CITY OF MONTEBELLO
CITY COUNCIL
REGULAR MEETING
WEDNESDAY, SEPTEMBER 13, 2023 AT 6:00 PM
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
CITY COUNCIL
David N. Torres, Mayor
Scarlet Peralta, Mayor Pro Tem
Angie M. Jimenez, Councilmember
Salvador Melendez, Councilmember
Georgina Tamayo, Councilmember
ACTING CITY MANAGER
Arlene Salazar
CITY TREASURER
David Matanga
CITY ATTORNEY
Arnold M. Alvarez-Glasman
CITY CLERK
Christopher Jimenez
DEPARTMENT HEADS
Fire Chief
Police Chief
Director of Finance
Director of Human Resources
Director of Planning/Community Development
Acting Director of Public Works
Director of Recreation and Community Services
Director of Transportation
Fernando Pelaez
Paul Espinosa
Michael Solorza
Nicholas Razo
Joseph Palombi
Rita Montalvo
David Sosnowski
Adrianna Kendricks
September 13, 2023: City Council Meeting Page 2 of 7
NOTICES
This City Council Meeting ("Council") will be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California. The meeting will be live streamed and can be watched on the City’s website and YouTube Channel via the following link: https://www.montebelloca.gov, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1437 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 72 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室.
RULES OF DECORUM:
Pursuant to Section 54957.95 of the Government Code, the presiding member of the legislative body conducting a meeting, or their designee, is authorized to remove, or cause the removal of, an individual for disrupting the meeting.
Any such removal will be preceded by a warning to the disruptive individual by the presiding member of the legislative body or their designee that the individual’s behavior is disrupting the meeting and that the individual’s failure to promptly cease their disruptive behavior may result in their removal.
PUBLIC COMMENTS:
In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council meetings, you may address the City Council in person only the day of the meeting.
Speakers will be required to fill out a speaker card provided at the door and submit it to City Clerk staff prior to each Public Comment announcement period. Staff will number and call each speaker card in the order received. Closed Session begins at 6:00 p.m. and Regular Session begins immediately thereafter; if there is no Closed Session, Regular Session will begin at 6:00 p.m.
AGENDA MATERIALS: The agenda and/or agenda packet are available for public inspection at City’s website at:
Agendas, Minutes, and Videos,
September 13, 2023: City Council Meeting Page 3 of 7
IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS
THANK YOU FOR YOUR COOPERATION
OPENING CEREMONIES
CALL TO ORDER - 6:00 P.M.
ROLL CALL
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.
CLOSED SESSION
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:
1. CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
Agency Negotiators: Arlene Salazar, Acting City Manager; Nicholas Razo, Director of Human Resources Employee Organization: SMART-TD
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Significant exposure to litigation in one matter related to a claim presented by Infrastructure Engineers
3. PUBLIC EMPLOYEE APPOINTMENT
Government Code Section 54957
Position: City Manager
REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION
CLOSED SESSION REPORT
INVOCATION
PLEDGE OF ALLEGIANCE
CORRECTIONS TO THE AGENDA - ACTING CITY MANAGER
CEREMONIAL ITEMS/PRESENTATIONS
4. CITIZEN OF THE MONTH - SANDRA SAGE
5. NATIONAL HISPANIC HERITAGE MONTH
6. NATIONAL PREPAREDNESS MONTH
7. SUICIDE PREVENTION WEEK
September 13, 2023: City Council Meeting Page 4 of 7
8. RECOGNITION OF NEWLY HIRED FIRE PARADEMICS
9. CHECK PRESENTATION TO THE MONTEBELLO CHAMBER OF COMMERCE 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.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
PUBLIC HEARING
10. ADOPT RESOLUTION NO. 23-63 APPROVING THE FISCAL YEAR 2022-23 CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT (CAPER)
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 23-63 approving the Fiscal Year 2022-23 draft Consolidated Annual Performance and Evaluation Report (CAPER) and authorizing the City Manager, or their designee to submit the report to HUD; and
2. Take such additional, related action that may be desirable.
REGULAR BUSINESS
11. OBJECTIVE DEVELOPMENT STANDARDS
RECOMMENDATION: It is recommended that the City Council:
1. Receive and file this report and presentation from AECOM (project consultant) regarding the implementation of the Southern California Association of Governments (SCAG) Objective Development Standards (ODS) project and provide feedback to City staff related to implementing the standards into the Montebello Municipal Code (MMC); and
2. Take such additional, related, action that may be desirable.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a 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.
12. SECOND READING OF ORDINANCE NO. 2465 APPROVING A ZONE CODE AMENDMENT (“ZCA”) MODIFYING THE MONTEBELLO MUNICIPAL CODE (“MMC”) TO ESTABLISH AN ART IN PUBLIC PLACES PROGRAM, MODIFICATION TO MMC SECTION 17.62.050 TO REMOVE “MURALS” FROM THE LIST OF PROHIBITED SIGNS, AND ADOPTION OF A CEQA EXEMPTION UNDER § 15061(B)(3)
RECOMMENDATION: It is recommended that the City Council:
September 13, 2023: City Council Meeting Page 5 of 7
1. Hold second reading to Approve the Zone Code Amendment (ZCA) No. PC-2021-0005-ZCA to establish an Art in Public Places Program; and
2. Waive second reading and adopt Ordinance No. 2465 establishing an Art in Public Places Program; and amending Section 17.62.050 of the Montebello Municipal Code (“MMC”) to remove “murals” from the list of prohibited signs; and
3. Find and determine the ZCA and Art in Public Places Program to be statutorily exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) considering that CEQA only applies to projects which have the potential for causing a significant effect on the environment; and
4. Take such additional, related, action that may be desirable.
13. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4129 WITH SCS ENGINEERS FOR
ENVIRONMENTAL ENGINEERING SERVICES FOR TECHNICAL REVIEW AND ANALYSIS OF THE
BROWNFIELD OVERLAY DISTRICT/CHAPIN ROAD LANDFILL AREA
RECOMMENDATION: It is recommended that the City Council:
1. Approve Professional Services Agreement No. 4129 with SCS Engineers for Environmental Engineering Services for Technical Review and Analysis of the Brownfield Overlay District/Chapin Road Landfill Area;
2. Authorize the Acting City Manager to execute Professional Services Agreement No. 4129 with SCS Engineers for an amount not-to-exceed $125,000; and
3. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $125,000 in Account No.100-50- 500-6040.80 (General Fund, Community Development, Administration, Engineering Services); and
4. Take such additional, related, actions that may be desirable.
14. APPROVE AGREEMENT NO. 4126 WITH WAXIE ENTERPRISES, INC. FOR CITYWIDE JANITORIAL
SUPPLIES
RECOMMENDATION: It is recommended that the City Council:
1. Award a Professional Service Agreement to Waxie’s Enterprises, Inc., dba WAXIE Sanitary Supply in an amount not-to-exceed $300,000 over three (3) years with the option to extend up to two (2) additional years; and
2. Authorize the Acting City Manager to execute the Professional Service Agreement, on behalf of the City; and
3. Take such additional, related action that may be desirable.
15. AMEND THE FISCAL YEAR 2023-24 TABLE OF ORGANIZATION/MASTER POSITION CONTROL TO ADD EIGHTEEN (18.0) "FIREFIGHTER/PARAMEDIC" FULL-TIME EQUIVALENT POSITIONS
RECOMMENDATION: It is recommended that the City Council:
1. Amend the Fiscal Year 2023-24 Table of Organization/Master Position Control to add eighteen (18) "Firefighter/Paramedic" Full-Time Equivalent Positions; and
2. Take such additional, related action that may be desirable.
16. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4163 WITH JACOB GREEN & ASSOCIATES (RFP 23-10) TO PREPARE A LOCAL HAZARD MITIGATION PLAN
RECOMMENDATION: It is recommended that the City Council:
1. Approve Professional Services Agreement No. 4163 with Jacob Green & Associates to prepare a Local Hazard Mitigation Plan (LHMP); and
2. Authorize the Acting City Manager to execute an Agreement on behalf of the City: and
3. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $85,000 in Account No. 100-85- 850-6040.95 (General Fund, Fire, Fire Administration, Other Professional Services); and
4. Take such additional, related, action that may be desirable.
September 13, 2023: City Council Meeting Page 6 of 7
17. APPROVE ISSUING REQUEST FOR PROPOSALS (RFP) 24 – 5 FOR PUBLIC SAFETY VIDEO CAMERA
SYSTEM UPGRADES
RECOMMENDATION: It is recommended that the City Council:
1. Authorize issuing a Request for Proposals No. 24-5 (RFP) for Public Safety Video Camera Systems Upgrades; and
2. Take such additional, related action that may be desirable.
18. ADOPT RESOLUTION NO. 23-64 AUTHORIZING THE DIRECTOR OF FINANCE TO SUBMIT A CLAIM FOR
FUNDING PROVIDED BY THE TRANSPORTATION DEVELOPMENT ACT THROUGH THE LOCAL TRANSPORTATION FUND AND THE STATE TRANSIT ASSISTANCE FUND FOR FISCAL YEAR 2023-2024
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 23-64 authorizing the Director of Finance to submit a claim for funding provided by the Transportation Development Act (TDA) through the Local Transportation Fund and the State Transit Assistance Fund for Fiscal Year 2023-24; and
2. Take such additional, related action that may be desirable.
19. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-67 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED SEPTEMBER 13, 2023
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 23-67 approving the Warrant Register dated September 13, 2023.
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).
COUNCIL/AGENCY ORALS
Announcements and requests for future agenda items.
• Salvador Melendez, Councilmember
• Georgina Tamayo, Councilmember
• Scarlet Peralta, Mayor Pro Tem
• Angie M. Jimenez, Councilmember
• David N. Torres, Mayor
1. Request for council consensus directing staff to establish a communications policy on the use of artificial intelligence platforms like ChatGPT for communications.
2. Request for council consensus to declare October 1 National Latino/Latina Physician Day.
3. Request for council consensus directing staff to research and suggest alternatives to glyphosate for the maintenance of city properties.
4. Request for council consensus directing staff to study and create a plan to update business license fees.
5. Statements on Beverly Hospital acquisition by Adventist Health/White Memorial.
September 13, 2023: City Council Meeting Page 7 of 7
CLOSED SESSION - CONTINUED
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on September 27, 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, September 10, 2023, no later than 6:00 p.m.
Kimberly Guillen, Acting Senior Deputy City Clerk
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
ITEM # 10
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Joseph Palombi, Director of Planning & Community Development
SUBJECT: ADOPT RESOLUTION NO. 23-63 APPROVING THE FISCAL YEAR 2022-23 CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER)
DATE: September 13, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Adopt Resolution No. 23-63 approving the Fiscal Year 2022-23 draft Consolidated Annual Performance and Evaluation Report (CAPER) and authorizing the City Manager, or their designee to submit the report to HUD; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The submission of the CAPER is a condition imposed by the United States Department of Housing and Urban Development ("HUD") that allows the City of Montebello to continue to receive federal funds. There is no fiscal impact related to the recommended actions.
BACKGROUND/DISCUSSION:
HUD provides annual funding to the City for Housing and Community Development Programs, specifically Community Development Block Grant (“CDBG”) and Home Investment Partnerships (“HOME”) Program funds. The City is required to submit the Fiscal Year 2022-23 Consolidated Annual Performance and Evaluation Report (“CAPER”) to HUD to provide a summary of activities for the period beginning July 1, 2022 through June 30, 2023. The Fiscal Year 2022-23 CAPER (please see Attachment B) describes the use of funds to further meet the needs of low- and moderate-income persons and households that were described in the Five-Year 2020-25 Consolidated Plan
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 13, 2023
and further identified in the Fiscal Year 2022-23 Action Plan. It is important to note that the CAPER is due to HUD on or before September 28, 2023.
As required by HUD, the draft CAPER was publicly noticed and made available for public review and comment on the City’s website beginning August 3, 2023, through August 23, 2023. At the meeting of August 23, 2023, the Mayor requested to move the item to a subsequent meeting. Therefore, the draft CAPER was publicly noticed a second time from August 29, 2023 to September 13, 2023.
The draft CAPER was made available at the following link:
https://www.montebelloca.gov. It is also available for public review at City Hall in the Planning and Community Development Department, located at:
1600 W. Beverly Blvd.
Montebello, CA 90640
ENVIRONMENTAL:
There is no potential for any environmental impacts associated with this action.
ANALYSIS:
CDBG: All activities funded by the City through the CDBG Program must meet one (1) of the following three (3) national objectives:
1. Benefit low-and-moderate-income persons as defined by federal statutes;
2. Prevent or eliminate slums or blight; or
3. Address a community development urgent need posing a severe and immediate threat to the health or welfare of the community.
The federal statutes for the various grant programs covered by the CAPER include several basic goals. These goals relate to HUD’s major commitments and priorities, as established by the United States Congress, covering the following three (3) major areas:
1. Provide decent housing by assisting the homeless in obtaining appropriate housing; preserve the affordable housing stock; increase the availability of permanent housing that is affordable for low-income households without discrimination, and increase the supply of supportive housing for those with special needs;
2. Provide suitable living environment by improving the safety and livability of neighborhoods; reduce the income groups within an area through decentralization of housing opportunities and revitalization of deteriorating neighborhoods; restore and preserve properties of special architectural, historical, or aesthetic value, and conserve energy resources; and
3. Expand economic opportunities by creating jobs accessible to low-income persons; provide access for low-income households to mortgage financing and credit for development activities that promote long-term community viability and
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 13, 2023
empower low-income persons to achieve self-sufficiency to reduce poverty in federally assisted and public housing.
The CAPER for Fiscal Year 2022-23 reports the accomplishments of the CDBG-funded programs within the City. The following is intended to provide a summarized list of accomplishments for the period beginning July 1, 2022, through June 30, 2023:
• 140 tenant/landlord issues were resolved via the Fair Housing program • 184 persons were assisted via public services through the youth employment program, YMCA services and Heart of Compassion food distribution services • Reconciled Program Income for CDBG and HOME
As of the writing of this report, the City has not received any public comments regarding the CAPER for Fiscal Year 2022-23.
SUMMARY:
It is recommended that the City Council conduct a public hearing to allow members of the public to provide comment on the Fiscal Year 2022-23 CAPER; and subsequently adopt Resolution No. 23-63 authorizing the City Manager, or his or her designee, to submit to HUD the City’s Fiscal Year 2022-23 CAPER.
ATTACHMENT(S)
1. ATTACHMENT A - Resolution No. 23-63 - CAPER 2022-2023
2. ATTACHMENT B - 2022-2023 Montebello CAPER (DRAFT)
3. ATTACHMENT C - Proof of Publication for 2022-2023 CAPER
NEXT STEPS:
N/A
ATTACHMENT A
RESOLUTION NO. 23-63
A RESOLUTION TO THE CITY COUNCIL OF THE CITY OF MONTEBELLO,
APPROVING AND AUTHORIZING THE CITY MANAGER, OR HIS OR HER DESIGNEE, TO SUBMIT TO HUD THE CITY’S FISCAL YEAR (FY) 2022-2023
CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER)
RECITALS
WHEREAS, the City of Montebello (“City”) has applied 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, HUD requires that the entitlement jurisdictions, including the City, complete an annual evaluation of their grants programs through a report known as the Consolidated Annual Performance and Evaluation Report (“CAPER”); and WHEREAS, City staff published a notice announcing the availability of the CAPER in the Montebello News on August 3, 2023, triggering a 20-day public comment period of the report; and
WHEREAS, On August 23, 2023, the City Council held a duly notice public hearing to consider the program year 2022-2023 CAPER.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: The City Council hereby declares that the above recitals are true and correct and incorporated herein by reference.
SECTION 2: The City Council hereby authorizes the City Manager, or his or her designee, to submit the City’s FY 2022-2023 CAPER to HUD.
SECTION 3: The City Council hereby allows staff to make minor technical and clerical modification, and/or necessary corrections to the CAPER as required by HUD.
SECTION 4: The City Clerk shall certify to the adoption of this Resolution which shall be effective upon its adoption.
RESOLUTION NO. 23-63
APPROVED, AND ADOPTED this 23rd day of August 2023.
David 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. 23-63 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 23rd day of August 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
CONSOLIDATED ANNUAL
PERFORMANCE
AND
EVALUATION REPORT (CAPER)
DRAFT
July 1, 2022 – June 30, 2023
Planning and Community Development Department
Housing Division
1600 West Beverly Blvd.
Montebello, CA 90640
ATTACHMENT B
Table of Contents
C
R-05 - Goals and Outcomes ..................................................................................................................................................................................... 1 CR-10 - Racial and Ethnic composition of families assisted ....................................................................................................................................... 5 CR-15 - Resources and Investments 91.520(a) .......................................................................................................................................................... 6 CR-20 - Affordable Housing 91.520(b) ..................................................................................................................................................................... 12 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) ................................................................................................. 15 CR-30 - Public Housing 91.220(h); 91.320(j) ............................................................................................................................................................ 18 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) ..................................................................................................................................................... 19 CR-40 - Monitoring 91.220 and 91.230 .................................................................................................................................................................... 23 CR-45 - CDBG 91.520(c) ........................................................................................................................................................................................... 25 C
R-50 - HOME 24 CFR 91.520(d) .............................................................................................................................................................................. 26 CR-58 – Section 3 ..................................................................................................................................................................................................... 28
CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
During the course of each year, the City of Montebello (City) receives Community Development Block Grant Program (CDBG) Entitlement funds and HOME Investment Partnerships (HOME) entitlement funds from the United States Department of Housing and Urban Development (HUD).
In the fiscal year 2022-2023, the City received $670,421 in CDBG Entitlement funds and $341,617 in HOME Entitlement Funds.
It should be noted that the City continued to participate in the Coronavirus Aid, Relief, and Economic Security (CARES) Act during this fiscal year, which was enacted into law on March 27, 2020. The CDBG-CV funds were allocated in the FY 2020-2021 Annual Action Plan. The FY 2020-2021 Annual Action Plan has been modified by two Substantial Amendments that have been made to the initial activities and allocated amounts intended to be undertaken with the CDBG-CV funds.
In this CAPER, we review the City's specific accomplishments with the CDBG Entitlement funds over the last program year (July 1, 2022 through June 30, 2023), and we examine the City's achievements with the CDBG-CV funds over the past fiscal years (FY 2020-2021, FY 2021-2022, and FY 2022-2023). The report summarizes the progress that has been made by the City in implementing the goals and objectives outlined in the five- year Consolidated Plan for the years 2020-2025.
There are specific objectives, outcomes, and metrics that have been developed by the City of Montebello under each category of priority needs listed in the 2020-2025 Consolidated Plan in regards to each goal category. The goal descripitions are as follows:
• Administration: Planning and Administration provides funds for program and project delivery, general operation and administration of CDBG and HOME funds as well as planning and support for CHDO. • Fair Housing: The City will continue to collaborate with entities that provide assistance for families and individuals seeking counseling and or legal solutions to fair housing, and discrimination problems. • Housing: Provide funding for the development of new affordable housing for low- and moderate-income families. Fund housing solutions that may include programs that increase homeownership, housing improvements for special needs populations, support integrated housing solutions and plans, and reduce barriers to affordable housing consistent with the City’s Analysis for Impediment to Fair Housing Choice. Provide funding for programs for owner–occupied housing rehabilitation including activities related to home
CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
improvements, energy efficiency, structural improvements, and/or other home sustainability projects. • Economic Development: Provide funding for projects such as: Commercial Façade Program for economic development. The city will provide economic development opportunities to improve the physical condition of the existing commercial buildings located in the Target Areas. This will help the city to restore economic vitality. • Public Service: Provide needed public services that assist individuals and families in the following ways: services for children, youth, senior and special needs services, nutrition, and preventative health services, supplemental food/clothing assistance and other vital social services.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Create sustainable
neighborhoods
Non-Housing
Community
Development
CDBG:
$85,299
Facade
treatment/business
building
rehabilitation
Business 0 1 0% 4 1
25.00%
Expanding
Economic
Opportunities
Non-Housing
Development
CDBG:
$480,467
Section 108 Loan Other 0 0 0% $480,467 $480,467 100.00% Expand fair
housing choice
and access
Public services CDBG:
$20,000 Other (HRC) Persons
Assisted 500 0
0.00% 140 140 100%
CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
Increase earning
capacity for LMI
families
Non-Housing
Economic
Development
CDBG:
$40,000
Public service
activities other
than
Low/Moderate
Income Housing
Benefit (YEP)
Persons
Assisted 0 21 0.00% 18 21 103%
Provide Vital
Public Service
Homeless Non-
Housing
Community
Development
CDBG:
$55,000
Public Service
(YMCA-HOC) Other 48 0
0.00% 163 163 100%
Maintain decent
and energy
efficient housing
stock
Affordable
Housing
Non-Homeless
Special Needs
CDBG: $0
HOME:
$906,682.52
Homeowner
Housing
Rehabilitated
Household
Housing
Unit
15 0
0.00% 10 0
0.00%
Planning and
Administration
Program
Administration
CDBG: $
145,191.55
HOME: $
100,742.50
CDBG-CV: $
Carryover
amount
Other Other 1 0
0.00% N/A N/A N/A
Table 1 - Accomplishments – Program Year & Strategic Plan to Date
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
With a commitment to serving the needs of its residents, the City of Montebello has continued to provide housing and public service programs as part of its efforts to address those needs. According to the City's 2020-2025 Consolidated Plan, the City prioritizes preserving affordable housing, ensuring equal access to housing opportunities, providing public services to low-income residents, improving infrastructure and public facilities, rehabilitating commercial properties, and promoting economic development as its top priorities. There are a number of high needs
CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
within the City that City Council has been tasked with assessing and making recommendations on, as part of their role, taking into account the available resources and the objectives outlined in the City's Consolidated Plan.
In the 2022-2023 Action Plan, the goals of the Five-Year Consolidated Plan were reflected based on the goals of the 2020-2025 Consolidated Plan, which represented incremental steps towards achieving these goals. As part of the 2020-2025 Consolidated Plan, this year is the third year of program year 2022-2023. There was continued implementation of CDBG and HOME funded programs that served the needs of Montebello's senior, youth, homeless, low- and moderate-income families, and other special needs populations, including those those with disabilities. Also with the assistance of CDBG funding, the City is working toward rehabilitating their public facilities, which is an important priority for the City in the near future.
Besides receiving CDBG funds, the City also received supplemental funding from the CDBG Coronavirus (CDBG-CV) program, which has been included in the City's Annual Action Plan for 2020-2021. The majority of funds provided through the CDBG program were used to benefit low- and moderate-income individuals and families. In order to achieve each of the three national objectives, all CDBG funds allocated to the City were used exclusively for one or more of them.
As part of the CDBG-Coronavirus (CDBG-CV) program, Montebello received a total of $910,151 in supplemental CDBG-Coronavirus (CDBG-CV) funds for use in preparation for, preventing, and responding to the Coronavirus pandemic (COVID-19). An amendment was made to the City's 2020-2021 Annual Action Plan as part of its effort to utilize the CDBG-CV funds. By the end of 2023, all funds allocated to the CDBG-CV program should be fully utilised for activities related to the program that are currently in progress.
CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG HOME
White 72 0
Black or African American 3 0
Asian 39 0
American Indian or American Native 1 0
American Indian or American Native White 1 0
Native Hawaiian or Other Pacific Islander 0 0
Other: Multi-Racial 68 0
Total 184 0
Hispanic 103 0
Not Hispanic 81 0
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Narrative
According to the above breakdown of race and ethnicity, this breakdown is based on public service activities that took place during the fiscal year 2022-2023. As part of the breakdown, we include the following:
1. Youth Employment Program: provides subsidized employment and workforce development opportunities to youth. The program exceeded the goal of assisting 18 youth with employment.
This program assisted a total of 21 youth with employment.
2. Y MCA : provided food distribution services to 49 seniors
3. Heart of Compassion: provided food distribution services to 114 households to prevent food insecurity.
An additional service that provides fair housing services to residents to prevent discrimination, provides referrals, investigations, case management, and litigation, and resolve landlord tenant disputes is provided by the Housing Rights Center. Approximatley 140 people were provided services through this program. This amount is in addition to the 184 persons listed on the chart above.
Regarding HOME funds, none were expended during the 2022-2023 fiscal year therefore, no beneficieries are listed in the chart above.
CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made Available Amount Expended During Program Year
CDBG public - federal 670,421 438,992
HOME public - federal 341,617 0
Table 3 - Resources Made Available
Narrative
During the fiscal year 2022-2023, the City also allocated $670,421 in CDBG funds to support the city's programs. There is one major expenditure under the CDBG Program that results in the City having to pay the highest amount of dollars in costs, and that is the repayment of the Loan under Section 108 of the CDBG Program. It is estimated that a total of $438,991.85 has been spent from CDBG funds so far. The remaining funds have not been expended due to the time extension of one of the programs. Also most funds will be expended by July 30, 2023.
As part of the HOME program, the City received $341,617 during the fiscal year 2023-2024. In this program year, no HOME funds have been expended by the City as of yet. A project is currently underway in which the City is helping to rehabilitate one home in the city.
It is also important to note that in Fiscal year 2020, the City was also awarded $910,151 in CDBG-CV funding to assist in the preparation, prevention, and response to the COVID 19 pandemic. As part of the City's public service program, various organizations were funded, such as the Montebello Community Assistance Program (MCAP) which serves the City's homeless population by providing emergency motel vouchers, personal protective equipment, and hygiene kits as well as providing outreach to and engaging the homeless population. As part of the MCAP program, residents were also able to apply for rental assistance, and utility relief.
The CDBG-CV funds continued to be used through 2022-2023 fiscal year. The CDBG-CV funds are set to expire on March 2027. For the second amendment of the FY 20/21 Annual Action Plan, regarding the CDBG-CV funds for the MCAP Rental and Utility Assistance Program, it was identified that $37,566 was the reallocation amount for this activity however, due to a drawdown discrepancy from an incorrect activity, it is confirmed that the final total amount allocated to this activity is in the amount of $50,760.21. In order to ensure that the MCAP Homeless program amount remained the same in the amount of $563,122, the difference was reallocated from the available CDBG-CV Administration activity. According to the City's Citizen's Participation Plan, this is not considered a substantial amendment.
CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
During the FY 2020-2021 period, HUD approved a waiver related to HOME, allowing grantees to reduce their match contributions by as much as 25%. As a result, the City was able to receive a 100% match reduction for the FY for which it is reporting. Therefore, the City had a $0 Match Liability for FY 2022.
Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of Allocation Narrative Description
Citywide 95 95
Qualified Census Tracts 5 5 Local Target area
Table 4 – Identify the geographic distribution and location of investments
Narrative
Most of the City's funds are not allocated on a geographical basis, choosing instead to support activities that will benefit all residents throughout the city. As a citywide housing and community development initiative, the City prioritizes the use of CDBG funds for housing, public services, and fair housing as well as public facilities on an annual basis. There are a number of activities targeted at special needs populations under the public services category that are provided on a citywide basis and/or in coordination with existing facilities or services. Low- and moderate-income persons are qualified to benefit from public improvements and public facilities.
The City identifies priority areas for public facilities and improvement projects, when funding them with CDBG funds. Identifying areas based on household income levels is based on data from the 2010 Census. The HUD standard for determining project eligibility is that at least 51 percent of low- to moderate-income residents must live in the area where public facility improvements are to be undertaken. A review of project eligibility is based on the type of activity and clientele served in accordance with the national objectives of the CDBG and HOME programs. The proposed project is evaluated either based on the 51 percent of low-moderate income households in the broader community or on the facilities and services located within the broader community.
CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
Funds allocated to activities are usually leveraged through a combination of Federal and Non-Federal sources of funding, namely:
General Funds; Gas Tax Funds; Metropolitan Transit Authority Funds; and Measure R Funds. As part of the city's efforts to address public infrastructure needs, the City also uses general funds, gas tax revenue, and water fund revenue to meet these needs.
As an additional source of funding, public service subrecipients used private and other funds to leverage the CDBG Program funds from the City to further their development.
HOME funds are provided to municipalities to meet the needs of affordable housing projects that meet the program's requirements and as a recipient of HOME funds, the City is required to provide non-federal financial contributions to such projects. The City's HOME entitlement amount must be supplemented by a minimum of 25% of the match contributions of the HOME funds expended from the City's HOME entitlement amount. In the case that the City has received a reduction in the match requirement, the amount will be less (less administration costs).
In FY 2022-2023, the poverty rate of the City was 11.4%, while the per capita income (PCI) was $27,450. As a result, the City is qualified for a 50% HOME Match reduction because it met the PCI criterion.
In the FY 2022-2023 Annual Action Plan, the City did not use any publicly owned land or property to address any of the needs identified in the plan.
CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
Fiscal Year Summary – HOME Match
1. Excess match from prior Federal fiscal year 0
2. Match contributed during current Federal fiscal year 0
3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 0
4. Match liability for current Federal fiscal year 0
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 0 Table 5 – Fiscal Year Summary - HOME Match Report
Match Contribution for the Federal Fiscal Year
Project No. or
Other ID
Date of
Contribution
Cash
(non-Federal
sources)
Foregone
Taxes, Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastructure
Site
Preparation,
Construction
Materials,
Donated labor
Bond
Financing
Total Match
Table 6 – Match Contribution for the Federal Fiscal Year
HOME MBE/WBE report
Program Income – Enter the program amounts for the reporting period Balance on hand at
begin-ning of reporting
period
$
Amount received during
reporting period
$
Total amount expended
during reporting period
$
Amount expended for
TBRA
$
Balance on hand at end
of reporting period
$
665,808 0 0 0 665,808
Table 7 – Program Income
CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Contracts
Dollar
Amount 0 0 0 0 0 0
Number 0 0 0 0 0 0
Sub-Contracts
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Total Women
Business
Enterprises
Male
Contracts
Dollar
Amount 0 0 0
Number 0 0 0
Sub-Contracts
Number 0 0 0
Dollar
Amount 0 0 0
Table 8 - Minority Business and Women Business Enterprises
Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Table 9 – Minority Owners of Rental Property
CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0
Businesses Displaced 0 0
Nonprofit Organizations
Displaced 0 0
Households Temporarily
Relocated, not Displaced 0 0
Households
Displaced
Total Minority Property Enterprises White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number 0 0 0 0 0 0
Cost 0 0 0 0 0 0
Table 10 – Relocation and Real Property Acquisition
CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 12 0
Number of Non-Homeless households to be
provided affordable housing units 5 0
Number of Special-Needs households to be
provided affordable housing units 18 0
Total 35 0
Table 11 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 5 0
Number of households supported through
Acquisition of Existing Units 1 0
Total 6 0
Table 12 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
The following activities were undertaken by the City to achieve its affordable housing goal:
Housing Choice Voucher Program - The City of Montebello participates in the Los Angeles County Housing Authority's Housing Choice Voucher Program. As a result, the City of Montebello is providing rental assistance to families of very low income, the disabled, and the elderly in order to assist them in accessing affordable, decent, safe, and sanitary housing.
As part of the HOME program, the City allocated funds for the rehabilitation of homes. In addition to providing a deferred loan for improvements for properties and to bring dwellings up to code, this
CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
program is for income-qualified applicants. As part of the City's Home Rehabilitation Program, one project was initiated during program year 2022-2023, which is currently underway.
Through outreach and mediation between tenants and landlords, the Housing Rights Center proactively advances fair housing in order to prevent housing discrimination in the community. Our enforcement efforts aim to eliminate housing discrimination across the country. The project provided general housing and discrimination assistance to approximately 140 households in FY 2022/2023.
Discuss how these outcomes will impact future annual action plans.
The City will continue to support programs and activities that help low- and moderate-income residents with their housing needs. As well as using HOME and CDBG funds to enhance housing and supportive services, the City is going to continue to utilize these funds. As part of the City's 2022-2023 program, the following activities have been initiated and completed by the City:
Developers who are for-profit and nonprofit are primarily responsible for developing affordable housing in Montebello. In order to promote the development of affordable housing, the City will continue to work with developers and provide financial incentives through HOME funds, as well as sell City-owned parcels to them. It will also offer regulatory incentives, such as density bonuses and flexible development standards, to private developers as part of the City's effort to increase the supply of affordable housing.
As part of its efforts to ensure that housing opportunities are available to extremely low income families, the City is taking a number of measures to make sure that this income group has access to housing opportunities. For example, the city will maximize Section 8 vouchers for this group, provide regulatory incentives, and encourage the construction of second units to accommodate low-income families.
The City refers residents to the Los Angeles County Housing Authority as affordable housing needs are identified for additional support. City residents can also reach out to the City to be connected to the Section 8 program.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 79 0
Low-income 58 0
Moderate-income 47 0
Total 184 0
Table 13 – Number of Households Served
CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
Narrative Information
This fiscal year, 324 people have been assisted by the City through its CDBG programs. The City is currently in progress with assisting one homeowner with rehabilitation of their home with HOME funds.
Through its Section 8 Housing Choice Voucher Program, the Los Angeles County Development Authority (LACDA) provides rental assistance to the low-income tenants of Los Angeles County in order to address the worst case of housing shortages. The voucher program provides housing assistance to eligible households living below 50 percent of the HUD Area Median Income in order to help them find decent, safe, and sanitary affordable housing that meets their needs. In order to qualify for this program, participants must pay 30% of the adjusted gross monthly income as rent each month. The Housing Authority will pay the landlord the balance of the monthly rent directly on their behalf.
A waiting list is also maintained by LACDA for the development of affordable housing under the City's Affordable Housing Program, which is a program administrated by the city. There are a number of affordable projects available to both extremely low-income households and very low-income households. In accordance with LACDA guidelines, priority must be given to those households that qualify for assistance in the following order:
1. The affected households are those that have been displaced from their homes as a result of the City's programs and projects;
2. Housing Choice Voucher holders who currently have a Section 8 Housing Choice Voucher in their possession;
3. Applicants whose names are on the Section 8 and Affordable Rental List maintained by the Authority;
4. A household in Montebello is one that resides and/or works there.
CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City of Montebello is part of Service Planning Area (SPA) 7 which includes (but is not limited to) the cities of Artesia, Bell, Bell Gardens, Bellflower, Cerritos, Commerce, Cudahy, Downey, East Los Angeles, Hawaiian Gardens, Huntington Park, La Habra Heights, La Mirada, Lakewood, Los Nietos, Maywood, Norwalk, Pico Rivera, Santa Fe Springs, Signal Hill, South Gate, Vernon and Whittier. A Homeless Inventory Count (HIC) was conducted by the Los Angeles Homeless Authority (LAHSA) and City Staff in 2022. Additionally, A Point-in Time (PIT) Homeless Count was performed by City Staff and LAHSA. The PIT Homeless count identies the amount of homeless persons in the City of Montebello. The HIC identifies the avaiable beds that the City of Montebello can refer homeless individuals to if needed.
As a continued effort to reach out to homeless persons in the city, Montebello Community Assistance Program (MCAP) is a program that the City developed to assist the community in various ways. A special team, known as the MCAP, is integrated into the fire service delivery model (MCAP 56) to support fire personnel in providing services to those experiencing crisis and distress who do not require emergency services but are experiencing financial hardship. In the streets of Montebello and in riverbeds, often where the unhoused spend most of their time, the team performs outreach to unhoused individuals.
People experiencing homelessness (PEH) are often involved in the outreach team's service delivery after several encounters in which they build a relationship with the staff. As a result, the PEH will usually sign up for MCAP's services as clients if they agree. Through ongoing engagements or intensive case management, the team provides detailed follow-up services to help ensure the success of the program.
MCAP provides a broad range of field services, including transport to the DMV and the Social Security Office, for the purpose of obtaining personal identification documents necessary to apply for more intensive supportive services with the goal of being able to maintain their independence. MCAP routinely provides food banks, job placement services, substance abuse agencies, mental health, medical and social services.
Addressing the emergency shelter and transitional housing needs of homeless persons Montebello is committed to continuing to address the issue of homelessness as part of its CDBG program, and recognizes that homelessness is one of the most important problems facing our community right now. The City has supported several homeless service providers in the community for many years. They provide a variety of services that help prevent and treat homelessness, as well as provide supportive services, emergency shelter, and transitional housing for people experiencing homelessness.
CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
Considerable efforts are being made by the City to help homeless clients, such as providing emergency shelter, food, counseling, and money for transportation, in conjunction with Hearts of Compassion and the Montebello Community Assistance Program (MCAP).
As part of MCAP's services, unhoused individuals are referred to local emergency shelters located in SPA 7 for the purpose of getting them into housing. MCAP will assess unhoused Montebello residents for Operation Stay Safe Tiny Homes, the Department of Human Services Interim Housing, and the Montebello Collaborative Housing Program. It is also known that temporary motel/hotel assistance is another resource that the team deploys to address the needs of homeless people in need of emergency shelter. As part of the program, residents who may be at risk of becoming homeless are served, such as those affected by house fires and traffic collisions that left their homes in unsafe conditions. When the MCAP program cannot provide emergency shelter directly, then the team refers individuals to another emergency shelter program within the county called Project Home Key, another program that can provide emergency shelter.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs To ensure the efficiency and effectiveness of the city's programs that benefit low-income individuals and families, the City will continue to coordinate the efforts of local and county social service agencies, including the Los Angeles County Department of Public Social Services, the United Way of Greater Los Angeles, the Housing Rights Center, as well as other nonprofit and public service organizations.
Homelessness is addressed within the community through the Montebello Community Assistance Program (MCAP), a program that the City operates to address the needs of the homeless. Unhoused people who are not housed by MCAP are referred to our social services for assistance, and/or to our local housing authority, as well as to our housing rights center for assistance.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
Montebello has established its own homeless program (MCAP) to meet the needs of the homeless population within the city. Throughout MCAP's outreach program, they were able to provide motel vouchers, food, and showers as outreach services to homeless individuals in our community who were
CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
in need of outreach services. Aside from coordinating with City agencies, the Los Angeles County Homeless Services Agency, Los Angeles County Housing Authority, and the Los Angeles County Community Development Commission are also working together to ensure that the homeless population in the county is served. Our goal at MCAP is to help clients obtain housing information throughout the entire housing process, from securing treatment and medication in the case of mental health issues, to obtaining documentation for housing, to helping clients find shelter. As one of the most important programs in the program, MCAP plays a key role in looking after the needs of individuals by providing housing referrals to external agencies, providing transportation to see potential housing units, transportation to move into the housing unit, and providing bus/train tickets for reunification with family members. The housing navigator is responsible for identifying housing subsidy programs that clients may qualify for in collaboration with PATH and other organizations. The MCAP program continues to be funded through CDBG-CV funds which expire in March 2027.
Through CDBG activities during the 2022-2023 fiscal year, the City of Montebello funded organizations such as Hearts of Compassion and the YMCA, who provide food distribution services to seniors and low- income families, as part of its CDBG program. A Youth Employment Program (YEP) was also funded with CDBG funds; subsidized employment programs like these help with youth development but can also help households offset costs while the youth is earning their own income.
CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
While the City supports the efforts of the Housing Authority in providing rental assistance to low-income households through the Section 8 program, it is important to note that it does not directly participate in either the ownership or management of public housing because it is not considered a public housing authority.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
The City has a strong commitment to supporting the efforts made by the Housing Authority to provide rental assistance to low-income households through the Section 8 program, but the City does not have direct involvement in the ownership or management of public housing because it is not a housing authority.
Actions taken to provide assistance to troubled PHAs
Montebello is not responsible for administering any public housing programs that are offered by the city. There is no indication that the local Housing Authority may be in trouble.
CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) There are a number of ways the City's Housing Element has identified that can help remove barriers to affordable housing in its city. As part of its continuing efforts, the City continues to:
• Maintain active communication with developers, residents, and nonprofit organizations that are involved in planning, constructing, and developing Montebello's housing projects to provide Montebello with the most robust planning and infrastructure. • It is imperative to communicate to the general public the issue of affordable housing on a regular basis in a manner that facilitates acceptance and appreciation by the public. • Researching and evaluating the feasibility of housing programs, taking into account the current housing market and the available funding, is essential.
In order to offer Section 8 Housing Choice Vouchers (HCVs) through the LA County Housing Authority, the City of Montebello partnered with the LA County Housing Authority. Montebello's Housing Choice Voucher Program is administered by the Los Angeles County Housing Authority. The purpose of the program is to provide rental assistance to low-income families, the disabled, and the elderly in order to help them access affordable, decent, and safe housing in the city of Montebello.
Montebello offers the following programs as part of its community services:
• Through the Housing Rehabilitation and Preservation Program (HRPP), Montebello homeowners who qualify for the program are provided with forgivable loans to help them renovate or repair their home. It is the City's intention to work with a homeowner in order to complete eligibility qualifications so that work on the project can get underway. • Acquisition and New Construction of Affordable Housing - The City is setting aside a portion of funds to allow the development of affordable housing in the future.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) As is the case with most municipalities, access to funding is one of the biggest obstacles involved in meeting all the community's needs. Throughout the years, community partnerships have been integral to the development of a sustainable community in the City, enabling any gaps in unmet needs of the community to be filled. CDBG funds were provided by the City during the fiscal year of 2022-2023 to address food insecurity for families and other services for those experiencing or at risk of being homeless, and subsidized employment opportunities for youth in need.
CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
Throughout fiscal year 2022-2023, as part of the City's in-house homeless outreach program, known as MCAP, the City continued to implement its in-house homeless outreach program. All registered social service providers located in Montebello provide services to the residents of the City of Montebello through the City of Montebello maintaining communication with them on a regular basis. For the community of Montebello to be able to meet all their societal needs, the City is committed to leveraging and promoting its existing relationships with service providers and fostering new relationships to ensure that our existing relationships are leveraged and enhanced.
In order to promote all housing and community services and programs throughout the city, the City uses a variety of social media, including local newspapers, the City website, and community events.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Various educational tools are made available to the public by the City of Montebello, including the Completion of Annual Action Plans, and public announcements pertaining to lead-based paint hazards information. It has been mandated that all programs and projects funded through the CDBG and HOME programs must incorporate steps to reduce the hazards associated with lead-based paint. As part of the City's Home Rehabilitation Program, the City provides lead-based paint hazard testing for homes in need of rehabilitation.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) Families living in poverty are served by a network of existing agencies within the City, which are able to provide social services. Residents can access a list of public services agencies and homeless resources provided by the City as well as links to social service agencies that are available for residents to use. The City also supports other agencies such as the government, private developers, and nonprofit organizations that are involved in developing affordable housing for low- and moderate-income residents, and creating economic opportunities for them. Additionally, since the CDBG funds are being used for funding purposes, the City also seeks to be intentional about the types of activities and subrecipients that it funds according to the Consolidated Plan goals, in order to best serve the needs of the City's residents and whose services can have a significant impact on the community in which it is located.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City of Montebello works closely with nonprofit organizations and other governmental entities to identify the critical needs of households in its efforts to eliminate institutional gaps and enhance coordination of programs. By holding public meetings and public hearings, the City will continue to seek feedback from the public and nonprofit agencies regarding how its CDBG funds are allocated.
A monitoring process has been established as part of the City's grant administration to ensure that subrecipients are meeting their clients' needs as well as complying with regulatory requirements.
CAPER 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
Monitoring subrecipients on a regular basis is part of the City's monitoring program, and the City works with them to ensure documentation of financial and performance information is kept in the project files.
Fair housing activities are expected to continue to be funded by the City in order to promote, educate, and enforce fair housing practices in the community. As part of our efforts to maximize the effectiveness of our planned activities, the City will also continue to coordinate and make referrals to local government agencies and social service agencies for residents seeking affordable housing.
A number of nonprofit agencies and public service groups are collaborating with Montebello in order to deliver programs in this area using its federal entitlement and other resources. There are a number of agencies and groups that fall into this category, including:
• Housing Rights Center
• YMCA
• Heart of Compassion
• Montebello Community Assistance Program
• Mexican American Opportunity Foundation
• Youth Employment Program
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
This CAPER notes that the City participates in the Los Angeles Continuum of Care (LA CoC) as one of the ways it coordinates between public/private housing and social service agencies, which, as previously noted in this CAPER, provides various services to those at risk of homelessness or currently experiencing it. As with the LA CoC, the City maintains a contract with the East San Gabriel Valley Coalition for the Homeless, which provides services including shelters, motel vouchers, food security, and counseling to the homeless.
Another way that the City coordinates with housing and social service agencies is through its selection of CDBG public service recipients. As part of its efforts to connect residents with services that would otherwise have required them to navigate different systems, the City invites a range of service providers from different sectors, such as housing and social services, to provide them with access to their services.
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) An updated Analysis of Impediments to Fair Housing Choice was published by the City in August 2019.
Each year, the City contracts with the Housing Rights Center with the use of CDBG funds to ensure that residents have access to fair housing information and assistance pursuant to the Fair Housing Act's requirement that Grantees Affirmatively Further Fair Housing. The Housing Rights Center assists the city in preventing and reducing housing discrimination.
CAPER 22
OMB Control No: 2506-0117 (exp. 09/30/2021)
There are several actions that can be taken to address these impediments, including the following:
1. Complaints of housing discrimination will continue to be handled by the Housing Rights Center.
2. There will be information on the City's website regarding fair housing, including how to contact the Housing Rights Center, provided by the Housing Rights Center.
3. A variety of educational and outreach materials will be made available to residents, local real estate agents, and onsite apartment managers in apartment communities.
4. The Housing Rights Center will include a periodic review of newspaper and online advertising.
When discriminatory advertising is found, the Housing Rights Center will then contact the on- site manager of the apartment community placing the ad.
5. The Housing Rights Center will advocate that disabled people have a right to request a reasonable accommodation for a service or companion animal.
The Housing Rights Center conducted fair housing workshops, distributed publicity materials for events, provided educational materials, and completed surveys in order to determine the extent of unfair housing conditions in the city during the fiscal year 2022-2023. Tenants, homeowners, and landlords were the target audience for these efforts. The Housing Rights Center is contacted in the event that a complaint is received by the City.
CAPER 23
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The Planning and Community Development Department (Housing Division), of the City of Montebello, is responsible for ensuring that the receipt and expenditure of HUD funds comply with program requirements by monitoring program performance in accordance with all CDBG and HOME Monitoring regulations.
CDBG and HOME funds received by the City are administered by the Finance Department and monitoring is carried out by the City‘s Planning and Community Development Department (Housing Division).The City relies on a number of governmental departments and agencies, and non-profit organizations to carry out the City‘s housing and community development programs. The functions associated with the Housing Division directly impact and facilitate the development of housing, infrastructure improvements, community facilities, and public service.
This year’s budget includes a commitment to ensuring that City staff and program consultants continue to focus on revisiting program policies and procedures to ensure they are following local and federal laws and to discuss ways to improve monitoring and working with subrecipients so that compliance can be assured. As part of the project management process, City staff meets with all CDBG-funded project managers at the beginning of each program year to talk about the reporting requirements and the monitoring expectations for each project. A quarterly progress report is required from program providers, which are reviewed for compliance on a quarterly basis.
An annual review of site monitoring is usually conducted with program providers during the year using the following model:
• The subrecipient agencies are notified before the monitoring takes place with a formal monitoring notification letter.
• The purpose, scope, objectives, and goals of the program are being clarified through an entrance interview with key representatives.
• In addition to providing an opportunity to discuss compliance and reporting concerns, the exit conference will provide an opportunity for the program provider to provide an update on steps being taken to address areas of non-compliance or non-performance. The review concludes with the presentation of preliminary results of the monitoring. • Monitoring documentation includes monitoring check sheets, supporting documentation, and a final report.
• A formal notification of the results of the monitoring review is sent to the program provider, which establishes a permanent written record along with an outline of any concerns or findings.
CAPER 24
OMB Control No: 2506-0117 (exp. 09/30/2021)
The notification also specifies a deadline for the subrecipient provider to respond in writing or to correct any issues identified.
• It is the monitor’s responsibility to provide the technical assistance needed to ensure that the p
rograms are productive and in compliance with federal regulations.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
The City of Montebello undertook all reporting and planning program requirements in compliance with CDBG and HOME program regulations and citizen participation requirements. Specifically, the City of Montebello:
• City staff attended and participated in City Council meetings and other pertinent meetings. • City staff attended, when available, HUD workshops and trainings for staff development and capacity building
Public participation related to the year-end CAPER report has been encouraged in compliance with the citizen participation requirements of the City of Montebello Citizen Participation Plan. A notice was published in the Montebello News on August 3, 2023, announcing the availability of the CAPER for public review for a 20-day comment period from August 3, 2023 to August 23, 2023. The report was made available for review at the City of Montebello City Hall, specifically in the Planning and Community Development Department (Housing Division) and the City website at, https:// www.montebelloca.gov . Comments received will be incorporated into the final document.
CAPER 25
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
The City did not have any changes to the program objectives.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No.
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
Not applicable.
CAPER 26
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-50 - HOME 24 CFR 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in 24 CFR §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.
At the end of the program year, the City had one eligible project located at 2917 Via Campo in Montebelo, which was recertified in December 2022 in accordance with the program requirements and was found to still be eligible.
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 24 CFR 91.520(e) and 24 CFR 92.351(a)
HOME regulations require all HOME-funded projects with five or more assisted units to follow affirmative marketing guidelines. There is currently one rental property that the City monitors on a regular basis. Therefore, the affirmative marketing procedures and requirements are not applicable. It is important to note that the City's affirmative marketing plan outlines what would happen if it were to add more than five units. There is a specific marketing requirement that is triggered for each HOME project that the City undertakes, and a suitable marketing plan is developed in response.
The Affirmative Marketing Plan will include the following:
• List of methods to inform the public, owners and potential tenants about fair housing laws and City’s marketing policy;
• Description of the efforts that will be made to conduct affirmative market housing units assisted with HOME funds. Owners and leasing agents will place advertisements to market HOME assisted units through local sources, public agencies and social service organizations; • Description of outreach efforts to people not likely to apply for housing without special outreach. These efforts will include the distribution of marketing materials to organizations that likely have contact with these populations;
• Maintenance of records to document actions taken to affirmatively market HOME assisted units and to assess marketing effectiveness; and
• Description of actions that will be taken if requirements are not met. • During site visits, overall performance related to fair housing and non-discrimination is monitored to ensure fair housing compliance.
CAPER 27
OMB Control No: 2506-0117 (exp. 09/30/2021)
Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics The City of Montebello received $74,880 in HOME Program Income during the reporting fiscal year.
Describe other actions taken to foster and maintain affordable housing. 24 CFR 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 24 CFR 91.320(j)
Not applicable.
CAPER 28
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided
Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 0 0 0 0 0
Total Labor Hours 0 0
Total Section 3 Worker Hours 0 0
Total Targeted Section 3 Worker Hours 0 0
Table 14 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers 0 0
Outreach efforts to generate job applicants who are Other Funding Targeted Workers. 0 0
Direct, on-the job training (including apprenticeships). 0 0 Indirect training such as arranging for, contracting for, or paying tuition for, off-site training. 0 0
Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching). 0 0
Outreach efforts to identify and secure bids from Section 3 business concerns. 0 0
Technical assistance to help Section 3 business concerns understand and bid on contracts. 0 0
Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns. 0 0
Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services. 0 0
Held one or more job fairs. 0 0
Provided or connected residents with supportive services that can provide direct services or referrals. 0 0
Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation. 0 0
Assisted residents with finding child care. 0 0
Assisted residents to apply for, or attend community college or a four year educational institution. 0 0
Assisted residents to apply for, or attend vocational/technical training. 0 0 Assisted residents to obtain financial literacy training and/or coaching. 0 0 Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns. 0 0
Provided or connected residents with training on computer use or online technologies. 0 0
Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses. 0 0 Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.
0 0
CAPER 29
OMB Control No: 2506-0117 (exp. 09/30/2021)
Other. 0 0
Table 15 – Qualitative Efforts - Number of Activities by Program
Narrative
During the fiscal year 2022-2023 the City did not have any activities that were eligible for funding under Section 3.
PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 1
11:22
08-08-23
Program Year 2022
MONTEBELLO , CA
Metrics
Grantee
Program Year
PART I: SUMMARY OF CDBG RESOURCES
01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 02 ENTITLEMENT GRANT
03 SURPLUS URBAN RENEWAL
04 SECTION 108 GUARANTEED LOAN FUNDS
05 CURRENT YEAR PROGRAM INCOME
05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 06 FUNDS RETURNED TO THE LINE-OF-CREDIT
06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT
07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE
08 TOTAL AVAILABLE (SUM, LINES 01-07)
PART II: SUMMARY OF CDBG EXPENDITURES
09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10) 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS
14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES
15 TOTAL EXPENDITURES (SUM, LINES 11-14)
16 UNEXPENDED BALANCE (LINE 08 - LINE 15)
PART III: LOWMOD BENEFIT THIS REPORTING PERIOD
17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS
18 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING
19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES
20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT
21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20)
22 PERCENT LOW/MOD CREDIT (LINE 21/LINE 11)
LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS
23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION
24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS
26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24) PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS
27 DISBURSED IN IDIS FOR PUBLIC SERVICES
28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS
31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 32 ENTITLEMENT GRANT
33 PRIOR YEAR PROGRAM INCOME
34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP
35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34)
36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35) PART V: PLANNING AND ADMINISTRATION (PA) CAP
37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS
41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 42 ENTITLEMENT GRANT
43 CURRENT YEAR PROGRAM INCOME
44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP
45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44)
46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45)
MONTEBELLO , CA
2,022.00
0.00 670,421.00
0.00 0.00
74,880.00
0.00 0.00
0.00 0.00
745,301.00
102,903.97
0.00 102,903.97
75,310.29
432,260.43
0.00 610,474.69
134,826.31
0.00 0.00
102,903.97
0.00 102,903.97
100.00%
PY: PY: PY:
0.00 0.00
0.00%
71,288.00
0.00 0.00
0.00 71,288.00
670,421.00
132,130.95
0.00 802,551.95
8.88%
75,310.29
0.00 0.00
0.00 75,310.29
670,421.00
74,880.00
0.00 745,301.00
10.10%
PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 2
11:22
08-08-23
Program Year 2022
MONTEBELLO , CA
LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 No data returned for this view. This might be because the applied filter excludes all data.
LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 No data returned for this view. This might be because the applied filter excludes all data.
LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name Matrix
Code
National
Objective Drawn Amount
2020
2020
2022
2022
2022
2022
2022
2022
2022
Total
5 4
3 3
8 8
8 9
9 486
484
502
502
501
501
501
498
498
6762521
6750821
6717032
6741183
6717032
6741183
6779575
6717032
6741183
MONTEBELLO SENIOR CENTER IMPROVEMENTS
STREET IMPROVEMENTS
CDBG: YOUTH EMPLOYMENT PROGRAM (YEP)
CDBG: YOUTH EMPLOYMENT PROGRAM (YEP)
CDBG: YMCA FOOD DISTRIBUTION
CDBG: YMCA FOOD DISTRIBUTION
CDBG: YMCA FOOD DISTRIBUTION
CDBG: HEART OF COMPASSION (HOC) FOOD DISTRIBUTION
CDBG: HEART OF COMPASSION (HOC) FOOD DISTRIBUTION
03A
03A
03K
03K
05H
05H
05H
05W
05W
05W
05W
05W
05W
LMC
Matrix Code 03A
LMA
Matrix Code 03K
LMC
LMC
Matrix Code 05H
LMC
LMC
LMC
LMC
LMC
Matrix Code 05W
$2,785.00
$2,785.00
$28,830.97
$28,830.97
$15,141.51
$1,146.49
$16,288.00
$9,116.54
$9,429.30
$6,454.16
$7,500.00
$22,500.00
$55,000.00
$102,903.97
LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number
Activity to
prevent,
prepare for,
and respond
to
Coronavirus
Activity Name Grant Number Fund
Type
Matrix
Code
National
Objective
Drawn Amount
2022
2022
2022
2022
2022
2022
2022
2022
Total
3 3
8 8
8 8
9 9
502
502
501
501
501
501
498
498
6717032
6741183
6717032
6717032
6741183
6779575
6717032
6741183
No
No
No
No
No
No
No
No
No
CDBG: YOUTH EMPLOYMENT PROGRAM (YEP)
CDBG: YOUTH EMPLOYMENT PROGRAM (YEP)
CDBG: YMCA FOOD DISTRIBUTION
CDBG: YMCA FOOD DISTRIBUTION
CDBG: YMCA FOOD DISTRIBUTION
CDBG: YMCA FOOD DISTRIBUTION
CDBG: HEART OF COMPASSION (HOC) FOOD DISTRIBUTION
CDBG: HEART OF COMPASSION (HOC) FOOD DISTRIBUTION
Activity to prevent, prepare for, and respond to Coronavirus B22MC060555
B22MC060555
B21MC060555
B22MC060555
B22MC060555
B22MC060555
B21MC060555
B22MC060555
EN
EN
PI
EN
EN
PI
PI
EN
05H
05H
05H
05W
05W
05W
05W
05W
05W
05W
LMC
LMC
Matrix Code 05H
LMC
LMC
LMC
LMC
LMC
LMC
Matrix Code 05W
$15,141.51
$1,146.49
$16,288.00
$6,743.12
$2,373.42
$9,429.30
$6,454.16
$7,500.00
$22,500.00
$55,000.00
$71,288.00
$71,288.00
LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name Matrix
Code
National
Objective Drawn Amount
2021
2021
2022
2022
2022
2022
2022
7 7
4 4
4 4
1 493
493
499
499
499
499
500
6688042
6712550
6717032
6741183
6762521
6779575
6721693
Planning and Administration CDBG
Planning and Administration CDBG
CDBG: PLANNING AND ADMINISTRATION
CDBG: PLANNING AND ADMINISTRATION
CDBG: PLANNING AND ADMINISTRATION
CDBG: PLANNING AND ADMINISTRATION
CDBG: HOUSING RIGHTS CENTER (HRC)
21A
21A
21A
21A
21A
21A
21A
21D
21D
Matrix Code 21A
Matrix Code 21D
$2,703.75
$1,141.96
$23,830.25
$22,163.85
$18,475.23
$125.00
$68,440.04
$6,870.25
$6,870.25
PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 3
11:22
08-08-23
Program Year 2022
MONTEBELLO , CA
Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name Matrix
Code
National
Objective Drawn Amount
Total $75,310.29
This space for filing stamp only
OR#:
O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of Orange ) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004
At Los Angeles, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Signature
MONTEBELLO NEWS
3731 WILSHIRE BLVD STE 840, LOS ANGELES, CA 90010
(323) 556-5720 (213) 835-0584
EWA 3725182
ALEJANDRO RODARTE
CITY OF MONTEBELLO/CITY CLERK (LEAD)
1600 W. BEVERLY BLVD
MONTEBELLO, CA - 90640
HRG - NOTICE OF HEARING
Notice of Public Hearing - CAPER
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the MONTEBELLO NEWS, a newspaper published in the English language in the city of MONTEBELLO, county of LOS ANGELES, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of LOS ANGELES, State of California, under date 03/13/1934, Case No. 369441. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
08/03/2023
08/03/2023
LOS ANGELES
!A000006377777!
Email
CITY OF MONTEBELLO NOTICE OF PUBLIC
COMMENT PERIOD AND OF PUBLIC
HEARING REGARDING COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND
HOME INVESTMENT PARTNERSHIP (HOME)
PROGRAMS CITY OF MONTEBELLO
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER) FOR
THE PERIOD JULY 1, 2022 TO JUNE 30, 2023
PROJECT DESCRIPTION : The City of
Montebello is a recipient of Community
Development Block Grant (CDBG) and HOME
Investment Partnership program (HOME) funds.
These funds are awarded to the City by the
United States Department of Housing and Urban
Development (HUD). For the City to receive these
funds, the City is required to prepare a Five-Year
Consolidated Plan as well as an Annual Action
Plan outlining the planned use of CDBG and
HOME funds. At the conclusion of the fiscal year,
the City must prepare a year-end performance
report known as the CAPER. The 2022-2023
CAPER covers the period of July 1, 2022,
through June 30, 2023, and provides a summary
of activities undertaken within CDBG and HOME
funds during the report period.
Public Review and Comment Period : The draft
2022-2023 Consolidated Annual Performance
and Evaluation Report (CAPER) will be available
for public review and comment for fifteen (15)
days or more beginning on August 3, 2023, and
ending on August 23, 2023. This document will
be available for public review on the City of
Montebello's website at
https://www.montebelloca.gov/cms/One.aspx?por
talId=58756&pageId=79103.
During the comment period, comments and/or
questions may be submitted to:
Planning and Community Development
Department
Attn: Rosemary Perich, Housing Manager
1600 W. Beverly Boulevard, Montebello, CA
90640
Office telephone: (323) 887-1200 Ext. 454
Monday through Thursday, 7:30 A.M. to 5:30
P.M.
PUBLIC HEARING INFORMATION:
NOTICE IS HEREBY GIVEN that the City Council
(“City Council') of the City of Montebello (“City”)
will conduct a public hearing to receive the draft
2022-2023 Consolidated Annual Performance
and Evaluation Report (CAPER). The meeting /
public hearing is scheduled to be held on:
Date: Wednesday, August 23, 2023
Time: 6:00 p.m. or as soon thereafter as the
matter may be heard
Place: City Hall Council Chambers, 1600 W.
Beverly Blvd., Montebello, CA 90640
It is noticed that from August 3, 2023, to August
23, 2023, the draft 2022-2023 Consolidated
Annual Performance and Evaluation Report
(CAPER) may be reviewed at the following
locations:
City of Montebello Website – Homepage
https://www.cityofmontebello.com
In- Person : For those interested in participating
during the Public Comment period(s) or public
testimony period for Public Hearings of the City
Council meetings, you may address the City
Council in person the day of the meeting.
Speakers will be required to fill out a speaker
card provided at the door and turn it into the
Deputy City Clerk prior to each Public Comment
announcement period. Staff will number and call
each speaker card in the order received. Closed
Session begins at 6:00 p.m. and Regular Session
begins immediately thereafter; if there is no
Closed Session, Regular Session will begin at
6:00 p.m.
Via Email: The public may also submit emailed
comments via the City's email address:
[email protected], up until
the day of the meeting, Wednesday, August 23,
2023, by 3:00 p.m. These comments will be
ATTACHMENT C
subm itted to all members of the City Council and
may not be read aloud but will be entered into the
record of the proceedings to the extent they relate
to matters listed on the posted agenda. Any
requests to provide public comment which is
submitted after the deadlines indicated above will
not be submitted to the City Council.
Kimberly Guillen, Acting Senior Deputy City Clerk
Dated: July 27, 2023
Date posted: August 3, 2023
Date published: August 3, 2023
8/3/23
EWA -3725182#
MONTEBELLO NEWS
ITEM # 11
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Joseph Palombi, Director of Planning & Community Development
SUBJECT: OBJECTIVE DEVELOPMENT STANDARDS
DATE: September 13, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Receive and file this report and presentation from AECOM (project consultant) regarding the implementation of the Southern California Association of Governments (SCAG) Objective Development Standards (ODS) project and provide feedback to City staff related to implementing the standards into the Montebello Municipal Code (MMC); and
2. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
There is no fiscal impact associated with this presentation.
BACKGROUND/DISCUSSION:
In October 2021, as part of the California Department of Housing and Community Development Department’s Regional Early Action Planning (“REAP”) Program, the City of Montebello (“City”) was successful in its submittal to the Southern California Association of Governments (“SCAG”) for an award that included support and technical assistance under the Objective Development Standards Bundle Program.
Subsequently, on March 2, 2022, the City, along with AECOM, a design and planning consulting firm, and SCAG, a Metropolitan Planning Organization (MPO) representing six counties and 191 cities in the southern California region, initiated the Objective Development Standards (ODS) project with a virtual project kick-off meeting.
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 13, 2023
On June 29, 2022, AECOM held a virtual staff study session with representatives from the City’s Planning and Community Development Department.
On September 15, 2022, AECOM led a community workshop at the Chet Holifield Community Center, the first of two public workshops held as a part of the ODS project to build an understanding of objective standards and to provide the public with an opportunity to give feedback on draft materials. The workshop was advertised on the City’s website, citywide e-newsletter, and social media platforms. The workshop was attended by approximately 15 interested stakeholders. Attendees were provided with an overview of housing challenges in the City and SCAG region, California laws related to housing production, and information related to the City’s existing regulations and processes. A descriptive summary for the workshop is included in this report as “Attachment B.”
On November 1, 2022, AECOM provided the Planning Commission with a presentation regarding the ODS project and relevant State laws to collaborate on locally appropriate solutions to increase the capacity potential and accelerate housing production. The Planning Commission received and filed the information provided by Planning Staff and AECOM in association with the project.
On June 1, 2023, AECOM led the second and last public workshop, a public open house at the City of Montebello’s Council Chambers. The workshop focused on building an understanding of objective standards and providing the public with an opportunity to give feedback on draft materials. The public open house was advertised on the City’s website, citywide e-newsletter, and social media platforms. A summary for the workshop is included in this report as Attachment “C”.
Prior to providing the final reports and deliverables, presentations to both the Planning Commission and City Council are intended to provide an update to the decision making bodies where City staff will seek direction on whether to bring back an ordinance for future adoption of the recommended Objective Development Standards.
On August 15, 2023, the Planning Commission received an update related to the Objective Development Standards and they were generally supportive of the proposed standards.
ENVIRONMENTAL:
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ANALYSIS:
The City of Montebello (“City”) joins a group of cities including Santa Fe Springs, South Pasadena, and Santa Monica in participating in the SCAG Objective Development Standards project. The preparation of objective development and design standards is incorporated in the City of Montebello’s certified 2021-2029 Housing Element as a desired policy outcome of the city.
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 13, 2023
The project is funded by SCAG through the Sustainable Communities Program (SCP).
The Program provides an opportunity to document, assess, and modernize the existing multifamily objective development standards as well as the permitting process and provides an opportunity to recommend new standards for mixed use development in Montebello. The project consultant, AECOM, has been assisting City staff with technical review of the City’s existing development review process and is producing a report that recommends updates to streamline the housing approval process through the inclusion of objective development standards. The review shall analyze the City’s existing policy documents, design guidelines, development standards and regulations, and permit procedures. Additionally, AECOM is tasked with developing an online cost estimator spreadsheet tool for public use that calculates the estimated cost of permit application fees (planning/building related fees) and applicable development impact fees.
The goal would be to deliver objective development standards for the following citywide zoning designations:
• R-3 (Multiple-Family Residential Zone),
• Housing Opportunity Overlay Zone (High Density Residential), • R-2 (Medium Density Residential Zone), and
• Mixed Use Blvd/Corridor Zone
The following are considered to be key project considerations:
• Objective development standards create easy to understand development and design regulations through measurable requirements and simple tables and diagrams.
• Objective development standards require no personal or subjective judgment to determine if the standards have been met, therefore, streamline review for housing projects.
• Efforts will be informed by City staff, community members, key stakeholders, and decision makers.
• Technical and outreach materials will be translated into a second language to increase community members’ access and encourage participation in the process.
• The development of templates that can be used by the city is crucial to implementing objective development standards.
Objective standards involve no personal or subjective judgment by a public official and are verifiable by reference to criteria available and known to both an applicant and City staff. Objective development standards relate to the general massing and placement of a structure while objective design standards relate to the design of a structure and preserving and enhancing the desired character of existing neighborhoods by improving the aesthetic and functional quality of new developments. The table below illustrates the difference between “Development” and “Design” and how they can be applied.
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 13, 2023
The project is currently in the final stages as reflected within the SCAG ODS Project Schedule (Attachment “D”). As a part of task 4 (presentations to the deliberate bodies), AECOM will present a project overview to the City Council to share the project schedule and completion timeline, public outreach conducted and the recommended objective development standards. The Objective Development Standards project team anticipates receiving feedback from the City Council regarding whether staff should proceed with implementing the Objective Development Standards into the Montebello Municipal Code ("MMC").
For the City Council’s consideration, below is a summary of the benefits of adopting objective development standards should the Council direct staff to move forward with a resolution to adopt the recommended objective development standards:
The implementation of the ODS project into the MMC will lead to improved and modernized development standards for higher density and mixed-use projects citywide and ensure a higher level of consistency regarding the quality of housing built in the city.
1. Senate Bill (SB) 35 and SB 330 related to housing projects in California require projects to be reviewed against objective standards. The implementation of the ODS project standards will allow the City of Montebello to be more in line and consistent with State law.
2. Additionally, Assembly Bill 2011 and SB 6 related to incentivizing and permitting residential and mixed-use projects on commercial properties were recently enacted by the State. Having modernized objective development standards
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 13, 2023
codified for residential and mixed-use projects will assist in ensuring consistency for the developments proposed under these bills and will improve the quality of the local development standards currently in place.
Codifying the ODS into the MMC will streamline the city’s multi-family development regulatory process and create consistency with the goals and policy objectives of the Housing Element adopted by the City Council on June 22, 2022, such as:
1. Goal 2 Policy 2.6 of the Housing Element states that “[t]he City shall streamline [the] entitlement and permitting process to reduce the cost of new housing and to accelerate housing production.” Implementing the SCAG ODS project standards into the MMC may assist in accelerating housing production. Under the 6 th Cycle SCAG Regional Housing Needs Assessment (RHNA), the City of Montebello is tasked with producing 5,186 housing units and the streamlining and acceleration of housing realized by having modernized objective development standards can assist in achieving this production.
2. Additionally, Goal 2 Policy 2.5 of the Housing Element explicitly states that “[t]he City shall develop objective design standards and make development approvals for complying projects by right.”
The ODS standards promote varied building types which are generally more conducive to active and pedestrian-friendly lifestyles in line with the goals of the currently in progress Montebello General Plan update.
It is anticipated that a final report outlining the recommended objective standards will be available in late September 2023.
SUMMARY:
It is recommended that the City Council receive and file this report and presentation and provide staff with feedback regarding next steps regarding a more robust legislative approval process requiring future consideration from the Planning Commission and City Council related to the implementation of the Objective Development Standards.
ATTACHMENT(S)
1. Attachment A - SCAG Letter of Commitment
2. Attachment B - Public Workshop 1 Summary
3. Attachment C - Public Workshop 2 Summary
4. Attachment D - Project Schedule
5. Attachment E - ODS Custom Zone Toolkit
NEXT STEPS:
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To: Monica Mercado-Rodriguez,
Planning Manager
City of Montebello
1600 W Beverly Blvd
Montebello, CA 90640
CC: Stacey Morales, Associate Planner
AECOM
One California Plaza
300 South Grand Avenue
Los Angeles, CA 90071
T: +1 (213) 593 8100
F: +1 (213) 593 8178
aecom.com
Project name:
SCAG REAP: Objective Development
Standards (ODS) Bundle
From:
Ashley Hoang, Senior Associate
Date:
September 22, 2022
Memo
Subject: SCAG ODS Project Public Workshop #1 Summary
Introduction
The City of Montebello (City) is taking part in a project funded by the Southern California Association of Governments (SCAG) to document, assess, and modernize multi-unit and mixed-use objective development and design standards and permitting. This project is serving the cities of Montebello, Santa Fe Springs, Santa Monica, and South Pasadena. It will help support a greater understanding of the role of objective development and design standards in increasing housing production in Los Angeles County and throughout California. The project includes the preparation of an existing local policies and regulations review report, a current project review report, permit streamlining assistance, an online cost estimator tool, and the creation of an objective standards toolkit of recommendations for up to four zones.
The City is undertaking a public engagement process to inform community members and stakeholders about the project. Two community workshops will be held to focus on building an understanding of objective standards and providing the public with an opportunity to give feedback on draft materials. The first of the two workshops to build an understanding of objective standards was held on September 15, 2022.
Presentation Summary
The presentation started with a brief introduction of the project and its timeline and that the SCAG grant’s purpose is to provide funding to cities to document, assess, and modernize multi-unit and mixed-use objective standards and permitting, and reviewed the key deliverables resulting from the project noted above.
During the presentation, the project team:
Defined what objective standards are and explained t he difference between subjective guidelines and objective standards,
Shared examples of graphics helpful in visualizin g standards that will be created for the toolkit, Discussed the project deliverables’ goal s, purpose, and why they are important, Gave a brief overview of what the housing needs are at the State and City level and a summary of recent housing legislation,
Shared the initial findings on standards and applications from the analysis of existing Montebello policies, regulations, permitting, and projects,
Shared findings from the City Staff Study Session,
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Presented the four zones an d the potential objective standards categories that recommendations will be developed for as part of the toolkit, and
Shared the next steps and workshop dates for the project.
Public Comments
Following the presentation, the project team heard from the attendees, answered questions, and received comments to inform the project work. All questions and comments received at the workshop are provided below, with responses from the project team noted. Comments are listed in the order in which they were received.
Question: Does this project have a name?
Response: It is called SCAG Objective Development Standards.
Question: Is it only going to affect multi-unit or single residency? Will SB 9 be impacted? Response: Because of the State’s needs for housing production, we are trying to get as much as we can; the project focuses on multi-unit and mixed-use zones, not single-unit. No, SB 9 is a State law and won’t be impacted.
Comment: I hear you, and you’re explaining the ODS to regular people. Will it also help big developers? Is this for common people?
Response: We are referring to multi-unit and mixed-use development, so yes, big development. We want developers and all people to have a better understanding of the process.
Comment: This sounds like this process is built for developers over small owners. What if we don’t want housing? We don’t want streamlining. Developers come in and trample our rights, make more traffic, and more density.
Response: We appreciate your comment. Your individual rights will not be taken away.
Question/Comment: Can we say that there is no building in some areas, like in oil wells? There isn’t enough open space. We do have condos, a lot of them, and every unit should be occupied. Many times, developers leave units vacant.
Response: The City wants to evaluate the standards. We want your input to see if we need to create better standards that enhance developments with items that increase the quality of life for residents such as adding open space requirements that would add trees and landscaping. We’re also working to improve applications and handouts to clarify the standards.
Comment/Question: There are 13 people here, this is not a representation of Montebello. This is not the input of South Montebello. You are not having a workshop with the community. How was this meeting advertised? Response: We appreciate your comment. We advertised on social media and on the City website.
Comment: You didn’t do a good job! What makes you think people have social media? There are 13 people here. The wrong audience is here. We set the standards but look who showed up here. We are regular people. This is the wrong way of transmitting this information to the public. The State is making every mandate to cram more people into the city. There might be something we need to be doing at the state level to advocate against more housing. The City is embracing this bundle project, you can go on and finish the presentation, but it is the wrong audience.
Response: The City is seeking input from community members for this year-long project. We want to build an understanding on objective development standards and shed light on how to improve the standards. When we get to the milestone next year, we will share with the Planning Commission and/or City Council the information we’ve gathered and recommendations on how to improve development standards and permit processes for multi-unit and mixed-use development projects. This project does not take away your ability to share your overall concerns, proposed further changes in your community and it does not change the zoning codes as these are simply recommendations for improvements. This information is publicly available and anyone who wants to be involved can reach out to the City directly and provide comments as well as obtain information throughout the process.
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Question: How did South Montebello choose this workshop location? Response: We have done meetings here before. It was available.
Comment: I’m thinking about my city – we don’t have enough trees. We don’t have enough water. Then they want to come and build with our tax money. They want to mess my life up with more buildings, less green space. They’re trying to bring in more people.
Response: Currently, developers are not required to provide any amenities. These ODS can require developers to build more resources like planting more trees.
Comment: Those 2-3 story buildings are not welcomed here. We don’t want them.
Response: Yes, community members sometimes don’t want more height in their neighborhoods. The ODS can mandate better design where height is considered. SB 9 allows you to have four units in a single-family residential zone. The density is already coming. If a buffer with trees is needed, or a larger setback, that can be created.
Comment: Building up means there is more people or building for more density. Then they will need a car and need to park their car. In East LA, there is no parking. If we build up, we will not have enough space for the parking. They say they make two parking spots for each person, but it isn’t true. What you say is different from what is happening.
Response: We understand that parking is an impactful issue to communities. State legislation provides certain development projects parking reductions, such as those providing affordable housing seeking density bonuses. This is because the cost of providing parking is so expensive and often makes development infeasible.
Comment: City employees should drive around the neighborhoods and see how bad parking is. People park their cars in the front yards. A staff employee should take pictures and bring them to City Hall. The five members of the Council don’t see it.
They talk about it.
Response: Your comment is appreciated.
Comment: We have badly paved streets in the City, perhaps that should be addressed too.
Response: This project doesn’t include addressi ng street paving so won’t impact paved streets.
Comment: You’re looking for suggestions, the City should do away with commissions. That means a few people making big decisions. They should bring it to the districts
1 instead. Commissioners want State funding. We don’t care about that money.
Response: If you have concerns with your City appointed or elected representatives you have the right to voice your concerns directly to them or others to make changes. In the City I live in, if I have concerns about a new development project, I usually attend the public meetings about those development projects expressing my concerns to the Planning Commissioners and/or other decisionmakers such as City Council.
Comment: The slide says, “Development Permit Application” and to develop mixed-used and multi-unit housing production.
AECOM will lie and say that the community is okay with the plans. We’re saying we don’t like this and the City will not listen to us! We don’t trust City Council. You’re very anxious to move on. You want input and you’re shutting us down. Even if the meeting stops, we don’t want to move on.
Response: If you would like to spend more time on comments we can.
Comment: A lot of people say we can do 3-floor buildings. Two parking spots are not enough for families; children grow up and need cars.
Response: That is exactly the feedback we need.
Comment: Parking in East LA is bad. The developers are ruining our lifestyle.
1 In March 2022, the Montebello City Council approved a transition to electing City Council members by districts within the city. https://www2.cityofmontebello.com/archive-council-agenda/2021-1/759-city-council-meeting-agenda-03-09-2022-1/file.html
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Response: We appreciate your comment.
Comment: Where is our feedback going to end up?
Response: This feedback will be used to inform the project work. The project will be presented to the Planning Commission and City Council at the end of the project life. They will decide how the recommendations will be used.
Comment: She said they will be presented to the City Council. They don’t listen to us; they do whatever they want. It is better to go to somewhere else to build more housing.
Response: It is our responsibility as part of this project work to present the information to the public, to staff, and the decisionmakers as outlined in our project timeline and identified steps in the process.
Comment: I’ve been listening to City Council meetings. There’s three people who will always vote against the good things and items don’t pass. That is crazy. They fight with each other. They accuse each other. Agent Jimenez was accusing people – they are wasting our time!
Comment: We need seven City Council members from separate districts.
Comment: This is very developer oriented. They are dirty people. You’re saying pick your poison. This is bad, this also bad but it will kill you slower. I am barely making it – now you’re saying we need low-income housing near me. Your company worked on the Gold Line project – no one wanted that – it will be an instant ghetto. Metro wants to remediate low ridership by building low-income housing near transit stations. Developers need to be stopped. You say you will report this back to the Planning Commission, but you’re likely going to say there wasn’t any resistance. It is like we don’t matter. I don’t understand why this project is going forward when we say we don’t want it.
Question: How are housing numbers required?
Response: The State has a formula they use to calculate the number.
Question: How can we fight the state numbers?
Comment: Some cities have sued.
Question: Can cities enforce rent control? Many apartments are empty because of the cost. Get existing units filled.
Response: One thing the City is evaluating is thinking of ideas to require developers to provide units to low-income residents. We will bring that up with the Housing Department.
Question: Can you explain the 3rd bullet in more detail? Response: Essentially, the City has a one-acre minimum lot size to a project to qualify for a planned development permit. When you are trying to propose certain standards, planned development is a permit and the City wants to reconsider the lot size minimum requirement. We are not looking to decrease the minimum, if people want to deviate from the code, this is an application that they would use. We are currently evaluating the code. We are here to hear your opinion on that.
Question: What is a planned development?
Response: The Olsen property located off Bluff and Washington is an example of a planned development. They used the planned development application to deviate from the requirements. The way they have been used, developers are asked to produce more architectural or community amenities for deviations to the code requirements.
Question: What is an example of amenities?
Response: One example is when the City has reques ted a project to include more open space.
Question: How many city staff were involved in the study session?
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Response: Six individuals from various departments.
Comment: In the analysis, it should say that six people are contributing to the input. When projects are done, schools, trees, parking, water, and dog parks should be built.
Question: How do I get a permit for a property I own to make improvements? Response: Visit City Hall to get all property permits and information you need.
Question: Are you asking us as if we are developers about the permit applications? Response: We want to know your experience here and/or in other cities where you might have applied for permits.
There may be things that you liked and/or found easy that can be replicated here and/or things that you didn’t like or that were challenging that we should avoid. You don’t have to be a developer to share those kinds of experiences with us.
Comment: We need a better way to say no to projects passed by City Council. We need to have more power on stopping the permit approvals. People live near the oil wells and are dying of cancer. Developers are building over oil wells.
Response: Sharing your comments with the decision makers as they consider development project is a good mechanism to share your concerns and express your opposition.
Comment: I understand there is money for additional housing that puts pressure on the City to build. Why don’t they build in another city somewhere else? I can’t breathe. Putting housing in front of me and behind me. There’s a lot of space in other states.
Response: We could impose regulations that prevent building too close together and protect privacy. We want your feedback to build these kinds of policies.
Question: How does this fit in the General Plan? How do we work in what the citizens want? Response: We are working hand in hand to create objective design standards. The General Plan is the blueprint for the future. This program will impact the Zoning Code. This is an opportunity for the standards to fit your needs.
Question: Will the slides be available to the public?
Response: Yes, we can email it to you.
Question: Who changes the Zoning Code? Who does that? The community or the City? Response: Usually the City but with community feedback, and any changes are presented to the Planning Commission.
Comment: Setbacks should be at least 20 feet. We want everyone to be required to do so.
Comment: In the State of Washington, you need a certain amount of setback. We need more trees and grass.
Question: Is this inevitable? Once the standards are done – is it a done deal? Response: The purpose of this project is to work with the City and look at the development standards and permit application that exists and understand where the community wants to improve both. The project will provide recommendations and the Planning Commission will be the body who decides. Your input will be used, for example, to state where we can require more setbacks or trees. If the City decides to modify the Zoning Code based on the project’s recommendations, it will be done through a separate review process.
Comment: SCAG should look into suing the State. We don’t agree with any of that. Cities should not develop 5,000 housing units. SCAG should spend their money differently. Cities should look to suing the State. You’re asking us how we’d like to be screwed. We don’t want SB anything.
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Comment: Most of us don’t want multi-unit housing. All 13 of us don’t want it. We have a train behind us.
Comment: We don’t know if this information will be implemented or how it will be used.
Comment: The standards you’re doing we don’t want them. We don’t want housing.
Comment: Has the City thought about suing?
Response: We’re unaware of any City winning that legal battle of suing the state for the RHNA number allocation.
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To : Monica Mercado-Rodriguez, Planning Manager
Cc: Daniel Ruiz, Assistant Planner
City of Montebello
1600 Beverly Blvd
Montebello, CA 90640
AECOM
One California Plaza
300 South Grand Avenue
Los Angeles, CA 90071
T: +1 (213) 593 8100
F: +1 (213) 593 8178
aecom.com
Project name:
SCAG REAP: Objective Development
Standards Bundle (Los Angeles County)
From:
Scott Williamson, Project Manager,
AECOM
Date:
July 27, 2023
Memo
Subject: SCAG ODS Public Workshop 2 Summary
Background
The City of Montebello (City) is taking part in a project funded by the Southern California Association of Governments (SCAG) to document, assess, and modernize multi-unit and mixed-use objective development and design standards and permitting. The project is serving the cities of Montebello, Santa Fe Springs, Santa Monica, and South Pasadena. It will help support a greater understanding of the role of objective development and design standards in increasing housing production in Los Angeles County and throughout California. The project includes the preparation of an existing local policies and regulations review report, a current project review report, permit streamlining assistance, an online cost estimator tool, and the creation of an objective standards toolkit, containing recommendations for up to four zones.
Public engagement
A public engagement process is associated with the project. The process seeks to inform community members and stakeholders, answer questions and elicit feedback that will inform the creation of the standards throughout the project.
The engagement component involves several meetings, presentations and workshops with City staff, representatives of deliberative bodies and the public.
Of note, two community workshops were held during the process:
1. Workshop 1: Held on September 15, 2022, focused on building an understanding of objective standards and providing the public with an opportunity to give feedback on draft materials. This first workshop was held as a presentation followed by Q and A discussion with the public and project team.
2. Workshop 2: Held on June 1, 2023, presented draft objective standards to the public, answering questions and seeking feedback. The workshop was an open house style event for the public to drop in at any time through the duration of the event window.
This memo provides a summary of Workshop 2.
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Workshop 2 overview
On June 1, 2023, the City of Montebello hosted a public open house event; serving as the second of two public workshops undertaken for the SCAG ODS project. The open house was designed to build off of the content and feedback provided at the first workshop of September 15, 2022.
The public was invited to arrive anytime during the meeting window of 5pm to 7pm. Several City and AECOM staff were stationed throughout the event to discuss the project and answer any questions from attendees. Notice of the event was distributed by City staff via the City’s website, mailing lists, social media and notice boards.
The open house comprised a series of display boards curated with the goal of informing attendees of the project context and need, facilitating discussion and prompting questions. The bulk of the display boards focused on previewing the draft standards that will make up the draft objective standards toolkit; the primary project deliverable comprising standards the City will utilize in future. The display boards were split into stations as follows:
1. Station 1 (Introduction) – The introduction station included a summary of project need and goals, what makes a standard objective, typical types of development standards, where the new standards would apply, project timeline, how to provide feedback and how to continue to be involved. The categorization of the standards into form and scale, frontages, open space and site planning was also explained. These categorizations form the basis of the structure of Stations 2, 3 and 4.
2. Station 2 (Form and Scale) – Presented a selection of the draft form and scale related standards for mixed use and multifamily zones including setbacks, stepbacks, streetwall and interior stepbacks. T o assist with understanding diagrams of most standards were included, along with a photograph of a built example of the standard.
3. Station 3 (Frontages)– Presented a selection of the draft frontage related standards for both mixed use and multifamily zones including ground floor entrances, ground floor elevation, ground floor height, facade composition, transparency and materials and color. Photographs of built examples were provided to assist with understanding.
4. Station 4 (Open Space and Site Planning) – Presented a selection of the draft open space and site planning related standards for both mixed use and multifamily zones, including private open space, common open space, site landscaping and surface parking standards.
Public comments
Several members of the public, as well as some members of the City’s deliberative bodies attended the open house. Each discussed the project with staff. Issues of affordability, commercial viability, development viability, residential amenity, parking and open space were discussed.
Of the written comment cards that were filled out by attendees, the following feedback was provided:
General project comments:
- Support expressed for mixed use development standards to allow development to occur faster and improve housing affordability.
Station 1 - Introduction comments
- Suggest a housing affordability requirement be added to benefit long term residents remaining in the City.
Station 2 - Form and Scale comments
- Suggest removing parking minimums for residential and commercial uses, allowing developers the option to provide parking but also allowing more effective use of land.
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Station 3 - Frontages comments
- Parking should not be placed in front of buildings located on corridors. Remove parking minimums for all new development.
Station 4 - Open space and site planning comments
- Suggest developers be required to pay for trees for public parkways areas, which the City could install and maintain.
3
This report was funded by SCAG through the Regional Early Action Planning (REAP) grant program.
Objective Development Standards
Custom Zone Toolkit DRAFT
Prepared for the City of Montebello
May 2023
DRAFT FOR CITY REVIEW
SCAG REAP: Objective Development Standards Bundle (Los Angeles County) Prepared for the City of Montebello. May 2023 1
Contents
I. Introduction ........................................................................................................................................... 2 Background ............................................................................................................................................. 2 Informing the Toolkit ............................................................................................................................... 4 How to Use the Toolkit ........................................................................................................................... 5
II. Mixed-Use .............................................................................................................................................. 6 Form & Scale .......................................................................................................................................... 6 Frontages .............................................................................................................................................. 13 Open Space .......................................................................................................................................... 17 Parking .................................................................................................................................................. 19
III. Multi-Family ......................................................................................................................................... 21 Form & Scale ........................................................................................................................................ 21 Frontages .............................................................................................................................................. 24 Open Space .......................................................................................................................................... 27 Parking .................................................................................................................................................. 29
DRAFT FOR CITY REVIEW
SCAG REAP: Objective Development Standards Bundle (Los Angeles County) Prepared for the City of Montebello. May 2023 2
I. Introduction
Background
California must plan for more than 2.5 million units of housing in the next eight -year planning cycle (2021- 2029), including 5,183 homes in Montebello. Because of this, the State has passed a series of laws to combat the ongoing housing crisis and better meet the housing needs of Californians, including Senate Bill 35 (Streamlining Approvals), Senate Bill 167 (Removing Barriers), Senate Bill 330 (Expediting Residential Development), among others. These new laws have prompted every city across California to review residential development and design standards in an effort to support faster permitting timelines while still achieving reasonable design goals. Cities must ensure they are complying with all aspects of State law and not hindering the development of housing.
Each municipality has development standards for new buildings that are housed in the Zoning Ordinance of the Municipal Code . These often include building height, density, setbacks, open space, and parking requirements. Cities often supplement development standards with design guidelines and discretionary review processes to further guide architectural character and urban design; however, these add uncertainty and delays to housing project approvals, leading to fewer and more expensive housing proje cts. State law now requires that housing projects be reviewed against objective standards, and specifies that subjective standards and guidelines cannot be used to deny or decrease the density of new housing projects. To be considered objective, standards must be uniformly measurable/verifiable, knowable to all parties prior to application submittal, and require no subjective judgment in order to make a determination.
Project Grant Funding
The Southern California Association of Governments (SCAG) Regional C ouncil approved the 2020 Sustainable Communities Program (SCP) Housing and Sustainable Development (HSD) Call for Applications in November 2020. The goal of the SCP is to implement the policies and programs of Connect SoCal, the 2020 Regional Transportatio n Plan and Sustainable Communities Strategy (RTP/SCS). With the 2019-2020 Budget Act, $250 million went to prioritize planning initiatives that would increase housing production in communities throughout the state. The California Department of Housing and Community Development (HCD) received $125 million of this funding to establish the Regional Early Action Planning (REAP) grant program. REAP provides one -time grants to regional entities for planning activities that facilitate compliance in implementing the sixth cycle of the Regional Housing Needs Allocation (RHNA) , and this includes efforts to accelerate housing production – such as the development of objective standards.
SCAG awarded a REAP grant to the City of Montebello (“City”) to document, assess, and modernize its multi-unit and mixed-use objective standards and permitting. This project, which also serves the cities of Santa Fe Springs, Santa Monica, and South Pasadena, will help support a greater understanding of the role of objective standards in increasing housing production in Los Angeles County and throughout California. SCAG commissioned AECOM, a design and planning consulting firm, to create a “toolkit” of objective development standards that will assist the four cities in more quickly adopting new standards into their respective zoning codes.
Objective Development Standard Toolkits
As part of Task 2.6, t wo common sets of standards were developed to be shared across each of the four cities served by the project – one for Mixed-Use projects and another for Multi-Family (Medium-Density) Residential projects. The standards that directly impact building massing have been tested on prototypical sites to demonstrate that the standards do not interfere with intended development density. For the most part, standards are designed to scale to different density and height limits, so the same or similar standards
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can be used ac ross zoning districts regardless of development intensity. This is an effort to simplify the code and ease the understanding and implementation of the standards.
This Custom Zone Toolkit was developed specifically for Montebello. The common standards were used as a basis for the Custom Zone Toolkit, which includes more tailored standards for future mixed-use and multi-family housing projects . This document is inten ded to be reviewed by City staff, the public, and decision-making bodies for discussion and feedback. As a next step , beyond the scope of this project, the City may adopt the new standards into the Zoning Code as appropriate.
As this is a toolkit of recommendations, standards selected by the City to propose for inclusion in the Zoning Code may need further refinement based on the City’s unique requirements and approaches, including different measurement definitions and contextual considerations.
The standards are designed to:
• Translate existing applicable Zoning Code regulations and design guidelines into clear, objective standards in compliance with Senate Bill 35;
• Allow the maximum density permitted by zoning consistent with Senate Bill 330;
• Focus on zones that apply to the highest volume potential development type, locations of greatest concern, or standards that are most challenging locally; and
• Inform building form and site planning while adapting to market trends and shifting demand.
The toolkit is designed to:
• Be the basis for the development of standards for multi-unit/mixed use projects that support the level of design the City expects, confirming compliance through an administrative process ;
• Make it easier for applicants, staff, and the public to understand the regulations;
• Create greater certainty in the review process and streamline project approvals ;
• Encourage housing production so the City can meet its Regional Housing Needs Allocation (RHNA) goals; and
• Comply with state law that requires qualifying housing projects to be reviewed against objective standards1.
1 Senate Bill 9 also requires use of objective standards for related project reviews in single-family zones; separate from this SCAG project focused on multi-unit/mixed-use zones.
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Informing the Toolkit
The project included a high -level technical analysis of existing policy documents, development standards and regulations, design guidelines, permit procedures, recently approved projects , and submitted applications currently under review to understand how the City currently processes applications and how long the process typically takes , as well as h ow standards are being interpreted and applied durin g the permitting and entitlement process. This analysis included a review of the General Plan Land Use and Housing elements and associated policies, the City’s Zoning Code and draft specific plans, as well as a handful of representative housing development projects. It resulted in initial findings and recommendations to inform the standards developed for the toolkit and other related actions for City consideration.
Public Engagement
The City undertook a n engagement process to provide information to community members about the objective development standards and streamlined permitting project, and gather input to inform the creation of the recommended standards in the toolkit. The following outreach events were held to engage the public, stakeholders, and decision-makers in ways that result in meaningful participation. • Public Workshops: Two community workshops focused on building an understanding of objective standards and providing the public with an opportunity to give feedback on draft materials. The first workshop was held on September 15, 2022; the second is scheduled for June 1, 2023.
• Planning Commission Study Session: This event was held on November 1, 2022, to inform the City's decision-makers at the Planning Commission about the project and relevant State laws to collaborate on locally appropriate solutions to increase capacity potential and accelerate housing production.
• Final Project Presentation: The final presentations to the Planning Commission and City Council will be held in the summer, provid ing background, analysis, and a summary of the proposed objective standards and other project deliverables.
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How to Use the Toolkit
For each type of development, standards in the toolkit are organized into four categories:
• Form, related to the overall building massing and scale; • Frontage, related to how the building meets the street and façade design; • Open Space, related to the provision of private and common outdoor/recreational space; • Parking, related to the provision of auto and bike parking.
The guide below explains how the sections and sub -sections in this document are intended to be used:
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II. Mixed-Use
Form & Scale
Setbacks
Considerations
• The City’s Zoning Code already includes setback requirements, which require a minimum distance between a building and the public right-of-way.
• Setback ranges use a slightly different approach, and are implemented by requiring a percentage of the building’s frontage to be within a specified distance of the minimum setback. These ranges include a minimum setback applicable to all parts of a building and a maximum setback applicable to a percentage of the building façade (e.g. 70%, as used below). • The flexibility provided by requiring only a percentage of the parcel frontage to be placed within the range is important for the accommodation of open space areas, outdoor dining, driveways, and/or other amenity spaces.
• In pedestrian-oriented areas, especially those with alley access to a parcel, percentages of 80% or higher may be appropriate, whil e in more auto -oriented areas, percentages may be lowered to accommodate more auto-oriented uses and circulation needs, e.g. 50%, while still establishing a more pedestrian-oriented character.
• Additional considerations related to setbacks are discussed in the Common Zone Toolkit.
Intent
To provide a consistent street edge that defines the pedestrian environment, enhances the character of the public right-of-way, and creates a sense of place.
Standards
Street setbacks: Buildings shall be located within 5 feet of the minimum setback for at least 70 percent of the building frontage along the primary right -of-way and 50 percent along any secondary right -of-way, excluding alleys.
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Residential units. Residential units on the ground floor shall have a minimum setback of 5 feet.
Landscaping. For buildings set back 5 feet or more, a minimum percentage of the setback area shall be landscaped with trees, shrubs, and/or groundcover, either in the form of in-ground landscaping or planters, as follows:
Frontages with shared entrances to internal circulation 50% Frontages with individual residential unit entrances 30% With a stoop taller than 30 inches 10%
Frontages with commercial tenant entrances 30%
With outdoor dining 10%
Interior setbacks: Buildings shall be set back a minimum of 15 feet from adjacent Residential zoning districts.
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Streetwall
Considerations
• Streetwall standards, in conjunction with setbacks, can help create pedestrian -oriented development by mandating a certain level of massing at the street. It can also be used to move massing away from adjacent properties.
• Streetwall standards are often used to reinforce an existing, historic built form, but can also be used to create a new pedestrian-oriented district or corridor with a more traditional urban character.
Intent
To encourage an urban form that is responsive to the surrounding context, including opportunities to reinforce streetwalls along primary corridors and frame the public realm.
Standards
Streetwall: Street-facing facades shall meet or exceed 25 feet (or 2 stories in height) for at least 75 percent of building frontage along public rights-of-way, unless the overall building height is lower than 2 stories.
Streetwall is defined as any stre et-facing façade, excluding appurtenances, within 5 feet of the minimum setback and is not required to be continuous.
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Stepbacks
Considerations
• Portions of a building that are set back from the street frontage are generally more hidden from view and can give the appearance of a shorter building to those on the street. • Interior stepbacks (also known as daylight/encroachment planes) are used to step down building massing to less intensive uses (e.g. where mixed-use meets single-family residential).
Intent
To encourage building heights and massing that are responsive to the surrounding context, including opportunities to reinforce the built character along streets as well as the need to transition to lower- density surroundings in the rear.
Standards
Street stepbacks: Street-facing facades greater than 4 stories shall be stepped back a minimum of ten feet from the minimum setback line. Uses allowed within the stepback depth include balconies, terraces, shade structures, and similar open space features.
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Interior/rear stepbacks: Adjacent to Residential zoning districts, buildings shall not be located within a plane sloping upward and inward at a 45 -degree angle measured from the vertical, starting 25 feet above the existing grade along the property lin e. Uses allowed within the stepback include balconies, terraces, shade structures, and similar open space features.
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Rooflines
Considerations
• Standards encouraging varied roo f lines can help prevent monolithic buildings and add visual interest in new development.
• One approach can be to allow buildings to exceed height limits but only for a percentage of the building footprint, so that the additional floor contributes to variations in the roof line and/or façade plane.
• If the additional height bonus (described above) is not desired, “height averaging” may be used, which allows the additional height only if other portions of the building are shorter in equal measure, so that the average height of building is at or even below the height limit. This could result in greater variation in building form and rooflines, but makes it somewhat less likely that a developer would choose this option.
Intent
To allow space for variation and incentivize d iffering building heights within the same project, contributing to a more distinctive and visually compelling skyline.
Standards
Roofline variation: Buildings may exceed the height limit by up to 14 feet for a maximum of 30 percent of a building’s footprint. This allowance is not applicable within interior/rear setbacks or stepbacks and may not be used in conjunction with a concession for building height through density bonus.
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Modulation
Considerations
• Building modulation/articulation standards help to avoid monotonous and flat façades by requiring portions of a building façade to be stepped back from the street. • There are several potential approaches to modulation standards, some that are more prescriptive than others in dictating building form. The menu of standards options included below emphasize flexible approaches to modulation that are not specific to a part icular architectural style and that allow for creativity in design.
• When modulation, length, and corner treatment standards are used together, it is important to understand how they relate to each other in specific areas with unique parcel sizes and development typologies so that unintended consequences are avoided. • Façade lengths, areas, and depth requirements may be modified to better fit the individual style or objectives of the city.
Intent
To prevent building façades that are monolithic in appearance and avoid flat or featureless design.
Standards
Façade modulation: Façades shall be modulated with at least three of the following elements:
a) Balconies recessed at least 2 feet in depth;
b) Vertical pilasters 3 inches in depth reflecting building structure or architectural style; c) Horizontal bands, trims, or reveals 3 inches in depth along multiple levels; d) A change in material or texture (excluding windows, doors and railings).
Façade length: Street-facing façades of 150 feet or longer shall include a minimum break of 10 percent of the façade length or 20 feet in width, at least 10 feet deep and open to the sky.
Corner treatments: Corner-facing facades of 75 feet or longer shall incorporate at least two of the following elements within 50 feet of the building corner along the primary frontage:
a) A building entrance;
b) A change in height of at least 4 feet for an area 10 feet by 10 feet minimum; c) A change in façade plane on upper stories of at least 2 feet in depth; d) A change of façade material or texture (excluding windows, doors and railings); e) A public open space or outdoor dining.
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Frontages
Ground Floor
Considerations
• Standards in this section are designed for both non-residential (including commercial) space or residential common spaces along the ground floor, such as lobbies, lounges, or fitness centers. If individual residential unit entrances are allowed on the ground floor, see the Multi-Family Standards in Section III of this document.
• Ground floor heights less than 14-15 feet can be harder to lease to retail tenants. Also, taller ground floor heights contribute to a “base-middle-top” architectural approach that is typically desirable. that this is a floor -to-floor measurement, so floor -to-ceiling heights will be lower in a finished tenant space.
• Transparency requirements should be higher in pedestrian-oriented retail areas (70-80%) and may be lower (around 50%) in more auto-oriented areas where transparency may not be as feasible for many uses.
Intent
To promote an active, accessible, and comfortable pedestrian environment that enhances the public realm at a human scale, promotes a sense of openness, and enables flexible uses over time.
Standards
Floor height: Ground floor commercial, non -residential, and residential common spaces shall have a minimum height of 15 feet, measured floor-to-floor. Ground floor residential units shall have a minimum height of 10 feet, measured floor-to-floor.
Elevation: The ground floor shall be located within 2 feet above or below sidewalk elevation. Primary entrances shall be located at sidewalk elevation.
Entrances. Street-facing façades shall provide a minimum of one entrance per 100 feet of frontage. These entrances shall open directly onto the sidewalk or another public open space , and be distinguished by at least one of the following:
a) Awning/canopy;
b) Porch/portico;
c) Trellis; or
d) Architectural element that creates well-defined entrance.
Recessed entrances. Primary building entrances shall be set back at least 30 inches from the façade.
Secondary building entrances shall be setback at least 30 inches from the public right-of-way.
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Transparency: Street-facing façades shall incorporate glazing for a certain percentage of the building frontage between 2 and 8 feet in height from sidewalk elevation. Windows shall provide views into display, lobby, sales, work, or similar active areas.
For non-residential and residential common space uses, at least 60 percent of the frontage shall be transparent.
For ground floor residential units, at least 15 percent of the frontage shall be transparent.
Blank walls: Windowless expanses of walls on the ground floor s hall not exceed 20 feet in length. Blank walls over 10 feet in length shall be enhanced by one of the following:
a) Pattern, motif, etching, or similar decoration;
b) Landscaping that covers at least 50 percent of the wall area; c) Trellis or similar projection;
d) Public art approved by review authority.
Security devices: Any security devices (i.e. roll -up doors) shall be designed to be fully concealed and hidden from view during business hours.
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Façades
Considerations
• Architectural elements can be difficult to standardize – especially when they must account for different architectural styles – and the standards here are meant to be flexible to allow architects creative license for various kinds of façade detailing. • Transparency is important and helps provide eyes on the street, though there can be reasons to limit the amount required, such as privacy. Solar heat gain in the summer is another, though that can be partially mitigated by shading devices.
• Allowing balconies to project a certain amount fro m the building façade – but only counting them towards the Open Space requirements with a 5-foot minimum dimension (see following section) – means they will need to be inset, adding another level of plane variation to the building façade. • Lighting is important for safety in large projects, but is also a common complaint among neighbors of new development. These standards are designed to reduce light trespass. • General material standards are provided to prevent incongruent building façades with excessive changes in materials. The City may opt to include specific materials and/or colors standards based on the existing character of the street.
Intent
To address the incorporation of architectural elements and features for attractive articulation, creating well- designed and coherent building façades with sufficient detail, relief and/or variation.
Standards
Composition: Street-facing façades shall include at least three of the following:
a) Pattern of modulation or fenestration;
b) Datum lines along the length of the building (e.g. cornice) at least 4 inches in depth; c) Repeated projections (e.g. architectural detail, shading) at least 4 inches in depth; d) Balconies over 20 percent of the elevation;
e) Screening (e.g. lattices, louvers).
Transparency: Street-facing façades shall incorporate glazing for at least 30 percent of the façade, including ground floor transparency.
Windows: Windows shall be recessed at least 2 inches from the face of the façade.
Windows shall have a visible transmittance (VT) of 0.6 or higher. Mirrored, tinted or highly reflective glazing is prohibited.
Materials: A minimum of two materials shall be used on any building façade, in addition to glazing, railings, and trim, and shall correspond to variations in building plane.
A primary material shall cover at least 40 percent of any building façade, excluding windows.
Color: No more than four colors shall be applied to the building façade (one primary color and up to three trim colors), excluding art (e.g. a mural).
Balconies: Balconies shall not be located within 6 feet of any interior property line
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Balcony projections: Balconies shall project a maximum of 4 feet from the building façade.
Roof decks: Roof decks located within 25 feet of a Residential zoning district shall be set back a minimum of 5 feet from the building edge.
The sum of all roof decks on a single building shall not exceed 60 percent of the roof area to allow for mechanical equipment including solar panels.
Lighting: All structures, entrances, parking areas, common open spaces, and pedestrian pathways shall be lit from dusk to dawn.
Lighting shall be located to illuminate only the intended area, and a minimum of 90% of all lighting shall be directed downward.
Lighting shall not extend beyond an interior property line, and light sources shall not be visible from adjacent properties.
Screening: Mechanical equipment, excluding solar panels, shall be screened from public view.
Fences and walls: Barbed wire, chain-link, and razor wire are prohibited.
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Open Space
Considerations
• Minimum open space area recommendations are based on the size and type of project. In the example standards below, private open space is specific to a unit, while common open space is shared by multiple residents, but generally not open to the public. • While many California cities require open space through a per unit requirement (e.g. 200 sf/unit) some cities have moved to a requirement based on a building’s gross floor area (GFA) to more closely correlate the amount of open space to the size of the building and the expected number of residents. With per unit requirements, a studio and a 3-bedroom unit would be required to provide the same amount of open space, despite likely differences in the number of people living in the unit.
• Open space requirements directly influence the massing and design of a building: in general, greater private and/or common open space requirements tend to lead to more balconies, upper floor terraces, ground floor courtyards, amenity spaces over parking podiums, and other types of open space that influence a building’s character, scale, and form. • Cities may opt to emphasize common space over private, or vice versa. Though we recommend combining the two into one residential open space requirement to allow for more design flexibility, cities may still prioritize one over the other by including standards for a mini mum or maximum percentage which may be counted towards either, depending on the focus of the city. Private open space typically means more balconies, while common can lead to more courtyards or roof decks . • Some cities now require open space for large non -residential/commercial buildings – and, while unlikely in a housing-focused project, a standard based on GFA is included below.
Intent
To provide a variety of open spaces that contribute enhanced livability by providing residents access to light and air, and tie open space requirements to the size of buildings and number of residents.
Standards
Minimum Area
Minimum Open Space shall comply with the applicable design standards depending on type of open space.
Areas used for parking, loading, or storage shall not be counted towards minimum Open Space. • Residential Open Space: Projects with a residential component shall provide a minimum of 15 percent of the residential GFA as a combination of Common and Private Open Space.
• Non-residential Open Space: Projects with over 40,000 square feet of non-residential GFA shall provide a minimum of 5 percent of the non-residential GFA as a combination of Common Open Space.
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Private Open Space
Access: Private Open Space shall abut and have direct access to the associated tenant space.
Amount: A minimum of 30 percent of the required Residential Open Space shall be Private Open Space.
Dimensions: Private Open Space shall have a minimum area of 40 square feet and a minimum dimension of 5 feet in each direction.
Distribution: All Private Open Space shall be outdoors and may be located within a required setback or stepback.
Common Open Space
Access: Common Open Space shall be available to all tenants of the building at no cost.
Amount: A minimum of 30 percent of the required Residential Open Space shall be Common Open Space.
Dimensions: Common Open Space shall have a minimum area of 500 square feet and a minimum dimension of 15 feet in each direction.
Distribution: A minimum of 70 percent of Common Open Space shall be outdoors, and a minimum of 80 percent of outdoor Common Open Space shall be open to the sky.
A maximum of 30 percent of Common Open Space shall be indoors (i.e. lounges, fitness centers, and similar). Indoor Common Open Space shall not include spaces primarily used for circulation.
Landscaping: A minimum of 25 percent of Common Open Space shall be planted area .
Trees: A minimum of one 24 -inch box tree per project or for every 500 square feet of outdoor Common Open Space, whichever is greater, shall be planted within the Common Open Space , excluding rooftop decks.
Hardscape: A maximum of 25 percent of Common Open Space may be paved in standard concrete, with the remainder using enhanced paving such as brick, natural stone, unit concrete pavers, textured/ colored concrete, or similar.
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Parking
Considerations
• According to recent California State law, no parking is required for housing within a half-mile radius of high-quality public transit stops. Regardless, it is expected that many new projects will include at least some parking.
• Curb cuts can create conflict between vehicles and pedestrians, as well as vehicles and other vehicles. In general, driveways should be avoided on primary corridors and instead development should provide vehicular access from side streets or from alleys if present.
Intent
To reduce the visual impacts of parking and reduce the potential for conflicts between vehicles and pedestrians on the sidewalk.
Standards
Minimum Parking
Number of Spaces: A maximum of one two -way driveway shall be permitted on sites with less than 200 feet of primary street frontage. A maximum of two two -lane driveways shall be permitted on sites with 200 feet or more of primary street frontage.
Residential Uses
1 bedroom or less 1 per unit
2 bedrooms or more 1.5 per unit
Guest 1 per 5 units
Commercial Uses
Retail, restaurant 1 per 500 st ft
Vehicle Access
Driveways: A maximum of one two -way driveway shall be permitted on sites with less than 200 feet of primary street frontage. A maximum of two two -lane driveways shall be permitted on sites with 200 feet or more of primary street frontage.
A minimum of one driveway shall be located on a secondary street or alley, where available.
Driveways and associated curb-cuts shall have a maximum width of 25 feet.
The minimum distance between driveways on the same lot shall be 50 feet.
Controlled entrances to parking (e.g. gates) shall be located at least 20 feet from the property line to allow for a queueing vehicle.
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Surface Parking
Setbacks: Parking shall be set back a minimum of 30 feet from the primary frontage, 10 feet from any secondary frontage, and 5 feet from any adjacent Residential zoning district.
Parking shall be buffered by permitted non -parking uses or a landscaped setback adjacent to the property line, except for vehicle/pedestrian access.
Landscaped setbacks shall include hedges or shrubs with a minimum height of 3 feet at the time of planting that form a continuous visual screen to block vehicle headlights.
Landscaping: A minimum of 5 percent of the parking area shall be landscaped and permeable, in addition to any landscaped setbacks. This area shall be distributed throughout the parking area.
Trees: A minimum of one shade tree for every 4 vehicle parking spaces shall be planted and evenly distributed throughout the parking area.
Structured Parking
Setbacks: Structured parking shall be set back a minimum of 15 feet from any adjacent Residential zoning district.
Above ground parking shall be buffered by permitted non -parking uses with a minimum depth of 35 feet adjacent to the primary street property line, except for vehicle/pedestrian access.
Semi-subterranean parking shall not extend beyond the building façade and may not project higher than four feet above sidewalk elevation.
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III. Multi-Family
Form & Scale
Setbacks
Considerations
• Street setback standards help contribute to an area’s urban form by establishing either a traditional, pedestrian character in which buildings are placed directly adjacent to the street; or alternatively, by establishing a more auto-oriented character where buildings are placed towards the rear of the parcel, typically with parking in front.
• Low to medium -density residential developments typically have larger setbacks than higher - intensity uses in order to give residents privacy and separation from the pub lic realm. At least 5 to 10 feet is recommended.
• Buildings with consistent setbacks create a comfortable rhythm along the street and contribute to the walkability of the neighborhood.
Intent
To provide a consistent street edge that defines the pedestrian environment, enhances the character of the public right-of-way, and creates a sense of place.
Standards
Setbacks: Buildings shall be set back a minimum of 15 feet from the property line. A minimum of 50 percent of ground-floor building frontage shall be placed at or within 5 feet of the front setback.
Landscaping: All setbacks shall be landscaped with the exception of driveways and pedestrian paths.
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Stepbacks
Considerations
• Street stepbacks are used where there may be sensitivity to massing along the street frontage and/or where new development is permitted to be significantly higher than existing development and height transitions are desired.
• Portions of a building that are set back from t he street frontage are generally more hidden from view and can give the appearance of a shorter building to those on the street. • Interior stepbacks are used to step down building massing to less intensive uses (e.g. where higher- density meets single-family residential).
Intent
To encourage building scales that are responsive to the surrounding context, including opportunities to reinforce the built character along streets and transition to lower-density surroundings.
Standards
Street Stepbacks: On street-facing façades, portions of a building above the second story shall be stepped back a minimum of 5 feet, measured from the building façade.
Interior Stepbacks: On façades abutting R1 zoning districts, the building shall be stepped back above the second story a minimum of 5 feet, measured from the building façade.
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Modulation
Considerations
• Building modulation/articulation standards help to avoid monotonous and flat façades by requiring portions of a building façade to be stepped back from the street. • The menu of standards options included below emphasize flexible approaches to modulation that are not specific to a particular architectural style and that allow for creativity in design. • Dimension requirements may be modified to better fit the individual style or objectives of the city.
Intent
To design buildings with sensible forms and a unified architectural vision, creating visual patterns and rhythms in the façade while mitigating the monolithic appearance of larger buildings and avoiding flat or featureless design.
Standards
Building length: Buildings shall be no longer than 6 units or 150 feet in length, whichever is less, with a minimum separation of 10 feet between buildings.
Façade modulation. Street-facing façades over 2 stories in height shall incorporate two of the following:
a) A sloped roof with a pitch greater than 3/12;
b) A flat roof with a minimum 2 -foot vertical height difference for a minimum of 10 feet in length and depth;
c) A top-level stepback of at least 2 feet for a minimum of 25 percent of the length of the façade; d) A terrace at least 5 feet in depth and 8 feet in width, open to the sky, at least every 50 feet; e) Balconies over 20 percent of the elevation;
f) A change in material or texture (excluding windows, doors and railings).
Façade break. Façade planes adjacent to R1 zoning districts shall not exceed 5 0 feet in width without a façade break of at least 5 feet deep and 10 feet wide.
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Frontages
Ground Floor
Considerations
• Standards are designed for individual residential unit entries as townhome development is the most likely product at and below 25 dwelling units per acre. Activation of the street through high - quality design is especially important at lower densities since there are fewer people/businesses to make the street active.
• Entrances oriented toward the street and direct pathways help maintain connection to the public realm, while setbacks and an elevation change of at least a few steps can help physically separate them from passers-by.
• Walls, fences, and hardscape over 30 inches in height adjacent to the sidewalk can constrain the public realm, so it’s recommended to set these elements back and provide a landscaped buffer.
Intent
To promote an active, accessible, and comfortable pedestrian environment that enhances the public realm at a human scale, promotes a sense of openness, and enables flexible uses over time.
Standards
Entrances: Residential units located adjacent to a street shall have a primary entrance facing the street.
Entrances shall have a minimum 3 -foot by 3-foot covered landing area at the same grade as the interior floor.
Entrances shall incorporate at least three of the following:
a) Recession at least 2 feet from the building façade;
b) Overhead projection of at least 2 feet in depth (e.g. porch roof); c) A sidelight window, adjacent window, or door with a window; d) At least one stair, up or down, from the pedestrian pathway; e) Paving material, texture, or pattern differentiated from the pedestrian pathway.
Elevation: Buildings shall have a finished floor between two and four feet above the nearest public sidewalk elevation. On sloping sites, up to 25 percent of units may have finished floors up to 6 feet above the nearest sidewalk.
Paths: Pedestrian pathways to all primary entrances and common areas shall have a minimum clearance of 3 feet in width, including to lobbies, open space, parking, and refuse collection areas.
Where located parallel to a driveway, a change of material or pattern shal l distinguish pedestrian pathways from vehicular travel lanes.
Walls and fences: Freestanding walls, fences, and raised planters taller than 30 inches shall be set back a minimum of 18 inches from the property line, separated by planted area.
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Stoops and patios: The side of a patio or stoop (when parallel to a sidewalk) taller than 30 inches shall be set back a minimum of 18 inches from the property line, separated by planted area.
Façades
Considerations
• Architectural elements can be difficult to standardize – especially when they must account for different architectural styles – and the standards here are meant to be flexible to allow architects creative license for various kinds of façade detailing. • Transparency is important – though residential units require less than commercial uses. Solar heat gain in the summer can also be a reason to limit the transparency required, though that can be partially mitigated by appropriate shading.
• Allowing balconies to project a certain amount from the building façade – but only counting them towards the Open Space requirements with a larger dimension (see following section) – means they will need to be inset, adding another level of plane variation to the building façade. • Lighting is important for safety in large projects, but is also a common complaint among neighbors of new development. These standards are designed to reduce or eliminate light trespass. • General material standards are provided to prevent incongruent building façades with excessive changes in materials. The City may opt to include specific materials and/or colors standards based on the existing character of the street.
• In some townhome projects, particularly those on narrow lots, developers often build “side-loaded” townhomes in which the units are oriented parallel to the street, facing the driveway, so that the front of development appears to be the side of a unit. This typology has implic ations for the character of the neighborhood as the buildings don’t always appear to “address” the street.
Objective standards can help to mitigate this effect.
Intent
To address the incorporation of architectural elements and features for attractive art iculation, creating well-designed and coherent building façades with sufficient detail, relief and/or variation.
Standards
Transparency: Street-facing façades shall incorporate glazing for at least 20 percent of the overall façade, including at least 15 percent of the ground level.
Windows: Windows shall be recessed at least 2 inches from the face of the façade.
Windows shall have a visible transmittance (VT) of 0.5 or higher. Mirrored, tinted or highly reflective glazing is prohibited.
Materials: A minimum of two materials shall be used on any building façade, in addition to glazing, railings, and trim, and shall correspond to variations in building plane.
A primary material shall cover at least 40 percent of any building façade, excludi ng windows.
No more than four colors shall be applied to the building façade (one primary color and up to three trim colors), excluding art (e.g. a mural).
Color: No more than four colors shall be applied to the building façade (one primary color and up t o three trim colors), excluding art (e.g. a mural).
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Balconies: Balconies shall project a maximum of 4 feet from the building façade and shall not be located within 6 feet of any interior property line.
Side-loaded townhomes shall incorporate at least one street-facing balcony.
Lighting: All structures, entrances, parking areas, common open spaces, and pedestrian pathways shall be lit from dusk to dawn.
Lighting shall be located to illuminate only the intended area, and a minimum of 90 percent of lighting shall be directed downward.
Lighting shall not extend beyond an interior property line, and light sources shall not be visible from adjacent properties.
Screening: Rooftop equipment, excluding solar photovoltaic, shall be screened from public view .
Fences and walls: Barbed wire, chain-link, and razor wire are prohibited.
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Open Space
Considerations
• Minimum area recommendations are based on the size of the project. • Some cities have moved from a per unit requirement to one based on gross floor area (Los Angeles) or per bedroom (Pasadena) in order to better correlate the amount of open space to the size of the building and the expected number of residents.
• Basing the residential open space requirement on gross floor area is the simplest calculation for staff, yet the amount of floor area can change throughout the design process, making it harder for developers who don’t provide beyond the minimum.
Intent
To provide a variety of open spaces that contribute enhanced livability by providing residents access to light and air, and tie open space requirements to the size of buildings and number of residents.
Standards
Site Landscaping
At least 15 percent of the overall site shall be landscaped.
Minimum Area
Minimum Open Space areas shall comply with the applicable design standards depending on type of open space. Areas used for parking, loading, or storage shall not be counted towards minimum Open Space. ● Residential Open Space: Projects with a residential component shall provide a minimum of 15 percent of the residential GFA as Private Open Space and 5 percent of the residential GFA as Common Open Space.
Private Open Space
Access: Private Open Space shall abut and have direct access to the associated tenant space.
Dimensions: Private Open Space shall have a minimum area of 40 square feet and a minimum dimension of 5 feet in each direction, with a vertical clearance of at least 8 feet.
Distribution: Private Open Space shall be outdoors and may be located within a required setback.
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Common Open Space
Access: Common Open Space shall be available to all tenants of the building at no cost.
Types: Common Open Space shall be provided by at least one of the following and designed to comply with the associated standards:
a) Backyard or courtyard on the ground floor;
Dimensions: Common Open Space shall have a minimum area of 360 square feet and a minimum dimension of 15 feet in each direction.
Distribution: Common Open Space shall be outdoors, and a minimum of 80 percent of Common Open Space shall be open to the sky.
Landscaping: A minimum of 15 percent of Common Open Space shall be planted area with a minimum dimension of 30 inches in each direction, with a soil depth of at least 18 inches.
Trees: A minimum of one 24-inch box tree per project or for every 500 square feet of Common Open Space, whichever is greater, shall be planted within the Common Open Space. At least 50 percent shall be shade trees.
Hardscape: A maximum of 50 percent of Common Open Space may be paved in standard concrete, with the remainder using enhanced paving such as brick, natural stone, unit concrete pavers, textured/colored concrete, or similar.
Water features: A maximum of 10 percent of Common Open Space shall be decorative water features, such as fountains or reflecting pools.
b) Roof deck, terrace, or similar on upper floors;
Dimensions: Common Open Space shall have a minimum area of 400 square feet and a minimum dimension of 15 feet in each direction.
Distribution: Common Open Space shall be outdoors, and a min imum of 80 percent of Common Open Space shall be open to the sky.
Landscaping: A minimum of 15 percent of Common Open Space shall be planted area with a minimum dimension of 30 inches in each direction, with a soil depth of at least 18 inches.
Hardscape: A maximum of 50 percent of Common Open Space may be paved in standard concrete, with the remainder using enhanced paving such as brick, natural stone, unit concrete pavers, textured/colored concrete, or similar.
c) Multi-use driveway.
Paving. The entire surface of the driveway shall be comprised of permeable pavers.
Landscaped buffer. The driveway shall be lined by a minimum 18-inch wide planted area, except at garage entries and pedestrian pathways. If the landscaped buffer is adjacent to a wall, it shall include shrubs or vines of at least 24 inches in height.
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Parking
Considerations
• According to recent state law, no parking is required for housing within a half -mile radius of high- quality public transit stops. Regardless, it is expected that most new projects will include at least some parking.
• Curb cuts can create conflict between ve hicles and pedestrians, as well as vehicles and other vehicles. In general, corridors should maintain building frontages while vehicular access is located on side streets.
Intent
To reduce the visual impacts of parking and the potential for conflicts between vehicles and pedestrians on the sidewalk.
Standards
Vehicle Access
Driveways: A maximum of one two -way driveway shall be permitted on sites with less than 200 feet of primary street frontage. A maximum of two two -lane driveways shall be permitted on sit es with 200 feet or more of primary street frontage.
At least one driveway shall be located on a secondary street or alley, where available.
Driveways and associated curb-cuts shall have a maximum width of 25 feet.
The minimum distance between driveways on the same lot shall be 50 feet.
Controlled entrances to parking (e.g. gates) shall be located at least 20 feet from the property line to allow for a queueing vehicle.
Surface Parking
Setbacks: Parking shall be set back a minimum of 30 feet from the primary frontage, 10 feet from any secondary frontage, and 5 feet from any adjacent Residential zoning district.
Parking shall be buffered by permitted non -parking uses or a landscaped setback adjacent to the property line, except for vehicle/pedestrian access.
Landscaped setbacks shall include hedges or shrubs with a minimum h eight of 3 feet at the time of planting that form a continuous visual screen to block vehicle headlights.
Landscaping: A minimum of 5 percent of the parking area shall be landscaped and permeable, in addition to any landscaped setbacks. This area shall be distributed throughout the parking area.
Trees: A minimum of one shade tree for every 4 vehicle parking spaces shall be planted and evenly distributed throughout the parking area.
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Structured Parking
Setbacks: Structured parking (including underground) s hall be set back a minimum of 5 feet from any adjacent Residential zoning district.
Above ground parking shall be buffered by permitted non -parking uses with a minimum depth of 35 feet adjacent to the street property line, except for vehicle/pedestrian acc ess.
Semi-subterranean parking shall not extend beyond the building façade and may not project higher than four feet above sidewalk elevation.
ITEM # 12
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Joseph Palombi, Director of Planning & Community Development
SUBJECT: SECOND READING OF ORDINANCE NO. 2465 APPROVING A ZONE CODE AMENDMENT (“ZCA”) MODIFYING THE MONTEBELLO
MUNICIPAL CODE (“MMC”) TO ESTABLISH AN ART IN PUBLIC
PLACES PROGRAM, MODIFICATION TO MMC SECTION 17.62.050 TO REMOVE “MURALS” FROM THE LIST OF PROHIBITED SIGNS, AND
ADOPTION OF A CEQA EXEMPTION UNDER § 15061(B)(3)
DATE: September 13, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Hold second reading to Approve the Zone Code Amendment (ZCA) No. PC-2021- 0005-ZCA to establish an Art in Public Places Program; and
2. Waive second reading and adopt Ordinance No. 2465 establishing an Art in Public Places Program; and amending Section 17.62.050 of the Montebello Municipal Code (“MMC”) to remove “murals” from the list of prohibited signs; and
3. Find and determine the ZCA and Art in Public Places Program to be statutorily exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) considering that CEQA only applies to projects which have the potential for causing a significant effect on the environment; and
4. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
There will be an "in-lieu" fee established should the Zone Code Amendment be approved. Revenue generated from the Art in Public Places program in-lieu fee will be deposited into a separate "Special Revenue Fund" established per the ordinance guidelines (Section 17.79.030(B) and 17.79.080 et seq). Furthermore, the revenue in the "Special Revenue Fund" will be restricted in use "to provide sites for, and artwork in,
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 13, 2023
public places to further the intent and purpose of chapter 17.79 et seq.
Project applicants opting to pay an in-lieu fee, instead of proposing an installation of public artwork, will contribute towards the Art in Public Places account. This account will be used to fund public artwork at the discretion of the City Council. New commercial, industrial, manufacturing, and residential developments will be subject to a fee greater than or equal to 1% of the project costs if project costs are equal to or greater than $250,000; project costs that are under $2,000,000 will be subject to a 0.5% impact fee.
Staff will monitor the revenue generated and will include the newly established fund in future budgets, so that revenue and expenditure appropriations can be made pursuant to the ordinance.
BACKGROUND/DISCUSSION:
In response to the desire for public art within the community, the City of Montebello (“City”) Planning and Community Development Department, Planning Division has conducted research on Art in Public Places programs and how such programs can help fund public art in connection with any new development in the City. From an economic development perspective, the arts and culture sector would add local economic vitality to the City’s neighborhoods. Arts and cultural assets would attract regional attention resulting in increased consumer traffic for local businesses and restaurants via placemaking initiatives and opportunities. Enhancing the arts can also lead to employment opportunities for local artists as well as providing professional development activities for creative-sector entrepreneurs. In addition to placemaking opportunities, art and culture provides a window for reflection to help establish community identity and purpose.
Staff prepared a draft Art in Public Places Ordinance (“Draft Ordinance”) with the intent of facilitating the creative installation of high-quality art in the city that will foster the community’s aesthetic enjoyment, city pride, and enhance the value of local developments and public spaces. The Draft Ordinance is composed of the following major components: Selection of a qualified Art Advisory Consultant, Art in Public Places program guidelines, and Art in Public Places account. Additionally, an amendment to the City’s sign standards to remove the prohibition on mural art for consistency with the proposed Art in Public Places Program.
The Ordinance would establish a process where the proposed artwork would be evaluated by the Art in Public Places Advisory Consultant followed by a recommendation to the Director of Planning and Community Development. Subsequently, the Director would issue a formal Director’s Determination based on findings of fact as well as the recommendation from the Art in Public Places Advisory Consultant (the “Art Consultant”). The main role of the Art Consultant would be to ensure compliance with the established criteria contained in the Art in Public Places Program and provide a mechanism where the proposed artwork is reviewed in advance to provide a recommendation to the Director. The Art Consultant would be selected by the City Council to review all applications and make recommendations to the Department Director. As previously mentioned, final decisions regarding proposed artwork will be rendered by the Director of Planning and Community Development in the form of a
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 13, 2023
Director’s Determination based on findings of fact and a recommendation from the Art Consultant.
The purpose of the Art in Public Places Program is to provide a collection of aesthetically pleasing artwork throughout the City for public benefit. The program will create a funding mechanism, establish an approval process, and set guidelines for public artwork. This program will generally apply to the following:
• For commercial, industrial, and manufacturing projects, the cost or value of the artwork shall be an amount equal to or greater than 1% of the project costs if project costs are equal to or greater than $250,000; project costs that are under $2,000,000 will be subject to a .5% impact fee.
• For residential projects, the cost or value of the artwork shall be an amount equal to or greater than 1% of the project costs for all projects, including mixed-use projects, with 50 or more proposed dwelling units; 100% affordable housing developments receiving City, State, or Federal financial assistance shall be exempt from this policy.
For development projects that are subject to the Art in Public Places Program, the project applicant may either:
1. Acquire and install artwork in a public place on or in the vicinity of the project site.
The cost or value of the artwork shall be an amount equal to or greater than 1% of the project cost; or
2. Pay an in-lieu fee equal to or greater than the cost of value of the artwork that would have been required otherwise; and
3. If the art installation is on private property, the art installation must be accessible to the general public during normal business hours of the private business or property.
Currently, MMC Section 17.62.050 lists “murals” as prohibited signage. If approved, the Ordinance will remove the prohibition and allow mural art pursuant to the Art in Public Places Program guidelines. An amendment to the City’s sign standards is proposed to eliminate the inconsistency with the proposed definition of “artwork” in the new Draft Ordinance.
On August 23, 2023, the City Council held a duly noticed public hearing and unanimously approved the Zone Code Amendment (ZCA) No. PC-2021-0005-ZCA to establish an Art in Public Places Program, and a modification to MMC Section 17.62.050 to remove “murals” from the list of prohibited signs. No public comments were received in connection with this matter.
ENVIRONMENTAL:
Pursuant to the California Environmental Quality Act (CEQA), this project is exempt from CEQA under the common sense rule that CEQA applies only to projects which have the
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 13, 2023
potential for causing a significant effect on the environment. Because it can be seen with certainty that there is no possibility that this project will have a significant effect on the environment, the project is not subject to CEQA pursuant to State CEQA Guidelines Section 15061(b)(3).
ANALYSIS:
To make the fee comparable to neighboring cities, Staff researched fees that neighboring cities impose. The table below is a summary of fees from neighboring cities with Arts in Public Places programs. Each city listed below gives applicants the choice of acquiring and installing artwork on the project site or paying the in-lieu fee.
Burbank 1% of total project cost for the first $15 million Cerritos 1% of total project valuation of new development projects with building valuations equal to or exceeding $250 thousand Commerce 1% of the total project costs if project costs equal or exceed $250 thousand
Downey 1% of construction or reconstruction costs if project valuation is equal to or exceeds $500 thousand
El Monte 1% of total project costs for commercial and industrial projects with project costs exceeding $500 thousand or for residential projects of 4 or more dwelling units
Santa Fe Springs 1% of total project costs if project costs equal or exceed $300 thousand
West Covina .5% of total project costs for residential projects if the project consists of 10 or more dwelling units or 1% of total project costs for non-residential projects if project costs equal to or exceed $500 thousand
Whittier .5% of total project costs if total value equals to or exceeds $250 thousand
The proposed fee in the draft Ordinance is either .5% or 1% of total project costs if project costs are equal to or exceed two hundred-fifty thousand ($250,000), which is generally consistent with fees imposed by surrounding cities as noted in the above referenced matrix.
To demonstrate adequate community engagement/outreach to the City’s business community in obtaining feedback and public support for the proposed Art in Public Places Program, staff from the Planning and Community Development Department provided a presentation to the Montebello Chamber of Commerce Economic Development Committee and a pop-up workshop during the City’s annual summer street festival. At the pop-up workshop, City staff outlined the purpose and intent of the Art in Public Places
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 13, 2023
Program and how it will enhance current and future development that will arise from the City’s General Plan Update, the Downtown Montebello Specific Plan, and the Transit- Oriented District along the Washington Blvd. commercial corridor. City staff also engaged the public via a written community interest survey to solicit input on the role of public art and cultural activities within the city during the summer street festival. At the event, a total of 45 individuals participated in the survey, 28 of which were Montebello residents. When asked if access to public art and cultural activities was important to their quality of life, 95% of respondents answered in the affirmative. According to 44% of the respondents, Montebello has public art and cultural activities for the general public, but not enough of it. When asked where they would like to see public art in Montebello, a majority (29 of 45 respondents) indicated their preference to be the Downtown corridor along Whittier Blvd. Lastly, when survey participants were asked about how they would like to see public art incorporated into new developments in the city, 25 of the 45 responses stated that they would prefer a mixture of different art media to be part of the project.
SUMMARY:
Staff recommends that the City Council waive second reading and approve: 1) the Zone Code Amendment (ZCA) No. PC-2021-00050-ZCA to establish an Art in Public Places Program, 2) Ordinance No. 2465 establishing an Art in Public Places Program and amending Section 17.62.050 of the MMC to remove “murals” from the list of prohibited signs; and 3) the CEQA Common Sense Exemption for the proposed project.
ATTACHMENT(S)
1. ATTACHMENT A - Art in Public Places Ordinance No. 2465 (1)
2. ATTACHMENT B - CEQA NOE
NEXT STEPS:
The next steps will include, among other things, a request from staff to the City Council to issue a Request for Proposals (“RFP”) to secure a qualified Art Consultant for future consideration and approval by the City Council. It is anticipated that the RFP will be released in October/November 2023. The goal will be to properly select a qualified Art Consultant during the first quarter of 2024. Once this process is complete, staff will be in a position to implement the approved Art in Public Places Program including any proposed artwork.
ATTACHMENT A
ORDINANCE NO. 2465
AN ORDINANCE OF THE CITY OF MONTEBELLO, CALIFORNIA
ADDING CHAPTER 17.79 TO TITLE 17 OF THE MONTEBELLO
MUNICIPAL CODE TO ESTABLISH AN ART IN PUBLIC PLACES
PROGRAM; REMOVING THE TERM “MURALS” FROM TITLE 17,
CHAPTER 17.62, SECTION 17.62.050 OF THE MONTEBELLO
MUNICIPAL CODE; AND ADOPTION OF A CEQA EXEMPTION UNDER
§ 15061(B)(3)
WHEREAS, the Montebello City Council (“City Council”) wishes to maintain the character of the City of Montebello (“City”) and create the best possible environment for the individuals living in, working in, and visiting the City; and WHEREAS, to maintain the aesthetics of the City, the City Council believes that development in the City should be planned and executed to enhance the visual character and beauty of the City; and
WHEREAS, in addition to beautifying, the arts can sensitize and humanize, provide social involvement, and assist in education, personality development, and community well-being; and
WHEREAS, with this Ordinance the City Council wishes to amend Chapter 17.62 “Signs” of the Montebello Municipal Code (“MMC”) to remove “murals” from the list of unauthorized signs in Section 17.62.050 “Prohibited signs”; and WHEREAS, with this Ordinance the City Council wishes to establish criteria for approving artwork throughout the City by adding Chapter 17.79 “Art in Public Places Program” to the MMC.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Section 17.62.050 of the MMC is hereby amended to read in its entirety as follows (deletions in strikethrough and additions in double underline):
17.62.050 - Prohibited signs.
A. The following signs are prohibited except as provided in Section 17.62.160, Nonconforming signs, Section 17.62.160, Temporary signs, and Section
17.62.105, Off-Premises Digital Display Signs:
ORDINANCE NO. 2465
1. Signs that include video, blink, or move in any manner, have any portions that move, or have the appearance of moving, including animated or scrolling electronic text that clocks, time and temperature displays, civic and public services, and unique/creative signs allowed through the approval of a Planned Sign Program are exempt from this prohibition;
2. Flags (except those which are raised and lowered on permanently fixed flag poles), pennants, banners, paper, wind driven signs (except where specifically provided for within this code);
3. Roof signs;
4. Sign structures and supports no longer in use;
5. Portable signs;
6. Commercial advertising statuary;
7. Signs painted directly onto exterior wall surfaces (such as exterior building walls and masonry block walls, etc.);
8. Inflatable signs (except as provided in
Sections 17.62.110 and 17.62.170 of this chapter);
9. New off-premises signs, except those permitted pursuant to this chapter;
10. Murals.
B. No person shall construct, place or maintain any sign, signboard, billboard, street bulletin board, sign or advertisement in, over, along, across or upon any public street or public parkway, or other public place within the city, except as provided in Section 17.62.110 or Section 17.62.105 of this chapter.
C. Nothing contained in this title shall be construed to prohibit the erection or placing in any public street, parkway or other public place, of signs, notices or signals under the authority of the city council or of this code.
D. No person shall paint, post, attach or affix any handbill, notice, sign or advertisement upon any object in the public right-of-way, or to any bridge, fence, light pole, building, structure, or other property within public view, nor to any tree in any public right-of-way or public place; nor shall any person deface, mar or disfigure any such bridge, fence, light pole, building, tree, etc.
SECTION 2. Chapter 17.79 entitled “ART IN PUBLIC PLACES PROGRAM” is hereby added to the MMC to read in its entirety as follows:
Chapter 17.79 – ART IN PUBLIC PLACES PROGRAM
17.79.010 - Program created.
This chapter may be known and cited as the City of Montebello "Art in Public Places Program." The intent of the Art in Public Places Program is to provide a collection of artwork throughout the City to be of public benefit. The program is designed to present
ORDINANCE NO. 2465
the community with a variety of artwork styles and themes, all of the highest possible quality.
17.79.020 - Definitions.
As used in this chapter:
A. "Acquire and install" means the developer will be responsible to select an artist and obtain proper approval regarding the artwork and the placement of the artwork as per this chapter.
B. "Artwork" means durable creations that may be original or limited editions of art that may include, but is not limited to, sculptures, murals, monuments, frescoes, fountains, mosaics, paintings, stained glass, or ceramics.
These creations are not limited by medium used, but may be realized through media such as steel, bronze, marble, stained glass, concrete, wood, ceramic tile and stone, as well as, other suitable materials.
C. “Consultant” means the Art in Public Places Advisory Consultant.
D. “Director” means the Director of the Planning and Community Department of the City of Montebello.
E. “Department” means the Planning and Community Department of the City of Montebello.
F. "Project" means the type of development being proposed, whether commercial, industrial, manufacturing, open space or residential. A project may include new construction, additions, expansions, remodels, façade improvements, interior tenant improvements, alterations, repairs, removals and demolitions.
G. "Project applicant" means the property owner, developer or other responsible party proposing the project and seeking the required permits.
H. “Project cost” means the building valuation for a particular building or improvement, excluding the land value, as determined by the City’s Building Official, and indicated on the building permits issued by the City for that project.
I. "Project site" means the location of the improvements being developed.
ORDINANCE NO. 2465
J. "Public place" means any area on public or private property within the City of Montebello, either interior or exterior, which must be easily accessible and visible to the general public from adjacent public property such as a street or other public thoroughfare or sidewalk.
17.79.030 - Requirement to provide artwork or pay in-lieu contribution.
When a project is subject to the requirements of this chapter, the project applicant shall comply with provisions of either subsection (A) or (B) or a combination of both.
A. The project applicant shall acquire and install an artwork in a public place on or in the vicinity of the project site as approved by the Director pursuant to this chapter.
The artwork shall have a cost or value that is calculated as follows:
1. For commercial, industrial, or manufacturing projects listed in Section
17.79.040, the cost or value of the artwork shall be an amount equal to or greater than 1% of the project costs if project costs are equal to or greater than $250,000; project costs that are under $2,000,000 will be subject to a .5% impact fee pursuant to this chapter. No credit will be provided for demolished structures.
2. For residential projects listed in Section 17.79.040, the cost or value of the artwork shall be an amount equal to or greater than 1% of the project costs for all projects, including mixed-use projects, with 50 or more dwelling units.
No credit will be provided for demolished residential units.
Project applicants shall indicate on their Art in Public Places application that they wish to acquire and install artwork per the ordinance codified in this chapter. The Director can assist the project applicant in locating information on artists should they desire assistance. The timing of the installation of the artwork shall be pursuant to Section 17.79.050.I.
B. In-lieu of acquiring and installing an artwork, project applicants shall contribute funds to the Art in Public Places account established pursuant to Section
17.79.080. The in-lieu fee shall be calculated as follows:
1. For commercial, industrial, or manufacturing development projects listed in Section 17.79.040, the in-lieu fee shall be an amount equal to or greater than 1% of the project costs if project costs are equal to or greater than $250,000; project costs that are under $2,000,000 will be subject to a .5% impact fee pursuant to this chapter. No credit will be provided for demolished structures.
ORDINANCE NO. 2465
2. For residential development projects listed in Section 17.79.040, the in-lieu fee shall be an amount equal to or greater than 1% of the project costs for all projects, including mixed-use projects, with 50 or more dwelling units. No credit will be provided for demolished residential units.
3. The in-lieu fee shall be paid pursuant to Section 17.79.050.J. Project applicants shall indicate on their Art in Public Places application that they wish to make an in-lieu contribution.
17.79.040 - Projects subject to Art in Public Places requirement.
The requirements of this chapter shall apply to the following activities:
A. Commercial, industrial, or manufacturing development projects including, but not limited to, new construction, additions, expansions, remodels, façade improvements, interior tenant improvements, alterations, repairs, removals and demolitions. The term "new commercial, industrial, or manufacturing developments" is defined to include all those listed within Title 17 of the MMC.
B. Residential development projects, including:
a. New residential development projects of more than fifty (50) units, whether by detached single family residential structures, condominiums, apartments, townhouses or other dwelling units; and
b. Development projects on existing residential developments of more than fifty (50) units, including, but not limited to, new construction, additions, expansions, remodels, façade improvements, interior tenant improvements, alterations, repairs, removals and demolitions. The term “residential development” is defined to include all those listed within Title 17 of the Montebello Municipal Code.
Exceptions. The requirements of this chapter shall not apply to the following activities or projects:
1. Public projects undertaken by any agency of the City, State, County, School District or any other governmental entity;
2. Reconstruction of structures that have been damaged by fire, flood, wind, earthquake or other calamity;
ORDINANCE NO. 2465
3. 100 percent affordable housing developments receiving City, State or Federal assistance;
4. Performing arts facilities;
5. Museums;
6. Senior housing projects; and
7. Projects owned and developed exclusively by nonprofit organizations qualified under Section 501(c)(3) of the United States Internal Revenue Code. Organizations must provide the following to be granted an exemption:
a. A certificate of filing, certificate of status, certificate of incorporation, or exemption determination letter of the California Secretary of State (Revenue and Taxation Code Section 26451.3 provides that the Exemption Application FTB3500, together with any supporting documents, shall be open to public inspection, if granted); or b. A determination letter of Internal Revenue Service (IRS) recognition of their Section of 501(c)(3) exempt status (an organization that submits an application to the IRS and has it approved must make a copy of the application and supporting documents, as well as, any letter issued by the IRS, available for public inspection).
C. Requesting an Exemption. When a project applicant seeks an exemption from the requirements of this chapter, they must do the following:
1. Once a project applicant is made aware of the requirements of this chapter and the qualifying project developments that trigger such requirements, they must within thirty (30) days send a letter to the Director stating why the project applicant feels that the project should not be subject to the requirements established in Section 17.79.040 and that an exemption is requested.
2. The Director will provide the exemption request to the Art in Public Places Advisory Consultant for review. Once the Consultant has reviewed the request, it shall forward its recommendation to the Planning Commission for final decision.
17.79.050 - Processing.
ORDINANCE NO. 2465
The requirements and procedures for the processing of an Art in Public Places application shall be as follows:
A. When a project application is submitted to the Planning and Community Development Department, the application shall be processed pursuant to the ordinance codified in this chapter and an Art in Public Places application form will be provided.
B. Thereafter, the project applicant shall submit to the Department a completed Art in Public Places application form. Guidelines for the submission of all applications required under this chapter are listed in Section 17.79.070.
C. Upon receipt of the Art in Public Places application, the Department shall maintain proof of the filing. If the project applicant has chosen to acquire and install artwork, the Consultant will review the application, which shall include a proposal that details the artwork. The application shall be reviewed and deemed complete by the Director of Planning and Community Development or designee prior to review by the Art in Public Places Advisory Consultant.
D. The Art in Public Places Advisory Consultant shall review all proposed artwork and make its recommendation to the Director for action based on the following findings:
1. Complies with the provisions of this chapter;
2. Protects the general health, safety and welfare of the city; and
3. Meets requirements of artistic merit.
E. Any person interested in and affected by the proposed artwork may file written protests or objections with the City Clerk prior to the issuance of a permit by the City, per instructions provided in the application package. Each such protest or objection must contain a description of the property and artwork being appealed.
Upon the hour and date set for the final review, the City’s City Manager (“City Manager”) shall hear and pass upon the application together with any objections or protests that may be raised by any person.
F. The Director, based upon the guidelines set forth in Section 17.79.070, approve, approve in part, conditionally approve or deny the application.
ORDINANCE NO. 2465
G. The final decision by the Director shall be confirmed by Director’s Determination.
Said determination shall include a finding of whether the cost or value of the artwork equals or exceeds the amount of the in-lieu contribution which the applicant seeks to satisfy. The decision of the Director on the application shall be final and conclusive (unless an appeal has been filed with the City Clerk in conformance with paragraph E) with authority to revoke permits for non- compliance.
I. When the project applicant has elected to acquire and install an artwork, the building permit shall not be issued until the Director has approved the Art in Public Places application, and occupancy shall not be allowed until the approved work of art has been installed unless an in-lieu fee is paid as a deposit in the full amount of the artwork cost or value as required in section 17.79.030.A to secure the proper installation of the artwork within a reasonable period of time as specified by the Director
J. When the project applicant has elected to pay an in-lieu fee to the Art in Public Places account, a building permit shall not be issued until such fee has been paid, unless otherwise authorized by the Director.
17.79.060 – Art in Public Places Advisory Consultant
An Art in Public Places Advisory Consultant shall be selected by the City Council to review the applications and examine the proposals for public safety, weather resistance, compliance with program, verification of value, public response, proper lighting, public accessibility, relevance, installation methods, proportion, composition, the artist’s previous experience, and the artist’s art training and exhibition record.
17.79.070 - Guidelines for approval of artwork.
Guidelines for the approval and maintenance of artworks shall include, but are not limited to, the following criteria:
A. The composition of the proposed artwork shall be of a permanent material which will be durable against vandalism, theft, weather and will require a low level of maintenance. The property owner shall maintain insurance for the artwork at all times equivalent to the current market value of the artwork.
B. The artwork shall be complimentary to its surrounding environment, including adjacent buildings, landscaping, and other natural features, as it relates to scale, proportion, material, form and content.
ORDINANCE NO. 2465
C. The artwork shall be designed and constructed by persons experienced and trained in the production of such artwork and recognized by art critics and by his/her peers as one who produces works of art.
D. The artistic merit of the artwork proposal will be evaluated by the Art in Public Places Advisory Consultant. Examples of the artist’s past work, such as, solo and group exhibit records, records of the artist’s work in private and public collections, art training, art education and printed critiques of past work, must be provided. Examples of similar work by the artist will be reviewed by the Art in Public Places Advisory Consultant. Verification of the purchase price of past works will serve to help validate the fair market price of the proposed commissioned artwork. The proposed artwork shall be submitted in the form of a 3-D model, color renderings or perspective drawings, from various viewpoints, subject to the review of the Director of Planning and Community Development or designee.
E. Placement of the artwork in a public place on or in the vicinity of the project site as approved by the Director pursuant to this chapter shall be showcased at the project site to allow for unobstructed viewing from as many angles as possible and shall serve as a focal point of the project site. Once the artwork has been installed, the property owner shall not obstruct viewing of any or all of the artwork.
Owner may temporarily obstruct the piece in order to perform maintenance or repairs of the artwork.
F. The artwork shall be maintained by the property owner in a safe, neat and orderly manner acceptable to the City. The property owner shall obtain from the artist maintenance instructions to follow including methods to maintain the artwork and the frequency of maintenance.
G. In the event that any artwork placed on the development as a result of the ordinance codified in this chapter is removed or destroyed, developer shall, within one hundred eighty days (180) of the removal or destruction, replace it with artwork which meets the requirements of this chapter. The replacement artwork must be equal in value to the removed/destroyed artwork's fair market value immediately prior to its removal or destruction.
H. The artwork shall become the property of the City of Montebello prior to the issuance of a certificate of occupancy by the Building and Safety division.
I. Prior to issuance of a certificate of occupancy for projects subject to the Art in Public Places requirement, the property owner, at his/her expense, shall: (1)
ORDINANCE NO. 2465
install the artwork; (2) execute and record with the Los Angeles County Recorder covenants, conditions and restrictions in form and content approved by the City Manager and the City Attorney providing, among other things, that the artwork is the property of the City of Montebello and that property owner and its successors, heirs and assigns shall maintain the artwork as required by subsection (F) above; (3) indemnify, defend and hold the City, its officers, employees and agents and related parties harmless from any and all claims or liabilities arising out of the artwork; and (4) maintain in the City Clerk's office a certificate of public liability insurance, naming the City as an additional insured in an amount not less than one million dollars ($1,000,000).
J. Expressions of obvious bad taste or profanity, which would be likely be offensive to the general public, are unacceptable.
K. Each piece of artwork shall be identified by a plaque at the site of an appropriate size and scale to the piece. The plaque shall be made of cast metal and then placed in a location near the art piece listing the title of the piece, the artist, the date, and the Montebello Art in Public Places program.
L. When selecting the location for artwork purchased through the Art in Public Places account, preference shall be given to publicly accessible public places.
This would include libraries, parks, office buildings, sidewalks, traffic islands, etc.
Lobbies, plazas, adjacent open spaces or exterior treatment of publicly owned buildings shall be potential sites, but the offices themselves of publicly owned buildings shall not be considered acceptable sites.
M. The following items are not to be considered as artwork:
1. Art objects or antique objects that are mass-produced from a standard design;
2. Reproductions of original artworks, with respect to copyrights and any other clearly defined residual rights, when not an integral part of an artwork or concept as presented in early design and concept phases;
3. Decorative, ornamental or functional elements that are designed by the building architect, as opposed to, an artist commissioned for the purpose of creating the artwork; or
4. Ornamental planting, except where these elements are designed or approved by the artist and are an integral part of the artwork by the artist.
ORDINANCE NO. 2465
17.79.080 - Art in Public Places account.
A. Accounting. Any monies collected by the City in accordance with the in-lieu contribution provisions of this chapter shall be deposited in a separate account denominated as the "Art in Public Places Account." The City Manager, Director of Finance, or designee shall establish accounting records sufficient to identify and control these funds. Furthermore, the City Manager, Director of Finance, or designee shall have discretion over how to account for the in-lieu monies, as per current accounting pronouncements and recognized best practices.
B. Use of Account. The Art in Public Places Account shall be used to provide sites for, and artwork in public places in order to further the intent and purpose of this chapter as set forth in Section 17.79.010.
C. Permissible Expenditures. Expenditures of funds shall be strictly limited to the following enumerated uses:
1. The cost of artwork and its installation;
2. Plaques for each artwork, as required by 17.79.060.K of this chapter;
3. Educational, promotional and any other such materials relating to artworks funded through the Art in Public Places account;
4. Frames, mats, pedestals and other objects necessary for the proper presentation of the artwork;
5. Walls, pools, water features, planting, lighting, architectural or landscape architectural elements, and other objects necessary for the proper aesthetic and structural placement of the artwork;
6. Maintenance and repair of artworks funded through the Art in Public Places account;
7. Events and ceremonies regarding the artwork to promote community awareness, outreach and education; and
8. Administrative expenses, including, but not limited to, legal, art consultant fees, research, travel costs and appraisal fees, to otherwise implement, uphold or carry out any provision of this chapter.
D. Administration.
ORDINANCE NO. 2465
1. The Art in Public Places account shall be managed and administered in the same manner as all of the City’s accounts.
2. The Art in Public Places Advisory Consultant shall make recommendations to the Director concerning the purchase or commissioning of artworks, including:
a. Places which should be considered for artworks; and
b. The medium of the proposed artwork; and
c. The artist whose work should be considered for placement in the recommended location;
d. The subject matter and theme of the artwork; and
e. The composition of the artwork.
3. Selection of artists and artworks shall be based on the guidelines set forth in Section 17.79.060.
4. The City will contract with the artist and with consultants, as necessary, for the purchase or commissioning, as well as, the execution and installation of the artwork.
5.On-site activity in connection with the artwork installation shall be coordinated by the Director or designee.
SECTION 3. INTERNAL CONSISTENCY. Any provisions of the Municipal Code, or any other resolution or ordinance of the City, to the extent that they are inconsistent with this Ordinance are hereby repealed, and the City Clerk shall make any necessary changes to the Municipal Code for internal consistency.
SECTION 4. SEVERABILITY. If any action, subsection, line, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid or unconstitutional, either facially or as applied, by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every individual section, subsection, line, sentence, clause, phrase, or word without regard to any such decision.
ORDINANCE NO. 2465
SECTION 5. SAVINGS CLAUSE. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City, or within the territory comprising the City, shall constitute a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinance.
SECTION 6. IMPLEMENTATION. The City Council hereby directs staff to apply this Ordinance to any applications and requests submitted on or after the effective date of this Ordinance and that pending applications and requests submitted prior to the effective date of this ordinance, which have not been approved, be processed under the provisions of this ordinance.
SECTION 7. CEQA FINDING. Pursuant to the California Environmental Quality Act (CEQA), this project is exempt from CEQA under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because it can be seen with certainty that there is no possibility that this project will have a significant effect on the environment, the project is not subject to CEQA pursuant to State CEQA Guidelines Section 15061(b)(3). Based on these findings, the City Council hereby adopts a CEQA exemption under § 15061(b)(3).
SECTION 8. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after approval by the City Council.
SECTION 9. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted according to law.
APPROVED AND ADOPTED ___ day of ________ 2023.
_______________________________
David N. Torres, Mayor
ATTEST:
________________________
Christopher Jimenez, City Clerk
ORDINANCE NO. 2465
APPROVED AS TO FORM:
__________________________________
Arnold M. Alvarez-Glasman, City Attorney
I HEREBY CERTIFY that the foregoing Ordinance was adopted by the City Council of the City of Montebello at its meeting held on the __ day of _________, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Christopher Jimenez, City Clerk
Notice of CEQA Exemption
City of Montebello 1
To:
County of Los Angeles
Registrar-Recorder/County Clerk
12400 Imperial Highway
Norwalk, CA 90650
From:
City of Montebello
Planning & Community Development Department
1600 W. Beverly Blvd.
Montebello, CA 90640
Lead Agency: City of Montebello, Planning and Community Development Department Project Title: Establishment of Art in Public Places Program and Committee and Modification to Sign Standards Project Location: Citywide
Case Number(s): ZCA No. PC-2021-0005-ZCA & ENV No. 105-21-CE Description of Nature, Purpose, and Beneficiaries of Project: A Zone Code Amendment (“ZCA”) to modify the Montebello Municipal Code (“MMC”) to establish an Art in Public Places Program and Advisory Committee, modification to Section 17.62.050 of the MMC to remove “murals” from the list of prohibited signs, and adoption of a CEQA Exemption under § 15061(b)(3)
Name of the Public Agency Approving the Project: City of Montebello Name of Person or Agency Carrying Out the Project: City of Montebello Exempt Status (check one)
Ministerial (Sec. 21080(b)(1); 15268(b)(3))
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number:
Statutory Exemptions. State code number: 15061(b)(3)
Justification for Project Exemption:
Pursuant to the California Environmental Quality Act (CEQA), this project is exempt from CEQA under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because it can be seen with certainty that there is no possibility that this project will have a significant effect on the environment, the project is not subject to CEQA pursuant to State CEQA Guidelines Section 15061(b)(3).
Lead Agency Contact Person: Jessica Serrano, Planning Manager Area Code/Telephone/Extension: (323) 480-8017
If filed by applicant, attach certified document issued by the Planning and Community Development Department stating that the Department has found the project to be exempt.
Signature: ____________________________ Date: ______________ Title: _______________________ Signed by Lead Agency Signed by Applicant
ATTACHMENT B
ITEM # 13
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Joseph Palombi, Director of Planning & Community Development
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4129 WITH
SCS ENGINEERS FOR ENVIRONMENTAL ENGINEERING SERVICES
FOR TECHNICAL REVIEW AND ANALYSIS OF THE BROWNFIELD
OVERLAY DISTRICT/CHAPIN ROAD LANDFILL AREA
DATE: September 13, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve Professional Services Agreement No. 4129 with SCS Engineers for Environmental Engineering Services for Technical Review and Analysis of the Brownfield Overlay District/Chapin Road Landfill Area;
2. Authorize the Acting City Manager to execute Professional Services Agreement No. 4129 with SCS Engineers for an amount not-to-exceed $125,000; and
3. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $125,000 in Account No.100-50-500-6040.80 (General Fund, Community Development, Administration, Engineering Services); and
4. Take such additional, related, actions that may be desirable.
FISCAL IMPACT:
Through a competitive Request for Proposals (RFP) process (Attachment A), SCS Engineers was chosen to perform the required services. Please refer to the “Analysis” section of this report for detailed information regarding the RFP process and related scoring in connection with this RFP.
The attached Professional Services Agreement (Attachment B) has an initial term of two (2) years with an option for a one (1) year extension. If approved, the total amount of this agreement shall not exceed $125,000. The recommended actions also require amending the Fiscal Year 2023-24 budget by increasing appropriations by $125,000 in
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 13, 2023
Account No.100-50-500-6040.80 (General Fund, Community Development, Administration, Engineering Services). At the time of budget development, the RFP evaluation, scoring and decision process had not been completed. It was not until the start of Fiscal Year 2023-24 that the evaluation was completed, a consultant firm was chosen, and a professional services agreement with ensuing pricing could be negotiated and finalized.
The following table is a breakdown of tasks and associated costs included in the professional services agreement:
Task Description Cost
Task 1 Review all reports and data related to the subject site.
$ 29,500
Task 2 Develop recommendations for further study and
investigation
$ 15,340
Task 3 Develop recommendations for remediation. $ 15,140 Task 4 Review compliance with existing legislation. $ 15,140 Task 5 Review viability and requirements to repair public roads.
$ 26,910
Task 6 Develop a Stormwater Masterplan for the area. $ 20,183 Task 7 Identify funding sources for additional study,
remediation.
$ 2,500
$124,713
BACKGROUND/DISCUSSION:
The Brownfield Overlay District/Chapin Road Landfill (collectively, the “Brownfield Area”) is located in the southern portion of the City of Montebello and was in operation from 1940 until its closure in the mid-1950s. Prior to 1940, the site was used for agricultural purposes, although there may have been some informal dumping within the Brownfield Area as well. From 1940 through 1955, a portion of the Brownfield Area was used as a landfill. Following its closure, the site was used for industrial chemical blending and mixing from 1960 to 1987. The Chapin Road Landfill is currently recognized as a pre- regulation closed Landfill.
The City wishes to ensure the safety of all adjacent residents, visitors, employees, and businesses occupying the Brownfield Area as well as the surrounding areas. Because previous analysis related to the Brownfield Area is dated and there has been a significant change in personnel since the origination of those studies, the City is now seeking a qualified environmental engineering firm to conduct an updated fundamental analysis regarding the environmental status of the former landfill, including the Brownfield Area, and surrounding areas. This would include determining whether any further
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 13, 2023
investigations would be needed to ensure safety measures are required such as methane mitigation and other related best management practices.
RFP No. 23-9 is intended to hire the most qualified environmental engineer to perform a holistic and comprehensive analysis of the Brownfield Area. The City of Montebello is interested in fully understanding the presence of any potential environmental contamination in the soil, air, groundwater, or existence of hazardous material; recommended investigation/remediation, and the associated risks involved, if any, to the adjacent residents and the businesses occupying the site.
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:
On March 22, 2023, the City Council conducted a special study session regarding the Brownfield Area and authorized the issuance of a RFP for Environmental Engineering Services to conduct a comprehensive review of the Brownfield Area and perform additional analysis as needed. RFP No. 23-9 was issued on March 27, 2023. The solicitation was advertised on PlanetBids and included on the City’s website.
By the closing date of May 1, 2023, the City received three (3) proposals in response to RFP 23-9. An evaluation committee was established to review each reply and interview each firm. The evaluation committee consisted of the Director of Planning and Community Development, the Assistant Director of Planning and Community Development, and the Assistant Director of Public Works. The proposals were evaluated based upon several factors: 1) Responsiveness to the RFP; 2) Organization and Technical Qualifications of the Team; 3) Relevant Experience and Expertise; 4) Understanding and Approach; 5) Professional Reputation of the Firm.
On July 11, 2023, separate interviews were conducted by the evaluation committee with all three firms. Questions were posed to each firm to assess who was the most qualified based upon the rating factors previously identified. Subsequently, contacts with listed references were conducted by City staff. After interviews and contacting references, SCS Engineers was selected. SCS Engineers demonstrated the most experience with local municipal agencies; experience working with similar government agencies; clearly stated project schedule and received favorable feedback from all references.
The scoring resulted in the following ranking:
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 13, 2023
Rank
Firm
1 SCS Engineers – Long Beach, CA.
2 Project Navigator – Tustin, CA.
3 OneAtlas – South El Monte, CA.
It is important to note that on May 17, 2023, City staff applied to the United States Environmental Protection Agency (“EPA”) and was successfully selected for the Targeted Brownfields Assessments (“TBA”) program. The TBA program is intended to provide direct technical assistance to assist municipalities in minimizing the uncertainties of contamination often associated with identified Brownfield areas. Technical services provided to the City specifically for the Brownfield Area through the EPA’s TBA program include, among other things, site assessments, options for potential remediation, as well as community outreach.
The EPA's TBA program does not provide direct funding (i.e., grant award), but instead provides "in-kind" technical services. Use of the technical services may help offset certain costs associated with the professional services agreement, or those of City Staff managing the project. Staff will work with the EPA, including its technical consultant team, and SCS Engineers to offset any costs that can be absorbed through the technical assistance program to alleviate any costs to the City’s General Fund in connection with Professional Services Agreement No. 4129.
SUMMARY:
It is recommended that the City Council authorize the award of Professional Services Agreement No. 4129 to SCS Engineers to provide necessary environmental engineering services in the not-to-exceed amount of $125,000 for an initial term of two (2) years, and Amend the Fiscal Year 2023-24 budget by increasing appropriations by $125,000 in Account No.100-50-500-6040.80 (General Fund, Community Development, Administration, Engineering Services).
ATTACHMENT(S)
1. Attachment A_RFP 23 - 9 - Environmental Engineering Services (Final)
2. Attachment B_Professonal Services Agreement No. 4129_SCS Engineers (08-31- 2023)
3. Attachment C_Proposals for RFP No. 23-9
NEXT STEPS:
N/A
1 CITY OF MONTEBELLO
Request for Proposals
RFP No. 23 – 9
Environmental Engineering Firm to Conduct a
Comprehensive Review of the Brownfield
Area/Closed Chapin Road Landfill & Perform
Additional Analysis As Needed
Release Date: Monday, March 27, 2023
Due Date: Thursday, April 27, 2023, at 11 a.m. PST
2
3 TO PROSPECTIVE PROPOSERS
The City of Montebello invites Firms to submit a proposal under this Request for Proposals (RFP). Responses to this solicitation will be evaluated to determine qualifications. Submissions must adhere to the format and content described. Proposals will only be evaluated if all requested information is submitted in a complete package. The information set forth is the minimum required to qualify for consideration. The successful Proposer will be required to enter into a Professional Services Agreement based on the specifications outlined in this RFP.
THE DATE OF SOLICITATION
March 27, 2023
THE PROJECT
Environmental Engineer ing Firm to Conduct a Comprehensive Review of the Brownfield Area/Closed Chapin Road Landfill & Perform Additional Analysis As Needed
OWNER/PROPOSAL CONTACT
City of Montebello – Department of Planning/Community Development 1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Joseph A. Palombi, Director of Planning/Community Development Contact Phone: (323) 887-1200 ext. 493
Contact E-Mail: [email protected]
Any questions related to this RFP should be submitted via the City’s PlanetBids Portal by Wednesday, April 12 , 2023, at 11:00 a.m. PST. Prospective firms 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 7
4.0 Purpose 7
5.0 Scope of Work 8
6.0 Proposal Submittal 9
7.0 Evaluation of Proposal 10
8.0 Proposal Protests 10
9.0 Execution of Agreement 12
10.0 Insurance 12
11.0 Non-Commitment of City 14
12.0 Labor Requirements 14
13.0 Records 15
14.0 Subcontractors 15
15.0 Modifications/Changes 15
16.0 Disclosure of Information 15
17.0 City of Montebello Rights 16
Appendix A – Proposal Content and Format
Appendix B – Professional Services Agreement Sample
Appendix C – Map of the Brownfield Area/Chapin Road Landfill Appendix D – Map of the Montebello Brownfield Overlay District
5 1.0 Notice Inviting Proposals
The City of Montebello is seeking proposals from qualified firms to conduct a comprehensive review of the Brownfield Area/closed Chapin Road Landfill and perform additional analysis as needed. Services performed in relation to this request must follow the specifications, terms, and conditions identified in Request for Proposals (RFP) No. 23 – 9. 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 their business with PlanetBids before being able to view or submit a response.
Questions must be submitted by Wednesday, April 12, 2023, at 11:00 a.m. PST.
***QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS****
Responses must be submitted via PlanetBids by Thursday, April 27, 2023, at 11:00 a.m.
PST.
Responses to this request will be evaluated to determine the Firm 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 Brownfield Area/Chapin Road Landfill was located in the southern portion of the City of Montebello and operated from 1940 until its closure in the mid -1950s. Prior to 1940, the site was used for agriculture purposes, although there may have been some informal dumping on the site. From 1940-1955 a portion of the site was used as a landfill. Following its closure, the site was used for industrial chemical blending and mixing from 1960 to 1987.1 The Chapin Road Landfill is currently recognized as a pre -regulation closed Landfill.
The approximately 25-acre former Chapin Road Landfill sits within a larger, approximately 55-acre Brownfield Area in the City’s industrial area located in the southeast corner of the City of Montebello. Generally bounded by Bluff Road on the east, Maynard Way, and Slauson Avenue on the north and south, respectively, the Chapin Road Landfill is bisected by Chapin Road. The Rio Hondo Spreading Grounds and Channel are immediately to the east of the subject area. Depth to groundwater beneath the site varies from 40 to 80 feet below grade. Regional groundwater flow is expected towards the southwest. A groundwater production well located in the northeast corner of the site provides drinking water for local residents. Several additional water supply wells are located within 1 mile of the site.2
The subject site, an oblong-shaped location with Chapin Road running down the center, is occupied by approximately 27 operating busine sses on 25 parcels. Three satellite parcels bring the total parcels affected to 28. The businesses operating on the site are predominately heavy trucking uses.
The on-site infrastructure consists of:
• A loop road of Chapin Road to Maynard Way to Bluff Road; • Limited traffic control with a controlled signal at Chapin Road and Slauson Avenue, three stop signs at Union Street and a stop sign on Bluff Road at Slauson Avenue; • Sewer lines along Bluff Road and along the railroad tracks adjacent to Chapin Road; and
• Electric power, water and phone services throughout.
There are no storm drains or stormwater controls within the subject site. Also, Chapin Road is not served by a direct sewer line. Septic tanks serve the majority of businesses in the area.
1 Department of Toxic Substance Control’s website EnviroStor. 2 State Water Resources Control Board’s website GeoTracker.
7 The City was awarded two U.S. Environmental Protection Agency (EPA) grants in 1998 and 2004 to conduct Phase I and Phase II studies to evaluate soil, soil gas and the groundwater condition at the site. Studies were conducted including soil borings and the use of ground water monitoring wells throughout the site. The Chapin Road Landfill is regularly inspected by the Local Enforcement Agency (Los Angeles County Department of Public Health - Environmental Protection Branch, Solid Waste Inspection and Enforcement).
The City of Montebello wishes to ensure the safety of all adjacent residents, visitors, employees, and businesses occupying the subject site. Because the most recent analysis is somewhat dated and there has been a significant change in personnel since the origination of previous studies, the City is now seeking qualified firms to help give an up to date and accurate picture of the environmental status of the landfill and surrounding areas. This would include determining whether any further investigations wou ld be needed to ensure safety measures are required, including, but not limited to, methane mitigation and best management practices.
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 Monday, March 27, 2023
• Online Q&A Deadline Wednesday, April 12, 2023,11 a.m. PST • Deadline to Submit Responses Thursday, April 27, 2023, at 11 a.m. PST • City Review of Submissions Early May 2023
• Interviews with Firms TBD (If Necessary)
• Notifications Sent to Firms Mid/Late May 2023
• Award Late May/Early June 2023
4.0 Purpose
The purpose of this “RFP” is to solicit proposals from highly qualified firms to conduct a comprehensive review of the Brownfield Area /closed Chapin Road Landfill, including review of existing documentation, the performance of additional testing as needed, and characterization of the status of the areas. Additionally, the qualified Firm will be asked to review compliance with existing legislation (including SB 205 Business Licenses: Storm
8 Water Discharge Compliance) and determine the viability of road improvements and the introduction of stormwater infrastructure to ensure compliance with applicable laws.
5.0 Scope of Work/Services
The purpose of the Request for Proposals is to solicit proposals from qualified firms to perform a holistic and comprehensive analysis of the Brownfield Area/Chapin Road Landfill. The City of Montebello is interested in fully understanding the presence of any potential environmental contamination in the soil, air or groundwater; recommended investigation/remediation; and the associated risk involved, if any, to the adjacent residents and the businesses and e mployees occupying the site. The project scope includes the following specific tasks:
1. Review all relevant reports and data related to the subject site. There are several studies and analysis that have been performed over the years as well as periodic invol vement of several regulatory agencies including the U.S.
Environmental Protection Agency, CalRecycle (and Los Angeles Department of Public Health as the Local Enforcement Agency), California Department of Toxic Substance Control and the Los Angeles Region Water Quality Control Board. The scope includes a review and coherent collection of all pertinent information from all sources to help fully understand what has already been studied. According to the State Water Resources Control Board, there is a groundwater production well located in the northeast corner of the site that provides drinking water for local residents. In addition, there are water supply wells located within one (1) mile of the site. The review of relevant reports and data should specifically include an assessment of groundwater data to determine if there is the potential for site contributions to groundwater contamination.
2. Develop recommendations for further study and investigation . Following review of existing documentation and data, develop recommendations for further study and investigation based on findings, if necessary, to develop a complete status of the condition of the subject area in all three areas of concern: soil; soil gas; and groundwater to ensure the safety of residents and employees, adjacent waterways and groundwater resources. Recommendations should include justification and support for additional studies, or why additional studies are not necessary.
3. Develop recommendations for remediation. Following Tasks 1 and 2 above, develop recommendations for remediating the subject project area to minimally safe levels and suggestions for additional remediation to allow greater levels of development. If no remediation is necessary to meet minimally safe levels, the firm’s report should list reasons for the conclusion.
4. Review compliance with existing legislation. The scope includes a review of
9 existing legislation related to closed landfills and current compliance by both the City and property owners. An example would include Cali fornia Senate Bill 205 - Business Licenses: Storm Water Discharge Compliance. Review should include federal, state and local law.
5. Review viability and requirements to repair public roads within the subject project area. The roadways throughout the subject project site have deteriorated over the years. Two major depressions exist along Chapin Road and the condition of the streets is generally sub -standard. Proposals should include recommendations on actions necessary for a rehabilitation program of the interior roads (i.e. scope of remediation and/or structural reinforcement necessary to reconstruct the roads).
6. Develop a Storm Water Masterplan for the area. There currently is no storm water infrastructure within the subject project site. To ensure run -off water from the area is appropriately controlled and disposed of, proposals should include a preliminary evaluation of the need for such a network and actions necessary to develop and build the infrastructure. Recommendations should include justification and support for the need to introduce storm water infrastructure or not.
7. Identify funding sources for additional study, remediation and brownfield development. Depending on the outcome of the review and analysis phase of the project, there may be a need for mor e testing and or remediation as well as future development of the site. It would be helpful to have identified potential funding sources (including grants and other assistance programs) to implement these recommendations.
To the extent a proposer believes there are additional tasks necessary to develop a comprehensive report on the status and environmental characterization of the former landfill site, they should be included in the proposal with justification and support as to why it is being recommended.
6.0 Proposal Submittal
Please review Appendix – A (Proposal Format and Content), attached hereto and incorporated herein by this reference, for specific details regarding the information that needs to be included in your submission. Failure to provide all requested information may be considered “non-responsive” and rejected.
Responses to this RFP must be submitted electronically via the City’s PlanetBids Portal by the deadline. Any responses transmitted and/or time -stamped after the deadline will not be accepted. Firms planning to submit responses to this request are highly encouraged to submit all documentation before the deadline to avoid any technical difficulties/errors.
10 7.0 Evaluation Criteria
The Department of Community Development and Planning 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:
1. Proposal Review: Upon receiving an adequate number of proposals by the deadline, firms will be evaluated and the best-qualified environmental engineer(s) or Firm (s) will be invited to participate in an interview.
2. Selection Criteria: The City will select a Firm to provide the services pursuant to this Request for Proposal based on the evaluation of the proposals and completion of the interview process. The selection process is based on a determination to engage the firm that is deemed most qualified with demonstrated expe rience in preparing and implementing a comprehensive review of the Chapin Road Landfill as outlined in this request, including, but not limited to, the following criteria:
a. Completeness of the proposal: How thoroughly the proposal responds to this RFP.
b. Experience: The Firm will provide information on knowledge of preparing and implementing such a review and analysis in accordance with applicable rules, guidelines, and laws related to pre-regulation closed landfills. c. Qualifications: Qualifications of key personnel, including principal(s), project manager(s), and other individuals pertinent to the project’s success. d. Performance: The Firm must demonstrate the ability to produce a timely and high-quality product.
e. Insurance Requirements: Proposals should include a statement demonstrating the Firm's ability to meet the City's insurance requirements as outlined in the City's draft Professional Services Agreement (Attachment A)
3. Interviews: Selected candidates may be invited for an interview (optional). City staff will confirm dates/times via e-mail or formal communication/letter.
4. Approval and Execution: Upon identification of a preferred environmental engineering Firm, a professional services agreement in substantially the same form as Appendix B – Professional Services Agreement Sample will be presented to the City Council for consideration and execution by the City Manager or designee.
8.0 Protest Procedures
Proposal Protest Procedures (Before Proposal Opening)
A protest filed before the proposal opening must be filed in writing no later than ten (10) working days before the proposal opening. The most common types of protest that might
11 be filed before a proposal opening would include those based upon restrictive specifications or alleged improprieties in any solicitation that is app arent before the scheduled proposal opening.
When a protest is filed before a scheduled proposal opening, certain steps must be followed:
A. The protest must be submitted in writing within the specified time frame (no later than ten (10) working days prior to a proposal opening). All protests must be filed with the Director of 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 the factual and legal reason(s) for the protest and should recommend a proposed remedy. Nevertheless, it should be noted that the City reserves the right not to implement the proposed remedy but to offer alternative solutions where applicable.
C. Where appropriate, the City will hold an informal conference on the merits of a protest with all interested parties allowed to attend. Interested parties may include all proposers, subcontractors, or suppliers, provided they have a s ubstantial economic interest in a portion of the RFP.
D. All potential proposers will be advised of a pending protest.
E. The City shall not open proposals prior to the resolution of the protest unless it is determined that:
• The items to be procured are urgently required;
• Delivery or performance will be unduly delayed by failure to make the award promptly; or
• Failure to make a prompt award will otherwise cause undue harm to the
12 City.
The City will respond in writing within ten (10) working days after receipt of a properly filed protest. The response will be provided by the Director of Finance and will include a response to each substantive issue raised in the protest.
After the exhaustion of administrative remedies, the protesting party will be given the City’s final decision. The Director of Finance has the authority to make the final determination regarding all protests.
Proposal Protest Procedures (After Proposal Opening/Post Award) A protest filed after a proposal opening must be filed within three (3) working days after the proposal opening date. The City will grant the protesting Firm a fair review and shall have up to ten (10) working days to review the protest and render its decision.
9.0 Execution of Agreement
The resulting agreement (see attached sample Appendix B) shall be signed by the successful Proposer and returned within the required insurance within ten (10) business days after the City has provided written notice that the Firm has been awarded. Failure to execute the agreement and file acceptable insurance documents as provided herein shall just cause, at the City's option, for annulment of the award. Please review the insurance requirements and indemnification clause as stated in the attached sample agreement.
Should the successful proposer decline to execute the agreement, the City Council can either reject all proposals or call for new proposals or accept other proposals.
10.0 Insurance
The Firm selected must meet the following minimum insurance requirements upon execution of the City’s Professional Services Agreement:
A. Commercial General Liability
Commercial General Liability (CGL) (equivalent in coverage scope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, including premise -operations, products -completed, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
If requested, the "City of Montebello, its officials, employees, and agents" must be separately endorsed to the policy as additional insureds on an endorsement equivalent to the Insurance Services Office, Inc. Form CG 20 10 11 85 of CG 20 26 1185.
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 firm has not owned autos, Code 8 (hired) and 9 (non -owned) with a limit no less tha n $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 work or services to be performed, professional liability or errors and omissions liability insurance may be required. The City will require the firm to provide professional liability or errors and omissions liability insurance in an amount not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.
D. Workers' Compensation and Employer's Liability
Workers' compensation as required by the California Labor Code and Employer's Liability in an amount not less than $1,000,000 per accident for bodily injury or disease.
Required Insurance Documentation
A. Certificate of Insurance
The Certificate Holder must be listed as follows:
City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640
B. Endorsements (if requested)
In addition to the Certificate of Insurance, the firm must provide the following endorsements:
i. Additional insured endorsements to the general liability and auto liability* insurance policies. The "City of Montebello, its officials, employees, and agents" must be endorsed to the firm’s general liability policy as well as the auto liability policy as additional insureds on an endorsement equivalent to ISO forms CG 20 10 11 85 or CG 20 26 11 85.
ii. Cancellation notice endorsements. Each policy must be endorsed to certify that it will be not be cancelled or non -renewed by either party or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City
14 with thirty (30) days prior written notice of cancellation (ten (10) days for cancellation due to nonpayment of premium is acceptable).
iii. Primary, non-contributory coverage endorsements. The general liability and professional liability (if required) policies must be endorsed to provide that each policy shall apply on a primary, non -contributing basis with any insurance or self - insurance, primary or excess, maintained by or available to the City or its officials, employees and agents.
Waiver and Modifications of Insurance Requirements
To the extent permitted by law, the City may modify these insurance requirements at any time and at its sole discretion.
In general, any contract deemed sole source, professional/professional services, involve the disclosure of proprietary information, and/or a public works project may require revisions to the City's standard insurance requirements. Any revisions to the insurance requirements will be identified within the associated service contract terms and conditions.
Firms may request a waiver or modification of these insurance requirements. Waiver or modification requests must be submitted in writing. The request should state the specific insurance requirement that is being considered for waiver or modification and 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 autho rized designee's discretion.
11.0 Non-Commitment of City
While the City has every intention to select a Firm through this process, this intention is subject to change at any time during the process. The City does not commit to awarding an agreement, paying any costs incurred in preparing the proposal for this request, and/or procuring or contracting any items or services.
12.0 Labor Requirements
A. Background: All personnel engaged in the performance of this work shall be employees of the Firm 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 Firm shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building. Neither shall the Firm
15 allow the use of, or presence of, alcohol or drugs on the premises or in the building.
C. Non-Discrimination: The Firm shall not engage in discrimination in the employment of persons because of race, color, national origin, ancestry, mental/physical disabilitie s, sex, or religion of such persons.
D. Conduct: No person(s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, under the influence of alcohol and drugs, which fails or otherwise refuses to perform the work p roperly and acceptably, or is otherwise objectionable. Any person found to be objectionable shall be discharged immediately and not re-employed for this work.
13.0 Records
The Firm agrees to permit the City Manager or designee access to records, reports, files, and other papers or property of the Firm to audit any performance aspect under this agreement.
14.0 Subcontractors
The Firm shall be responsible for all work performed under the final agreement and shall keep all work under his control. No portion of the work may be subcontracted without the prior written consent of the City. Any and all subcontractors used on this work shall be under the direct supervision of the Firm 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.
15.0 Modifications/Changes
Changes in the areas serviced and/or specifications may be necessary d uring the term of the agreement. Changes in the agreement requirements and corresponding changes in compensation may be implemented upon the mutual understanding between the City and the Firm. These changes will be processed through the City Manager.
16.0 Disclosure of Information
A. The Firm agrees that it will not during or after the term of the agreement disclose any proprietary information or confidential business information of the City, including but not limited to its costs, charges, operating pr ocedures, or methods of doing business to any person, firm, corporation, association, or other entity or to the general public for any reason or purpose whatsoever, without the prior written consent of the City. Such confidential or proprietary informati on received by the Firm shall be used exclusively in connection with the performance of services.
B. The Firm shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the Firm hereunder or mentioning or
16 implying the name of the City or its respective personnel, without the prior written consent of the City.
17.0 City of Montebello Rights
In its discretion, the City reserves the right to:
A. Reject any and/or all proposals for no reason or any reason including, but not limited to, the following:
i. The proposal is incomplete, non -responsive, obscure, irregular, or lacking necessary detail and specificity.
ii. The Firm, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services.
iii. The Firm 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 estimates that it does not accurately reflect the cost to perform;
C. Accept all or any part of a proposal;
D. Cancel the entire RFP;
E. Issue subsequent RFPs; or
F. Waive any errors or informalities in any proposal to the extent permitted by law.
Please review:
Appendix A – Proposal Content and Format
Appendix B – Professional Services Agreement Sample
Appendix C – Map of the Brownfield Area/Chapin Road Landfill Appendix D – Map of the Montebello Brownfield Overlay District
City of Montebello
Environmental Engineering Firm to Conduct a Comprehensive Review of the Brownfield Area/Closed Chapin Road Landfill & Perform Additional Analysis As Needed
RFP No. 23-9
Appendix A – Proposal Content and Format
Proposal Content
Firms shall be responsible for p reparing a compelling, clear, and concise proposal. The City is requesting proposals which contain, at a minimum, the following information in clearly marked sections:
Section 1. A cover letter that identifies the firm's name, address, phone number, email address, and identifies a proposal point of contact.
Section 2. A description of the environmental engineer or firm and relevant qualifications, including work on landfill closure and remediation, with an overall approach, methods, and strategies for completing each task.
Section 3. A tentative schedule for implementation and completion of each task.
Section 4. A summary of recent projects or studies of similar character and complexity.
Section 5. Provide a list of government agencies where you h ave completed environmental studies and analysis within the last five years or similar services requested. Provide the name and description of the project and a specific reference person to contact.
Section 6. Provide a proposed fee for each task outlined in the RFP.
All proposals must be submitted using the PlanetBids Portal by Thursday, April 27, 2023, at 11:00 a.m. PST. It is highly encouraged that proposals are submitted before the deadline to avoid any technical difficulties encountered while using the portal.
Proposal Format
To facilitate the evaluation process, all responses are required to adhere to the format requirements.
The City strongly encourages respondents to thoroughly review their proposals before 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 x 11-inch paper. Font Times New Roman Font (preferred), 12pt font size. The thirty (30) page requirement does
not include the cover letter, or any items included as additional attachments.
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