Montebello City Council
January 24, 2024

CITY OF MONTEBELLO

CITY COUNCIL

REGULAR MEETING

WEDNESDAY, JANUARY 24, 2024 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

CITY COUNCIL
Scarlet Peralta, Mayor
Salvador Melendez, Mayor Pro Tem
Angie M. Jimenez, Councilmember
Georgina Tamayo, Councilmember
David N. Torres, Councilmember

CITY MANAGER
Raul Alvarez

CITY TREASURER
David Matanga

CITY ATTORNEY
Arnold M. Alvarez-Glasman

CITY CLERK
Christopher Jimenez

DEPARTMENT HEADS
Assistant City Manager
Fire Chief
Police Chief
Director of Finance
Director of Planning/Community Development
Director of Public Works
Director of Recreation and Community Services
Director of Transportation
Arlene Salazar
Fernando Pelaez
Paul Espinosa
Michael Solorza
Joseph Palombi
Cesar Roldan
David Sosnowski
Adrianna Kendricks

January 24, 2024: 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,

January 24, 2024: 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 LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Navarro vs. City of Montebello, et al.

Case No. ADJ13310066, ADJ2613081, ADJ2548565, ADJ15539383, ADJ7472140, ADJ7964720, ADJ2654347, ADJ10708805, ADJ3507314, ADJ6779197, ADJ12495501, ADJ2613081, ADJ10708805, ADJ6773842

REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT

INVOCATION

PLEDGE OF ALLEGIANCE

CORRECTIONS TO THE AGENDA - CITY MANAGER

CEREMONIAL ITEMS/PRESENTATIONS

2. CARE SOLACE PRESENTATION

3. FIRE ACADEMY AND ORIENTATION PINNING

4. RECOGNITION OF NEW POLICE DEPARTMENT EMPLOYEES
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.

January 24, 2024: City Council Meeting Page 4 of 7

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

REGULAR BUSINESS

5. APPROVAL OF RESOLUTION NO. 24-05 SUPPORTING THE DESIGNATION OF THE ARMENIAN

GENOCIDE MARTYRS MONUMENT AS A CALIFORNIA HISTORICAL LANDMARK

RECOMMENDATION: It is recommended that the City Council:

1. Approve Resolution No. 24-05 Supporting the Designation of the Armenian Genocide Martyrs Monument as a California State Historical Landmark; 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.

6. TREASURER'S REPORT FOR THE QUARTER ENDING DECEMBER 31, 2023

RECOMMENDATION: It is recommended that the City Council:

1. Receive and file the Quarterly Treasurer’s Report for the quarter ending December 31, 2023 (Second Quarter of Fiscal Year 2023-24).

7. ADOPT RESOLUTION NO. 24-01 APPROVING THE ADOPTION OF CALIFORNIA LABOR CODE SECTION 3363.5 EXTENDING THE CITY OF MONTEBELLO'S WORKERS' COMPENSATION PROGRAM TO

VOLUNTEERS

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 24-01 Adopting California Labor Code Section 3363.5 Extending Coverage of Volunteers by the City of Montebello’s Workers’ Compensation Program.

8. CONSIDER ADOPTION OF RESOLUTION NO. 24-06 FOR AN IMMEDIATE CEASEFIRE IN GAZA

RECOMMENDATION: It is recommended that the City Council:

1. Consider the adoption of Resolution No. 24-06 for an immediate ceasefire in Gaza; and

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

9. WAIVE THE SECOND READING AND ADOPTION OF ORDINANCE NO. 2471 AMENDING MUNICIPAL CODE CHAPTER 12.24 "CONDUCT IN PUBLIC PARKS"

RECOMMENDATION: It is recommended that the City Council:

1. Waive the Second Reading and Adopt Ordinance No. 2471 (Attachment "A") to amend Municipal Code Chapter 12.24; and

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

January 24, 2024: City Council Meeting Page 5 of 7

10. AUTHORIZATION TO RELEASE REQUEST FOR PROPOSALS (RFP 24-10) FOR MASTER PLAN AND

DESIGN OF PARK AT THE MONTEBELLO MUNICIPAL GOLF COURSE

RECOMMENDATION: It is recommended that the City Council:

1. Authorize staff to issue a Request for Proposals (RFP 24-10) for Master Plan and Design of a Park at the Montebello Municipal Golf Course; and

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

11. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4174 FOR GOLF COURSE MANAGEMENT AND MAINTENANCE SERVICES (RFP NO. 24-1) TO TROON GOLF

RECOMMENDATION: It is recommended that the City Council:

1. Award Professional Services Agreement No. 4174 to Troon Golf for an amount not to exceed One Million Nine Hundred Forty-Six Thousand Four Hundred Seventy-Eight Dollars ($1,946,478) for the initial year of a five-year (5-year) term for Golf Course Management, Maintenance and Operation Services at the Montebello Golf Course; and

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

3. Amend the Fiscal Year 2023-24 budget by increasing appropriations by a total of $1,946,478 in Account No. 610-99-6040.10; and

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

12. ADOPT RESOLUTION NO. 24-07 AUTHORIZING THE CITY MANAGER TO EXECUTE THE CALIFORNIA

OFFICE OF EMERGENCY SERVICES (OES) EMERGENCY OPERATIONS CENTER (EOC) GRANT

PROGRAM AGREEMENT

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 24-07 authorizing the City Manager to execute the California Office of Emergency Services (Cal OES) Fiscal Year 2023 Emergency Operations Center (EOC) Grant Program Application; and

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

13. APPROVE SUBMISSION OF AN APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) GRANT PROGRAMS DIRECTORATE (GPD) FISCAL YEAR 2023 ASSISTANCE TO FIREFIGHTER

GRANT PROGRAM (AFG)

RECOMMENDATION: It is recommended that the City Council:

1. Approve submission of a grant application to the Federal Emergency Management Agency (FEMA) Grant Programs Directorate (GPD) Fiscal Year 2023 Assistance to Firefighters Grant (AFG) Grant; and

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

14. APPROVE SUBMISSION OF A GRANT PROPOSAL APPLICATION FOR THE LISTOS CALIFORNIA (LC)

COMMUNITY EMERGENCY RESPONSE TEAM (CERT) SUPPORT GRANT PROGRAM ADMINSITERED BY THE CALIFORNIA OFFICE OF EMERGENCY SERVICES (Cal-OES)

RECOMMENDATION: It is recommended that the City Council:

1. Approve the submission of a grant proposal application to the California Office of Emergency Services (Cal-OES) for the Listos California (LC) Community Emergency Response Team (CERT) Support Grant Program ; and

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

15. APPROVAL TO SUBMIT APPLICATION FOR THE CALIFORNIA INTERAGENCY COUNCIL ON HOMELESSNESS (CAL ICH) ENCAMPMENT RESOLUTION FUNDING PROGRAM ROUND 3, ROLLING APPLICATION (ERF-3-R)

January 24, 2024: City Council Meeting Page 6 of 7

RECOMMENDATION: It is recommended that the City Council:

1. Approve submission of a grant proposal for the Notice of Funding Availability (NOFA) for the California Interagency Council on Homelessness Encampment Resolution Funding Program, Round 3, Rolling Application (ERF-3-R); and

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

16. WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 2473 AMENDING CHAPTER 2.44 “TRAFFIC AND SAFETY COMMISSION” OF THE MONTEBELLO MUNICIPAL CODE TO UPDATE AND DEFINE THE

ROLES, DUTIES AND RESPONSIBILITIES OF COMMISSION MEMBERS

RECOMMENDATION: It is recommended that the City Council:

1. Waive the Second and Adopt Ordinance No. 2473 amending Chapter 2.44 “Traffic and Safety Commission” of the Montebello Municipal Code to update and define the roles, duties, and responsibilities of commission members; and

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

17. AWARD A PROFESSIONAL SERVICES AGREEMENT FOR ADMINISTRATION OF HOME/CDBG PROGRAMS (RFP NO. 24-4)

RECOMMENDATION: It is recommended that the City Council:

1. Award a Professional Services Agreement to Advanced AVANT-GARDE Corporation (“Avant Garde”) in an amount not-to-exceed $276,760 over the course of a two (2) year term for Professional Support Services for the Administration of HOME/CDBG Programs; and

2. Authorize the City Manager to execute the proposed Professional Services Agreement with Advanced AVANT-GARDE Corporation; and

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

18. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 24-04 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED JANUARY 24, 2024

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 24-04 approving the Warrant Register dated January 24, 2024.

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.
• Angie M. Jimenez, Councilmember

• Georgina Tamayo, Councilmember

• David N. Torres, Councilmember

• Salvador Melendez, Mayor Pro Tem

• Scarlet Peralta, Mayor

January 24, 2024: City Council Meeting Page 7 of 7

CLOSED SESSION - CONTINUED

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on February 14, 2024, at 6:00 p.m., which can be live- streamed at https://www.montebelloca.gov (Click on Live Stream).

I, Kimberly Guillen, Senior Deputy City Clerk for the City of Montebello, hereby certify that a copy of this agenda has been posted on or before Sunday, January 21, 2024, no later than 6:00 p.m.

Kimberly Guillen, 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 # 5

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Joseph Palombi, Director of Planning & Community Development

SUBJECT: APPROVAL OF RESOLUTION NO. 24-05 SUPPORTING THE

DESIGNATION OF THE ARMENIAN GENOCIDE MARTYRS

MONUMENT AS A CALIFORNIA HISTORICAL LANDMARK

DATE: January 24, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Resolution No. 24-05 Supporting the Designation of the Armenian Genocide Martyrs Monument as a California State Historical Landmark; and

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

FISCAL IMPACT:

Pursuant to Montebello Municipal Code (“MMC”) Section 3.21.050, staff solicited proposals from the following consultants/firms: 1) Armenian American Museum; 2) Chattel Historic Preservation; 3) GPA Consulting; 4) Historic Resources Group; and 5) USC Institute of Armenian Studies.

As a result of this procurement effort, staff received one response with a proposal from GPA Consulting in the amount of $12,611 (please see Attachment B). In addition, it is anticipated that additional funds totaling approximately $8,000 will be required to cover expenses related to a standardized plaque needed to memorialize the historic designation as well as ancillary costs for appropriate signage. The total fiscal impact associated with this process is anticipated to total approximately $20,611. Staff will seek funding from donors to alleviate impacts on the General Fund.

CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024

BACKGROUND/DISCUSSION:

On April 19, 1966, the City Council approved Resolution No. 8362 for the construction of the Armenian Genocide Martyrs Monument at its current location. Pursuant to the Resolution, this action was intended to commemorate the 50th anniversary of the Armenian Genocide of 1915.

As stated in Resolution No. 8362 (please see Attachment D), the Armenian Genocide Martyrs Monument shall serve as a symbol of remembrance to honor the memory of those who perished when the Government of Turkey ordered the commencement of a systematic plan causing genocide of 1,000,000 Armenian lives marking a moment in time that will forever be remembered as the first modern massacre.

In April 1968, the Armenian Genocide Martyrs Monument was completed to honor the martyrs of the Armenian Genocide that took place between 1915 and 1921. During the last 56 years, the Armenian Genocide Martyrs Monument has served as a location for countless ceremonies to unify the Armenian community in honoring all the martyrs of the Armenian Genocide. Moreover, the Monument serves as a location where the Armenian community comes to reflect, educate, and remember all those who were impacted by the 1915 Armenian Genocide.

The Armenian Genocide Martyrs Monument continues to serve as a symbol of everlasting remembrance for all those who were impacted by the Armenian Genocide.

The Monument is a beacon of hope and unity for Armenians around the world in underscoring its importance in continuing to remember and honor all the martyrs of the Armenian Genocide.

On August 1, 2023, California State Senator Bob Archuleta, 30th Senate District, submitted a letter of support for designating the Armenian Genocide Martyrs Monument as a California Historical Landmark (please see Attachment C). As stated in Senator Archuleta’s letter, the Los Angeles region has the largest Armenian community in the United States of America, and Montebello is home to the oldest Armenian community in the County of Los Angeles.

On August 23, 2023, the City Council unanimously took action to support the effort to honor and recognize the Armenian Genocide and directed staff to work closely with Senator Archuleta’s office and Montebello’s Armenian community to move forward with a process to designate the Armenian Genocide Martyrs Monument as a California State Historic Landmark. If approved, this action would be the first step in this process.

DISCUSSION

The selected historical consultant will provide project management services, conduct research and develop field survey needs, and prepare the California Register Nomination Application following guidelines established by the California Office of Historic Preservation (“OHP”).

The general process for nominating a resource for listing in the California Register begins

CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024

with preparation and submission of a nomination to the OHP. Upon receipt of the nomination, the OHP will review the documents for completion. Within 30 days of receipt of the nomination, the OHP will request any further information needed. After all additional information has been compiled, a hearing date will be set for the nomination to go before the State Historical Resources Commission (the “Commission”). At least 60 days prior to the hearing date, the OHP will notify the applicant, owner(s), local government, interested parties, and the general public of the hearing date and location.

Within 45 days following the Commission’s hearing and decision, the OHP will send notification letters to the applicant, owner(s), and local government informing all parties of the Commission’s decision.

ENVIRONMENTAL:

In accordance with the California Environmental Quality Act (“CEQA”), the proposed Resolution supporting the designation of the Armenian Genocide Martyrs Monument as a California State Historic Landmark is not considered a project per the CEQA definition of a project since the activity is statutorily exempt per CEQA Section 15061(b)(3) (Common Sense Exemption). CEQA only applies to projects which have the potential for causing a significant effect on the environment. No physical changes will occur as a result of support for the proposed historic designation of the Armenian Genocide Martyrs Monument as a California State Historic Landmark.

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City Council approve Resolution No. 24-05 (Attachment A) supporting the designation of the Armenian Genocide Martyrs Monument as a California Historical Landmark and directing staff to work with the State in processing all required application material associated with this effort.

ATTACHMENT(S)

1. Attachment A - Resolution No. 24-05

2. Attachment B - Proposal from GPA Consulting

3. Attachment C - Support Letter from State Senator Bob Archuleta, 30th District

4. Attachment D - Resolution No. 8362

NEXT STEPS:

None.

RESOLUTION NO. 24-05
A RE

SOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, SUPPORTING THE DESIGNATION OF

THE ARMENIAN GENOCIDE MARTYRS MONUMENT IN MONTEBELLO

AS A CALIFORNIA STATE HISTORICAL LANDMARK
RE
CITALS
W
HEREAS, the Armenian Genocide Martyrs Monument has served as a sacred location since 1968 for the Armenian community to honor all the martyrs of the Armenian Genocide; and
W
HEREAS, the Armenian Genocide Martyrs Monument is the first public monument constructed in the United States of America to honor the Armenian Genocide that occurred from 1915 through 1921; and
W
HEREAS, the Armenian Genocide Martyrs Monument serves as the location where the Armenian community comes to reflect, educate, and remember all those who were impacted by the Armenian Genocide; and
WHEREAS, it is important to preserve the first public monument honoring the Armenian Genocide as the Los Angeles region has the largest Armenian community in the United States of America, and Montebello is home to the oldest Armenian community within the County of Los Angeles; and
WHEREAS, it is believed that the Armenian Genocide Martyrs Monument meets criteria for designation as a California Historical Landmark as established by the California Office of Historic Preservation; and
W
HEREAS, designation of the Armenian Genocide Martyrs Monument as a California Historical Landmark will assure preservation of this important historic site for the Armenian community and future generations.

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

S
ECTION 1. AUTHORITY. The City Council places its full support in the City of Montebello application for designation of the Armenian Genocide Martyrs Monument as a California Historical Landmark.

S
ECTION 2. ADOPTION. That the City Clerk of the City of Montebello shall certify to the adoption of the Resolution which shall become effective upon its approval by the City Council.

ATTACHMENT A

RESOLUTION NO. 24-05

APPROVED AND ADOPTED THIS 24TH DAY OF JANUARY 2024.
___
____________________________
Scarlet Peralta, Mayor
A
TTEST: APPROVED AS TO FORM:
___
_____________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney S

TATE 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. 24- 05 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 24th day of January 2024 and that said Resolution was adopted by the following vote, to-wit:

A
YES:

NOES:

ABSTAIN:

ABSENT:

T
he 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.

D
ATE:

Christopher Jimenez, City Clerk

P
roposal for Historic Preservation Consulting Services
Armenian Genocide Martyrs Monument
City of Montebello
P
repared for:

City of Montebello
1600 W Beverly Boulevard
Montebello, CA 90640
P
repared by:

Amanda Duane
Senior Architectural Historian
GPA Consulting
840 Apollo Street, Suite 312
El Segundo, CA 90245
[email protected]
(310) 7
92-2690 ext. 112
November 8, 2023

ATTACHMENT B

FIRM PROFILE

2 FIRM PROFILE
GPA Consulting (GPA) is pleased to present this proposal for historic preservation consulting services for the Armenian Genocide Martyrs Monument at Bicknell Park in the City of Montebello. GPA is an environmental planning firm with teams specializing in biological and historical resources. Founded in 2003, GPA is a certified woman -owned, disadvantaged, and small business enterprise registered as a California Corporation. Our company values are quality, integrity, and reliability. With these values we are able to work collaboratively with our clients to meet their project objectives. Our clients include government agencies, architects, developers, and non-profit organizations. We provide a full range of historic preservation services including:
• Historic Context Statements
• Historic Resource Surveys
• Mills Act Applications
• Federal Rehabilitation Tax Credit Applications
• National, State, and Local Landmark Nominations
• Historic Structures Reports
• NEPA, CEQA, and Section 106 Compliance Reports
• HABS/HAER Reports
• Design Guidelines
• Public Outreach, Training, and Educational Programs
• Professional Peer Reviews
The GPA team consists of several highly qualified professionals who have experience in all aspects of historic preservation. Each GPA team member meets the Secretary of the Interior’s Professional Qualifications Standards for architectural history as outlined in 36 Code of Federal Regulations Part

61. Current and recently completed projects, individual résumés, and client references are included in Appendix A of this proposal. Sample work products are available upon request.

SCOPE OF WORK

3 SCOPE OF WORK
Project Background
It is our understanding that the City of Montebello (City) proposes to nominate the Armenian Genocide Martyrs Monument (Monument) at Bicknell Park in the City of Montebello for listing in the California Register of Historic Places (California Register). The Monument was initially planned following the 50th anniversary of the Armenian Genocide on April 24, 1965 and constructed between 1966 and April 21, 1968 when it was unveiled .1 The property is not currently listed i n, n or been previously evaluated as eligible for listing in, the National Register of Historic Places or California Register.

The general process for nominating a resource for listing in the California Register begins with preparation and submission of a nomination to the California Office of Historic Preservation (OHP).

Upon receipt of the nomination, the OHP will review the documents for completion. Within 30 days of receipt of the nomination, the OHP will request any further information needed. After all additional information has been compiled, a hearing date will be set for the nomination to go before the State Historical Resources Commission (Commission). At least 60 days prior to the hearing date, the OHP will notify the applicant, owner(s), local government, interested parties, and the general public of the hearing date and location. Within 45 days following the Commission’s hearing and decision, OHP will send notification letters to the applicant, owner(s), and local government informing all parties of the Commission’s decision.

Work Plan
GPA will prepare the California Register Nomination Application following the OHP guidance outlined in the “ Technical Assistance Series #7: How to Nominate a Resource to the California Register of Historical Resour ces” and Instructions for Preparing Documentation for Nominating Historical Resources to the California Register of Historical Resources.

Additionally, because the M onument is a commemorative property, the evaluation must also follow guidance provided in "National Register Bulletin 15: How to Apply the National Register Criteria for Evaluation," specifically Criterion Consideration F, which states that a property primarily commemorative in intent cannot qualify as eligible for listing for an association with the event or person it memorializes but can be eligible if design, age, tradition, or symbolic value have invested it with its own historical significance .
2 As such, GPA’s nomination application will focus on the history of the memorial itself from the time that it was constructed, rather than the 1915-1921 Armenian Genocide.

1 “History of the Monument,” ArmenianMonument.org, 2010, accessed November 2023, http://armenianmonument.org/monument-history.html.
2 “National Register Bulletin 15: How to Apply the National Register Criteria for Evaluation,” National Park Service, Cultural Resources, eds. Patrick Andrus and Rebecca Shrimpton, accessed November 2023, https://www.nps.gov/subjects/nationalregister/upload/NRB-15_web508.pdf.

SCOPE OF WORK

4 To prepare the nomination application, GPA will perform the following tasks:

Task 1. Project Management and QA/QC - GPA will consult with the City and coordinate with the OHP reviewer as needed to complete the nomination. All work products will be internally peer reviewed for quality control. No work products will be shared outside of GPA without the express consent of the City.

Task 2. Records Search/Review Existing Information - A records search will be requested from the South Central Coastal Information Center (SCCIC) at CSU Fullerton to obtain any previously collected documentation associated with the resource . GPA will also review any existing information provided by the City such as maps, building permit records, and any previously prepared reports.

Task 3. Photography and Field Survey - A detailed field survey will be conducted to ascertain the current condition and integrity of the resource and its surroundings. Digital photographs will be taken for use in the application. Because the resource is located within a public park, it is anticipated that the property is readily accessible, and access will not need to be pre-arranged with the City.

Task 4. Research - GPA will conduct additional research as necessary to fill information gaps that may exist in the documentation provided by the City. The scope of research will include general research to determine the context(s) in which the resource should be evaluated and specific research to determine the potential significance of associated historic events, trends, and individuals that the resource may be directly associated. Anticipated sources include, but may not be limited to, historic photograph collections, records related to the development of the resource, newspaper articles, and historic aerial photographs.

Task 5. Draft Nomination Application - GPA will prepare a draft application to be submitted electronically to the City for review prior to submitting to OHP. The draft application will include , but not necessarily be limited to:

Cover Letter – GPA will prepare a cover letter to be submitted with the nomination. The Cover Letter will include the names and addresses of the applicant, the resource owner and local government with land-use authority, and a concise statement of significance.

DPR 523 Series Form Set – A draft DPR 523 series form set will be prepared consist of the following:
i. Primary Record (DPR 523 A form) with representative photograph and detailed description of the resource.
ii. Building, Structure, Object Record (DPR 523 B form) with sketch map and evaluation of the resource for California Register eligibility including: (1) identification and development of the relevant historic context(s) necessary for evaluating the resource; (2) identification of the types of resources important in illuminating that context and the physical characteristics those resources must possess to reflect the significance of the historic context; and (3) an assessment

SCOPE OF WORK

5 of whether the resource being evaluated has those required physical characteristics (integrity analysis of ability to convey its significance). iii. Location Map (DPR 523 J form) on the appropriate USGS map. iv. Continuation Sheet (DPR 523 L) with continued text from previous pages and additional information such as photographs, illustrations, or other relevant documentary evidence.

Task 6. Final Nomination Application - GPA will revise the draft application based upon one round of comments from the City and submit t he final nomination application to OHP by mail. GPA will also submit a copy of the nomination to the SCCIC at CSU Fullerton as required.

OPTIONAL TASKS
Task 7. (Optional) Request for Information (RFI) Response - Responding to an RFI from OHP may be as simple as responding to an email, or it may require additional research and documentation.

Because the level of effort needed to respond to an RFI may vary, GPA proposes to provide the City with an estimate of the anticipated costs to complete the response, based on our standard hourly rates and other direct costs (e.g., printing, travel), should an RFI be received. Any additional costs would be mutually agreed upon in writing prior to commencing the additional work.

Task 8. (Optional) Commission Hearing - Attendance at Commission hearings is typically not necessary; however, at the request of the City, GPA will (virtually) attend the Commission hearing and be available to answer any questions. GPA assume s that preparation of a presentation will not be required.

Task 9. (Optional) City Public Hearings - GPA will attend two (2) public meetings to formally seek input from the City and members of the public. GPA assumes City Staff would prepare a presentation/any associated slides summarizing the nomination application and present at the public meetings . GPA would attend in -person and be available only to answer any questions. If the City prefers GPA to prepare a presentation and present at the public hearings, this would result in additional costs, which would be mutually agreed upon in writing prior to commencing the additional work.

FEES AND TERMS

6 FEES AND TERMS
The fees for the services described in this proposal are outlined in the table below. It should be explicitly understood that hours may be allocated differently among tasks and staff persons.

Task Employee Hours Rate Cost Subtotal
Senior AH 2 $175.00 $350.00
Associate AH 4 $140.00 $560.00
Task Subtotal 6 910.00$
Associate AH 4 $140.00 $560.00
Task Subtotal 4 560.00$
Associate AH 4 $140.00 $560.00
Task Subtotal 4 560.00$
Senior AH 4 $175.00 $700.00
Associate AH 14 $140.00 $1,960.0
0Task Subtotal 18 2,660.00$
Senior AH 4 $175.00 $700.00
Associate AH 27 $140.00 $3,780.0
Task Subtotal 31 4,480.00$
Senior AH 1 $175.00 $175.00
Sr. GIS Analyst 4 $180.00 $720.00
Associate AH 4 $140.00 $560.00
Task Subtotal 9 $1,455.00
Total Services 72 Total Cost 10,625.00$
Expenses Quantity Rate
Records Search (Task 2) 200.00$
Mileage (Task 3) 25 0.655 16.38$
Materials and Postage (Task 6) 50.00$
Expense Total 266.38$
GRAND TOTAL WITH NO OPTIONAL TASKS 10,891.38$
Optional Tasks Employee Hours Rate Cost Subtotal
Associate AH 4 $140.00 $560.00
Task Subtotal 4 560.00$
Total Cost For Optional Task 8 560.00$
GRAND TOTAL WITH OPTIONAL TASK 8 ONLY 11,451.38$
Associate AH 8 $140.00 $1,120.0
Task Subtotal 8 1,120.00$
Expenses (Optional Task 9) Quantity Rate
Mileage 60 0.655 39.30$
Total Cost For Optional Task 9 1,159.30$
GRAND TOTAL WITH OPTIONAL TASK 9 ONLY 12,050.68$
GRAND TOTAL WITH OPTIONAL TASKS 8 AND 9 12,610.68$
Task 2. Records Search/Review
Existing Information
Task 1. Project Management and
QA/QC
Task 8. State Historical
Resources Commission
(Commission) Hearing
Task 9. City Public Hearings (two
total)
Task 6. Final Nomination
Application
Task 5. Draft Nomination
Application
Task 4. Research
Task 3. Photography and Field
Survey

FEES AND TERMS

7 Terms
A fully executed service agreement will be required to commence work. The proposal is valid for 60 days for the proposed project and tasks as described in the scope of work above. If you agree to these fees and terms, please let us know and we will issue a contract. If you have any questions or require any additional information, such as proof of insurance, please do not hesitate to contact our office.

Assumptions
Changes to the proposed project may result in additional work and therefore may result in additional costs, which would be mutually agreed upon in writing prior to commencing the additional work.

If any of the above task-specific assumptions do not prove true, GPA will notify the City in writing and request a contract amendment for any additional work required to complete the California Register Nomination Application.

APPENDIX A

8 APPENDIX A
Selected Projects, Résumés, and References

APPENDIX A

9 Selected Projects
2020 North Beach Historic District, San Clemente – The North Beach Historic District consists of several indoor and outdoor recreational facilities that represent San Clement founder Ole Hanson’s master planned community concept for a “Spanish Village by the Sea.” The district includes a swimming pool, clubhouse, casino, restaurant, and theater designed in the Spanish Colonial Revival style. GPA prepared a National Register nomination form for the historic district.

Listing Date: December 15, 2020
Link to Documentation: North Beach Historic District
2020 Pioneer Oil Refinery, Santa Clarita – The Pioneer Oil Refinery was constructed in 1876. It was one of the earliest refineries in the state and may be the oldest remaining example of its kind in the world. Extant resources on the site include two brick and metal stills, sheds, a pump house, and cylindrical tanks for water, oil, and acid. GPA prepared a National Register nomination form to list the refinery as a historic district.

Listing Date: December 11, 2020
Link to Documentation: Pioneer Oil Refinery
2020 Pasadena Field Archery Range – The Pasadena Field Archery Range has been in continuous use since it was established in Lower Arroyo Seco Park by the Pasadena Roving Archers in 1936. The approximately seven -acre range includes twenty -eight targets and six practice butts. GPA prepared a National Register nomination form for the range.

Listing Date: November 20, 2020
Link to Documentation: Pasadena Field Archery Range
2020 National Chicano Moratorium March August 29, 1970, County of Los Angeles - The August 1970 Chicano Moratorium March was the largest demonstration of Mexican Americans in history up to that time. The march was an anti-war demonstration that also drew attention to domestic issues faced by Mexican Americans. The peaceful rally had a violent outcome resulting in three casualties, which came to overshadow the importance of the demonstration. GPA prepared a National Register Nomination Form for the 1970 march route under the Multiple Property Documentation Forms for the Chicano Moratorium in Los Angeles County as well as Latinos in Twentieth Century California.

Listing Date: November 16, 2020
Link to Documentation: National Chicano Moratorium March August 29, 1970 2019 Bank of Italy Building, Los Angeles – The Bank of Italy Building is an excellent example of the Beaux Arts style as designed by master architects Morgan, Walls & Morgan. It was completed in 1923 as the first purpose-built Los Angeles headquarters for the Bank of Italy (later Bank of America ), and housed one of the nation’s first women’s banking departments, managed by Grace Stoermer. GPA prepared a National Register nomination form for the building as part of the Federal Rehabilitation Tax Credit Certification process.

Listing Date: July 19, 2019

APPENDIX A

10 2018 Mar Vista Gardens, City of Los Angeles - Mar Vista Gardens was the first public housing complex constructed in Los Angeles using funds from the Housing Act of 1949. It also embodies the distinctive characteristics of Garden City planning principles. GPA prepared a National Register nomination form for the complex under the Garden Apartment Complexes in the City of Los Angeles Multiple Property Documentation Form.

Listing Date: December 31, 2018
2017 Edward Roybal House, City of Los Angeles – Edward Roybal was one of the most influential Latino politicians in the United States. He was a member of the Los Angeles City Council from 1949 to 1962 and the U.S. House of Representatives from 1963 to 1993. GPA prepared a National Register Nomination Form for his residence under the Latinos in Twentieth Century California Multiple Property Documentation Form.

Listing Date: July 10, 2017
2015 Forsyth Memorial School for Girls, City of Los Angeles - The Forsyth Memorial School for Girls was constructed by the Presbyterian Church in 1914. It is a rare, surviving example of the attempts by Protestant denominations to Americanize Mexican immigrants in Los Angeles. GPA prepared a National Register Nomi nation Form for the property under the Latinos in Twentieth Century California Multiple Property Documentation Form.

Listing Date: June 24, 2015

APPENDIX A

11 Résumés

ANDREA GALVIN

Andrea Galvin is the President and Principal Architectural Historian of GPA.

She has been professionally involved in the research and documentation of historic districts, sites, buildings, and structures since 1995. Her experience includes working for the California Department of Parks and Recreation preparing Historic Structures Reports, conducting architectural surveys of historic buildings and structures, the California Department of Transportation working on California Environmental Quality Act (CEQA) and Section 106 compliance, and the California Office of Historic Preservation reviewing projects for Section 106 and Secretary of the Interior’s Standards compliance.

As such, Ms. Galvin has a deep understanding of the environmental review process as it relates to historic resources and a close working relationship with decision-
makers. Her past projects have included assisting numerous municipalities in developing historic preservation programs, managing large - scale historic resource surveys, and preparing Section 106 and CEQA compliance reports. Many of Ms. Galvin’s projects have involved coordinating with many local, state, and federal agencies as well as conducting public outreach with stakeholder groups. She has conducted training on a wide variety of t opics at conferences and workshops throughout California, and is an active member of several state and national preservation organizations.

Educational Background: Selected Projects:
• M.S., Historic Preservation, University of
Pennsylvania, 1999
• Certificate, Preservation Planning, Istanbul
Technical University, Turkey, 1998
• B.S., Environmental Design, University of
California, Davis, 1994

• Section 106 Support for the City of Los Angeles Housing and Community Development agency for the Rehabilitation of
the William Mead Apartment Complex, 2016-present Long
Beach Art Theater Historic Structures Report, 2013
• U.S. Department of General Services, International Building, San Ysidro Land Port of Entry Master Plan, San Ysidro,
2015-2019
• 6th Street Viaduct Replacement, Los Angeles, 2011-2019 • State Route 710, Los Angeles County, Section 106 Finding of Effect, 2017-2018
• Orange Coast College HABS-Like Documentation, Costa
Mesa, 2016
• City of Long Beach On-Call Consultant for Section 106 Review of multiple CDBG-funded projects, 2013-2018
• Historic Structures Report for the Sugar Beet Factory in Chino, California, 2009
• St. Regis Condominium Preservation Plan, Long Beach,
2018
• Santa Paula Railroad Depot and Mill Rehabilitation, Santa Paula, 2007
• Poole Bunkhouse Maintenance Plan for Southern California Edison, 20015
• Nelles Correctional Facility Specific Plan, CEQA Historical Resource Report, Whittier, 2014-2015
• North Spring Street Viaduct Widening and Rehabilitation, Section 106 Finding of Effect, Los Angeles, 2011-2015
• Patriotic Hall, Preservation Plan, Los Angeles County, 2006 • Schroeder Hall, Long Beach, CEQA Historical Resources Technical Report, 2011
Professional Experience:
• GPA Consulting, President and Principal
Architectural Historian, 2003-Present
• California Office of Historic Preservation, Assoc.

Architectural Historian, 2002-2004
• Caltrans, District 7, Los Angeles, Assoc.

Architectural Historian, 1999-01/ Headquarters,
Sacramento, 2001-2004
• California Department of Parks and Recreation,
Cultural Resource Specialist, 1995-1999
Qualifications:
• Meets the Secretary of the Interior’s
Professional Qualifications Standards for history
and architectural history pursuant to the Code of
Federal Regulations, 36 CFR Part 61, Appendix
A.

Professional Activities:
• Immediate Past President and Trustee of the
California Preservation Foundation
• Board Member, Preservation Action 2019-
present

APPENDIX A

12 JENNA KACHOUR

Jenna Kachour is a Senior Associate Preservation Planner /Architectural Historian at GPA. She has been involved in the field of historic preservation since 2010. Jenna graduated from the University of Southern California with a Master of Planning and a Certificate in Historic Preservation. She has since worked in private urban planning and historic preservation consulting in California. Jenna joined GPA in 2013 and has skillfully supervised the preparation of environmental compliance documents in accordance with the California Environmental Quality Act, National Environmental Quality Act, and Section 106 of the National Historic Preservation Act for numerous transportation projects throughout California. Projects such as High Speed Rail and Interstate 605/State Route 60 Corridor Improvement have entailed the management of historical resource surveys through multiple cities in Los Angeles County. Jenna is also experienced in preparing applications for Mills Act Historic Property Contracts as well as inspecting properties with existing contracts.

Educational Background: Selected Projects:
• Master of Planning, University of Southern
California, 2007
• Certificate, Historic Preservation, University of
Southern California, 2007
• B.S., Public Policy, Management and Planning,
University of Southern California, 2007
• 1336-1400 Gordon Street, Los Angeles, CEQA Historical Resource Evaluation Report, 2016
• 1442-52 Tamarind Avenue, Los Angeles, CEQA Historical Resource Evaluation Report, 2016
• 1500 W. Adams Boulevard, Los Angeles, CEQA Historical Resource Technical Report, 2022-2023
• 199 Race Street, San Jose, Evaluation and DPR Form Set, 2021
• 3008 Wilshire Boulevard, Los Angeles, CEQA Historical Resource Evaluation Report, 2022-2023
• 3200 W. Adams Boulevard, Los Angeles, Secretary of the Interior’s Standards Compliance Memo, 2015
• 949 S. Hope Street, Los Angeles, CEQA Historical Resource Technical Report, 2017
• African American Historic Context Statement, Los Angeles, 2017
• Drake Park Historic District Survey Update, Long Beach, 2018-2019
• Everett Phipps Babcock House, Pasadena, Local Landmark Nomination, 2012
• Figueroa & Flower, Los Angeles, CEQA Historical Resource Technical Report, 2018
• Markham Place Historic District, Pasadena, National
Register Nomination, 2013
• Monticello Manor, Pasadena, Local Landmark Nomination, 2012
• Olympic & Figueroa, Los Angeles, CEQA Historical Resource Technical Report, 2017
• Sunset & Everett, Los Angeles, Historical Resource
Evaluation Report, 2014
• Sunset Junction, Los Angeles, CEQA Historical Resource Evaluation Report, 2015

Professional Experience:
• GPA Consulting, Senior Associate Preservation
Planner/Architectural Historian, 2021-Present
• GPA Consulting, Senior Preservation Planner,
2017-2021
• GPA Consulting, Associate Preservation
Planner, 2013-2016
• Pasadena Heritage, Preservation Director,
2010-2013
• Deborah Murphy Urban Design + Planning,
Planner, 2009-2010
• Brown/Meshul, Inc. Land Use Consultants,
Assistant Project Manager, 2006-2009
Qualifications:
• Meets the Secretary of the Interior’s
Professional Qualifications Standards for history
and architectural history pursuant to the Code of
Federal Regulations, 36 CFR Part 61, Appendix
A.
• National Preservation Institute, Section 106: An
Introduction

APPENDIX A

13 AMANDA DUANE

Amanda Duane is an Associate Architectural Historian at GPA. She has been involved in the field of historic preservation since 2011. Amanda graduated from Savannah College of Art and Design with a Bachelor of Fine Art degree in Historic Preservation. She has since worked in local government and private historic preservation consulting in California. Amanda joined GPA in 2012 and her experience has included the preparation of environmental compliance documents in accordance with the California Environmental Quality Act and Section 106 of the National Historic Preservation Act; Historic American Buildings Survey/Historic American Engineering Record recordation; large- scale historic resources surveys; Federal Rehabilita tion Tax Credit and Mills Act applications; National Register Place nominations; local landmark applications; historic context statements; and evaluations of eligibility for a wide variety of projects and property types throughout California. She is experienced in expertly guiding property owners through the process of securing local and federal historic tax credits and working with local governments to develop design guidelines for administering local design review. Amanda is also highly skilled in graphic design as well as interpretation and exhibition design.

Educational Background: Selected Projects:
• B.F.A, Historic Preservation, Savannah College
of Art and Design, 2011
• 1527 17th Street, Santa Monica, Local Landmark
Application, 2018
• 325 Georgina Avenue, Santa Monica, Landmark
Assessment Report, 2022
• 631 Colorado Avenue, Santa Monica, Landmark
Assessment Report, 2021
• African American Historic Context Statement, Los Angeles, 2017
• Agfa-Ansco Company Building, Los Angeles, Historic-
Cultural Monument Application, 2018
• Bank of Italy, Los Angeles, Federal Tax Credit Application and National Register Nomination, 2015-2019
• Bartlett Building, Los Angeles, Historic-Cultural Monument Application, 2014
• Casa de Rosas, Los Angeles, Federal Tax Credit Application, Part 3, 2022
• Community Laundry Company Building, Los Angeles,
Historic-Cultural Monument Application, 2018
• Drake Park Historic District Survey Update, Long Beach, 2018-2019
• Grand Central Market, Los Angeles, Historic-Cultural
Monument Application, 2018-2019
• Immanuel Baptist Church, Long Beach, Landmark
Application, 2017
• Jewish History of Los Angeles Historic Context Statement, 2016
• Mar Vista Gardens, Los Angeles, National Register
Nomination, 2018
• Million Dollar Theater, Los Angeles, Historic-Cultural Monument Application, 2018-2019
• Pioneer Oil Refinery, Santa Clarita, National Register Nomination, 2020

Professional Experience:
• GPA Consulting, Associate Architectural
Historian, 2012-Present
• GPA Consulting, Associate Architectural
Historian, 2017-2021
• GPA Consulting, Architectural Historian II,
2014-2017
• GPA Consulting, Architectural Historian I, 2012-
2014
• Architectural Resources Group, Intern, 2012
• City of Los Angeles, Office of Historic Resources,
Intern, 2011-2012
Qualifications:
• Meets the Secretary of the Interior’s
Professional Qualification Standards for
architectural history pursuant to the Code of
Federal Regulations, 36 CFR Part 61, Appendix
A.
• National Preservation Institute, Section 106: An
Introduction
Professional Activities:
• California Preservation Foundation Conference
Programs Committee, 2017

APPENDIX A

14 AUDREY VON AHRENS

Audrey von Ahrens is an Associate Architectural Historian at GPA. She has been involved in the field of historic preservation since 2013. Audrey graduated from the University of Pennsylvania with a Master of Science in Historic Preservation and City Planning where she focused on preservation planning and communi ty economic development. She has since worked in private historic preservation consulting in California. Audrey joined GPA in 2017 and her experience has included the preparation of environmental compliance documents in accordance with the California Envir onmental Quality Act and Section 106 of the National Historic Preservation Act; historic context statements; Secretary of the Interior’s Standards analysis; large-scale historic resources surveys; and evaluations of eligibility for a wide variety of projects and property types throughout Southern California. Audrey is also experienced in coordinating with property owners and local governments in the preparation and review of Mills Act Property Contract applications and the inspection and reporting of properties applying for or with existing contracts.

Educational Background: Selected Projects:
• M.S., Historic Preservation, University of
Pennsylvania, 2016
• Master of City Planning, University of
Pennsylvania, 2016
• B.A., Architectural Studies and Urban Studies,
University of Pittsburgh, 2013
• African American Historic Context Statement, Los Angeles, 2017
• 329 Avenida Cabrillo, San Clemente, Secretary of the
Interior’s Standards Compliance Memo, 2021
• 416 Holly Street, Laguna Beach, Local Landmark
Application, 2021
• 818 Grant Street, Santa Monica, Local Landmark
Application, 2020-2021
• Casa de Rosas, Los Angeles, Federal Tax Credit Application, 2017-2022
• Casa Romantica, San Clemente, Secretary of the Interior's Standards Compliance Memo, 2018
• CF Braun & Company Plant, Alhambra, CEQA Historical
Resource Technical Report, 2018
• Farmers & Merchants Bank Building, Los Angeles,
Preservation Plan, 2017
• Granada Theater, Ontario, CA, Preservation Plan, 2022 • Hollywood Roosevelt, Los Angeles, Preservation Plan, 2017 • Hooper Center, Webb Schools, Claremont, Secretary of the Interior's Standards Compliance Memo, 2018
• National Chicano Moratorium March August 29, 1970, Los Angeles County, National Register Nomination, 2019-2020 • North Beach Historic District, San Clemente, National Register Nomination, 2020
• Pasadena Field Archery Range, Pasadena, National
Register Nomination, 2020
• West Covina Historic Resources Survey and Context
Statement Update, 2018-2019
• Whittier Citrus Association Packing House, Whittier, Historic Preservation Treatment Plan and Secretary of the Interior's Standards Compliance Memos, 2022-present
• WM Keck Science Center, Scripps College, Claremont,
Secretary of the Interior's Standards Compliance Memo,
2018
Professional Experience:
• GPA Consulting, Associate Architectural
Historian, 2021-present
• GPA Consulting, Architectural Historian II,
2017-2021
• Heritage Consulting, Inc., Intern, 2015-2016
• Tacony Community Development Corp., Intern,
2014
• Pittsburgh History & Landmarks Foundation,
Intern, 2013
• University of Pittsburgh, Teaching Assistant,
2012-2013
• Pittsburgh Planning Department, Intern, 2012
Qualifications:
• Meets the Secretary of the Interior’s
Professional Qualification Standards for history
and architectural history pursuant to the Code of
Federal Regulations, 36 CFR Part 61, Appendix
A.

Professional Activities:
• Downtown Los Angeles Neighborhood Council
(DLANC), Planning and Land Use Committee,
2018-present
• DLANC, Board of Directors, Alternate, 2019-
present

APPENDIX A

15 EMMA HAGGERTY

Emma Haggerty is an Associate Architectural Historian at GPA and has been involved in the field of historic preservation since 2016. Emma graduated from the University of Vermont with a Master of Science in Historic Preservation. She has since worked in th e public sector in both New Jersey and California on a variety of projects. Emma joined GPA in 2021 and her experience has included review of environmental compliance documents in accordance with the California Environmental Quality Act (CEQA) and Section 106 of the National Historic Preservation Act (NHPA); design review for consistency with the Secretary of the Interior’s Standards (SOIS); and municipal code compliance. Additionally, Emma has experience reviewing Mills Act Applications, preparing Mills Act Contracts, and performing site inspections for properties under and interested in the Mills Act.

Educational Background: Selected Projects:
• M.S., Historic Preservation, University of
Vermont, 2018
• B.A., Planning and Public Policy, Rutgers
University, 2016
• 1102 Pacific Coast Highway, City of Huntington Beach, CEQA Historical Resource Technical Report, 2021
• 2501 Curtis Avenue, Redondo Beach, CEQA Historical
Resource Evaluation Report, 2021 –2022
• 3014 4th Street, City of Santa Monica, Local Landmark Assessment, 2022
• 3232 Dove Street, San Diego, Historical Resources
Research Report, 2022
• 325 Georgina Avenue, City of Santa Monica, Local
Landmark Assessment, 2022
• 400-432 S. San Vicente Boulevard, City of Los Angeles, CEQA Historical Resource Evaluation Report, 2022
• 631 Colorado Avenue, City of Santa Monica, Local
Landmark Assessment, 2021 –2021.
• 660-664 W. Wilson Avenue, City of Glendale, CEQA
Historical Resource Evaluation Report, 2022
• Carnegie Library, City of Yreka, Historic Structures Report and Section 106 Finding of No Adverse Effect Report, 2022 • Chula Vista Center, City of Chula Vista, CEQA Historical Resource Evaluation Report, 2021 –2022
• Ole Hanson Beach Club, City of San Clemente, Secretary of Interior’s Standards Compliance, 2022
• Sewage Pumping Plant #669, Port of Los Angeles,
Historical Resources Technical Memorandum, 2022
• Telfair Multi-Modal Bridge, City of Los Angeles, USACE Cultural Resources Assessment Report, 2022
• Whittier Citrus Association Packing House, Historic
Preservation Treatment Plan, 2022

Professional Experience:
• GPA Consulting, Associate Architectural
Historian, 2021-Present
• City of San Diego, Historical Resources Senior
Planner & Mills Act Coordinator, 2018-2021
• New Jersey Historic Preservation Office,
Program Associate, 2018
• National Trust for Historic Preservation –
Lyndhurst Mansion, Historic Preservation Intern,
2017

Qualifications:
• Meets the Secretary of the Interior’s Professional
Qualifications Standards for history and
architectural history pursuant to the Code of
Federal Regulations, 36 CFR Part 61, Appendix
A.

APPENDIX A

16 Standard Rates
Principal Architectural Historian $315.00/hr
Senior Associate Architectural Historian $210.00/hr
Senior Architectural Historian $175.00/hr
Associate Architectural Historian $140.00/hr
Sr. GIS Analyst $180.00/hr.

References
Lambert Giessinger
City of Los Angeles
Senior Architect
Office of Historic Resources
221 N. Figueroa Street, Suite 1350
Los Angeles, CA 90012
(213) 847-3651
Antonio Castillo
City of West Hollywood
Senior Planner
Current and Preservation Planning
8300 Santa Monica Boulevard
West Hollywood, CA 90069
(323) 848-6854

Christopher Koontz
City of Long Beach
Deputy Director
Development Services Department
411 West Ocean Boulevard, 3rd Floor
Long Beach, CA 90802
(562) 570-6288
Stephen Riley
City of Livermore
Principal Planner
Community Development
1052 South Livermore Avenue
Livermore, CA 94550
(925) 960-4461

Kevin Johnson
City of Pasadena
Senior Planner, Design and Historic Preservation
175 N. Garfield Avenue
Pasadena, CA 91101
(626) 744-7806
Luis G. Escobedo, AICP
City of Whittier
Assistant Director of Community Development
13230 Penn Street
Whittier, CA 90602
(562) 567.9320

Stephanie Reich, AIA, LEED AP
City of Santa Monica
Design and Historic Preservation Planner
Community Development
1685 Main Street, Room 212
Santa Monica, CA 90401
[email protected]
Jonathan Lightfoot
City of San Clemente
Economic Development Officer
Economic Development & Business Services
910 Calle Negocio Suite 100
San Clemente, CA 92673
(949) 361-8254

August 1, 2023
Montebello City Council
1600 W. Beverly Blvd.

Montebello, CA 90640
RE: Request for a closed door session to discuss steps toward designating the Armenian Genocide Martyrs Monument as a California Historical Landmark.

Dear Mayor Torres and Councilmembers:

I am writing to express my support for designating the Armenian Genocide Martyrs Monument in Montebello as a California Historical Landmark and request that the Montebello City Council convene a closed session to discuss obtaining a written letter of consent from the monument’s property owner for this purpose.

The Los Angeles region has the largest Armenian community in the United States and Montebello is home to the oldest Armenian community in Los Angeles. As elected officials, it is vital that we continue supporting the Armenian community to guarantee that future generations learn from the Armenian Genocide and to prevent an atrocity like this from happening again.

In order for present and future generations to learn about the injustices that the Armenian community faced, there must be a complete and accurate account of history. Monuments provide a public setting for visitors to reflect on and learn from the hardships of the past. I am eternally grateful to the Armenian community and the descendants of survivors across the globe for their perseverance and their dedication to the cause of injustice.

Designating this monument as a California Historical Landmark will strengthen the bond between Montebello and the Armenian community. This monument is the largest and oldest in the United States dedicated to the Armenian Genocide. I strongly believe that it is time we take steps toward designating this important site as a California Historical Monument.

Thank you for your consideration of this request. If you would like further information or have any questions, please do not hesitate to contact me and my office at 916-651-4030.

Sincerely,
Bob Archuleta
State Senator, 30th District

ATTACHMENT C

RESOLUTION NO. 8362

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF MONTEBELLO SETTING ASIDE A SITE

IN BICKNELL PARK FOR THE ERECTION OF A
MONUMENT TO COMMEMORATE THE 50TH ANNI-
VERSARY OF THE ARMENIAN MASSACRE OF 1915.

WHEREAS, fifty- one years ago, on April 24, 1915, the
Government of Turkey ordered the commencement of a syste- matic plan of massacre of the Armenian nation, which, be- fore its termination, took a toll of 1, 000, 000 lives, with an additional 1, 000, 000 persons being displaced, ill and in want; it is marked forever as the first modern massacre and, in 1941, served as the prototype, inspiration and
model of the Nazi pogroms; and
WHEREAS, the beginning of the Armenian Martyrdom
marked the opening of the many important contributions to the Allied war effort in World War I by the Armenian nation; and the sacrifice of the Armenian nation in the cause of virtuous government, freedom, justice and human rights, re- flected in the fact that Armenia, although one of the small- est Allies of the Western Alliance, suffered more casualties than any other member of that Alliance, serves to remind us that mankind is indeed ready to perish in the interest of noble causes nearer and dearer to the human heart than life itself; and
WHEREAS, of those Armenians who were able to flee and
escape from the Turks, large numbers emigrated to the
United States, where they found a new homeland free from tyranny and oppression; they have prospered and enriched the economy and culture of their adopted homeland, and many have become leaders of their communities, not the least of which in the greater Los Angeles area is in the City of Montebello, it being one of the largest Armenian - American population centers in the nation; and
WHEREAS, the City Council feels that it is fitting and
appropriate that a permanent monument be erected in the City of Montebello to pay tribute to their self- sacrifice;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF MONTEBELLO:

SECTION 1. That in this Fifty - First Anniversary Year
of the 1915 Turkish massacre of the Armenian Nation, an appropriate site shall be set aside at Bicknell Park by further order of this Council, whereupon the Commemorative Monument Committee of the Armenian Martyrs shall be allowed to erect a monument to honor the memory of those who perished at the sword of violence.

SECTION 2. That the City Clerk shall certify to the
adoption of this resolution and transmit a certified copy thereof to the Chairman of the Commemorative Monument
Committee.

ADOPTED AND APPROVED this 19th day of April, 1966.

Mayor
ATTEST: ZA O_. x ""_ ate
City Clerk

ATTACHMENT D

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS.

CITY OF MONTEBELLO )
I, Charline Bott, City Clerk of the City of Montebello, do hereby certify that the foregoing resolution was duly adopted by the City Council of said City at an adjourned regular meeting thereof held on the 19th day of April, 1966, by the following vote:

AYES: Councilmen: Lambo, Shepherd, Spada, Zimmer, Odou
NOES: Councilmen: None
ABSENT: Councilmen: None
City ClerkClerk

ITEM # 6

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Michael Solorza, Director of Finance

SUBJECT: TREASURER'S REPORT FOR THE QUARTER ENDING DECEMBER 31, 2023

DATE: January 24, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Receive and file the Quarterly Treasurer’s Report for the quarter ending December 31, 2023 (Second Quarter of Fiscal Year 2023-24).

FISCAL IMPACT:

Attached is a cash report and portfolio summary as of December 31, 2023 (Attachments A and B). This report provides a snapshot at quarter end of the City’s cash position, detailing balances in various accounts and types of investments.

The table below summarizes available cash by major type of account, comparing ending balances for June 2021, 2022 and 2023 and December 2022 vs. 2023. The “General” account combines BMO (formerly Bank of the West), Local Agency Investment Fund (LAIF), and various Certificates of Deposit, and represents the most liquid and accessible source of cash for the City to pay ongoing expenses:

As of December 31 2023, total available cash was $29.994 million greater than the same

CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024

quarter of the prior year (i.e., December 31, 2022). The City’s overall cash position has improved over the years. For example, the June balance for the past eight years is shown below:

Comparing June ending balances from prior years, in 2016 overall cash was $48.156 million, versus $124.430 million as of June, 2023 – a $76.274 million improvement in the City’s available cash position (LAIF, BMO, etc.), or put another way a 258% increase. Comparing December 2016 vs. December 2023 cash balances, there has been an $86.042 million increase in available cash (a 360% increase over the seven year period).

The continuing strength of the City’s cash position is due to a number of reasons. A primary factor is proceeds from Measure H, the City’s ¾ cent transaction and use tax – which began flowing to the City in Fiscal Year 2020-21. Property tax receipts are also up, as overall assessed values in the City continue to grow. The City has also received new or one-time funding from the Federal government for Transit operations (Montebello Bus Lines) and has applied for and received new grants for various purposes. In addition, the sale of the City’s water system (February, 2023) and Transit property in Pico Rivera (February, 2023) have added to the overall cash position during calendar year 2023.

It should also be noted that monthly cash balances fluctuate, as monthly expenses can vary considerably from month-to-month, especially when comparing prior years. The chart below shows second quarter 2022 vs. second quarter 2023 (October – December). The monthly variances within each quarter can be significant:

The City receives numerous grants from Federal, State and local governmental agencies, with expenses and concomitant revenue reimbursement varying depending on the grant award and the particular progress made in the project. In addition, the City’s various debt service payments typically hit the books in November/December and May/June, causing a draw on available cash greater than other “typical” months of the fiscal year.

Despite these natural fluctuations in cash flow, one can see by the tables above that the

CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024

City’s overall cash position has grown steadily over the past several years and remains at an elevated level that provides additional financial security. This improvement in cash flow ensures daily expenses are easily met, with no danger of having to postpone payments due to lack of liquidity. Sufficient liquidity is just one of many positive signs of the City’s progress towards financial stability and security.

The City receives income from the investment of idle cash. This revenue varies based on balances and current interest rate environments. The General Fund has averaged $159,174 in annual investment income between FY 2015-16 and FY 2023-24. The historically low interest rates of the past decade have limited the amount of revenue received from idle cash investments. However, interest rates have risen markedly in the past twenty-four months, as the Federal Reserve continues to raise the federal funds rate in an effort to combat high inflation. Combined with the large increase in total available cash, the General Fund realized $665,162 in revenue from its investments in FY 2022- 23, with projected revenue for FY 2023-24 at $810,000.

The effective rate of return on the City’s investment portfolio as of September 30, 2023 was 1.06%. It is useful to compare these rates of return to various U.S. Treasuries, as a general benchmark. The chart below shows a comparison between Treasury yields – based on length of the note – during the second quarter of 2023 (October – December):

BACKGROUND/DISCUSSION:

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

CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024

The City of Montebello holds idle cash in various depositories:

• BMO checking accounts (i.e., General used to pay bills, Payroll for bi-weekly payroll, etc.)
• Local Agency Investment Fund (LAIF)
• Multi-Bank Securities (MBS) (i.e., Certificates of Deposit)

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

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

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

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

The table below provides an overview of the City’s major liquid cash accounts: BMO checking and the two separate LAIF accounts, from June, 2020 through September 2023. The average quarterly balance for the City’s checking account since June 2020 is $13.426 million, more than sufficient to meet weekly expenses.

CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024

The City’s Investment Policy was most recently reviewed and approved by the City Council on June 14, 2023. Prior to that, the policy was reviewed, approved and updated on: June 8, 2022, June 23, 2021, October 28, 2020, and August 19, 2019. The Government Code requires an annual review and approval of an investment policy statement – even if no changes are made.

The 2019 approval was the first time the City’s investment policy was updated since 2011, with a previous update done in 2007, in violation of Government Code. Moreover, Staff has endeavored to present a more thoroughly researched quarterly Treasurer’s report, with detailed background and explanations of the various investment accounts – a marked improvement over prior years reports presented with no discussion or analysis.

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

The updated version of the City’s investment policy was submitted to the California Municipal Treasurers Association (CMTA) for consideration of their investment policy review and award program. The CMTA investment policy program utilizes public treasury officials to review public agency policies to ensure they comply with best practices and Government Code. For the first time in the City’s 100 plus year history, the City’s policy was submitted and passed the review with flying colors. Having passed this review process is one more indication of the progress made in achieving fiscal sustainability in Montebello, as its policies adhere to best practices.

CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

It is recommended that the City Council receive and file the Quarterly Treasurer’s Report for the quarter ending December 31, 2023

ATTACHMENT(S)

1. Attachment A - Monthly Cash Report

2. Attachment B - Portfolio Summary

NEXT STEPS:

N/A

ATTACHMENT A

BANK OF THE WEST
Account Number Account Name 12/31/23
1 XXXX-XX770 Housing Successor Agency of the City of Montebello $2,568,424.63 2 XXXX-XX093 Successor Agency of the City of Montebello $468,573.65 3 XXXX-71041 City of Montebello $3,452,107.52
4 XXXX-00184 City of Montebello - FSA $13,062.94
5 XXXX-XX331 General $20,218,536.78
6 XXXX-XX287 Trust & Agency $6,063.99
7 XXXX-XX803 Police Retiree Health Account $801,885.19
8 XXXX-XX267 Payroll $0.00
9 XXXX-XX362 Fire Retiree Health Account $338,043.02
$27,866,697.72

STATE OF CALIFORNIA
Account Number Account Name 12/31/23
1 XX-XX-551 General $75,000,000.00
2 XX-XX-068 Successor Agency City of Mtb for Mtb RDA $14,496,757.87 $89,496,757.87

FIRST MERCANTILE TRUST
Account Number Account Name 12/31/23
XXX-XX-X746 CORPORATE ACCOUNT $12.98
XXX-XX-X999 TRUST ACCOUNT $13,551.48
$13,564.46
Pershing LLC - CDs
Account Number Account Name 12/31/23
CD Enerbank USA (10/9/19-9/13/23) $249,000.00
CD Sallie Mae Bank (10/9/19-9/18/24) $247,000.00
CD RIA Federal Credit Union (10/11/19-10/11/23) $249,000.00 CD BMW Bank North America (10/11/19-10/11/23) $247,000.00 CD Merrick Bank (10/18/19-10/18/24) $249,000.00
CD Morgan Stanley Bank (10/30/19-10/30/24) $247,000.00
CD HSBC Bank USA (5/7/20-5/7/25) $248,000.00
$1,736,000.00
Total General Cash/Investments $100,406,644.30
Total SA Cash/Investments $14,965,331.52
Total HSA Cash/Investments $2,568,424.63
Total T&A Cash/Investments $1,159,055.14
Total Trustee Cash $13,564.46
Total Cash/Investments $119,113,020.05

CITY OF MONTEBELLO

MONTHLY CASH REPORT (ALL ACCOUNTS)
BALANCE AS OF DECEMBER 31, 2023

ITEM # 7

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Michael Solorza, Director of Finance

SUBJECT: ADOPT RESOLUTION NO. 24-01 APPROVING THE ADOPTION OF CALIFORNIA LABOR CODE SECTION 3363.5 EXTENDING THE CITY

OF MONTEBELLO'S WORKERS' COMPENSATION PROGRAM TO

VOLUNTEERS

DATE: January 24, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt Resolution No. 24-01 Adopting California Labor Code Section 3363.5 Extending Coverage of Volunteers by the City of Montebello’s Workers’ Compensation Program.

FISCAL IMPACT:

There is no direct fiscal impact with the adoption of the proposed Resolution. The indirect fiscal impact would be the result of limiting the City’s potential liability for any volunteer injuries.

BACKGROUND/DISCUSSION:

The City of Montebello Fire Department is developing a Community Emergency Response Team (CERT) Program. This Program, approved by the City Council, will be comprised of volunteers from the community, managed and overseen by City employees. The City currently uses volunteers for other City programs (e.g., Parks and Recreation). The creation of the CERT Program prompted the staff to review its policies and procedures concerning the use of volunteers since the most recent applicable Resolutions were adopted and updated in 1943 and 1946 (Attachments C and D).

CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024

Therefore, it is imperative that these Resolutions be updated to reflect current labor laws, as well as limit the City’s overall liability should a volunteer be injured during their participation in a City-sponsored program. In addition to the updated Resolution (Attachment A), a “Volunteer Policy” document has been updated (Attachment B) to reflect the changes in the proposed Resolution, as well as to make other necessary changes to ensure its applicability to volunteers across all City-sponsored programs.

ENVIRONMENTAL:

N/A

ANALYSIS:

According to California Labor Code Section 3363.5, public employers may choose to extend Workers' Compensation coverage to volunteers that perform services for the organization. Workers' Compensation coverage is not mandatory for volunteers as it is for regular (i.e., full-time or part-time) employees.

Workers' Compensation is a no-fault system, and with few exceptions, is the exclusive remedy for injuries and illnesses suffered while working. If volunteers are covered, they will be entitled to the same benefits as any of the paid staff. Workers' Compensation benefits are finite and limited to medical, disability, and retraining costs associated with a specific impairment.

If volunteers are excluded from Workers' Compensation coverage, they can seek a remedy in the civil court system in the event of an injury. The court or jury may award compensation for pain and suffering plus other damages. While the volunteer must prove fault, the civil awards are often much higher than the corresponding Workers’ Compensation benefits and can include claims for the workers’ spouses for loss of consortium.

It should also be noted that having volunteers sign a Release and Waiver of Liability form does not ensure that the volunteers cannot pursue a civil remedy. In City of Santa Barbara v. Superior Court, the California Supreme Court stated, “[w]e conclude, consistent with dicta in California cases and with the vast majority of out-of-state cases and other authority, that an agreement made in the context of sports or recreational programs or services, purporting to release liability for future gross negligence, is unenforceable as a matter of public policy.” City of Santa Barbara v. Superior Court (Janeway) 41. Cal.4th 747 (2007)

From a risk management standpoint, it is beneficial to extend Workers’ Compensation coverage to volunteers because when a volunteer is not covered by Workers’ Compensation, his or her only remedy for an injury is to file a claim against the City and pursue damages through the civil court system. This can result in costly and time- consuming litigation and a significant claim has the potential to adversely impact the City’s loss history, future insurance premiums, and general fund reserves. It can also result in unnecessary delays in obtaining competent treatment from qualified professionals.

CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024

Conversely, if a volunteer is covered under Workers’ Compensation, his or her exclusive remedy is through the Workers’ Compensation system. This allows for the volunteer to receive necessary treatment – but at a controlled cost.

SUMMARY:

The City adopting the proposed Resolution No. 24-01 (Attachment A) to afford volunteers coverage through the City’s Workers’ Compensation Program would allow volunteers to seek necessary treatment immediately at a controlled cost and limit the City’s liability since this would be their sole and exclusive remedy. In addition, the Volunteer Policy (Attachment B) has been updated to reflect necessary changes consistent with the proposed Resolution and extension of Workers Compensation coverage.

ATTACHMENT(S)

1. Attachment A - Volunteer WC-Policy Resolution, 01_24_2024

2. Attachment B - Volunteer Policy

3. Attachment C - Resolution No. 1178

4. Attachment D - Resolution No. 4139

NEXT STEPS:

N/A

ATTACHMENT A
RESOLUTION NO. 24-01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, ADOPTING LABOR CODE SECTION
3363.5, ALLOWING VOLUNTEERS TO BE COVERED BY THE CITY’S WORKERS’ COMPENSATION PROGRAM

RECITALS
WHEREAS, the City of Montebello (hereinafter referred to as the “City”) recognizes the need for and the benefit derived from individuals and groups providing volunteer services to the City; and
WHEREAS, the Legislature of the State of California, under Labor Code Section 3363.5, has codified and provided authorization for inclusion of coverage of volunteers in the City’s workers’ compensation program; and
WHEREAS, the City desires to provide workers’ compensation coverage for individuals in their capacity as volunteers to the City while they are performing services for the City in accordance with the City’s policies and regulations; and

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

SECTION 1. The City hereby adopts the policy for workers’ compensation benefits that an unsalaried person(s) authorized by the City to perform volunteer services for the City shall be deemed an employee of the City should he/she sustain an injury while engaged in the services of the City under the direction and control of the City.

SECTION 2. For purposes of extending this coverage to official volunteers of the City, all individuals who directly volunteer to provide services in the City, and whose volunteered services are accepted in accordance with the City regulations and policies shall be covered. The type of approved volunteer service shall be on file in the appropriate/lead department and Human Resources prior to commencing volunteer services.

SECTION 3. Labor Code Section 3363.5 provides that a person who performs voluntary service for a public agency as designated and authorized by the Governing Body of the agency or its designee, shall, upon adoption of a resolution by the Governing Body of the agency so declaring, be deemed to be an employee for workers’ compensation purposes.

SECTION 4. Labor Code Section 3600, subdivision (a), states: "Liability for the compensation provided by this division, in lieu of any other liability whatsoever to any person...shall, without regard to negligence, exist against an employer for any injury sustained by his or her employees arising out of and in the course of the employment...." "Subject to certain statutory exceptions, an injured employee's sole and exclusive remedy

RESOLUTION NO. 24-01

against his or her employer is the right to recover workers' compensation benefits...," provided the injury arose out of and in the course of employment.

SECTION 5. This Resolution supersedes Resolution No. 1178, adopted November 1, 1943, and Resolution No. 4139, adopted June 17, 1946, and. shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the passage and adoption of this resolution.

APPROVED AND ADOPTED THIS 24th DAY OF JANUARY 2024.
_______________________________
Scarlet Peralta, 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. 24-01 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 24th day of January 2024 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

RESOLUTION NO. 24-01

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

ADOPTED & FINAL 12/23/2020

CITY VOLUNTEER POLICY

ATTACHMENT B

TABLE OF CONTENTS

INTRODUCTION AND PURPOSE _________________________________________3

1. SCOPE_________________________________________________________3

2. DEFINITIONS ___________________________________________________ 3

3. RECRUITMENT, QUALIFICATIONS & MANAGEMENT OF VOLUNTEERS___4

4. VOLUNTEER RULES AND REGULATIONS____________________________9

5. RESPONSIBILITY FOR VOLUNTEER PROGRAM REVIEW_______________14

VOLUNTEER POLICY
12/3/2020-ADOPTED & FINAL
City Of Montebello 3

INTRODUCTION AND PURPOSE
The City Council believes that volunteers are a key resource in the achievement of the City’s vision of building a stronger, sustainable and healthy community for future generations. Volunteers contribute to the political, social, economic environmental and cultural well-being of the City by:
a. Strengthening community cohesion, social wellbeing and trust; b. Expanding the ability of the City to respond to the needs of its citizens and provide a range of services and activities;
c. Encouraging understanding of, and acceptance of, diversity within our population; d. Demonstrating that one person can make a difference.

Sound policies, procedures and processes are necessary to support volunteering along with protecting the safety and welfare of all concerned. Accordingly, the purpose of the City of Montebello Volunteer Policy is:
a. To establish an administrative policy and procedures for promoting volunteerism and connecting volunteers with various service opportunities within the City of Montebello; b. To recognize and promote the substantial and ongoing contribution made by volunteers to the quality of life of our citizens;
c. To help effectively engage volunteers to meet the City’s mission, vision and values; d. As part of the City’s commitment to volunteerism, this policy document establishes the expectations for a productive partnership.

1. SCOPE
a. The volunteer policy applies to all City Departments; b. Existing department policies and procedures involving volunteers may augment, but are not a substitute for, this volunteer policy.

2. DEFINITIONS
A. Minors
A person under 18 years of age.

B. Volunteers
Persons volunteering time and service without any present of future expectation of remuneration other than meals, transportation, or reimbursement of incidental expenses. (See California Labor Code Section 3363.5). This is not an employment relationship and the volunteer is under no obligation to provide time or

VOLUNTEER POLICY
12/3/2020-ADOPTED & FINAL
City Of Montebello 4

duties of resources, other than what he or she chooses to freely provide. City volunteers must be officially accepted and enrolled by the City of Montebello prior to undertaking any volunteer tas k unless special circumstances exist and written consent to the exemption is provided by the City Manager or his/her designee.

City volunteers include, but are not limited, to:
1) Volunteers who serve on committees or groups that are a part of ongoing City-sponsored service and programs at City facilities;
2) Volunteers who serve under the auspices of a City Department.

Exceptions:
1) Members of City Council appointed Commissions, such as the Planning, Parks & Recreation, Youth, Education, and Civil Service;
2) Members of not-for-profit and/or community based and faith-based organizations delivering services within the community under the auspices of other organizations; C. Youth Program Volunteers
Anyone who is likely to have access to minors and includes mentors, coaches, recreation leaders, instructors, helpers, or persons engaged in any capacity, which would allow them to have control or supervision over minors.

3. RECRUITMENT, QUALIFICATIONS AND MANAGEMENT OF VOLUNTEERS A. What Volunteers Can Expect from the City
Volunteers are individuals who contribute time, energy and service to the City of Montebello which the City acknowledges and supports as a valuable resource.

Volunteers can expect the City to:
1) Provide a clear job description
2) Provide orientation, training and supervision for the tasks assigned; 3) Provide appropriate workspace, including consideration for disabilities; 4) Provide necessary information about the workplace, agency mission and program goals needed to carry out assignments;
5) Treat volunteers with courtesy and respect;
6) Respect the value of a volunteer’s time by providing work that best matches their interests, talents, and skills;
7) Be receptive to suggestions and comments from any volunteer;

VOLUNTEER POLICY
12/3/2020-ADOPTED & FINAL
City Of Montebello 5

8) Respond promptly to any complaints that are brought to the attention of a supervisor or City staff;
9) Be treated as a valued member of the City’s team.

B. Determining the Risk
1) Before a volunteer position is created by the City, each volunteer position must be examined to determine its inherent level of risk. The determined level of risk will then dictate the appropriate mitigation steps required;
2) The supervisor(s) of any volunteer, the City’s Risk Manager and Department Management share responsibility for minimizing any potential risks to the volunteer, the public, and the City.

C. Risk Management
1) Risk management is intended to mitigate or limit safety risks involved in volunteer work and related tasks;
2) Before a volunteer begins service, the supervisor is responsible for informing the volunteer of safe work practices as required for all employees;
3) Any injury to the volunteer or losses to any third party which involve a volunteer must be reported and processed in accordance with existing City policies. The volunteer incident report form should be used for documenting injury or loss.

D. Minors
1) Persons under the age of 18 must obtain written consent from parent or legal guardian to volunteer;
2) The minimum age of a City volunteer is 14; unless it is a family unit volunteering and that all minors under the age of 14 have an adult supervision ratio of 1:1; 3) Volunteers between the ages of 14 and 15 must be accompanied by a parent or legal guardian, or other parent-authorized program or school representative during their service; 4) Minors may work during non-school hours only, unless a written release giving the consent of their school or home school is obtained;
5) Minors are not to operate power tools, machinery or City vehicles; 6) Volunteers under the age of 18 will not be permitted to ride along with City employees in City vehicles without written permission from the parent or legal guardian and prior permission from the Department Director, under one the following conditions:
a. The City employee is the parent or legal guardian of the minor who is doing the ride along; b. At least two City employees will be in the vehicle at the same time during the ride along.

VOLUNTEER POLICY
12/3/2020-ADOPTED & FINAL
City Of Montebello 6

E. Recruitment Process
1) The volunteer recruitment process is intended to be open, to allow equal access to volunteer opportunities and to reflect the diversity of the City of Montebello; 2) Volunteers must meet the qualifications established for the position and must be able to perform the specified duties.

F. Position (Job) Descriptions
1) Every assignment or activity for which volunteers are used must have a written job description, which will provide both staff and volunteers with a clear explanation of the project scope, start and end date and follow up as needed;
2) A job description should include a description of the duties, skills, requirements and physical abilities needed to perform the job, as well as a description of working conditions for the job (e.g., working outdoors or indoors, working days or nights, etc.).

G. Application Form
1) An application form is a screening tool that each potential volunteer must complete. Some departments may have an application form specific to the unique requirements of a volunteer position; however, a universal volunteer application form must be completed and kept on file in the relevant department and a copy of this form will be submitted to the Human Resources Department;
2) All volunteers under the age of 18 must have a parental or legal guardian give their written consent before a minor can participate in a City volunteer program.

H. Waiver and Release Form and the Volunteer Protection Act of 1997 1) The City of Montebello has adopted a resolution providing workers’ compensation to volunteers and is the exclusive remedy for volunteers should they sustain an injury during the course and scope of their duties as a volunteer. All City volunteers must sign the ‘Volunteer Program Waiver and Release’ form prior to starting a volunteer assignment; 2) The signed Volunteer Waiver form must be kept on file with the relevant department with a copy being sent to Human Resources.
3) City volunteers are protected under Public Law 105-19; the Volunteer Protection Act of 1997 as signed into law by President Clinton on June 18, 1997. The purpose of this law is to reform laws to provide certain protections from liability abuses related to volunteers serving nonprofit organizations and governmental entities.

VOLUNTEER POLICY
12/3/2020-ADOPTED & FINAL
City Of Montebello 7

I. Interviews
1) All persons applying for volunteer positions that involve minors shall be interviewed; 2) The interview will offer the prospective volunteer the opportunity to learn about the volunteer positions and will help determine the qualifications, ability and suitability of the individual to perform work on behalf of the City;
3) For some positions, depending on the level of risk, more than one interview may be required; J. Federal Labor Standards Act (FLSA)
a. In considering staff for any volunteer position, note that the Federal Labor Standards Act (FLSA) prohibits employees from volunteering to do the same activities that they are normally paid to perform. Staff may, free of coercion, volunteer to carry out activities not significantly related to their paid positions and may do so only outside of their usual paid hours.

K. Reference Checks
1) Volunteers may be required to provide personal references upon request, with the expectation that references may be used to help determine the suitability of an applicant for the position;
2) For any volunteer who will be interacting with minors, references must be checked.

L. Background Screening and Fingerprinting
1) All positions involving interaction with minors require volunteers to submit to a police background check and fingerprinting, which will be arranged by the relevant department with the City of Montebello Police Department and coordinated with the Human Resources Department. Certain volunteer positions may be unsuited for an applicant depending on the results of the background check;
2) The City of Montebello may also require fingerprinting and a background check (Live Scan) for volunteer positions as determined by staff; The City will pay for the Live Scan fingerprinting for volunteer applicants.
3) In certain cases, a potential volunteer may be denied or referred to a more suitable placement, as warranted.

M. TB Testing (if required)
1) As determined by the City’s Human Resources Department, some volunteer positions may be required to meet the same health requirement under California Public Resources Code 5163, which requires that City and County recreational employees in a position requiring contact with children, or food service, to have on file with the City or County a certificate

VOLUNTEER POLICY
12/3/2020-ADOPTED & FINAL
City Of Montebello 8

showing that within the past two years the person has been examined and has been found to be free of communicable tuberculosis;
2) For persons with a positive TB skin test reading, a physician’s medical clearance must be obtained prior to services being provided as specified above.

N. Orientation
1) All volunteers must be given proper orientation to the position to which they are assigned before commencing their work assignment. An orientation can be provided either by staff or another lead volunteer;
2) It is the supervisor’s responsibility to ensure the orientation is carried out; a. Supervisor shall be defined as any permanent, paid employee of the City of Montebello.

O. Supervision of the Volunteer
1) Supervision, including regular contact with participants or one‐on‐one interaction on a continual basis, is essential for guiding volunteers and to ensure success in their performance;
2) Each volunteer will have an on‐ site contact and is expected to follow the procedures and Instructions by their staff supervisor. The job description identifies a supervisor and related job duties. The supervisor will be responsible for day‐to‐day management and guidance. The supervisor will provide periodic feedback and encouragement; 3) The supervisor is the first in the chain of command for any questions about assignments, scheduling, injury and accident reporting, and conflict resolution P. Evaluation of the Volunteer
1) Evaluating a volunteer’s performance is the responsibility of the immediate supervisor; 2) Evaluations should be scheduled upon request of the supervisor or volunteer and conducted by the supervisor in a constructive manner. In addition to aiding the volunteer to succeed, the evaluation should also assess the program objectives in relation to a volunteer’s performance, to identify opportunities for improving program participation and the volunteer experience; 3) Periodic oral evaluations for all volunteers will be made to help determine if the volunteer is satisfied or comfortable with the job duties that have been given, and to manage job performance through the appropriate level of supervision or instruction;

VOLUNTEER POLICY
12/3/2020-ADOPTED & FINAL
City Of Montebello 9

4) Volunteers should be encouraged and given the opportunity to make comments and suggestions on assignment improvements, as well as a self-assessment of performance; 5) It is a supervisor’s responsibility to complete the Volunteer Evaluation Form, which serves as a tool to document performance and to ensure consistency in the performance assessment process. Copies of this form are to be kept on file with the Human Resource Department; 6) All written evaluations should be signed, dated and kept on file for reference.

4. VOLUNTEER RULES AND REGULATIONS
A. What the City Expects from Volunteers
Volunteers who make a commitment to the City are accountable to their City supervisor(s), coworkers and the people they serve.

The City of Montebello expects volunteers to:
1) Read and follow the City’s volunteer policy;
2) Learn their responsibilities and duties and perform them to the best of their ability; 3) Report to duty on time and as scheduled;
4) Keep confidential or sensitive information confidential; 5) Accept the supervisor’s authority and communicate effectively with the supervisor; 6) Work cooperatively with fellow volunteers, City employees and others; 7) Practice safety at all times;
8) Immediately report all on –the job accidents/injuries and unsafe procedures, conditions or procedures to the supervisor;
9) Use good personal hygiene and grooming habits, as well as appropriate dress, for volunteer work assignments;
10) Provide adequate notice before terminating the volunteer relationship; 11) Return all City property in a timely fashion;
12) Share ideas and suggestions with City staff as part of the planning and/or program evaluation process.

B. Accidents Involving Vehicles
Volunteers are not authorized to operate City vehicles. In the event of an accident involving a volunteer’s own vehicle, immediately contact the Montebello Police Department. The volunteer should also notify the supervisor, who will be able to assist with further documentation requirements, including filing an accident report with the Human Resources/Risk Manager.

VOLUNTEER POLICY
12/3/2020-ADOPTED & FINAL
City Of Montebello 10

C. Alcohol
Volunteers may not consume or possess alcoholic beverages on any City premises or while conducting any City business. Volunteers who violate this policy are subject to immediate dismissal.

D. Absences and Tardiness
Unexcused absences and tardiness may lead to dismissal. The supervisor should be notified about any absence in a timely manner. Arriving on time is expected of volunteers just as it is for City employees.

E. Attendance and Punctuality
Volunteers are expected to always be prompt and on time in reporting for their assignment. Being late is discourteous to others. When unforeseen circumstances arise, it is up to the volunteer to notify their supervisor about being late or to give advance notice of the need to be excused. Failure to appear or to notify a supervisor about missing a shift may result in suspension or dismissal from the volunteer program.

F. Communications Equipment
1) Telephone
a. Volunteers may use City telephones for authorized business, but are prohibited from calling from City phones for personal use.
2) Radios
a. Two way radios may be provided by the City for event management. Such equipment is for authorized City uses only and is to be returned to the City promptly, or as directed;
b. Lost, stolen or damaged communications equipment is to be reported to the supervisor immediately.

G. Confidentiality
Private, sensitive or confidential information discussed or handled within the course of a volunteer assignment must be kept strictly confidential. Volunteers are required to uphold this policy. Private, sensitive or confidential information is not to be shared. Any questions about what information is appropriate to release or discuss should be communicated between the volunteer and their immediate supervisor.

H. Customer Relations
A volunteer is also a City ambassador, and should conduct City business with staff and the public in a customer‐friendly manner.

VOLUNTEER POLICY
12/3/2020-ADOPTED & FINAL
City Of Montebello 11

I. Dress Policy
Volunteers are expected to dress and groom in accordance with accepted business standards as defined in the City’s dress code, particularly if their job involves dealing with the public. Volunteer attire must be clean and non‐offensive and not interfere with personal safety in the work environment.

Closed-toe shoes are always required. Dress appropriately for the scope of work (i.e. indoor vs. outdoor, etc.)
J. Driving Record and Insurance
1) Volunteers whose service requires operation of a motor vehicle must maintain a valid driver’s license and proof of insurance. Any change in either must be reported to the supervisor immediately; 2) Automobile insurance follows the automobile. If driving one’s own vehicle, even while on City business, the volunteer’s insurance will be applicable on a primary basis per the California Vehicle Code, CVC 17152.

K. Drug Free Workplace
Any volunteer who uses, brings, possesses or is suspected of being under the influence of any form of narcotic, drug, or hallucinogen, except prescribed drugs and under the direction of a physician, is subject to immediate dismissal. In addition, any volunteer who transfers, sells or attempts to sell drugs on City property or while on City business, at any time, is subject to immediate dismissal.

L. Expense Reimbursement
Pre‐approved out ‐of‐pocket expenses may be reimbursed by submitting a request for reimbursement form to the supervisor for approval. The reimbursement request must be accompanied by a receipt for purchase or invoice. Reimbursement requests are subject to petty cash limits, which may require the supervisor to process a check request according to the City’s purchasing procedures.

M. Harassment
All City workers have a right to work in an environment free from all forms of discrimination and conduct which can be considered harassing, coercive or disruptive. Consistent with the City’s respect for the rights and dignity of each employee and volunteer, harassment based on race, color, religion, sex, national origin, age, disability, sexual orientation or any characteristic protected by law, will not be sanctioned or tolerated.

VOLUNTEER POLICY
12/3/2020-ADOPTED & FINAL
City Of Montebello 12

N. Personal Use of City Property
Personal use of City property by City volunteers is not allowed and may result in dismissal.

Personal use includes, but is not limited to, borrowing power tools, hand tools, equipment, supplies, City vehicles, trailers, generators and unauthorized duplication of City keys.

O. Record‐Keeping and Reporting
Accurate records of time and attendance must be kept for all volunteers. A sign in log, timesheet, or other electronic form may be used for tracking volunteer participation for statistical or other reporting needs.

P. Reporting Emergencies
In the case of a medical emergency, accident, or injury, report it immediately. The Supervisor is responsible for completing any related forms and reports required by the Human Resources/Risk Manager.

Q. Safety
Safety is everyone’s job. Volunteers are to be trained to be alert at all times to safety precautions and hazards. Unsafe conditions should be reported to a supervisor at once.

R. Security
1) Volunteers are to become familiar with the security provisions of their assigned work areas. As necessary, volunteers will be provided with security permissions related to their work areas, to facilitate ease of entry and access;
2) Volunteers are responsible for the security of their personal belongings and vehicles while working for the City.

S. Smoking
Smoking is prohibited in all City facilities, including City vehicles. Volunteers and employees who wish to smoke may do so outside a City facility in designated smoking areas.

T. Software, Internet, E‐mail Policy
1) The City requires computer‐using volunteers to read and sign a copy of the Information Systems Policies and Guidelines, and to adhere to this policy; 2) Volunteers acknowledge that all computers, software and computer information or data is City property; therefore, those who use City computers cannot assume any right to privacy in such use;
3) Volunteers are prohibited from unauthorized copying of software from City Computers, or downloading or installing software of any kind onto City computers;

VOLUNTEER POLICY
12/3/2020-ADOPTED & FINAL
City Of Montebello 13

4) Volunteers must adhere to the City’s policy governing appropriate use of the Internet; 5) Volunteers acknowledge that use of City e‐mail is a public record and that there should be no expectation of privacy in such use.

U. Theft/Property Loss
Theft of any kind will not be tolerated and is grounds for dismissal. Removal of City property for personal use is considered to be unauthorized use or the taking of City property. The crime of theft is subject to prosecution.

V. Use of Tools by Volunteers
1) In general, subject to approval of City staff, volunteers may use office equipment, recreational equipment and supplies, unpowered hand tools provided by staff and, with proper training and permission, some power equipment in the completion of the designated project or service;
2) The City will create a ‘List of approved hand tools and power equipment for volunteer use’ in coordination with the City’s Human Resources/Risk Management Department; 3) No volunteer under age 18 is permitted to use power equipment requiring additional training; 4) From time to time, it may be beneficial for volunteers to use their own tools and equipment to complete a project. Volunteers assume full responsibility for use of their tools or equipment, specifically the potential wear and tear. The volunteer must sign a release form ensuring the City is not liable for damage, replacement or maintenance of privately‐owned tools and equipment. Only those tools that are identified on the ‘List of approved hand tools and power equipment for volunteer use’ will be permitted.

W. Dismissal
Volunteers who do not adhere to the rules, policies and regulations of the City, or fail to perform their assignments satisfactorily, are subject to dismissal. A volunteer may be dismissed at any time.

The City reserves the right to request that a volunteer leave immediately if circumstances warrant such action.

X. Ending Volunteer Service
Giving notice at least two weeks before the anticipated separation date is a courtesy that allows the City sufficient time to make other volunteer arrangements for coverage.

VOLUNTEER POLICY
12/3/2020-ADOPTED & FINAL
City Of Montebello 14

5. RESPONSIBILITY FOR VOLUNTEER PROGRAM REVIEW
Reviewing the Volunteer policy and associated administrative procedures is the responsibility of the Human Resources Manager. The program is to be evaluated annually, or as often as is required.

RESOLUTION NO. 1178

RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF MONTEBELLO RELATIVE TO WORKMEN' S

COMPENSATION INSURANCE FOR VOLUNTEER
CIVILIAN DEFENSE WORKERS.

The City Council of the City of Montebello does
hereby resolve as follows:

THAT WHEREAS, Section 1596 of the Military and
Veterans Code, Chapter 920, Statutes of 1943, provides:

The California State War Council shall
establish by rule and regulation various classes
of civilian defense workers and the scope of the
duties of each class. The California State War
Council shall also adopt rules acid regulations
prescribing the manner in which civilian defense
workers of each class are to be registered. All
such rules and regulations shall be, designed to
facilitate the paying of workmen' s compensation.",
and
WHEREAS, the California State ' War Council on
October 7, 19437 adopted rules and regulations establishing classes of civilian defense workers, the scope of the duties of each class and the manner of registration of such workers, and
WHEREAS, Section 1597 of the Military and Veterans
Code, Chapter 920, Statutes of 1943, provides:

Any civilian defense organization which both
agrees to follow the rules and regulations established
by the California State War Council pursuant to the
provisions of Section 1596 of this code and sub-
stantially complies with such rules and regulations
shall be certified by the California State War Council.

Upon making the certification, and not before, the
civilian defense organization becomes an accredited
civilian defense organization.", and
WHEREAS, the City of Montebello has registered and
will hereafter register civilian defense workers for participation

ATTACHMENT C

2..
in either civilian protective services or civilian war
services, and
WHEREAS, the City of Montebello desires to become
an " accredited civilian defense organization" in order that injured civilian defense workers registered with it may benefit by the provisions of Chapter 920, Statutes
1943,
NOW, THEREFORE, the City Council of the City of
Montebello hereby agrees to follow the rules and regulations established by the California State War Council under date of October 7, 1943, pursuant to the provisions of Section 1596 of the Military and•Veterans Code, Chapter 920, Stat- utes of 1943. The City Clerk is hereby instructed to send two certified copies hereof to the California State war Council.

The City Clerk shall certify to the adoption of
this Resolution and thenceforth and thereafter the same shall be in full force and effect.
1943.

Adopted and approved this day of ` YI hvt., , ,, A,
Mayor of the City bf Montebello.

ATTESTX') CL,I 1j : l
City Clerk "

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF MONTEBELLO )
I, Elsie D. Smith, City Clerk of the City of
Montebello, do hereby certify that the foregoing Resolution was duly passed and adopted by the City Council of the City of Montebello and signed by its Mayor at tine regular meeting thereof held on the' day of r hcn., by the follow-
ing vote, to - wit:

AYES: COUNCILMEN t2J jn e,viA m t- fv oen, Vil[ L a 011 NOES: COUNCILMEN
ABSENT : C

REC' OLDTION 1,710.' q
A RESOLUTION OF THE CITY COi7NCIL

OF TIM CITY OF TMONTEBELLO
RELF TIVE TO WORKPIEN' S COa(PENSAL ION INSUR. u,ICE
FOR REGISTERED VOLUNTEER " DISLSTER. SLRVICL WORKERS"
The City Council or the City of Montebello does
hereby resolve as follows:
ti'HERL9S, Section 1599. 1 of the Military and Veterans Code, Chr)pter 104, Statutes 1946, 1st Extraordinary Session, provides:

The California State Disaster Council shall es-
tablish by rule and regulption various classes of
disaster service workers and the scope of the
duties of each class. The California State Dis-
aster Council shall also adopt rules and regu-
lations prescribing the manner in which disaster
service workers of each class are to be registered.

All such rules and regulations shall be designed
to facilitate the paying of workmen' s compensa-
tion", and
iAiERLkS, the California State Disaster Council on
April 4, 1946, adopted rules and regulations establishing class- es of disaster service workers, the scope of duties of each class and the manner of registration of such volunteer workers:
and
WHEREAS, Section 1599. 2 of the Military and Veterans
Code, Chapter 104, Statutes 1946, 1st Extraordinary Session, provides:

Any disaster council which both agrees to follow
the rules and regulations established by the
California State Disaster Council pursuant to the
provisions of Section , 599. 1 of this code and sub-
stantially complies with such rules and regula-
tions shall be certified by the California State
Disaster Council. Upon making such certification,
and not before, the disaster council becomes an
accredited disaster council", and
IIEEREAS, the City of Montebello has registered and
will hereafter register volunteer Disaster Service Workers, and
iNHEREAS, the City of Montebello desires to become an
accredited Disaster Council" organization

ATTACHMENT D

in order that injured Disaster Service ' Workers reistered with it may benefit by the provisions of Chapter 104, Statutes 1946, 15t Extraordinary Session,
NOZN, THERLFORE, the City Council of the City of
Montebello hereby agree to follow the rules and regulations established by the California State Disaster Council under date of April 4, 1946, pursuant. to the provisions of Section 1599. 1 of the Military and Veterrns Code, Chapter 104, Statutes 1946, 1st Extraordinary Cession.

The City Clerk is hereby instructed to send two certi-
fied copies hereof to the California State Disaster Council.

Er FELT IVE1946, Mayor
ATTEST:
5`/°
City
Clerk Name
of PersonnelOfficer in
chargeof registrationSTATE

OF CALIFORNIA ) COUNTY

OF LOS ANGELES ) SS CITY

OF MONTEBELLO ) I,
SamuelW. Barnes, Jr.., City Clerk of the City of Mon- tebello, do herebycertify that the foregoingresolution was duly
adoptedby the City Councilof the City of Montebelloand
signedby the Mayorof saidcity at a regularmeeting thereof held on the 17th day of June, 19469 by the followingvote:

AYES:

Councilmen Allen, Andrews, Earl, Heacock and Chapin.

NOES:

Councilmen: None. ABSENT:

Councilmen: None. City
Clerk.

ITEM # 8

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO:

FROM:

Honorable Mayor and City Council Members
Raul Alvarez, City Manager
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 24-06 FOR AN

IMMEDIATE CEASEFIRE IN GAZA
DATE: January 24, 2024
RECOMMENDATION(S):

It is recommended that the City Council:

1. Consider the adoption of Resolution No. 24-06 for an immediate ceasefire in Gaza; and

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

FISCAL IMPACT:

There is no fiscal impact.

BACKGROUND/DISCUSSION:

At the January 10, 2024, City Council Meeting, Councilmember Torres introduced a proposal for a resolution for an immediate ceasefire in Gaza as part of this oral presentation, receiving consensus to bring this item to the next meeting.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A

CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024

SUMMARY:

It is recommended that the City Council consider the adoption of Resolution No. 24-06 and take such additional, related action that may be desirable.

ATTACHMENT(S)

1. Attachment A - Resolution No. 24-06 - Ceasefire Gaza NEXT STEPS:

N/A

ATTACHMENT A
RESOLUTION NO. 24-06

A RESOLUTION OF THE CITY COUNCIL OF MONTEBELLO,

CALIFORNIA AFFIRMING SUPPORT FOR THE CONGRESSIONAL AND

WORLDWIDE CALLS FOR AN IMMEDIATE CEASEFIRE IN GAZA

RECITALS
WHEREAS, the City of Montebello believes that all people regardless of race, color, national origin, sex, and religion should be able to live in dignity, freedom, and equality without fear of destruction; and
WHEREAS, the City of Montebello condemns the recent rise of Antisemitic, Islamophobic, racist, homophobic, and xenophobic attacks in our State and Region and across the nation; and
WHEREAS, the current assault on Gaza, in response to Hamas’s attack on October 7, 2023 that killed 1,200 people and seized 253 people, has resulted in over 24,000 Palestinians killed by the State of Israel; and
WHEREAS, the City of Montebello recognizes that the current crisis takes place within a long history and affirms the root causes of the crisis needs to be addressed for a pathway to lasting peace and justice to be developed; and WHEREAS, the Federal Government holds immense diplomatic power to save Israeli and Palestinian lives:

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

SECTION 1. The City of Montebello will identify and support local programs that combat Antisemitism, Islamophobia, racism, homophobic and xenophobic attacks; and SECTION 2. The City of Montebello supports U.S. Congress Resolution H.R. 786 and joins other cities in calling on our congress members to demand: a permanent ceasefire; the release of all hostages and prisoners; the unrestricted entry of humanitarian assistance into Gaza; the restoration of food, water, electricity, and medical supplies to Gaza; the respect for international law; and
SECTION 3. That a copy of this Resolution be sent to the offices of Assemblymember Miguel Santiago, Senator Bob Archuleta, Governor Gavin Newson, U.S. Representative Linda Sanchez, U.S. Senator Laphonza Butler, U.S. Senator Alex Padilla, Secretary of State Antony Blinken, Secretary of Defense Lloyd Austin, and U.S.

President Joe Biden urging them to take immediate action to use their position and influence to end violence.

RESOLUTION NO. 24-06

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

APPROVED AND ADOPTED THIS 24TH DAY OF JANUARY 2024.
_______________________________
Scarlet Peralta, 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. 2024-XX 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 24th day of January 2024 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

DATE:

Christopher Jimenez, City Clerk

ITEM # 9

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: David Sosnowski, Director of Recreation and Community Services

SUBJECT: WAIVE THE SECOND READING AND ADOPTION OF ORDINANCE NO. 2471 AMENDING MUNICIPAL CODE CHAPTER 12.24 "CONDUCT IN
PUBLIC PARKS"

DATE: January 24, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Waive the Second Reading and Adopt Ordinance No. 2471 (Attachment "A") to amend Municipal Code Chapter 12.24; and

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

FISCAL IMPACT:

Adoption of the Ordinance will require Recreation and Community Services Department staff to replace current park signage to reflect the new Municipal Code updates. Staff estimates replacement costs to be Six Thousand Dollars ($6,000). There is sufficient funding in the Parks and Recreation Department budget to cover these additional expenses in Fiscal Year 2023-24.

BACKGROUND/DISCUSSION:

If adopted as presented, the attached Ordinance (Attachment “A”) would add sections to the Montebello Municipal Code that would define and regulate smoking, scavenging, solicitation, trespassing, vandalism, reservations, and the use of drugs and alcohol in the City of Montebello’s public parks. The City’s Recreation and Community Services Department, Montebello Police Department and Code Enforcement Division have worked together to identify issues that staff from these respective Departments experience on a regular basis while patrolling the City’s public parks.

CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024

Montebello Municipal Code Chapter 12.24 “Conduct in Public Parks” was last updated in 1993. The Chapter provides rules and regulations for several subject matters, however, the current code does not fully encompass the issues faced and current conditions of the City’s park system. A review of municipal codes in eight (8) neighboring cities (City of Monterey Park, City of Pico Rivera, City of Downey, City of Whittier, City of Commerce, City of Bell Gardens, City of South El Monte, and City of Santa Fe Springs) was conducted by staff and the proposed amendments are consistent with ordinances found in those cities. The proposed ordinance will allow for Recreation and Community Services Department staff, Code Enforcement and Montebello Police Department staff to better monitor the parks and enforce regulations.

ENVIRONMENTAL:

N/A

ANALYSIS:

The proposed changes amend and add to Chapter 12.24 “Conduct in Public Parks” of the Montebello Municipal Code. Amendments are proposed to the existing sections that discuss rubbish, alcoholic beverages, solicitation, vehicles, model airplane flying restrictions, and the power of park employees. The rubbish section will be updated to not allow for the scavenging of rubbish in park trashcans, event trashcans and any trash dumpsters located within the park system. The alcoholic beverages section will be updated to include the prohibition of drugs in any public parks. The vehicles section will be updated to prohibit vehicles from driving on any walkways, trails, or turf at public parks.

The solicitation section will be updated to include the prohibition of solicitation of food and to be compliant, and consistent with, Chapter 5.40 of the Montebello Municipal Code regarding sidewalk vending regulations. The model airplane flying restrictions section was updated to include restrictions on drones and any other unmanned aircraft. Lastly, the power of park employees section was updated to include how violations of the Montebello Municipal Code may be addressed by Recreation and Community Services employees by including a new designated section (12.24.290, “Powers of Park Employees”).

Proposed additions to the Montebello Municipal Code Chapter 12.24 “Conduct in Public Parks,” also include sections that discuss changing/washing in public parks, trespassing, smoking, and park reservations. The changing/washing in public parks section prohibits dressing or undressing in park restrooms or in any area of the park. The trespassing section prohibits trespassing onto restricted areas of the park. The smoking section prohibits smoking of any kind at parks and city-sponsored events unless a specific area is designated for smoking. Lastly, the park reservations section states that park reservations are available to the community, can be made at the Recreation and Community Services Department, and must follow the rules and regulations established for the administration of reservations.

On January 10, 2024, the City Council introduced and approved the first reading of Ordinance No. 2471.

CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024

SUMMARY:

Staff recommends that the City Council waive the second reading and adopt Ordinance No. 2471 (Attachment A) to amend Municipal Code Chapter 12.24 and take such additional, related action that may be desirable.

ATTACHMENT(S)

1. Attachment A - Draft Ordinance No. 2471

2. Attachment B - Draft Facility Code of Conduct

3. Attachment C - Draft Park Rules Sign

NEXT STEPS:

N/A

ATTACHMENT A
ORDINANCE NO. 2471

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA, AMENDING CHAPTER 12.24 OF THE MONTEBELLO MUNICPAL

CODE TO UPDATE PARK RULES AND REGULATIONS
WHEREAS, the City of Montebello is a general law city under California Government Code Section 34102; and
WHEREAS, Article XI, Section 7 of the California Constitution provides that the City of Montebello (“City”) may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, the Recreation and Community Services Department is responsible for the overall administration, operation, and maintenance of the City’s public parks; and WHEREAS, the City of Montebello is committed to taking a holistic approach to addressing the causes of, as well as deterring, certain public conduct at public parks; and WHEREAS, the City Council desires to amend the Montebello Municipal Code to preserve and protect the public peace, health safety and welfare.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The City Council for the City of Montebello finds and declares the foregoing are true and correct, and incorporates said recitals fully into this Ordinance as substantive findings.

SECTION 2. Chapter 12.24 “Conduct in Public Parks” is hereby amended to read as follows (deletions in Strikethrough and additions in Double Underline):

Chapter 12.24 CONDUCT IN PUBLIC PARKS
Sections:

12.24.010 Regulations for conduct in public parks.

The following rules and regulations shall control the conduct of all persons in or upon public parks located within the city. City employees, in the course and within the scope of performing their duties, are exempt from these rules and regulations.

12.24.020 Definitions
For the purpose of carrying out the intent of this chapter, words, phrases, and terms used herein shall have their ordinary meaning, unless otherwise indicated as follows:

ORDINANCE NO. 2471

"Department" means the City of Montebello (city) department of recreation & community services.
"Director" means the director of parks and recreation, or his or her designee. "Public park" means any public facility or structure, areas, buildings, and facilities that are owned, leased, or otherwise controlled by the department, including, but not limited to, parks, athletic fields, tennis courts, golf courses, swimming pools, recreation centers, playgrounds, pavilions, medians, park parking lots and recreational trails.

12.24.0230 Disposal of Rubbish.

No person shall throw, place or dispose of any garbage, refuse, bottles, glass, crockery or cans, rubbish, construction rubbish, garbage, hazardous waste, infectious waste, recyclable materials, or green waste in any place in any public park other than in a receptacle maintained therein for that purpose.

No person shall scavenge or permit to scavenge any refuse, rubbish, construction rubbish, garbage, hazardous waste, infectious waste, recyclable materials or green waste in any place in any public park.

12.24.0340 Dangerous weapons.

A. No person shall have in his or her possession, or under his or her control, care or custody, any gun, revolver, pistol, firearm, simulated firearm, airgun, air rifle, pellet gun, B-B gun, slingshot or any device designed or intended to discharge or capable of discharging any dangerous missile. Nor shall any person have in his or her possession, or under his or her control, care or custody, any cartridge, shell, ammunition or device containing any explosive substance designed or intended to be used in or fired from any gun, revolver, pistol or firearm.

B. No person shall fire, discharge, shoot or operate, or assist or participate in the firing, discharging, shooting or operating of any gun, revolver, pistol, firearm, simulated firearm, airgun, air rifle, pellet gun, B-B gun, slingshot or any device designed or intended to discharge or capable of discharging any dangerous missile or object.

C. No person shall have in his or her possession, or under his or her control, care or custody, any switchblade, dirk, icepick, dagger, bow and arrow or any similar instrument or object that can be used to stab or injure others.

12.24.0450 Firecrackers—Fireworks.

No person shall fire or discharge in any public park, any fireworks as the phrase is defined in Section 8.20.010, except when a permit therefor has been issued by the city council.

12.24.0560 Flora.

No person shall remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof, growing in any public park.

ORDINANCE NO. 2471

12.24.0670 Turf.

No person shall remove, or deface or destroy, any wood, turf, grass, soil, rock, sand or gravel from any public park.

12.24.0780 Park structures.

No person shall:

A. Damage, deface, disturb or disfigure any building, monument, cage, pen, sign, fence, bench, or any other structure, apparatus or equipment, or property of the city, or any portion thereof located in any public park; B. Mark, write or print on any public park structure or any portion thereof; C. Attach to or remove from any public park facility or structure any sign, card, display, or other similar device, except as may be required or permitted by law.

12.24.0890 Animals.

No person shall bring into any public park any cattle, horse, mule, goat, sheep, swine, dog, cat or any other kind of animal, except that dogs or cats may be permitted in the park if kept on a leash not to exceed six feet under the full control of its owner or person in possession. Service animals are exempt, as defined by the American with Disabilities Act. The owner must be in physical proximity and have full control of the service animal at all times. No person shall wound, kill, catch or attempt to wound, kill or catch, any bird, fowl, fish or other animal located in a public park.

12.24.1090 Solicitation.

No person shall sell or offer for sale any food, goods, wares, services or merchandizse, or distribute or pass out any commercial handbill, in any public park, without first obtaining a permit and identity card pursuant to Chapter 5.04 and/or Chapter

5.40 of the Montebello Municipal Code.

12.24.1010 Alcoholic beverages and Drugs.

No person shall enter, be or remain in any public park while in possession of, transporting, purchasing, selling, giving away, or consuming any alcoholic beverages without first obtaining the advance written approval of the director of parks and recreation.

The sale, serving and/or consumption of alcoholic beverages will only be permitted at city facilities authorized by resolution of the city council and in accordance with approved city policies and procedures. No person shall remain in any public park, or enter the same, while in an intoxicated condition.

No person shall enter, be or remain in any public park while in possession of, transporting, purchasing, selling, giving away, or consuming any drugs and other controlled substances.

ORDINANCE NO. 2471

12.24.1120 Overnight camping.

No person shall camp in any public park without first obtaining the permission of the director of parks and recreation.

12.24.1230 Fires.

No person shall light, or cause to be lit, any fire, except in such locations as may be designated by the director of parks and recreation Department Director.

12.24.1340 Swimming.

No person shall swim, wade, bathe in or pollute waters of any fountain, pond, tlake or stream located in any public park.

12.24.1450 Vehicles.

No person shall propel or cause to be propelled any vehicle of any type, cycle or automobile, on any footpath, walkway, trail, or turf in any public park, unless the area is designated for such type of use.

12.24.1560 Park hours.

No person shall enter, loiter or remain in any public park at any time between the hours of ten p.m. and six a.m. of the following day, except when the park facilities are rented to the public and approved by the director of parks and recreation Department Director.

12.24.1670 Picnics.

No person shall hold, conduct or participate in any picnic except in park areas designated for picnics.

12.24.1780 Golf.

No person shall utilize any portion of a public park, excepting the municipal golf course, and ancillary driving range facilities, for the playing or practice of golf.

12.24.1890 Model airplane Unmanned Aircraft flying restrictions.

No person shall operate any drone, model airplane or toy airplane or miniature airplane, or similar unmanned aircraft, which is self-propelled and operated or controlled from the ground by means of remote control without the possibility of direct human intervention from within or on the aircraft one or more wires, cords, strings, or other device attached to the airplane, at any public park, except at a place approved or designated for such purpose by the director of parks and recreation Department Director.

ORDINANCE NO. 2471

12.24.19200 Gambling.

No person shall play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice, or other device, for money, chips, shells, credit or any other representative of value, or to maintain or exhibit any gambling table or other instrument of gambling or gaming in any public park.

12.24.2010 Pressurized cans and other containers.

No person shall have in his or her possession in any public park any pressurized can, container, or other receptacle containing a substance commonly known as paint or any substance capable of defacing, damaging or disfiguring park property.

12.24.2120 Glue, adhesive cement and other substances.

No person shall have in his or her possession in any public park any container or receptacle containing glue, adhesive cement, dope, mucilage or any chemical substance capable of producing intoxication, hallucinations or that distorts or disturbs the eyesight, thinking process, balance or coordination of a person, with the intent of becoming intoxicated. For purposes of this section, any condition so induced shall be deemed as an "intoxicated condition."

12.24.2230 Unlawful assembly.

No persons shall assemble together in any public park for the purpose of doing any act of violence or inviting or advising other to do any act of violence or to commit any unlawful act.

12.24.2340 Threatening and inflammatory language.

A. No person shall utter in the presence of hearing of any other person or persons, in or upon any public park, any indecent, obscene, profane, or insulting epithets, words or language for the purpose of threatening or intimidating such other person or persons.

B. No person shall utter in the presence of hearing of any other person or persons, in or upon any public park, any words or language inherently likely to provoke an immediate, violent response from the recipient

12.24.240 Powers of park employees.

The parks and recreation manager, director of parks and recreation, and all public employees in the parks and recreation department are given the power and authority to enforce any violation of this chapter, including the authority to issue citations therefor.

12.24.250 Changing/Washing in Public Parks
No person shall either dress or undress in the washroom or toilets or any area of any public park.

ORDINANCE NO. 2471

12.24.260 Trespassing
No person shall trespass or enter upon any portion of any public park restricted against public use, or attempt to climb over any fence or barricade separating such restricted portion of the public park from the part thereof to which the public is admitted.

12.24.270 Smoking Prohibited
Smoking is prohibited inside any public park, recreational area, city-sponsored event, or in an outdoor area within 40 feet from a public park, recreational area, or city-sponsored event unless the area is designated by the city as a smoking area.

Smoking means engaging in an act generating smoke, and includes, but is not limited to, tobacco smoke, electronic cigarette vapors, marijuana smoke, or any other weed, herb, flower or plant.

12.24.280 Public Park Reservations
Public park reservations shall be available year-round to accommodate Montebello residents and user groups for informal or neighborhood gatherings.

Reservations shall be submitted to the Recreation and Community Services Department and are subject to facility usage policies established by the Department Director.

Park reservations and/or permits are required for the following:
•Use of athletic fields by organized teams for activities such as practices, games and tournaments.
•Use of city facilities outside of normal business operating hours. •Picnic shelter reservations to guarantee exclusive use for the day of reservation.
•A Temporary Use Permit is required for special events and outdoor activities pursuant to Chapter 12.16.010.
•Some uses of park space will require further review and special permits pursuant to Chapter 12.17.040.

Facility usage policies, rules and regulations including a Park Facilities Rules of Conduct shall be established by the Director for the administration of this policy and made available to the public on the city website and at the Recreation and Community Services office. Said rules and regulations may be amended periodically to address public safety concerns. All pertinent city ordinances shall be enforced.

All fees and charges may be changed by resolution of the city council.

ORDINANCE NO. 2471

12.24.290 Powers of City Employees.

Employees of the Montebello Police Department, Code Enforcement Division, and the parks and recreation manager, director of parks and recreation, and all public employees in the parks and recreation department are given the power and authority to enforce any violation of this chapter, including the authority to issue citations therefor.

Violations of this chapter regulating public conduct in parks may be addressed in the following manner:
•Verbal warning.
•Immediate eviction from the public park. Immediate eviction shall mean removal from the public park, and banishment from any other public park, for the remaining hours of operation for the day of eviction. •Suspension of public park privileges. Suspension of public park privileges shall mean denial of access to all public parks for one or more days. The effective date and length of suspension shall be determined by the Director, depending on the scope and severity of the violation, and notice of such suspension shall be made in writing.
•Criminal sanctions or any other remedy available under local, state, or federal laws.

Any person who was been suspended from a public park for one or more days may appeal the suspension by submitting a written request for appeal prior to the start of the suspension to the Director. The written request for appeal should include the reasons for requesting an appeal and contact information. All appeals shall be heard by the Director, or designee, within 30 business days of the receipt of this request.

The suspension will be tolled during the appeal process. The decision of the Director shall be final.

Section 3: Severability. The City Council declares that, should any provision, section; paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect.

Section 4: This Ordinance shall take effect thirty (30) days after its adoption.

Section 5: The City Clerk of the City Montebello shall certify to the passage of the Ordinance and shall cause the same to be posted in the manner required by law. [Signatures on the following page]

ORDINANCE NO. 2471

APPROVED AND ADOPTED 24TH DAY OF JANUARY 2024.

_______________________________
Scarlet Peralta, Mayor

ATTEST:APPROVED AS TO FORM:

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

I HEREBY CERTIFY that the foregoing Ordinance was introduced at the regular meeting of the City Council on the 10th day of January 2024 and was adopted by the City Council of the City of Montebello at its meeting held on the 24 th day of January 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________
Christopher Jimenez, City Clerk

ATTACHMENT B

CITY OF MONTEBELLO

PARK AND FACILITY CODE OF CONDUCT
In order to maintain a peaceful atmosphere, facilitate usage, preserve easy access to equipment and materials, and protect Park and Facility property, we require you to observe the following Code of Conduct.

Please keep in mind the following:
•Demonstrate common courtesy to fellow participants, community members, and staff.
•Maintain an environment where conflict and differences can be addressed in a respectful manner.
•Help keep Parks and Facilities clean by consuming food and drink in designated areas and throw away trash in the appropriate receptacle. •Please consult with front office staff regarding use of Parks and Facilities, including room reservations, picnic reservations, set-up, and use of equipment. •Proper attire, including shoes and shirts, must be worn at all times.

The following are prohibited at Parks and Facilities:

1. Engaging in any activity prohibited by law;

2. Acts of discrimination and/or harassment based on any of the following protected characteristics: age, sex, race, color, national origin, ancestry, gender, gender identification, sexual orientation, genetic information, marital status, religion, citizenship status, medical condition, military and veteran status, or any disability protected by State or Federal law;

3. Disturbing, disruptive, or unsafe behavior, including any conduct that interferes with the use of Parks and Facilities by others or with the functioning of staff.

Persons who continue to create a disturbance will be required to leave the Park and/or Facility. Examples include, but are not limited to:
oDisruptive outbursts, use of loud, abusive or threatening language, threatening or harassing behavior;
oNo smoking at all Parks and Facilities. Smoking is permitted only in designated areas. (MMC Section 12.24.270);
oThe use of electronic devices without headphones or unauthorized use of amplified sound, such as, radios, music players, video games and computers, that results in discomfort or annoyance to a reasonable person of normal sensitivity;
oDisruptive cellular phone conversations;
oUnauthorized borrowing and/or tampering with another person’s property/belongings.

4. Conducting personal commercial activities without a City-issued permit, including but not limited to the unauthorized sale or display for sale of goods, tickets or services (MMC 12.24.100);

5. Conducting unauthorized events, demonstrations, or campaigning unless expressly allowed by law (MMC 12.16);

6. Charging personal electronic devices and/or batteries through the use of Park and Facility resources;

7. Damaging Park or Facility property. Persons caught breaking, defacing, or destroying property will be required to leave the Facility and may be criminally prosecuted (MMC 12.24.080);

8. Animals are not allowed in Facilities, with the exception of service animals, as defined by the Americans with Disabilities Act. The owner must be in physical proximity and have full control of the service animal at all times (MMC

12.24.090);

9. Persons exhibiting illness, poor personal hygiene, and/or related conditions that may compromise the health of others may be asked to leave a Park or Facility until the condition is remedied;

10.Dangerous and/or hazardous materials (MMC 12.24.220);

11.Firearms and/or weapons (MMC 12.24.040);

12.Alcoholic beverages and illegal substances (MMC 12.24.110);

13.Photographing, videotaping, or recording of any kind without a permit issued by the City;

14.Engaging in or attempting to engage in any business, activity or act for financial compensation without a permit issued by the City. (MMC 12.24.100).

CONSEQUENCES
Any violation of these Park and Facility Rules or the commission of other illegal conduct in a Park or Facility may be addressed in the following manner (MMC 12.24.290):
•Verbal Warning. (e.g. notification of violation and reference to Rules of Conduct); •Immediate eviction from the Park or Facility. Immediate eviction shall mean removal from the Park or Facility, and banishment from any other Parks and Recreation Facility, for the remaining hours of operation for the day of eviction; •Suspension of Park and Facility privileges. Suspension of Park and Facility Privileges shall mean denial of access to the Park and/or Facility and all Park and Facility services for one or more days. The effective date and length of suspension shall be determined by the Director of Recreation and Community Services, depending upon the scope and severity of the violation, and notice of such suspension shall be made in writing;
•Criminal Sanctions or any other remedy available under local, state, or federal laws.

The above remedies may be cumulatively applied.
•Appeal of Suspension. Anyone who has been suspended from the Park or Facility for one or more days may appeal the suspension by submitting a written request for appeal prior to the start of the suspension to the Director of Recreation and Community Services.

•The written request for appeal should include the reasons for requesting an appeal and contact information. All appeals shall be heard by the Recreation and Community Services Director, or her designee, within 30 business days of the receipt of the request. The suspension will be tolled during the appeal process.

The decision of the Recreation and Community Services Director shall be final.

The Recreation and Community Services Department reserves the right to modify these rules at any time.

ATTACHMENT C

CITY OF MONTEBELLO

DEPARTMENT OF PARKS & RECREATION

FACILITY USE POLICIES
(PARK RULES)

1. Alcoholic beverages are not permitted.

The possession or consumption of any alcoholic beverage in a City park is prohibited. No person shall remain in any public park while an intoxicated condition. (MMC 12.24.110)

2. No Littering/Scavenging.

Trash must be placed in proper receptacles and scavenging of trash is prohibited. (MMC 12.24.030)

3. No Smoking.

Smoking is prohibited inside any public park. (MMC 12.24.270)

4. Loud Noise (music, sound equipment, etc.) is prohibited.

Any loud or raucous noise is not allowed in City Parks. (MMC 9.08.020)

5. Dogs & Cats must be kept on a leash. All other animals are prohibited, except for service animals. (MMC 12.24.090)

6. Vending and solicitation without a City of Montebello permit are prohibited. (MMC 12.24.100, 5.04, 5.40)

7. Park are closed from 10:00 p.m. to 6:00 a.m. ( MMC 12.24.160)

8.Propane, gas or other flammables are only permitted in designated outdoor City facilities. (Recreation & Community Services Department Facility Use Policy)

9.Moonbouncers, petting zoo or other mechanical equipment are not allowed on premises without proper authorization. (Recreation & Community Services Department Facility Use Policy)

10.Facility rental requests are to be made in person at the Parks and Recreation Office located at 1700 West Victoria Ave., Montebello, CA 90640. (Recreation & Community Services Department Facility Use Policy) For more information call (323) 887-4540

ITEM # 10

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: David Sosnowski, Director of Recreation and Community Services

SUBJECT: AUTHORIZATION TO RELEASE REQUEST FOR PROPOSALS (RFP 24-10) FOR MASTER PLAN AND DESIGN OF PARK AT THE

MONTEBELLO MUNICIPAL GOLF COURSE

DATE: January 24, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Authorize staff to issue a Request for Proposals (RFP 24-10) for Master Plan and Design of a Park at the Montebello Municipal Golf Course; and

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

FISCAL IMPACT:

The Request for Proposals (RFP) aims to create a Master Plan for remnant property located at the Montebello Municipal Golf Course. The cost of the Master Plan will be charged to the Golf Division's Fiscal Year 2023-24 budget. Staff will return to City Council to award the agreement and make any necessary budget appropriations at the time of award.

BACKGROUND/DISCUSSION:

The Golf Course is undergoing a renovation/reimagination known as the Montebello Municipal Golf Course Renovation Project (GCR Project). The GCR Project includes renovating a portion of the existing Montebello Municipal Golf Course property located immediately south of the soon to open Topgolf Montebello. The GCR Project area is approximately 72.5 acres of the golf course campus. When completed, the GCR Project will replace the existing 18-hole golf course with a modern first-class regulation course complex that will complement the adjacent Topgolf facility and existing hotels and Quiet Cannon event center.

At the August 9, 2023 City Council Meeting, the City Council directed staff to research

CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024

the possibility of developing the remnant golf property that is not currently being developed as part of the GCR Project into a public park.

The City is seeking a consultant to complete a Master Plan for approximately 25 acres of the golf course campus, including the existing Bicknell Park and the area formerly used as a driving range. The future park is intended to be a recreational amenity, as well as a central gathering place for the entire community. The design of the Master Plan shall include amenities that enhance and develop the existing Bicknell Park, integrate with the future dog park being developed and help foster an active, well-used space creating a desirable family destination.

The RFP scope will include landscape and civil engineering design services and conduct an inclusive and equitable Master Plan process. The final Master Plan will incorporate public input and create 60% construction plans and cost estimates to be used toward the potential future funding of the construction and development of the park. Park development will include enhancements to the existing Bicknell Park, including the Armenian Genocide Martyrs Memorial Monument and the Scout Hut. The Master Plan process will include meetings with staff, community outreach, Parks and Recreation Commission/City Council presentations, and incorporation of the City's adopted Parks Master Plan and its findings in the park design.

Staff anticipates an RFP release date of January 29, 2024 and a closing date of March 25, 2024. Award of the agreement is anticipated for May 2024 and the project is expected to take approximately 6 months to complete from the awarded consultant kick-off meeting.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends the City Council authorize staff to issue a Request for Proposals (RFP 24-10) for Master Plan and Design of a Park at the Montebello Municipal Golf Course.

ATTACHMENT(S)

1. Attachment A - RFP 24 - 10 Draft

NEXT STEPS:

N/A

1 CITY OF MONTEBELLO
Request for Proposals

RFP No. 24-10

Master Plan and Design of Park at the Montebello
Municipal Golf Course

Release Date: January 29, 2024
Due Date March 25, 2024, at 11 a.m. PST

2 [Page Intentionally Left Blank]

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

Submissions must adhere to the format and content described. Only proposals that adhere to the req uirements will be evaluated. The information set forth is the minimum required to qualify for consideration. The successful Proposer will be required to enter into a Professional Services Ag reement based on the specifications outlined in this RFP.

DATE OF SOLICITATION
January 29, 2024

PROJECT
Master Plan and Park Design at the Montebello Municipal Golf Course

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

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

Any questions ab out this RFP shou ld be submitted via the City's PlanetBids Portal by Febaruary 28, 2024, at 11:00 a.m. PST. Prospective vendors must register their business with PlanetBids before being able to view or submit a response. To access the City's PlanetBids Portal, please go to:

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

4 Table of Contents Page

1.0 Notice Inviting Proposals 5

2.0 Introduction/About the City of Montebello 6

3.0 Timeline 7

4.0 Purpose 7

5.0 Scope of Work 7

6.0 Proposal Submittal 9

7.0 Evaluation of Proposal 10

8.0 Proposal Protests 10

9.0 Execution of Agreement 11

10.0 Insurance 12

11.0 Use of Federal Funds 14

12.0 Non-Commitment of City 15

13.0 Labor Requirements 15

14.0 Records 15

15.0 Subcontractors 15

16.0 Modifications/Changes 15

17.0 Disclosure of Information 16

18.0 City of Montebello Rights 16

Appendix A – Proposal Content and Format
Appendix B – Cost Proposal
Appendix C – References
Appendix D – Sample Professional Services Agreement
Appendix E – Project Map

5 1.0 Notice Inviting Proposals
The City of Montebello seeks proposals from qualified consultants to co nduct an Accessibility Assessment and Transition Plan of the Rec reation and Community Services Department’s facilities and sites, following the specifications, terms, and conditions identified in this RFP. Prospective respondents are advised to carefully r ead information related to this opportunity before submitting a response.

To view the complete RFP package, please visit:

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

Prospective bidders must register with PlanetBids before being able to view or submit a response.

Non-mandatory Site Walk on February 21, 2024 at 11:00 a.m. PST Questions must be submitted by February 28, 2024, at 11:00 a.m. PST.

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

Proposals must be submitted via PlanetBids by March 25, 2024, at 11:00 a.m. PST.

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

6 2.0 Introduction
The City of Montebello desires to create a Park Master Plan for rem nant property located at the Montebello Municipal Go lf Course. The total project area is approximately 25 acres and the area is the Garfield Ave. facing property.

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 busines s diversity of the County of Los Angeles. It i s a full -service city with a long list of services, employing approximate ly 4 80 full -time and part -time employees in public safety, transit, and non-safety functions.

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

The Department strives to provide rewarding programs, services, and facilities that enhance the quality of life for Montebello residents and positively influence the publ ic.

Staff are committed to strengthening Monte bello's image , offering a sense of community, supporting economic develop ment, increasing public engagement, and promoting health and wellness. The Recreation and Community Services Department is comprised of the following programs and operational areas:

About the Golf Course Campus
Montebello Golf Course (MGC or the Golf Course ) is lo cated in the Ci ty of Montebello, in the heart of L os Angeles, about 15 minutes from down town Los Angeles with easy access of f the California S tate Highway 60 freeway. The City purchase d the Golf Course in 1941 for use as a municipal golf course. William F. Bell redesigned five holes in 1962. In 1998 -99 the course was again remo deled by David Rainville and Gary Bye, adding 3 lakes, new greens, tees, bun kers and continuous concrete cart paths. A new irrigation system was added during the 1999 major renovation.

Currently, the Golf Course is in the process of a total renovation/rei magination of the course known as the Montebello Muni cipal Golf Course R enovation Project (GCR Project). The GCR Project includes the renovation of a p ortion of the existing Golf Course property located immediately south of the future Top Golf and northwest of the Quiet Cannon event center. Top Golf Montebello will be a 66,000 square foot Top Golf - branded commercial drivin g range and entertainment venue which is exp ected to include a full -service restaurant, event space, and other associated am enities. The GCR Project will include , among other things, a three -story dri ving range complex/structure with approximat ely 102 hitting bays, restaurant and entertainment amenities, ou tdoor seating /patio areas, a parking lot, a miniature golf cou rse, and

7 common facilities, including a public road that provide s access from Via San Clemente, on approximately 15 acres.

The GCR Project are a is approximately 72.5 acres of the golf course campus. When completed, the GCR Project will replace the existing 18-hole golf course with a new and modern first-class championship golf course complex that will complement the adjacent Top Golf facility and existing hotel s and Quiet Cannon event center. The GCR Project is expected to be completed in Spring of 2024 which coincide with the opening of the new Golf Course alongside Top Golf.

3.0 Timeline
• Release RFP January 29, 2024
• Non-mandatory Site Walk February 21, 2024, 11 a.m. PST • Online Q&A Deadline February 28, 2024,11 a.m. PST • Deadline to Submit Responses March 25, 2024, at 11 a.m. PST • City Review of Submissions April 2024
• Interviews with Consultants TBD (If Necessary)
• Notifications Sent to Vendors May 2024
• Award May 2024

4.0 Purpose
The proposed park is intended to be a recreational amenity , as well as a centra l gathering place for the entire community. The design of the Master Plan shall include amenities that enhance and develop the park; help foster an active, well -used space; and create a desirable family destination. Care shall be taken to encourage both formal and informal use by balancing the amount of programmed space with more flexible, un - programmed space and provide seating areas that are coordinated with shade, landscaping, lighting, and views to focal points. The M aster Plan’s landscape design shall balance water conservation and overall maintenance obligations with the need to create an appealing space that supports outdoor recreation. The Master Plan shall include architecture , colors and materials, fencing, lighting, signage, furniture, and a landscape palette for the park that wil l take into consideration amenities and current planning efforts in adjoining areas.

5.0 Scope of Work/Services
The City is seeking design team submittals that include landscape and civil engineering design services, to work under the direction of the R ecreation Director to conduct an inclusive and equitable M aster Plan process, finalize a Mas ter Plan that incorporates public input and create 60% construction plans and cost estimates to be used t owards future construction and development.

8 The preferred Consultant will have the responsibility of conducting the following duties and tasks:

• Create a new Prior itized Master Plan for the proposed park. In general, the Master Plan prepared for this project will include:

o Community outreach to determine community priorities including the use of both ph ysical and di gital surveys and in -person and virtual community meetings (four (4) total meeting engagements);
o Integration of the future Dog P ark that is currently being designed at the west end of the proposed park;
o Location of additional park amenities;
o Identification of public art opportunities;
o A signing/way-finding program that provides direction, information, and facilitates access. The program shall include d esign for monument signage at key entry points to the park;
o Construction estimates for each phase and option;
o Determine the level of en vironmental documents that will be required to implement each phase and option; and
o Reference to the Cit y’s currently adopted Parks M aster Plan for a menity needs, design, and development.

• Prepare for and present at two (2) City Council Study Sessions and one (1) Parks and Recreation Commission Meeting.
• Monthly meetings with all stakeholders and project leaders/managers. • Project is excepted to be completed within six (6) months.

The project development process will include:

• Pre Design Meeting
o Meeting/interview with Recreation and Community S ervices Director, Public Works Director, Maintenance Division personnel, Engineering Division Manager and Project Manager; and
o Meeting/interviews with other stakeholders (ie. Recreation and Community Services Department, Building & Safety Department, Code Enforcement Division).

• Reference Documents and Site Survey
o Review relevant reference documents developed to date with respect to parks and open space assessments, needs , improvements, design, and implemented site work;

9 o Conduct site survey of existing site conditions and report an y challenges for construction including environmental, ADA, etc.; and o Provide technical memorandum summarizing document review, site surveys, and inte rviews. Technical memorandum shall provide the b asis for the approach for the development of the immediate, near future and future implementation plan; and
o City staff will review the tech nical memorandum and Consultant shall incorporate one round of City sta ff review comments on the technical memorandum;
o Provide final technical memorandum; and
o Develop an Existing Conditions Plan in AutoCAD 2021 with an aerial background using 1 inch = 20 foot scale on 22” x 34” sheets. The plan will be used as the demolition plan in the final 60% construction drawing, and will show the boundaries using the surveyor information and any easements. The plan will also include all existing features.

• City Approval of Master Plan
o Consultant will submit twelve (12) copies and one (1) electronic copy of the draft master plan for review and comment by City staff; o Based upon comments re ceived from the City, consultant will revise the draft master plan and resubmit twenty (20) copies;
o Staff approved Master Plan will be presented to City Council and Parks and R ecreation Commission as a study session item for review and comment; and
o Consultant will make final changes and submit twenty (20) copies of the final version of the M aster Plan. Consultant will provide electronic version compatible with existing City software.

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 pro vide 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 wil l not b e accepted. Vendors planning to submit responses to this request are highly encouraged to submit all documentation before the deadline to avoid any technical difficulties/errors.

7.0 Evaluation Criteria
The Fire Department will es tablish an eva luation committee to review and rat e each

10 proposal. The proposal evaluation process will be conducted using a multi-step method which will include the following steps:

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

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

i. Qualifications as they relate to this project (60%)
a. Thoroughness and understanding of the tasks to be completed b. Background and experience in organizational analysis evaluation c. Knowledge of the City of Montebello and local needs
d. Experience of personnel assigned to the work
e. Communication Skills

ii. Reputation for integrity and competence (20%)
a. Positive Reference Checks
b. Work Samples

iii. Proposed fees for Service (20%)

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 opening. The most common ty pes of protest that might be filed before a proposal opening include those based upon restrictive specifications or alleged improprieties in any solicitation that is apparent before the scheduled proposal opening.

When a protest is filed before a sched uled 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

11 Montebello, CA 90640

or

E-mail:
[email protected]

B. The protest must contain factual and leg al reason(s) and should recommend a proposed remedy. Nevertheless, it should be noted t hat 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 confe rence on the merits of a protest with all interested parties allowed to att end. Interested parties may include all proposers, subcontractors, or suppliers, provided they have a substantial economic interest in a portion of the RFP.

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

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

The City will respond in writing within ten (10) working days after receipt of a properly filed protest. The Director of Finance will re spond and in clude 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 decide on all protests.

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

9.0 Execution of Agreement
The resulting agreement (see attached sample Appendix D) shall be signed by the successful Consultant and returned within the required insurance with in ten (1 0)

12 business days after the City has pr ovided written notice that t he Consultant has been awarded. Failure to execute the agreement and file acceptable insurance documents as provided herein shall cause, at the City's option, for annulment of the a ward. Please review the insurance requirements and indemnification clause i n the attached sample agreement.

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

10.0 Insurance
The Consultant selected mus t 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 0 0 01) shall cover on an “occurrence” basis for bodily injury and property damage, inclu ding premise -operations, products -completed, broad form property damage, blanket contractual l iability, independent contractors, personal injury or bodily injury, and ad vertising 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, t he "City of Montebello, its officials, employees, and agents" must be separately endorsed to the policy as additional insureds on an endorsement equivalent to the Insurance Services Office, Inc. Form CG 20 10 11 85 of CG 20 26 1185.

B. Business Automobile Liability
For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form CA 00 01 covering, Code 1 (any auto), or if the vendor has not owned autos, Code 8 (hired) and 9 (non -owned) with a limit no less than $1,000,000 per accident for bodily injury and property damage.

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

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

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

Required Insurance Documentation

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

City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640

Endorsements (if requested)
In addition to the Certific ate of Insurance, the vendor must provide the following endorsements:

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

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

Primary, non-contributory coverage endorsements. The general liability and professional liability (if required) 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 ex tent permitted by law, the City may modify these insurance requi rements at any time and at its sole discretion.

In general, any contract deemed sole source, professional/professional services, involves the disclosure of proprietary informati on, and/or a public works project may

14 require revisions to the City's stand ard insurance requirements. Any revisions to the insurance requirements will be identifie d within the associated service contract terms and conditions.

Consultants may request a waiver or m odification of these insurance requirements.

Waiver or modificat ion 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, a nd the decision will ultimately depend on the scope of services. The final decision to ap prove or deny a request will be at the City's legal authority and/or an authorized designee's discretion.

11.0 Use of Federal Funds
The City may elect to use funding from Federal sources for a portion of or all expenses related to this project. The United States Federal Government requires purchases of items and services to meet specific stan dards when using Federal funds, including grants, cooperative agreements, c ontracts, and Federal funds "passed -through" to the City from a non -Federal entity (i.e., sub-recipient agreements). These requirements are codified under the Code of Federal Regula tion's (CFR ) Title 2, Subtitle A, Chapter II, Part 200 (also referred to as "2 CFR 200" or "Uniform Guidance") and the Federal Acquisition Regulations (FAR), as applicable.

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

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

In addition to Federal standards, purchases must adhere to applicable local policies and

15 procedures as defined in Montebello Municipal Code Chapters 3.20 and 3.21 and any relevant administrative policies. The most restrictive terms prevai l when a conflict is present.

12.0 Non-Commitment of City
While the Cit y intends to select a Consultant 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 i ncurred in preparing the proposal for this request, and/or procuring or contracting any items or services.

13.0 Labor Requirements

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

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

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

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

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

15.0 Subcontractors
The Consultant shall be responsible for all work 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. All subcontractors used on this work shall be under the direct supervision of the Consultant and shall be considered as their

16 employees. Any approved subcontractors must provide insurance indemni fying the City with limits at or exceeding the limits of the Contractor's insurance.

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

17.0 Disclosure of Information
A. The Consultant agrees that it will not dur ing or after the term of the agreement, disclose any proprietary information or confidential business i nformation of the City, including but not limited to its costs, charges, operating procedures, or methods of doing business to any person, vendor, corporation, association, or other entity or the general public for any reason or purpose whatsoev er, without the prior written consent of the City. Such confidential or pro prietary information received by the Consultant shall be used exclusively in connection w ith the performance of services.

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

18.0 City of Montebello Rights
At its discretion, the City reserves the right to:

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

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

B. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to oth er 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;

17 D. Cancel the entire RFP;

E. Issue subsequent RFPs; or

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

Please review:

Appendix A – Proposal Content and Format
Appendix B – Cost Proposal
Appendix C - References
Appendix D – Professional Services Agreement Sample
Appendix E – Project Map

City of Montebello
Master Plan and Design of Park at the Montebello Municipal Golf Course RFP No. 24 – 10
Appendix A – Proposal Content and Format

Proposal Content
Consultants shall be responsible for preparing a compelling, clear, and concise proposal. The City is requesting proposals, which contain at a minimum the following information:

1. Letter of Interest - Please include a letter expressing your interest in being considered for the project. Include a statement regarding the vendor's availability to dedicate time, personnel, and resources to this effort. The letter of interest must include a commitment to the availability of the vendor and all key project staff during the planning period and a proposed schedule designed to meet the City's needs for the project.

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

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

Using Appendix B – References, please provide details regarding each reference. This should include the name, contact person, address, phone number, and e-mail address of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance. The City may contact the individual listed at its discretion.

Resumes may also be included in this section for any key staff associated with project.

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

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

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

Total All-Inclusive Not-To-Exceed Maximum Price: The cost proposal should contain all pricing information relative to performing the scope of work as described in this request

for proposals. The total all-inclusive maximum not-to-exceed price is to contain all direct and indirect costs, including all out -of-pocket expenses. Provide a budget for each significant milestone for the entire scope of services. The proposed budget shou ld be inclusive of all meetings, conference calls, site visits and deliverables. The budget should include a list of anticipated reimbursable expenses with rates charged for each.

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

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

All proposals must be submitted using the PlanetBids Portal by Thursday March 25, 2024, at 11am. It is highly encouraged that proposals are submitted ahead of the deadline to avoid any technical difficulties that might be encountered while using the portal.

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

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

Proposals should also include the following:

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

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

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

City of Montebello
Master Plan and Design of Park at the Montebello Municipal Golf Course RFP No. 24 – 10
APPENDIX B – COST PROPOSAL

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

Master Plan & De sign of Park $___________________

(Please list the proposed total in words below)

____________________________________________________________________________________

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

Item: $

Item: $

Item: $

Item: $

Item: $

The undersigned, on behalf of the consultant , certifies that: (1) the person whose signature appears below is le gally empowered to b ind the firm in whose name the proposal was submitted ; (2) has read the comple te RFP and understands all provisions; (3) if accepted by the City, this proposal is guaranteed as written and will be implemented as stated. (4) by submittin g this proposal , consultant agrees to all the terms, including but not limited to, each and every provision of the General Term and Conditions ; and (5) mistakes in writing of the submitted proposal will be the consultant ’s responsibility.

Authorized Signature: Date:_______________

Name: Title:

Company Name: Phone:

City of Montebello
RFP 24 - 10
Master Plan and Design of Park at the Montebello Municipal Golf Course Appendix B – REFERNCES

Entity Name

Business Address

Name of Contact

Title Contact

Telephone Number of Contact

Email of Contact

Description of Project

Date of Service

Entity Name

Business Address

Name of Contact

Title Contact

Telephone Number of Contact

Email of Contact

Description of Project

Date of Service

Entity Name

Business Address

Name of Contact

Title Contact

Telephone Number of Contact

Email of Contact

Description of Project

Date of Service

APPENDIX C

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 scope of work, fee schedules, and any and all addenda or supplemental agreements.

2. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
b. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.

SECTION 2. SERVICES / COMPENSATION.
a. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.

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

PROFESSIONAL SERVICES AGREEMENT NO.

c. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”). The CONSULTANT shall provide an itemized billing statement to the CITY each month for 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 “Notice to Proceed” (as further defined below) by the CITY and shall expire three (3) years from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two (2), one -year extensions upon such terms and conditions mutually agreed 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 utilized by companies engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement.

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

d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT.
e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney- client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.

SECTION 5. WORK PRODUCT.
a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product

PROFESSIONAL SERVICES AGREEMENT NO.

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 corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

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

PROFESSIONAL SERVICES AGREEMENT NO.

giving ten (30) business days’ written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less th e amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non- refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

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

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

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

SECTION 11. INDEPENDENT CONSULTANT.
a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. c. The CITY shall not deduct from the Compensation paid to the CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or 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

PROFESSIONAL SERVICES AGREEMENT NO.

with workers’ compensation insurance or any other insurance.

SECTION 12. CALPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.

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

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

SECTION 13. LEGAL RESPONSIBILITIES.

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

SECTION 14. INDEMNIFICATION.

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

PROFESSIONAL SERVICES AGREEMENT NO.

SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products -completed operations, personal injury, and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
• Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

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

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

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

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

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

e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non- payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon. f. Evidence of Insurance prior to commencement . The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to

PROFESSIONAL SERVICES AGREEMENT NO.

the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
g. Evidence of Insurance during the entire term of the Agreement . At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).

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

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

j. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it. k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.

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

PROFESSIONAL SERVICES AGREEMENT NO.

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

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

The CONSULTANT shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.

Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

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

SECTION 17. NO WAIVER.

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

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

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

SECTION 19. ATTORNEY’S FEES AND COSTS.

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

SECTION 20. WARRANTIES.

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

PROFESSIONAL SERVICES AGREEMENT NO.

a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement; b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and

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

SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.

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

c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described. e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.

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

SECTION 22. NOTICE.

PROFESSIONAL SERVICES AGREEMENT NO.

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

If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [ENTER EMAIL ADDRESS]
With a copy to: City of Montebello – Department Name
Attn: Name and Title of Department Head
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 558 -1625 ext.

Email: [ENTER EMAIL ADDRESS]

If to Consultant: Consultant Name
Attn:

Address
City, CA #####
(###) ###-####
Email

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

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

SECTION 24. CONFLICT OF INTEREST.

The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above.

Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiv ing party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

PROFESSIONAL SERVICES AGREEMENT NO.

conflict in any manner with the performance of its services hereunder. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

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

SECTION 25. ENTIRE AGREEMENT.

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

[SIGNATURE PAGE TO FOLLOW]

PROFESSIONAL SERVICES AGREEMENT NO.

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. (“CITY”) (“CONSULTANT”)

CITY OF MONTEBELLO CONSULTANT NAME

Raul Alvarez, City Manager Full Name, Title

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
• Exhibit A – Request for Proposals for Services and
Contractor’s Proposal
• Exhibit B – Schedule of Compensation
• Exhibit c – Live Scan Fingerprinting Requirement

EXHIBIT “A”

Request for Proposals for Services and Contractor’s Proposal

EXHIBIT “B”

Schedule of Compensation

EXHIBIT “C”

Live Scan Fingerprinting Requirements
Prior to commencing services, the CONSULTANT may be required to successfully pass a Department of Justice fingerprinting background check (“Live Scan”) performed by a certified fingerprinting service provider or at the City of Montebello Police Department.

The CONSULTANT shall be responsible for obtaining the Live Scan for its staff and shall bear the cost thereof. The agency completing the fingerprints must provide the City of Montebello Human Resources with the background check results and subsequent records for review. The CONSULTANT must obtain a “Temporary Consultant’s Badge” issued by the City of Montebello Hum an Resources prior to performing work.

ITEM # 11

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: David Sosnowski, Director of Recreation and Community Services

SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4174 FOR

GOLF COURSE MANAGEMENT AND MAINTENANCE SERVICES (RFP
NO. 24-1) TO TROON GOLF

DATE: January 24, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Award Professional Services Agreement No. 4174 to Troon Golf for an amount not to exceed One Million Nine Hundred Forty-Six Thousand Four Hundred Seventy-Eight Dollars ($1,946,478) for the initial year of a five-year (5-year) term for Golf Course Management, Maintenance and Operation Services at the Montebello Golf Course; and

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

3. Amend the Fiscal Year 2023-24 budget by increasing appropriations by a total of $1,946,478 in Account No. 610-99-6040.10; and

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

FISCAL IMPACT:

The total not-to-exceed annual cost for Golf Course Management, Maintenance and Operation Services under the proposed agreement is One Million Nine Hundred Forty- Six Thousand Four Hundred Seventy-Eight Dollars ($1,946,478) for the first year of a five-year (5-year) term. This cost includes $150,000 in start-up costs to be billed to the City at the commencement of the agreement.

The awarded agreement will be managed by the Recreation and Community Services Department and funded within the Golf Division of the Golf Course Fund (Fund 610). It is recommended that appropriations be increased by $1,946,478 in Account No. 610-99- 6040.10 (Golf Fund, Non-Departmental, Outside Contracts). Future budgets will incorporate the costs of the agreement offset by golf revenues from tournaments, green fees and golf cart rentals.

CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024

BACKGROUND/DISCUSSION:

On July 31, 2023, the City issued Request for Proposals No. 24-1 (“RFP”) seeking proposals for Golf Course Management, Maintenance, and Operations for the re- imagined and upgraded Montebello Golf Course. The renovated Montebello Golf Course will be a 9-hole regulation golf course and feature a new pro shop, clubhouse, cart room, putting green complex, and a new 6-hole (9-hole at night) Par 3 golf course with lights. At the September 27, 2023, City Council meeting, the City Council approved Resolution No. 23-71 renaming the golf course to Bella Verde Resort at Montebello as part of the new branding of the renovated golf and entertainment complex.

The RFP scope requires the selected firm to provide all personnel, labor, equipment, materials, tools, services, and special skills required to manage, maintain, and operate the golf course. The operation of the golf course includes operating and staffing the golf shop, collecting and remitting all green and cart fees to the City, handling merchandise sales and rentals, repair of all golf-related merchandise and equipment, providing a youth golf program, golf instruction coordination, hosting and scheduling tournaments and high school leagues, providing and maintaining a golf-specific point of sale system and tee sheet, and golf cart rentals and maintenance. The maintenance of the golf course includes performance of landscape and other maintenance, which is outlined in the RFP in the Suggested Maintenance Level Frequencies (Appendix “B”) and keeping with the highest standards of quality and performance. Additionally, the selected firm will be responsible for marketing, employee training, golf course security, accounting, and record keeping.

RFP No. 24-1 was advertised on the City website, Planet Bids and the Montebello News newspaper. Interested bidders were provided the opportunity to submit questions and corresponding answers were published using the City’s online advertising platform, Planet Bids. The RFP closed on September 28, 2023 and the City received three (3) responsive proposals.

ENVIRONMENTAL:

N/A

ANALYSIS:

An Evaluation Committee (“Committee”) made up of Recreation and Community Services Department employees assessed the qualifications and expertise of each proposer in performing the services and scope of work called for in the RFP. Each proposal was scored based upon the following criteria, as it related to the scope of work:

1. Qualifications/Experience 60%

2. Reputation for Integrity and Competence 20%

3. Proposed Fees and Charges for Service 20%

CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024

The total scores for the three proposals -- based on the criteria above -- are as follows:

Troon: 84.0
CourseCo: 80.5
GolfLinks: 68.0

From this evaluation process, Troon Golf has been selected as the most responsive and responsible bidder based upon scored proposals. Troon Golf has extensive experience in golf management and currently manages 37 golf courses in California, including several municipal golf courses. The firm has demonstrated a thorough understanding of Golf Division operations and needs. Staff are confident that Troon Golf has the qualifications and experience that best meet the needs of the City.

The City is proposing a not-to-exceed contract amount of $1,946,478 annually for year 1 of the contract term. The annual not-to-exceed cost will vary for each year of the contract and accounts for an increase in start-up costs for the initial year of the contract and the reopening of the golf course. Start up costs of $150,000 include operational and supply costs, including the outfitting of the golf course (non-construction/non-concession related expenses that include but are not limited to: bunker equipment, tee signs/markers, benches/trash cans and clubhouse staff operational computer hardware/software, and office furnishings). The following is the five (5) year annual cost breakdown as proposed by Troon Golf:

Year 1 - $1,946,478
Year 2 - $1,907,676
Year 3 - $1,929,353
Year 4 - $1,991,624
Year 5 - $2,055,762

Troon Golf provided a proposal to perform all services within the scope of work as outlined in the RFP, including the cost for lease and purchase of new equipment as needed. The proposed cost for services includes all scope of work related expenses, billed monthly on an as-rendered basis. The cost includes a monthly management fee of Eight Thousand Dollars ($8,000) or Ninety-Six Thousand Dollars ($96,000) annually and an annual CPI increase of 2.5% (not to exceed 5%). All other costs are labor and operational expenses necessary to properly and professionally operate and manage the golf course. In the event of unforeseen golf course closures or a reduction in services and/or materials used, the City will only be charged monthly for work performed, and any savings would be realized by the City. The agreement will commence on March 1, 2024.

SUMMARY:

Staff recommends that the City Council approve Agreement No. 4174 with Troon Golf for a total not-to-exceed amount of One Million Nine Hundred Forty-Six Thousand Four Hundred Seventy-Eight Dollars ($1,946,478) for the initial year of a five-year (5-year) term for Golf Course Management, Maintenance and Operation Services at the Montebello Golf Course (attached hereto in substantial form); authorize the City Manager to take actions necessary to execute and finalize the City Attorney approved agreement

CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024

on behalf of the City; and Amend the Fiscal Year 2023-24 budget by increasing appropriations by a total of $1,946,478 in Account No. 610-99-6040.10; and direct staff to take such additional, and related, actions that may be desirable.

ATTACHMENT(S)

1. Attachment A - RFP No. 24-1

2. Attachment B - Draft Agreement in Substantial Form

NEXT STEPS:

N/A

1 CITY OF MONTEBELLO
Request for Proposals
RFP No. 24 – 1
Golf Course Management,
Maintenance, and Operation
(Revised August 24, 2023)
Release Date: Monday, July 31, 2023
Mandatory Site Walk: Monday, September 11, 2023, at
10 a.m. PDT
Due Date: Thursday, September 28, 2023, at 11 a.m. PST

ATTACHMENT A

2

3 TO PROSPECTIVE PROPOSERS
The C ity of Montebello (“City”) invites proposal submissions under this Request for Proposals ( “RFP”). The City will evaluate responses to this solicitation to determine qualifications. Submissions must adhere to the format and content described. Only proposals that adhere to the requirements will be evaluated. The information set forth is the minimum required to qualify for consideration. The successful firm will be required to enter into a Professional Services Agreement based on the specifications outlined in this RFP.

DATE OF SOLICITATION
July 31, 2023

THE PROJECT
Golf Course Management, Maintenance, and Operation

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

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

Any questions abou t this RFP should be submitted via the City's PlanetBids Portal by Wednesday, September 14 , 2023, at 11:00 a.m. PST. Prospective vendors must register their business with PlanetBids before being able to view or submit a response.

To access the City's PlanetBids Portal, please go to:

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

4 Table of Contents Page

1.0 Notice Inviting Proposals 5

2.0 Introduction/About the City of Montebello 6

3.0 Timeline 7

4.0 Purpose 7

5.0 Scope of Work 8

6.0 Mandatory Site Visit 9

7.0 Proposal Submittal 10

8.0 Evaluation of Proposal 10

9.0 Proposal Protests 11

10.0 Execution of Agreement 12

11.0 Insurance 12

12.0 Use of Federal Funds 15

13.0 Non-Commitment of City 15

14.0 Labor Requirements 16

15.0 Records 17

16.0 Subcontractors 17

17.0 Modifications/Changes 17

18.0 Disclosure of Information 17

19.0 City of Montebello Rights 17

Appendix A – Proposal Content and Format
Appendix B – Maintenance Standards
Appendix C – Sample Professional Services Agreement
Appendix D – Golf Course Site Plan
Appendix E – Clubhouse Site Plan
Enclosure 1 – References
Enclosure 2 – Cost Proposal

5 1.0 Notice Inviting Proposals (Section Revised August 24, 2023) The City of Montebello is seeking proposals from firms to manage, maintain, and operate the recently renovated 9 -Hole Montebello Golf Course, maintenance yard, cart room, and pro shop, following the sp ecifications, terms, and conditions identified in this RFP. Prospective respondents are advised to carefully read information related to this opportunity before submitting a response.

To view the complete RFP package, please visit:

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

Prospective firms must register with PlanetBids before being able to view or submit a response.

On Monday, September 11, 2023, 10 a.m. PDT , prospective proposers are invited to attend a site walk. This site walk is mandatory to ensure that all proposers receive the same information. Please Section 6.0 for details.

Questions must be submitted by Thursday, September 14, 2023, at 11:00 a.m. PDT.

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

Proposals must be submitted via PlanetBids by Thursday, September 28, 2023, at 11:00 a.m. PST.

Responses to this RFP will be evaluated to det ermine 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 City of Montebello is seeking proposals from firms for the management, maintenance, and operation of the recently renovated 9-hole regulation golf course that will feature a new pro shop, clubhouse, cart room, putting green complex, and a new 6 - hole (9-hole at night) Par 3 golf course with lights when construction is completed.

The selected firm must provide all personnel, labor, equipment, materials, tools, services, and special skills required to manage, maintain, and operate the Montebello Golf Course.

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 ho sts 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 500 full-time and part-time employees in public safety, transit, and non-safety functions.

About the Golf Course Campus
Montebello Golf Course (MGC or “Golf Course”) is located in the City of Montebello, in the heart of Los Angeles, about 15 minutes from downtown Los Angeles with easy access off the California State Hi ghway 60 freeway. The City acquired the land in 1941 for use as a municipal golf course. William F. Bell redesigned five holes in 1962. In 1998-99 the golf course was again remodeled by David Rainville and Gary Bye, adding three lakes, new greens, tees, bu nkers, and continuous concrete cart paths. A new irrigation system was added during the 1999 major renovation.

The Golf Course is undergoing a renovation/reimagination known as the Montebello Municipal Golf Course Renovation Project (GCR Project). The GC R Project includes renovating a portion of the existing Montebello Municipal Golf Course property located immediately south of the future Top Golf and northwest of the Quiet Cannon event center. Topgolf Montebello will be a 66,000 -square-foot Topgolf -branded commercial driving range and entertainment venue, which is expected to include a full -service restaurant, event space, and other associated amenities. The Project will consist of, among other things: a three -story driving range complex/structure with ap proximately 102 hitting bays; restaurant and entertainment amenities; outdoor seating/patio areas; a parking lot; and common facilities, including a public road that provides access from Via San Clemente, on approximately 15 acres.

The GCR Project area is approximately 72.5 acres of the golf course campus. When completed, the GCR Project will replace the existing 18 -hole golf course with a modern

7 first-class regulation course complex that will complement the adjacent Topgolf facility and existing hotels and Quiet Cannon event center. The GCR Project will include a new 9-hole regulation golf course with a new clubhouse/cart room, putting green complex, and a new 6-hole (9-hole at night) Par 3 golf course with lights.

The Project is expected to be completed in Spring 2024, which will coincide with the opening of the new Golf Course alongside Top Golf. The Golf Course had 70,000 rounds of play in the last full fiscal year of operation – FY 2021-22 and was operated by a Pro Shop/Golf Pro Concessionaire with Troon managing maintenance operations.

3.0 Timeline (Section Revised August 24, 2023)
• Release RFP Monday, July 31, 2023
• Mandatory Site Visit Monday, September 11, 2023, 10 a.m. PDT • Online Q&A Deadline Thursday, September 14, 2023,11 a.m. PDT • Deadline to Submit Responses Thursday, September 28, 2023, at 11 a.m. PDT • City Review of Submissions Early/Mid-October 2023
• Interviews TBD (If Necessary)
• Notifications Sent to Vendors Late October 2023
• Award Early/Mid-November 2023

4.0 Purpose
Through this solicitation, the City is seeking proposals from qualified fir ms to provide Management, Maintenance, and Operational services for the Golf Course. Maintenance and management services include but are not limited to irrigation, landscape, open space, and hardscape maintenance services, along with all needed supplies an d equipment needed to operate and maintain the Montebello Municipal Golf Course and annually for the City's Golf Enterprise Fund.

The selected firm will be responsible for all day -to-day operations of the Golf Course to ensure efficient and sustainable s ervices for the community. This includes but is not limited to hiring, training, and supervision of all contractor -provided golf course staff, management of pro shop operations, oversight and maintenance of the course grounds and pro shop, development and implementation of a long -term and robust marketing and promotions campaign, administration of golf cart fleet and rentals, and monthly reporting to the City among other tasks. The selected firm will also provide ongoing communication, engagement, and coord ination with the City, the community, and the current concession vendor to deliver optimal golf course services. The award of this contract will be made by the Montebello City Council.

8 5.0 Scope of Work/Services
The selected firm must provide all perso nnel, labor, equipment, materials, tools, services, and special skills required to manage, maintain, and operate the Montebello Golf Courses. Detailed Specific Terms and Conditions are attached in Appendix “A” (Proposal Content and Format) and Appendix “B” (Maintenance Standards). In general, the required services include:

Golf Course Operation Services : Operating and staffing the golf shop; collecting and remitting all fees to the City; marshaling services; handling merchandise sales, rentals, purchases, s torage, and repairs of all golf -related merchandise and equipment; providing a youth golf program, golf instruction coordination; hosting and scheduling tournaments and high school leagues; providing and maintaining a golf -specific point of sale system and tee sheet; golf car rentals and maintenance; coordinating and promoting tournaments; and handling related activities.

Golf Course Maintenance Services : Performance of landscape and other maintenance as outlined in the Suggested Maintenance Level Frequenci es (Appendix “B” ) and in keeping with the highest standards of quality and performance.

Other Required Services : Marketing; employee training; golf course security; accounting; and records keeping.

The services shall be performed daily on a year -round basis. The firm shall provide a level of operation and service per Appendix “B”.

Proposers must have a minimum of five (5) years of experience performing golf course operations, golf course maintenance, and other functions specified in this RFP within the past ten (10) years at a minimum of three (3) full -service municipal golf facilities in California. The City intends to award a single Golf Course Maintenance and Operation Agreement (Agreement) but retains the rights to award the Agreement in a way that is most favorable to the City. The Agreement will have a term of five (5) years. Additional information regarding contract scope, terms and other conditions are contained in this RFP.

It is the intent and expectation of the City to provide for its residents and visitors with a professional and desirable golfing experience with a customer service level commensurate with the "best practices” of municipal golf facilities. The City Council will establish the daily fees and services in January 2024 with the intention of providing the firm with the greatest flexibility to market the course aggressively. The Montebello Golf Course is run as an Enterprise Fund and revenues need to cover all regular expenses,

9 as well as small improvement projects, annually. The City expects the golf course, golf shop, and cart room facilities to be managed, maintained, and operated per Appendix “B.” The City specifically desires to achieve the following:

1. Provide a quality, family-friendly experience at affordable rates for all age groups.

2. Have all course management, operations, and maintenance activities performed professionally and with minimal City operational support.

3. Maximize the financial return on the Montebello Golf Course while maintaining affordable rates as provided by the Mont ebello City Council.

4. Ensure course maintenance levels are consistent and of an acceptable level. The City expects the standards of the golf course to remain at a top level by following the detailed scope of work and maintenance frequencies outlined in Appendix “B.”

6.0 Mandatory Site Visit (Section Added – August 24, 2023) On Monday, September 11, 2023, 10 a.m. PDT , prospective proposers are invited to attend a site walk. This site walk is mandatory to ensure that all proposers receive the same information. Proposal submissions from proposers who did not participate in the site walk may be rejected at the City's discretion. The site walk will be held at:

Montebello Golf Course Maintenance Yard
988 Via San Clemente Avenue
Montebello, CA 90640

Parking is available outside of the maintenance yard in any available public parking stalls. The site walk will consist of an overview of the maintenance yard and limited tour of the golf course, parking lots and other areas related to the maintenance portion of the project.

Upon arrival, prospective proposers will need to sign in. The City will allow up to a ten (10) minute grace period to ensure that all proposers have had an opportunity to sign in.

After completion of the site walk, the sign -in sheet will be posted on PlanetBids via an addendum.

It is requested that prospective proposers attending the site walk only send one (1) to two (2) representatives to help ensure the City can faci litate sufficient space and

10 transportation (if needed). Representatives will be allowed to take photos or videos of the site.

The City may answer questions related to the site walk at its discretion. The City may request that vendor representatives submit some questions via PlanetBids to ensure that all proposers receive the same information.

7.0 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. Consultants planning to submit responses to this request are highly encouraged to submit all documentation before the deadline to avoid technical difficulties/errors.

All firms are hereby put on notice that each proposal received by the City shall become the exclusive property of the City. Notwithstanding authorized exemptions and privileges, each proposal shall be subject to disclosure according to the California Public Records Act and/or the Federal Freedom of Information Act. Th e City shall not in any way be liable or responsible for the disclosure if required to do by law.

8.0 Evaluation Criteria
The City will establish an evaluation committee to review and rat e each proposal. The proposal evaluation process will be conducted using a multi -step method which will include the following steps:

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

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

i. Qualifications as they relate to this Project (60%)
a. Thoroughness and understanding of the tasks to be completed b. Background and experience
c. Knowledge of the City of Montebello
d. Experience of personnel assigned to the work

11 e. Communication Skills

ii. Reputation for integrity and competence (20%)
a. Positive Reference Checks
b. Work Samples

iii. Proposed fees for services (20%)

9.0 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 opening. The most common types of protest that might be filed before a proposal opening include those based upon restrictive specifications or alleged improprieties in any solicitation that is apparent before the scheduled proposal opening.

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 factual and legal reason(s) and should recommend a proposed remedy. Nevertheless, it should be noted that the City reserves the right not to implement the proposed remedy but to o ffer alternative solutions where applicable.

C. Where appropriate, the City will hold an informal conference on the merits of a

12 protest with all interested parties allowed to attend. Interested parties may include all proposers, subcontractors, or supplie rs, provided they have a substantial economic interest in a portion of the RFP.

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

E. The City shall not open proposals prior to the resolution of the protest unless it is determined that:

• The items to be procured are urgently required;
• Delivery or performance will be unduly delay ed by failure to make the award promptly; or
• Failure to make a prompt award will otherwise cause undue harm to the City.

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

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

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

10.0 Execution of Agreement
The resulting agreement (see attached sample Appendix C) shall be signed by the successful Consultant and returned within the required insurance within ten (10) business days after the City has pr ovided written notice that the C onsultant has been awarded. Failure to execute the agreement and file ac ceptable insurance documents as provided herein shall cause, at the City's option, for annulment of the award. Please review the insurance requirements and indemnification clause in the attached sample agreement.

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

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

13 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 da mage, 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 ge neral aggregate limit applies, the limit shall be twice the required occurrence limit.

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

B. Business Automobile Liability
For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form CA 00 01 covering, Code 1 (any auto), or if the vendor has not owned autos, Code 8 (hired) and 9 (non -owned) with a limit no less than $1,000,000 per accident for bodily injury and property damage.

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

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

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

Required Insurance Documentation

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

City of Montebello
1600 West Beverly Boulevard

14 Montebello, CA 90640

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

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

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

Primary, non-contributory coverage endorseme nts. 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 t o the City or its officials, employees, and agents.

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

In general, any contract deemed sole source, professional/professional services, involves the 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.

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

Waiver or modification requests must be submitted in writing. The request should state the spec ific 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 authorized designee's discretion.

15 12.0 Use of Federal Funds
The City may elect to use funding from Federal sources for a portion of or all expenses related to this Pro ject. The United States Federal Government requires purchases of items and services to meet specific standards when using Federal funds, including grants, cooperative agreements, contracts, and Federal funds "passed -through" to the City from a non -Federal entity (i.e., sub-recipient agreements). These requirements are codified under the Code of Federal Regulation's (CFR) Title 2, Subtitle A, Chapter II, Part 200 (also referred to as "2 CFR 200" or "Uniform Guidance") and the Federal Acquisition Regulations (FAR), as applicable.

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

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

In addition to Federal standards, purchases must adhere to applicable local policies and procedures as defined in Montebello Municipa l Code Chapters 3.20 and 3.21 and any relevant administrative policies. The most restrictive terms prevail when a conflict is present.

13.0 Non-Commitment of City
While the City intends to select a firm through this process, this intention is subject t o 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.

16 14.0 Labor Requirements

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

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

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

E. Prevailing Wages: Certain labor categories under this Project may be subject to prevailing wages as identified in the State of Califor nia Labor Code (“Labor Code”) Sections 1720 -1815. The Operator shall conform to applicable wage rates. It is required that all mechanics and laborers employed or working at the site be paid not less than the basic hourly rates of pay and fringe benefits as shown in the current minimum applicable wage schedules. The Operator must use the current wage schedules applicable at the time the work is in progress.

F. DIR Registration: Maintenance activities in excess of $15,000 per year require registration with the Department of Industrial Relations. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to propose or engage in the performance of any contract for public work, unless currently registered and qualif ied to perform public work pursuant to Section 1725.5.

G. Other Labor Code Conditions/Requirements : The resulting agreement may contain additional requirements pursuant to Labor Code Sections 1720 -1815 not listed herein as shown in Appendix “C” (Professional Services Agreement Sample).

17 15.0 Records
The Consultant agrees to permit the City Manager or designee access to records, reports, files, and other papers or property of the Consultant to audit any performance aspect under this agreement.

16.0 Subcontractors
The Consultant 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. All subcontractors used on this work shall be under the direct supervision of the Consultant and shall be considered as their employees. Any approved subcontractors must provide insurance indemnifying the City with limits at or exceeding the limits of the Contractor's insurance.

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

18.0 Disclosure of Information
A. The Consultant agrees that it will not during or after the term of the agreement, disclose any proprietary information or conf idential business information of the City, including but not limited to its costs, charges, operating procedures, or methods of doing business to any person, vendor, corporation, association, or other entity or the general public for any reason or purpose whatsoever, without the prior written consent of the City. Such confidential or proprietary information received by the Consultant shall be used exclusively in connection with the performance of services.

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

19.0 City of Montebello Rights
At its discretion, the City reserves the right to:

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

i. The proposal is incomplete, non -responsive, obscure, irregular, or lacking necessary detail and specificity.

18 ii. The Consultant, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services. iii. The Consultant failed or neglected to complete and submit any information within the time specified by the City and as may be otherwise required herein.

B. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal 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 law permits.

Please review:

Appendix A – Proposal Content and Format
Appendix B – Maintenance Standards
Appendix C – Sample Professional Services Agreement
Appendix D – Golf Course Site Plan
Appendix E – Clubhouse Site Plan
Enclosure 1 – References
Enclosure 2 – Cost Proposal

APPENDIX A RFP 24-1 PROPOSAL CONTENT A. PROPOSAL FORMAT AND CONTENT Although no specific format is required by the City, this section is intended to provide guidelines to Proposers regarding features which the City will look for and expect to be included in the proposal. 1. Presentation Proposals shall be typed, with 12 pt font, single spaced and submitted on 8 1/2 x 11" size paper. Charts and schedules may be included in 11” x 17” format. Proposals should not include any unnecessarily elaborate or promotional material. Lengthy narrative is discouraged, and presentations should be brief and concise. 2. Letter of Transmittal The Letter of Transmittal shall be addressed to David Sosnowski, Director of Recreation and Community Services and, at a minimum, shall contain the following: a. Identification of Proposer that will contract with the City. Identification shall include legal name of company, corporate address, telephone and fax number. Include name, title, address, e-mail and telephone number of the contact person. b. Identification of all proposed subcontractors including legal name of company, contact person’s name and address, phone number and fax number. Relationship between Proposer and subcontractors, if applicable. c. Acknowledgment of receipt of all RFP addenda, if any. d. A statement to the effect that the proposal shall remain valid for a period of not less than 90 days from the submittal deadline. e. Signature of a person authorized to bind the Proposer to the terms of the proposal. f. Signed statement attesting that all information submitted with the proposal is true and correct. g. Department of Industrial Relations (DIR) registration number.

2 3. Technical Proposal a. Qualifications, Related Experience and References This section of the proposal should establish the Proposer’s ability to perform the required work by reasons of: experience in performing work of the same or similar nature; demonstrated experience working with public agencies; financial strength and stability of the Proposer; staffing capability; work load; and supportive client references. Equal weighting will be given to firms for past experience performing work of a similar nature whether with the City or elsewhere. Proposers shall: (1) Provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; number of employees. (2) Provide a general description of the firm's financial condition, identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede the Proposer’s ability to complete the project. City does not have a policy for debarring or disqualifying. (3) List the golf courses currently under management by the firm and provide reference contacts for the course owner and at least three user groups, (i.e., corporate users for sponsored tournaments etc.). (4) Minimum operational requirements: At a minimum, the Proposer shall include all services offered for public golfing at Montebello Golf Course, including provision of maintenance equipment of Golf Course. Such minimum services include: maintaining the course; charging and taking in green fees and golf cart rental fees; scheduling tee times; renting golf carts and clubs; maintaining the parking lot and other means of access to the course; regulating play; enforcing golf course rules; providing internet utilities; and providing security as needed. The golf course premises are to be open for public golf play daily from daybreak to sunset seven days a week, including holidays. The proposer will be responsible to schedule, manage and oversee the lit, par 3 course at night. The Proposer may recommend a period during which the course(s) may be closed due to weather, maintenance needs, or other factors and shall provide the City at least 48 hours advanced notice. Submit a proposed course maintenance schedule as it relates to daily, weekly, monthly or quarterly activities for the City’s review and approval.

3 (5) Additional operational requirements: The provision of additional services designed to enhance the golfing experience and provide increased revenue are expected of the Operator. Such services may include providing golf lessons, operating a pro shop, collaborating with the City on a Junior Golf Program, etc. (6) Proposer shall state its facility maintenance schedule and its plan to ensure consistent quality control for the Golf Maintenance Yard, Pro Shop and Golf Cart Room. (7) The Proposer shall include a detailed and specific listing of proposed accounting program that can provide revenue and expense information to the City on a monthly basis. (8) The Proposer may provide details of education/training programs for its staff, including rigorous customer service and safety programs and state and federally mandated training components. (9) The awarded Proposer (“Operator”) is expected to operate and maintain the golf courses as specified in this RFP. In addition, the Operator is highly encouraged to implement enhanced marketing of special programs and implement additional course improvements to increase golf course usage resulting in additional revenues. As an incentive, the City is willing to split the additional gross revenues with the Operator beyond certain thresholds. The Operator shall propose a percentage split between the City and the Proposer at the levels. (10) Rate Structure A. Green Fees B. Cart Fees C. Driving Range D. Facility Rental E. Incentives NOTE: The City Council shall establish base fees for the Golf Course including minimum rates and all discount rates as adopted in the upcoming Golf Fee Study Adoption. The operator will work with City Staff to establish, adjust and augment fees on an annual basis. (11) The Proposer shall provide its ideas/proposal for an improvement plan for the term of the Agreement, including funding responsibility, and decision/approval process. The improvement plan must include a phasing plan indicating immediate (year 1) improvements and phasing plan for other improvements. Please list all maintenance equipment, carts, and any other replacement equipment. The Proposer will describe what a capital reserve fund would look like for future capital improvements and suggested funding method.

4 (12) The Proposer will describe any youth golf program it operates or is affiliated with. Implementation of a youth golf program could be included in the final Agreement or addressed via an amendment to the Agreement within the first year of operation. (13) Provide a Financial Statement or Balance Sheet that contains the most recent and current annual audited financial statement or balance sheet for the Proposer. If the Proposer is a wholly or substantially owned subsidiary of a parent firm, the most recent and current financial statement or balance sheet for that firm shall also be submitted. Each Proposer must demonstrate and verify its financial capacity to manage the golf course. A financial commitment statement identifying funding source must also be submitted showing adequate funds to finance the Capital Improvement Plan (CIP) as indicated in the proposal. (14) Force Majeure: Provide a minimal monthly City paid maintenance amount that would take effect in the event of a catastrophic event forcing course closures. b. Annual Budget and Five-Year Pro Forma Provide an annual budget for Fiscal Year 2024 by month for the Golf Course on the provided bid form. Provide a monthly cash flow summary and a five-year pro forma which includes planned and realistic expenditures and revenues with total costs associated with the operation of each facility. The pro forma must include all separate components of operations. Following the recommended and necessary maintenance standards outlined in this RFP and its Appendices, it is expected the proposer shall bill the City on a monthly basis for all actual incurred costs including payroll, management fees, chemical and material procurement, equipment, etc.

5 c. Three Year Marketing Plan Describe your marketing plan for the course and experience marketing golf courses. Give examples of successful marketing plans and innovative social media and marketing campaigns you have developed and implemented. Describe ability to establish community partnerships, loyalty programs, educational programs, and solutions to provide additional non- golf entertainment and hospitality opportunities. Include ways to increase revenue sources, fundraise, apply for grants, and enhance the sponsorship opportunities. d. Proposed Staffing and Project Organization This section of the proposal should establish the method that will be used by the Proposer to manage the maintenance and operations as well as identify key personnel assigned. Proposed Staffing and Organization are to be presented by the Proposer for the course operation identified in the Scope of Services. Proposers shall: (1) Provide education, experience, and applicable professional credentials of maintenance and operational staff the course. Include applicable professional credentials or certificates of “key” staff. (2) Furnish brief resumes (not more than two pages each) for the proposed Superintendent and Operations Manager and any other key personnel such as the golf pro/instructor. e. Detailed Work Plan Proposers shall provide a narrative that addresses the Scope of Services at each course and shows their understanding of the City's needs and requirements. Proposers shall describe the proposed approach and work plan for completing the services specified in the Scope of Services. The description of the proposed approach shall discuss the services in sufficient detail to demonstrate the Proposer’s ability to accomplish the City’s objectives.

6 f. Transition Plan The proposal shall include a plan for working with the incumbent maintenance firm on the transition, if a transition to a new firm is to occur and the extend to which the incumbent firm’s staff will be considered for possible retention. g. Golf Cart Need The City has leased forty-six (46) new EZ-Go Golf Carts. Maintenance, operation and management of City-owned golf carts is the responsibility of the Operator. h. Equipment Need The current operator has an active lease for equipment for the operation and maintenance of the Montebello Golf Course. It is expected that the Operator shall provide, at its sole cost and expense, all equipment, carts, machinery, vehicles, supplies, merchandise, and other items of personal property as necessary or desirable for the efficient operation of the courses. The City prefers new equipment but will consider well maintained equipment less than five years old. i. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFP, segregating "technical" exceptions from "contractual" exceptions. Where Proposer wishes to propose alternative approaches to meeting the City's technical or contractual requirements, these should be thoroughly explained. If no contractual exceptions are noted, Proposer will be deemed to have accepted the contract requirements of the agreement. 4. Appendices Information considered by Proposer to be pertinent to this proposal and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Please note that this does not constitute

7 an invitation to submit large amounts of extraneous materials. Appendices should be relevant and brief.

1 APPENDIX B MAINTENANCE STANDARDS Golf Course Maintenance: Procuring all materials, labor, tools, equipment, supplies, and services required to maintain the golf course property in a manner that promotes and supports operations. Maintenance areas for which Operator is responsible include: golf course tees, greens and collars; fairways; irrigated and non-irrigated rough; bunkers; water features; lakes; cart paths; mulch areas; bridges and crossings; practice areas; putting/chipping surfaces; fencing and turf; golf pro shop exterior; signage; storage areas; maintenance yard; golf pro shop; parking lots and cart storage. Duties also include implementing and managing an Integrated Golf Course Management Plan (for chemicals and pest management) and satisfying all environmental requirements related to the maintenance of a golf course. Operator also is required to maintain and monitor any drought response programs currently that could be implemented. A qualified, full-time, Class A member of the Golf Course Superintendents Association of America (GCSAA) shall directly and exclusively supervise all golf course maintenance. SPECIFIC MAINTENANCE STANDARDS & SPECIFICATIONS 1. LANDSCAPE: A) GREENS AND NURSERY: i. Maintain all greens in accordance with playability and industrywide standards. No standing water or mud will be allowed. ii. Mow greens during the March-November period six (6) times per week and during the December-February period four (4) times per week with an approved greens reel type mower at a height of 1/8”-5/32”. Frequencies and height of cut may be modified from time to time as deemed necessary by the golf course. All grass clippings must be collected and removed from the site during each mowing operation. iii. Relocate cups daily to USGA Standards to enable worn turf spots to recover. Set pin placement, in healthy turf area with proper colored flag. Set hole plugs at proper grade. iv. Replace soil and re-seed following removal of nursery sod. v. Verticut greens up to once per week during periods of active turf

2 growth. Coordinate verticutting, aerifying and topdressing, combing and brushing. vi. Aerify greens at least two (2) times per year or more frequently, if needed, and remove plugs the same day. Aerify with conventional hollow tines two times per year. Minimize interference to play. Schedule aerification well in advance and in conjunction with the Golf Concessionaire. vii. Apply and brush an approved topdressing material into the turf following all aerifications with an approved topdressing spreader. Apply spot topdressing to repair damage from ball marks or any other damage. Apply light topdressing in conjunction with verticutting. viii. Analyze soil within 30 days after the start of the term of the contract and at least once every year thereafter. Apply fertilizer in the quantity and type recommended by soil analysis and growing conditions at the time of treatment and in a manner to provide uniform growth of turf. Apply 6 to 7 pounds of actual nitrogen per thousand square feet per year under normal conditions. Utilize a variety of granular slow-release types of material. ix. Treat greens with proper chemicals to control insects, disease, weeds and other pests. x. Keep greens and collars free of foreign grasses and/or broadleaf weeds that tend to creep in from the edges. xi. Take electroconductivity (EC) readings weekly to determine salts levels and if they are above normal, take corrective action to reduce them. xii. Treat, sod, plug, and level bare or stressed areas properly. xiii. Mow greens collars two-to-three (2-3) times per week to a height of 1/4ǁ with an approved greens reel type mower. 2. FAIRWAY MAINTENANCE: A) Maintain all fairways in accordance with accepted playability and industrywide standards at all times. Mow fairways two-three (2-3) times weekly, depending on the growing season, at height of ½". B) Verticut fairways as necessary for turf health and good playing condition. C) Aerify, spike, or slice at least one (1) time per year, or more often if needed. Spot aerify to relieve compaction.