAND TOTAL $5,776,902.09

EXHIBIT

CITY OF MONTEBELLO FORECASTED AGENDA
NOTE: The attached exhibit is a draft version that is to be used for reference purposes only; agenda items, information, and dates are subject to change. The exhibit will be placed at the end of the Agenda Packet.

Item # Description Session Department Presenter
MCAP Quarterly Update Presentation Fire Chief Pelaez/Angélica Palmeros Fire Recognition of SIR 4/13/23 Incident Presentation Fire Chief Pelaez/Angélica Palmeros Refuse Rate Assessment Public Hearing Finance Michael Solorza Sewer System Management Plan Consent Public Works James Enriquez Annual Reporting of Military Use Equipment Consent Police Chief Espinosa Award an Agreement for CAD/AVL system Consent Transit Adrianna Kendricks Agr No. _____ with CoStar Consent Planning Joseph Palombi Issue an RFP for Golf Course Management Consent Parks & Rec David Sosnowski Issue RFP for PD Security Cameras Consent Police Chief Espinosa Resolution to Accept Cannabis Tax Fund Grant Program Funding Consent Police Chief Espinosa Acquisition and Lease Financing of Two Fire Engines (Pumpers) and Related Rescue Equipment and Staffing Approval Consent Fire Chief Pelaez/Angélica Palmeros Agr. No. _____ with Care Solace Consent Fire Chief Pelaez/Angélica Palmeros Minutes Consent. Admin ACM Salazar
Reso No. ___ Warrant Register Consent. Finance Michael Solorza City Council Forecasted Agenda Calendar
JUNE 28TH