Montebello City Council
March 13, 2024

CITY OF MONTEBELLO

CITY COUNCIL

REGULAR MEETING

WEDNESDAY, MARCH 13, 2024 AT 6:00 PM

TELECONFERENCE LOCATION FOR

MAYOR PRO TEM MELENDEZ

HILTON GARDEN INN DC

DOWNTOWN - FRONT LOBBY
815 14TH STREET NORTHWEST
WASHINGTON, DC 20005

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
Acting Director of Transportation
Arlene Salazar
Fernando Pelaez
Paul Espinosa
Michael Solorza
Joseph Palombi
Cesar Roldan
David Sosnowski
John Soria

March 13, 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,

March 13, 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 – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(4)
Initiation of litigation in one case

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Significant exposure to litigation in one case

REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT

INVOCATION

PLEDGE OF ALLEGIANCE

CORRECTIONS TO THE AGENDA - CITY MANAGER

CEREMONIAL ITEMS/PRESENTATIONS

3. CITIZEN OF THE MONTH - FRANCEIS GARCIA CRUZ

4. YMCA YOUTH AND GOVERNMENT DELEGATION

5. WOMEN'S HISTORY MONTH

6. NATIONAL DEVELOPMENT DISABILITIES MONTH

7. PRESENTATION BY LIEBERT CASSIDY WHITMORE RELATED TO HUMAN RESOURCE PROTOCOLS 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

March 13, 2024: City Council Meeting Page 4 of 7

Calendar items will be addressed at the time that matter of business is heard, in the order received.

Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

PUBLIC HEARING

8. FIRST READING AND INTRODUCTION OF ORDINANCE NO. 2475 AMENDING CHAPTER 17.37 “HEAVY TRUCKING USES” AND CHAPTER 17.49 “BROWNFIELD OVERLAY DISTRICT” OF THE MONTEBELLO

MUNICIPAL CODE TO CLARIFY, SIMPLIFY AND SPECIFY THE CONDITIONS AND REQUIREMENTS FOR

ZONING COMPLIANCE OF HEAVY TRUCKING OPERATORS IN THE CITY OF MONTEBELLO AND IN THE

BROWNFIELD OVERLAY DISTRICT

RECOMMENDATION: It is recommended that the City Council:

1. Conduct a First Reading and Introduction of Ordinance No. 2475 (Attachment “A”) amending Chapter

17.37 “Heavy Trucking Uses” and Chapter 17.49 “Brownfield Overlay District” of the Montebello Municipal Code to clarify, simplify and specify the conditions and requirements for zoning compliance of heavy trucking operators in the City of Montebello and in the Brownfield Overlay District specifically and finding that the code amendment is statutorily exempt under CEQA section 15301 (existing facilities) and 15061(B)(3) (common sense exemption); and

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

REGULAR BUSINESS

9. REVIEW AND DISCUSS CITY COUNCIL AND SUCCESSOR AGENCY MEETING RULES OF CONDUCT

RECOMMENDATION: It is recommended that the City Council:

1. Review and discuss the City Council and Successor Agency meeting rules of conduct;

2. Provide direction to staff and City Attorney’s office regarding whether any updates or changes to the current rules of conduct are desired; and

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

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.

10. ADOPT RESOLUTION NO. 24-13 TO AUTHORIZE SUBMISSION OF AN APPLICATION FOR FISCAL YEAR 2024-25 TO THE METRO BUS OPERATIONS SUBCOMMITTEE FOR FEDERAL TRANSIT ADMINISTRATION SECTION 5307 - 15% DISCRETIONARY CAPITAL FUNDS AND 1% ASSOCIATED TRANSIT IMPROVEMENT FUNDS

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 24-13 to authorize submission of an application for Fiscal Year 2024-25 to the Metro Bus Operations Subcommittee for Federal Transit Administration Section 5307 - 15% Discretionary Capital Funds and 1% Associated Transit Improvement Funds; and

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

March 13, 2024: City Council Meeting Page 5 of 7

11. ADOPT RESOLUTION NO. 24-12 AUTHORIZING SUBMITTAL OF AN APPLICATIONS TO THE FEDERAL

TRANSIT ADMINISTRATION FOR FUNDING TO PURCHASE ZERO-EMISSION BUSES UNDER THE LOW

OR NO EMISSION GRANT PROGRAM AND THE GRANTS FOR BUSES AND BUS FACILITIES PROGRAM

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 24-12 authorizing the City of Montebello to submit applications to the Federal Transit Administration (FTA) to receive funding for two (2) grant programs: (i) the Low or No Emission Grant Program (“Low-No Program”) in the amount of $10,500,000; and (ii) the Grants for Buses and Bus Facilities Program (“Bus and Bus Facilities Program”) in the amount of $10,500,000 (collectively, hereinafter the “Grants”); and

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

12. APPROVE EXTENSION OF EXISTING RECRUITMENT INCENTIVES FOR QUALIFIED POLICE OFFICERS

AND POLICE DISPATCHERS

RECOMMENDATION: It is recommended that the City Council:

1. Approve extension of the existing recruitment incentives program for qualified Police Officers and Police Dispatchers and referral bonuses to current employees; and

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

13. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 3972 WITH SEBASTION WATERWORKS (DBA MR.

ROOTER) AND INCREASE THE ANNUAL NOT-TO-EXCEED AMOUNT

RECOMMENDATION: It is recommended that the City Council:

1. Approve Amendment No. 1 to Agreement No. 3972 between the City of Montebello and Sebastion Waterworks Inc., dba Mr. Rooter Plumbing to increase the not-to-exceed amount from $45,000 to $95,000; and,

2. Authorize payment for emergency cleanup of debris from catch basins at the municipal golf course by a four-fifths vote of the City Council to Mr. Rooter Plumbing for a not-to-exceed amount of $28,425; and

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

14. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 3878 WITH SHOCKWAVE ELECTRIC FOR A ONE-

YEAR TERM EXTENSION AND INCREASE OF ANNUAL NOT-TO-EXCEED AMOUNT

RECOMMENDATION: It is recommended that the City Council:

1. Approve Amendment No. 1 to Agreement 3878 between the City of Montebello and Shockwave Electric for a One (1) Year Term Extension and increase the not-to-exceed amount from $45,000 to $85,000; and

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

3. Approve by a four-fifths vote of the City Council the emergency repairs to sports field lights at Chet Holifield Park per Municipal Code Section 3.20 – Purchase System, Section 3.20.050 - Conformance with bidding procedures, subsection D; and

4. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $40,000 in Account No. 100-30- 720-6040.10 (General Fund, Public Works, Park Maintenance, Contract Services Outside Contracts); and

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

15. APPROVE AGREEMENT NO. 4168 WITH FLO-SERVICES, INC. FOR EMERGENCY REPAIRS OF THE

SEWER LIFT STATION AT NATASHA LANE

RECOMMENDATION: It is recommended that the City Council:

1. Approve by a four-fifths vote of the City Council Agreement No. 4168 with Flo-Services for emergency repairs at the Natasha Lane sewer lift station for a not-to-exceed amount of $60,000 under the authority of Municipal Code Section 3.20.050(D) - Conformance with bidding procedures; and

March 13, 2024: City Council Meeting Page 6 of 7

2. Approve the Emergency Repair and Maintenance Services to the Sewage Lift Station located at Natasha Lane per Municipal Code Section 3.20.050(D) - Conformance with bidding procedures; and

3. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $60,000 in Account No. 265-99- 330-6040.45 (Grant, Engineering, Sewer Maintenance); and

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

16. APPROVAL OF MINUTES: FEBRUARY 14, 2024, CITY COUNCIL MEETING; FEBRUARY 28, 2024, CITY

COUNCIL MEETING

RECOMMENDATION: It is recommended that the City Council:

1. Approve said Minutes as is.

17. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 24-14 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED MARCH 13, 2024

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 24-14 approving the Warrant Register dated March 13, 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

CLOSED SESSION - CONTINUED

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on March 27, 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, March 10, 2024, no later than 6:00 p.m.

Kimberly Guillen, Senior Deputy City Clerk

March 13, 2024: City Council Meeting Page 7 of 7

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 # 8

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: FIRST READING AND INTRODUCTION OF ORDINANCE NO. 2475 AMENDING CHAPTER 17.37 “HEAVY TRUCKING USES” AND
CHAPTER 17.49 “BROWNFIELD OVERLAY DISTRICT” OF THE

MONTEBELLO MUNICIPAL CODE TO CLARIFY, SIMPLIFY AND

SPECIFY THE CONDITIONS AND REQUIREMENTS FOR ZONING

COMPLIANCE OF HEAVY TRUCKING OPERATORS IN THE CITY OF

MONTEBELLO AND IN THE BROWNFIELD OVERLAY DISTRICT

DATE: March 13, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Conduct a First Reading and Introduction of Ordinance No. 2475 (Attachment “A”) amending Chapter 17.37 “Heavy Trucking Uses” and Chapter 17.49 “Brownfield Overlay District” of the Montebello Municipal Code to clarify, simplify and specify the conditions and requirements for zoning compliance of heavy trucking operators in the City of Montebello and in the Brownfield Overlay District specifically and finding that the code amendment is statutorily exempt under CEQA section 15301 (existing facilities) and 15061(B)(3) (common sense exemption); and

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

FISCAL IMPACT:

There is no fiscal impact related to the recommended actions.

BACKGROUND/DISCUSSION:

On September 23, 1989, the City Council of the City of Montebello approved Code Amendment No. 3-89 (Ordinance No. 2001 – Attachment “B”), amending Title 17

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 13, 2024

(Zoning) Index of Primary Uses of the Montebello Municipal Code (“MMC”) prohibiting the establishment of new Heavy Trucking Uses, such as truck terminals, truck transfer yards, truck storage yards, and catering truck service yards in the M-1 (Light Manufacturing) and M-2 (Heavy Manufacturing) zoning districts in the City of Montebello.

As a result of Ordinance No. 2001, which became effective on November 22, 1989, all existing Heavy Trucking Uses without a Conditional Use Permit at that time became legal non-conforming uses subject to a 20-year amortization period and subsequent abatement. In response to the issues surrounding heavy trucking uses in industrial portions of the City, in 2007, the City Council adopted Ordinance No. 2307 (Attachment “C”) establishing the Brownfield Overlay District to permit, for a period of 15 years in a specific area of the City, those heavy trucking uses in the M-2 zone that were prohibited by the 1989 MMC amendment.

The Brownfield Overlay District was created to allow certain heavy trucking uses such as truck terminals, truck transportation yards, and truck storage yards in a specific area that were previously deleted from the zoning code upon the effective date of Ordinance No. 2001 on November 22, 1989. The Brownfield Overlay District provisions set forth a sunset date of November 23, 2019, for heavy trucking uses in that area, requiring abatement of such uses unless a zoning ordinance was adopted allowing heavy trucking uses to continue or remain beyond the sunset date. Such an ordinance would cause the sunset provision to be automatically repealed and the uses in the Brownfield Overlay District to remain.

On June 22, 2011, the City Council adopted Ordinance No. 2342 (Attachment “D”), setting forth requirements and standards for the establishment and operation of new Heavy Trucking Uses and for the continued operation of existing uses throughout the City. Ordinance No. 2342 allowed the establishment and operation of Heavy Trucking Uses by right in the M-2 zone throughout the entire City and therefore triggered the automatic repeal of the sunset provision in the Brownfield Overlay District. However, the MMC was never updated to reflect this action.

ENVIRONMENTAL:

This is considered a “Project” and is categorically exempt under California Environmental Quality Act (CEQA) pursuant to (1) Section 15301 - Class 1, Section 15301 – Existing Facilities and (2) CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption where it can be seen with certainty there is no possibility that the activity in question may have a significant effect on the environment because the proposed action seeks to amend the Montebello Municipal Code to address the inconsistency in the Montebello Municipal Code between the permitted uses within the Brownfield Overlay District and the M-2 Zone and to allow the continuation of the status quo to allow heavy trucking uses, truck transfer, moving and storage, truck terminal, draying or freight, and truck transportation yard uses that have been allowed in the Brownfield Overlay District and M-2 Zone. None of the exceptions to the categorical exemptions found under CEQA Guidelines Section 15300.2 apply.

On August 15, 2023, the City of Montebello received an award for technical assistance from the EPA for an Environmental Site Assessment (“ESA”) for the former Chapin

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 13, 2024

Landfill/Brownfield Area. The ESA is intended to study and evaluate any potential impacts of proposed actions (e.g., right-of-way improvements etc.) on the environment and propose mitigations to reduce/eliminate those impacts. Tetra Tech, EPA’s preferred consultant, is currently working directly with Montebello’s Planning and Community Development Department and SCS Engineers (the City’s consultant team) on the first phase of the ESA. The first on-site visit conducted by the EPA, City, and consultants took place on January 18, 2024. As previously mentioned, there was also an outreach meeting held to educate all affected property owners/operators and provide information regarding their options to participate in this process. The outreach meeting was held on January 18, 2024. These efforts are the first step in understanding next steps associated with the need for adequate infrastructure (e.g., stormwater infrastructure) and ensure the area is free from any potential hazardous materials. This process is anticipated to take approximately twelve months to complete with a preliminary timeline beginning in January 2024 through January 2025.

ANALYSIS:

The City Council provided direction to the City Attorney’s office to draft an ordinance in collaboration with the Department of Planning and Community Development and the property owners in the Brownfield Overlay District area to clarify, simplify, and specify conditions and requirements for the Brownfield Overlay District and heavy trucking uses within the City. After a duly held public hearing on March 5, 2024, the Planning Commission adopted Resolution No. 02-24 (Attachment “E”), recommending the City Council adopt Ordinance No. 2475.

The amendments in the Ordinance include the following:

• Chapter 17.37 “Heavy Trucking Uses” – removing exemption application language for outdated exemption process for existing and new heavy trucking uses; clarifying that improvements and operating standards are mandatory. • Chapter 17.49 “Brownfield Overlay District” – updating provisions to remove sunset and abatement language repealed as a result of the enactment of Ordinance No. 2342 in 2011; updating the title of the Director of Planning and Community Development; clarifying storage requirements and penalties for non- compliance; setting a limit of four (4) maximum intermodal shipping container storage stacking or maximum of 40 feet with a 5-foot setback.

If adopted, this Ordinance will update outdated language and set forth clear and detailed guidance to heavy trucking operators, business owners, and property owners relating to required improvements and operating standards. In addition, the proposed action seeks to amend the MMC to address inconsistencies between the permitted uses within the Brownfield Overlay District and the M-2 Zone and to maintain the continuation of the status quo in allowing heavy trucking uses, truck transfer, moving and storage, truck terminal, draying or freight, and truck transportation yard uses to continue to operate in the Brownfield Overlay District and M-2 Zone.

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 13, 2024

SUMMARY:

Staff recommends that the City Council conduct a first reading and introduce Ordinance No. 2475 amending Chapter 17.37 “Heavy Trucking Uses” and Chapter 17.49 “Brownfield Overlay District” of the Montebello Municipal Code to clarify, simplify and specify the conditions and requirements for zoning compliance of heavy trucking operators in the City of Montebello and in the Brownfield Overlay District specifically and finding that the code amendment is statutorily exempt under CEQA section 15301 (existing facilities) and 15061(B)(3) (common sense exemption).

ATTACHMENT(S)

1. Attachment A - Ordinance No. 2475 - Brownfield Overlay and Heavy Trucking CC

2. Attachment B - Ordinance No. 2001 (1989)

3. Attachment C - Ordinance No. 2307 (2007)

4. Attachment D - Ordinance No. 2342 (2011)

5. Attachment E - PC_Resolution No. 02-24

NEXT STEPS:

N/A

ATTACHMENT A
ORDINANCE NO. 2475

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, AMENDING CHAPTER 17.37 “HEAVY
TRUCKING USES” AND CHAPTER 17.49 “BROWNFIELD OVERLAY
DISTRICT” OF THE MONTEBELLO MUNICIPAL CODE TO CLARIFY,

SIMPLIFY AND SPECIFY THE CONDITIONS AND REQUIREMENTS

FOR ZONING COMPLIANCE OF HEAVY TRUCKING OPERATORS IN

THE CITY OF MONTEBELLO AND IN THE BROWNFIELD OVERLAY

DISTRICT AREA SPECIFICALLY
WHEREAS, on September 23, 1989, the City Council of the City of Montebello (“City Council”) approved Code Amendment No. 3-89 (Ordinance No. 2001), amending Title 17 (Zoning) Index of Primary Uses of the Montebello Municipal Code (“MMC”) prohibiting the establishment of new Heavy Trucking Uses, such as truck terminals, truck transfer yards, truck storage yards, and catering truck service yards in the M-1 (Light Manufacturing) and M-2 (Heavy Manufacturing) zoning districts in the City of Montebello (“City”); and
WHEREAS, as a result of Ordinance No. 2001, which became effective on November 22, 1989, all existing Heavy Trucking Uses without a Conditional Use Permit at that time became legal non-conforming uses subject to a 20-year amortization period and subsequent abatement; and
WHEREAS, in 2007, the City Council adopted Ordinance No. 2307 establishing the Brownfield Overlay District to permit, for a period of 15 years in a specific area of the City, those heavy trucking uses in the M-2 zone that were prohibited by the 1989 MMC amendment; and
WHEREAS, according to MMC Section 17.49.012(A), the Brownfield Overlay District was created to allow certain heavy trucking uses such as truck terminals, truck transportation yards and truck storage yards in a specific area that were previously deleted from the zoning code upon the effective date of Ordinance No. 2001 on November 22, 1989; and
WHEREAS, Chapter 17.49 set forth a sunset date of November 23, 2019, for heavy trucking uses in the Brownfield Overlay District area requiring abatement of such uses at that time unless a zoning ordinance was adopted which would allow heavy trucking uses to continue or remain beyond the sunset date, resulting in the sunset

ORDINANCE NO. 2475

provision to be automatically repealed and the uses in the Brownfield Overlay District to remain; and
WHEREAS, on June 22, 2011, the City Council adopted Ordinance No. 2342, Code Amendment 1-11, and found that it was consistent with the regulations of the MMC, was consistent with the goals and objectives of the General Plan to be responsive to the needs of the community and promote the health, safety, and welfare of its residents, guests and visitors to the City of Montebello, and provided effective requirements and standards for the establishment and operation of new Heavy Trucking Uses and for the continued operation of the existing ones; and
WHEREAS, Ordinance No. 2342 allowed the establishment and operation of Heavy Trucking Uses by right in the M-2 zone throughout the entire City and therefore triggered the automatic repeal of the sunset provision in the Brownfield Overlay District; and
WHEREAS, on August 15, 2023, the City of Montebello received an award for technical assistance from the Environmental Protection Agency for an Environmental Site Assessment for the former Chapin Landfill/Brownfield Area to study and evaluate any potential impacts on the environment and propose mitigation measures to reduce or eliminate any potential impacts; and
WHEREAS, the Planning and Community Development Department held a community outreach meeting with the Environmental Protection Agency and property or business owners in the Brownfield Overlay District area on January 18, 2024, to understand the next steps associated with the environmental analysis of the area; and WHEREAS, an extended zoning layer, such as the Brownfield Overlay District, is typically created to permit, enhance or restrict certain activities and uses within specific areas in the City beyond that of the underlying zone tailored to the characteristics, whether environmental, economic, or social, of that area; and
WHEREAS, the City Council of the City of Montebello (“City Council”) provided direction to the City Attorney’s office to draft an ordinance in collaboration with the Department of Planning and Community Development and the property owners in the Brownfield Overlay District area to clarify, simplify, and specify conditions and requirements for the Brownfield Overlay District and heavy trucking uses within the City; and

ORDINANCE NO. 2475

WHEREAS, on March 5, 2024, the Planning Commission of the City of Montebello held a public hearing in accordance with Government Code section 65854 relating to a zoning ordinance to clarify, simplify and specify conditions and requirements for the Brownfield Overlay District and heavy trucking uses within the City; and WHEREAS, after a public hearing at its meeting on March 5, 2024, the Planning Commission of the City of Montebello adopted a Resolution recommending the adoption of this Ordinance to the City Council; and
WHEREAS, at its meeting on March 13, 2024, the City Council held a public hearing in compliance with Government Code section 65856 to receive public comment relating to the zoning ordinance presented; and
WHEREAS, pursuant to Government Code section 65857, the City Council may approve, modify, or disapprove of the recommendation of the Planning Commission, provided that any modification to the ordinance not previously considered by the Planning Commission during its hearing shall first be referred to the Planning Commission for report and recommendation; and
WHEREAS, the City Council desires to amend Chapters 17.37 “Heavy Trucking Uses” and 17.39 “Brownfield Overlay District” of the Montebello Municipal Code as set forth in this Ordinance; and

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

SECTION 1.RECITALS. The above recitals are true and correct and made part of this Ordinance.

SECTION 2. AMENDMENT. Chapter 17.37 – Heavy Trucking Uses – is hereby amended to read as follows under the Montebello Municipal Code (deletions in strikethrough and additions in double underline):

Chapter 17.37 HEAVY TRUCKING USES

17.37.010 Purpose.

The purpose of these regulations is to permit the establishment and operation of new heavy trucking uses subject to applicable operational standards and to provide mandatory improvements and operating standards for the existing heavy trucking uses subject to abatement as of November 22, 2009, with an abatement exemption contingent upon

ORDINANCE NO. 2475

compliance with to adequately regulate these uses and ensure that their operations are consistent and compatible with the areas in which they are established.

17.37.020 Definitions.

Refer to Chapter 17.08 of this code.

17.37.030 New heavy trucking uses.

A. Site Improvements and Operating Standards. All new heavy trucking uses, as defined in Chapter 17.08 of this code, that are established after the effective date of this chapter shall comply with all applicable requirements of this code and the zoning district in which the use is located in addition to the distance requirement of Section

17.37.030.B.

B. Distance Requirements.

1. Five Hundred Feet Separation Required. A new heavy trucking use, as defined in Chapter 17.08 of this code, shall not be established on any parcel or lot located within five hundred feet of any residential zone or other sensitive land use. A sensitive land use shall include (i) a public or private kindergarten, elementary, middle, junior high or high school; (ii) a licensed child-care facility or preschool other than a small or large family day care facility; (iii) playground; (iv) youth center; (v) recreational facility; (vi) park; or (vii) library.

2. How to Measure Operation. The distance between any parcel or lot used for heavy trucking uses and the residential zone or sensitive land uses detailed above shall be measured in a straight line, without regard to intervening structures, from the closest property line of the parcel or lot used for heavy trucking uses to the closest property line of the residentially zoned property, or sensitive land use.

17.37.040 Existing heavy trucking uses.

All existing heavy trucking uses at the time this chapter became becomes effective as a result of the adoption of Ordinance No. 2342 on 6-22-2011, and without an effective conditional use permit, shall be considered exempt from the abatement action of Code Amendment No. 3-89 provided that these uses make an application for exemption and complete be in compliance with the conditions and requirements listed in the notice to comply described in this Chapter. Section 17.37.040.B.2 of this section within twenty-four months of the effective date of this chapter ("compliance term"). There shall be no extensions granted to the compliance term. Any existing heavy trucking use in compliance with the conditions and requirements set forth in this Chapter shall no longer be considered a nonconforming use, as regulated by Chapter 17.54 of this code. Failure to

ORDINANCE NO. 2475

comply with the requirements of this section by any of the affected parties will result in the enforcement of an abatement order by the city.

A. Site Improvements and Operating Standards. All existing heavy trucking uses, as identified in the paragraph above, shall demonstrate compliance with applicable standards of this code and the zoning district in which the use is located, including but not limited to those regulating lighting and glare, landscaping, screening, noise, vibration, and hazardous substances. Additionally, the following standards shall apply to all applicable uses:

1. A solid decorative wall of at least eight feet in height must be constructed along all property lines abutting, or across an alley from, a residentially zoned property (except that in the required front yard setback of a residential use a three-foot decorative wall shall be constructed and additional non view- obscuring wrought iron may be placed on top of the three-foot wall). A wall shall be considered decorative if it incorporates architectural variation on its surface (i.e. slumpstone, stuccoed, split-face or similar).

2. A landscaped planter of a minimum of ten feet wide shall be required along all property lines abutting a residentially zoned property. The planter shall be fully irrigated and subject to the review and approval of a landscape and irrigation plan by the city's planning division. The landscape plan shall complement the solid eight-foot wall in providing a visual screen and physical separation from the abutting residentially zoned property and shall discourage plant materials susceptible to vermin such as ivy and vines.

3. A photometric plan shall be submitted for review and approval by the city's planning division prior to the issuance of a business license and a certificate of occupancy. The photometric plan shall show lighting levels that do not exceed 0.5 footcandles along any property lines abutting a residentially zoned property.

4. All trash areas and storage of trash/utility bins shall be located a minimum of one hundred feet from any property line shared with a residentially zoned property.

5. Any areas used for the parking of trucks, trailers, or fleet vehicles shall be located a minimum of one hundred feet from any property line shared with a residential zone. Customer or employee parking shall be permitted within the one hundred-foot buffer.

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The director, at his/her discretion, may grant specific deviations from these standards (or the standards of this code and the zoning district in which the use is located) for existing heavy trucking uses satisfying the requirements of this chapter if strict compliance with these conditions and requirements is impeded by existing physical constraints or limitations of the affected sites.

Standards, requirements. allowances and limitations established in this Section shall supersede any conflicting provisions set forth outside of this Chapter.

B. Exemption Process.

1. Application. All existing heavy trucking uses at the time of this chapter, without an effective conditional use permit, as described above, which desire to be exempt from the enforcement of the abatement action, may file a "request for exemption" (the "request") with the planning division. The request shall consist of all of the following items:
a. An "abatement exemption" application, which must include the names and signatures of both the business operator(s) and the property owner(s); and b. A plot plan of the entire subject property site showing all existing and proposed buildings and uses, landscaped areas, parking areas, storage areas, lighting, adjacent uses, and any other data as may be required by the planning division to adequately review the exemption request. c. A filing fee in the amount equal to a preliminary plan review, as established in the user fees by resolution of the Montebello City Council.

2. Review. Within fifteen working days of the date of filing a complete abatement exemption application by the applicant, planning staff shall review the plot plan, perform the required site inspection, evaluate the findings and issue a "notice to comply" listing all pertinent site improvements and operating requirements to be implemented by the applicant. If site improvements are required, planning staff shall stipulate a specific timeframe to complete the improvements and shall issue a "site improvement completion" form upon satisfactory completion of all the required operations and improvements.

3. Nonconforming Status. Any existing heavy trucking use issued a site improvement completion form as a result of this code amendment shall no longer be considered a nonconforming use, as regulated by Chapter 17.54 of this code, and as such shall not be subject to the abatement period applicable to nonconforming uses.

C.B.Intensification, Expansion. The intensification, expansion, or substantial alteration of an existing heavy trucking use will not be permitted unless all applicable requirements of this code and the zone in which the use is located are met in addition to the operation standards of Section 17.37.030.A for the

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affected areas of the proposal. The distance requirement in Section 17.37.030 shall not apply to the intensification, expansion, or substantial alteration of a heavy trucking use in existence at the time of the effective date of this chapter that is in compliance with the conditions and requirements set forth in this Chapter for existing heavy trucking uses. and qualified for an exemption from the abatement order resulting from Code Amendment 3-89.

SECTION 3. AMENDMENT. Chapter 17.49 – Brownfield Overlay District – is hereby amended to read as follows under the Montebello Municipal Code (deletions in strikethrough and additions in double underline):

Chapter 17.49 BROWNFIELD OVERLAY DISTRICT

17.49.010 Brownfield overlay district established and defined.

A. The city of Montebello establishes a Brownfield overlay district in the approximately fifty-five acre Brownfield area that was previously used as a landfill in an effort to allow and cluster certain heavy trucking uses that were deleted from the zoning code on November 22, 1989. In 2011, the adoption of Ordinance No. 2342 reversed the 1989 deletion of heavy trucking uses and set forth conditions and requirements for such uses, however, the Brownfield overlay district remains to provide additional requirements for heavy trucking uses in the specific area. caused by the adoption of Subsequent to the adoption of Ordinance No. 2001 amending the industrial development standards, no new heavy trucking uses were permitted in any zones of the city, and a twenty-year abatement period was established for the previously existing nonconforming uses.

B. The Brownfield overlay district shall be located south of the Atchison Topeka and Santa Fe railroad tracks near Maynard Road, west of the Rio Hondo Percolation Basin (Bluff Road), north of Slauson Avenue, and east from the railroad spur just to the west of Chapin Road. The specific boundaries of the Brownfield overlay district are identified on Exhibit "A," which is attached to and is made part of this chapter. An approved Brownfield overlay district will be designated on the official zoning map with a "BF" designation.

17.49.020 Purpose.

The purpose of establishingment of the Brownfield overlay district includes the following: is a short-term solution that will:

A. Allow certain heavy trucking uses, as defined in Chapter 17.37, such as truck terminals, truck transportation yards and truck storage yards that were previously deleted from the zoning code, to temporarily exist in the Brownfield area at this time;

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B. Promote the better utilization of land with minimal improvements while more in- depth environmental studies are conducted to determine the extent of the mitigation necessary for the Brownfield area;
C. Cluster certain heavy trucking uses that would not require substantial development, but only minor physical improvements that would visually improve the Brownfield area; and
D. Provide time for the city to complete its Phase II Environmental study and address all facets of the potential surface and subsurface problems in the Brownfield area, and to formulate a specific plan for the ultimate establishment of appropriate uses therein.

17.49.030 Definitions.

In addition to the definitions contained in Chapter 17.08 of this code, the following words and phrases shall, for the purposes hereof, be designated as follows, unless it is clearly apparent from the context that another meaning is intended:
"Brownfield area" means the real property consisting of approximately fifty-five acres identified on the Exhibit A at the end of this chapter, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.
"Truck terminal, draying or freight" means a facility that specializes in the transfer of freight. The terminal is not the point or the final destination of the freight. "Truck transfer, moving and storage" means a facility that may be similar to a recreational vehicle storage lot, but is intended for the storage of trucks and truck trailers overnight or for longer periods of time.
"Truck transportation yard" means a location where the trucks that are operating at a truck terminal are stored when not in use. May also be the location where trucks are stored (overnight) and then dispatched to their destination(s).

17.49.040 Permitted uses.

A. All uses and accessory uses of the underlying zone listed in Chapter 17.36 of the zoning code and Appendix A, index of primary uses shall be permitted in the Brownfield overlay district, including the uses below, except as otherwise specified in this chapter:

1. Truck terminals, draying or freight;

2. Truck transportation yards;

3. Truck transfer, moving and storage;

4. Trucking uses described under Chapter 17.37.

B. The director of planning and community economic development may deem additional uses to be permitted based on a finding that the use is similar in nature and operation to the permitted uses listed in this subsection.

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17.49.050 Prohibited uses.

A. All uses and accessory uses of the underlying zone listed in Chapter 17.36 of the zoning code and Appendix A, index of primary uses, specifically prohibited for the M-2 heavy manufacturing zoning district, shall be prohibited in the Brownfield overlay district except as otherwise specified in this chapter.

B. The director of planning and community economic development may deem additional uses to be prohibited based on a finding that the use is similar in nature, and operation to the prohibited uses listed in subsection A of this section.

17.49.060 Property development standards.

In addition to the requirements of the underlying zone and the requirements for heavy trucking uses set forth in Chapter 13.37, the following requirements shall apply to all new and existing uses allowed in the Brownfield overlay district:

A. General Requirements.

1. Except as otherwise set forth in this chapter, the development characteristics such as lot area, coverage, yards/setbacks, building heights, landscaping and parking shall be the standards of the underlying zoning designation (M-2, heavy manufacturing).

2. All signage, including banners, shall be in conformance with Chapter 17.62 of the Montebello Municipal Code.

3. All uses shall comply with the provisions of Chapter 17.32 of this code, except as specifically stated otherwise in this chapter.

4. All modifications to structures and uses proposed within shall comply with all applicable building, stormwater and fire codes and city ordinances.

5. All properties shall be maintained in a neat and orderly condition and operated in a manner so as not to be detrimental to adjacent properties and occupants.

B. Special Requirements.

1. All properties shall be screened from view from the public right-of-way to the satisfaction of the director of planning and community economic development.

2. Truck loading doors and facilities shall not front directly on a public street unless said truck loading doors and facilities are completely screened from public view by decorative masonry walls or appropriate landscape screening.

3. Truck loading doors and facilities shall be designed and located in a manner that prohibits trucks from backing in from or onto the public right-of-way.

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4. No damaged or wrecked trucks or other vehicles shall be stored for purposes other than repair. Any truck or other vehicles awaiting repair for more than thirty days shall be removed from the location or stored in an enclosed area.

5. Building facades, including accessory structures such as block walls, shall be painted and repaired where needed by the business and/or property owner.

6. A view-obscuring wall may be substituted with a maximum of eight-foot high chain link fence with metal or vinyl slats.

7. There shall be no outdoor display or storage of truck parts and supply goods for sale.

8. No inoperable vehicles, intermodal containers, parts or equipment shall be stored within the public right-of-way. Failure to comply will result in the mandatory immediate removal from the public right-of-way at the expense of the business owner and/or property owner responsible for the violation.

9. All outdoor utilities or machinery located outside the exterior walls, including roof-mounted equipment, shall be completely screened from public view, subject to the review and approval of the planning division.

10. Stacking of intermodal shipping containers on private property zoned for industrial use within the Brownfield Overlay District shall be permitted up to four (4) containers high or a maximum of 40 feet and is not subject to screening.

Stacking must have a five (5) foot setback from the property line on any side that abuts the public right-of-way.

Standards, requirements. allowances and limitations established in this Section shall supersede any conflicting provisions set forth outside of this Chapter.

The director, at his/her discretion, may grant specific deviations from these standards (or the standards of this code and the zoning district in which the use is located) for existing heavy trucking uses satisfying the requirements of this chapter if strict compliance with these conditions and requirements is impeded by existing physical constraints or limitations of the affected sites.

17.49.070 Sunset date.

A. The Brownfield overlay district is established on an interim basis only. The provisions of this chapter establishing the Brownfield overlay district and permitting the uses specified in Section 17.49.040 to exist in the Brownfield area shall only be in effect

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through November 22, 2019, (the "Sunset Date") and shall automatically be repealed as of that date unless one of the following occurs before the sunset date:

1. An ordinance enacted after the effective date of the ordinance codified in this chapter extends or repeals sunset date; or

2. The city council of the city of Montebello adopts a specific plan or other zoning ordinance, which allows the heavy trucking uses permitted by this chapter to continue or remain beyond the sunset date.

B. If neither subsection (A)(1) nor (A)(2) of this section occurs prior to the sunset date, all truck transfer, moving and storage, truck terminal, draying or freight and truck transportation yard uses in the Brownfield overlay district (and any such similar uses as may have been established pursuant to the provisions of this chapter) shall become nonconforming uses, subject to the abatement/amortization period set forth in the following Section 17.49.080.

17.49.080 Abatement/amortization period.

Except as specifically set forth otherwise in this section, the provisions of Chapter

17.54 of this code governing nonconforming uses shall apply to all truck transfer, moving and storage; truck terminal, draying or freight and truck transportation yard uses in the Brownfield overlay district (and any such similar uses as may have been established pursuant to the provisions of this chapter) as of the sunset date.

A. All truck transfer, moving and storage; truck terminal, draying or freight and truck transportation yard uses in the Brownfield overlay district (and such similar uses as may have been established pursuant to the provisions of this chapter) which have become nonconforming as of the sunset date (November 22, 2019), shall be permitted to continue such uses for a period not to exceed three years following the sunset date.

B. Following the sunset date, the director of planning and economic development shall cause official notification to be sent via certified mail to the legal property owner of record as it appears in the county tax roll, stating the nonconforming status of such truck transfer, moving and storage; truck terminal, draying or freight; truck transportation yard or such similar business use on the property, as well as the start date of the abatement/amortization period. If the operator of such truck transfer, moving and storage; truck terminal, draying or freight; truck transportation yard or such similar business use is different from that of the legal property owner, additional notification shall be sent to the business operator by certified mail. Failure to issue such a notice shall not prejudice the city's rights to subsequently issue a written order of abatement pursuant to Chapter 17.54 of this code or to subsequently require compliance with the then-applicable laws of the city.

C. On November 22, 2022, the conclusion of the three year abatement/amortization period set forth in this section, all nonconforming truck transfer, moving and storage; truck terminal, draying or freight and truck transportation yard uses in the Brownfield overlay district (and any such similar uses as may have been

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established therein pursuant to the provisions of this chapter) shall cease operation.

SECTION 4. CEQA COMPLIANCE. This is considered a “Project” and is categorically exempt under California Environmental Quality Act (CEQA) pursuant to (1) Section 15301 - Class 1, Section 15301 – Existing Facilities and (2) CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption where it can be seen with certainty there is no possibility that the activity in question may have a significant effect on the environment because the proposed action seeks to amend the Montebello Municipal Code to address the inconsistency in the Montebello Municipal Code between the permitted uses within the Brownfield Overlay District and the M-2 Zone and to allow the continuation of the status quo to allow heavy trucking uses, truck transfer, moving and storage, truck terminal, draying or freight, and truck transportation yard uses that have been allowed in the Brownfield Overlay District and M-2 Zone. None of the exceptions to the categorical exemptions found under CEQA Guidelines Section 15300.2 apply.

SECTION 5. CONSISTENT WITH GENERAL PLAN. The City Council finds that the amendments being made to the Brownfield Overlay District conditions, standards and requirements as well as the amendments being made to the conditions, standards and requirements of heavy trucking uses within the M-2 zones of the City are consistent with the objectives and policies of the General Plan in that the General Plan seeks to propose and implement practices which are responsive to the needs of the community. The proposed amendments with provide clarification and simplification of required standards and conditions to be in compliance with City regulations for the heavy trucking companies and properties located within the Brownfield Overlay District and throughout the City that are vital to the economy of the City. These amendments will also facilitate further environmental review of the Brownfield Overlay District area, a place that was once a landfill, and will encourage cooperation with business and property owners together with the City should any mitigation requirements be found after such study. There will be no change in zones or zoning boundaries, all permitted uses in the Brownfield Overlay District and M-2 zones related to heavy trucking are suitable and consistent with the areas within the City. Additionally, the proposed amendments are not likely to cause any serious public health or welfare problems and will not conflict with any other uses within the City.

SECTION 6. SEVERABILITY. If any action, subsection, line, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid or unconstitutional, either facially or as applied, by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every individual section, subsection, line, sentence, clause, phrase, or word without regard to any such decision.

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SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after approval by the City Council.

SECTION 8. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted according to law.

PASSED, APPROVED, AND ADOPTED 27TH DAY OF MARCH 2024.
_______________________________
Scarlet Peralta, Mayor
ATTEST:
_______________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
_______________________________
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 13 th day of March 2024, and was adopted by the City Council of the City of Montebello at its meeting held on the 27th day of March, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Christopher Jimenez, City Clerk

ATTACHMENT B

ORDINANCE NO 2307
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTEBELlO, CALIFORNIA, AMENDING TITLE 17 ( ZONING) OF THE MONTEBELLO

MUNICIPAL CODE TO ESTABLISH AN OVERLAY DISTRICT PERMITTING

CERTAIN HEAVY TRUCKING USES IN THE BROWNFIELD AREA SUBJECT

TO A SUNSET DATE
Case No: Code Amendment 1- 07
Applicant: City Initiated
Location: South of the Atchison Topeka and Santa Fe railroad tracks near Maynard Road, west of the Rio Hondo
Percolation Basin ( Bluff Road), north of Slauson
Avenue, and east from the railroad spur just to the
west of Chapin Road.

WHEREAS, in 1989, the City Council of the City of Montebello ( the " Council") passed Ordinance No. 2001 amending the Industrial Development Standards of Title 17 of the Montebello Municipal Code ( the " Code") to prohibit heavy trucking uses ( such as Truck Terminals, Truck Transportation Yards and Truck Storage) in all zones in the City of Montebello ( the " City"); and
WHEREAS, the heavy trucking uses in existence at the time Ordinance No. 2001 was passed were allowed to continue operating as non- conforminguses, subject to a 20- year abatement period which is due to expire on November 22, 2009; and WHEREAS, an area encompassing approximately 55 acres in the M-2 ( Heavy- Manufacturing) district of the City, formerly used as a landfill and classified as a Brownfield area, is currently undergoing a Phase II Environmental Assessment study to determine the extent and nature of underground contamination existing therein; and WHEREAS, City staff had identified the 55 acre Brownfield area as a potentially suitable site for heavy trucking uses that are subject to the abatement period and similar types of business to occupy on an interim basis, provided such uses engage in minimal physical development; and
WHEREAS, the Council proposes to establish an Overlay District in the Brownfield area, ( the " Brownfield Overlay DistricY'), to allow certain heavy trucking uses that are subject to the abatement period and similar types of businesses to operate as permitted uses on a temporary basis in the Brownfield area, until such time that the City completes the environmental studies, performance of mitigation or remediation measures ( if necessary) and adoption of a Specific Plan for the Brownfield area; and WHEREAS, the Council finds that the establishment of provisions governing the property development standards in the Brownfield Overlay District are necessary in order to:

A. Allow certain heavy trucking uses that were previously deleted from the Zoning Code, but have been deemed appropriate in the proposed Brownfield Overlay District at this time; and
B. Promote the better utilization of land, by permitting uses that require only minimal physical improvements while more in- depthenvironmental studies are conducted to determine the extent of the remediation necessary for the Brownfield area; and
C. Cluster heavy trucking uses that would not require substantial development, but only minor physical improvements that would visually improve the Brownfield area; and
1 ATTACHMENT C

D. Provide time for the City to address all facets of any surtace and subsurface problems in the study area and to formulate a Specific Plan for the establishment of appropriate uses in the Brownfield area; and WHEREAS, the Montebello Planning Commission ( the " Commission") conducted a duly noticed public hearing on May 15, 2007, which was continued to June 5, 2007,and then to June 19, 2007 concerning this Ordinance, the Initial Study of Environmental Impacts and the Negative Declaration; and
WHEREAS, the Commission determined that the adoption of the proposedOrdinance will not have a significant impact on the environment as evidenced in the Initial Study of Environmental Impacts, and recommended that the Council adopt and certify the Negative Declaration as adequate; and
WHEREAS, the Commission recommended that the Council adopt the proposedOrdinance after further determining that the proposed Ordinance: ( 1) was consistent with the regulations of the Montebello Municipal Code; ( 2) was consistent with the goalsand objectives of the General Plan to be responsive to the needs of the community and promote the orderly development of land uses throughout the City as stipulated by Goal No.1 in the Land Use element of the General Plan as well as the South Montebello Redevelopment Project Area; ( 3) provided effective guidelines and requirements for the establishment and adoption of the Brownfield Overlay District and the proposed uses to be permitted therein; and ( 4) further protected the general peace, health, safety, andwelfare of the community; and WHEREAS, the Council conducted a public hearing to consider the proposedOrdinance establishing the Brownfield Overlay District, the Initial Study of Environmental Impacts and the Negative Declaration prepared and posted pursuant to the California Environmental Quality Act.

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

SECTION 1: That the findings in the foregoing recitals are hereby adopted as part of this Ordinance.

SECTION 2: Based on the entire record before the Council and all written and oral evidence presented, the Council finds that the proposed Ordinance complies with CEQA and hereby adopts the Negative Declaration for the following reasons:

A. The Initial Study and Negative Declaration were prepared and posted for the proposed Code Amendment containing a complete and accurate reporting of the environmental impacts associated with the proposed code amendment. The documents have been completed in compliance with the City adopted CEQA and the State CEQA Guidelines.

B. The Initial Study and Negative Declaration prepared for the proposedCode amendment reflect the independent judgment of the City Council.

C. As the decision making body for the proposed Code Amendment, the CityCouncil reviewed and considered the information contained in the Initial Study, Negative Declaration, and administrative record prior to approvingthe proposed Code Amendment.

D. All environmental impacts of the proposed Code Amendment are insignificant. There is no substantial evidence in the record supporting a fair argument that the proposed Code Amendment will result in significant impacts.

E. The proposed Code Amendment will not result in any changes to the following resources: ( 1) riparian land, rivers, streams, watercourses and wetlands; ( 2) native and non- native plant life and the soil required to sustain habitat for fish and wildlife; ( 3) rare and unique plant life and 2

ecological communities dependant on plant life; (4) listed threatened and endangered plants and animals and the habitat in which they are believed to reside; ( 5) all species listed as protected or identified for special management in the Fish and Game Code, the Public Resources Code, the Water Code or regulations adopted thereunder; ( 6) all marine and terrestrial species subject to the jurisdiction of the Department of Fish and Game and the ecological communities in which they reside; and ( 7) all air and water resources, the degradation of which will individually or cumulatively result in a loss of biological diversity among the plants and animals residing in that air and water."
SECTION 3. That a new Chapter 17. 49 is hereby added to Title 17 ( Zoning) of the Montebello Municipal Code which Chapter shall read as follows:

Chapter 17. 49

BROWNFIELD OVERLAY DISTRICT

17. 49.010 Brownfield Overlay District Established and Defined.

17. 49.020 Purpose.

17. 49.030 Definitions.

17. 49.040 Permitted Uses.

17. 49.050 Prohibited Uses.

17. 49.060 Property Development Standards.

17. 49.070 Sunset Date.

17. 49.080 AbatemenUAmortization Period.

17. 49.010 Brownfield Overlay District Established and Defined.

A. The City of Montebello hereby establishes a Brownfield Overlay District in the approximately 55- acre Brownfield Area that was previously used as a landfill in an effort to allow and cluster certain heavy trucking uses that were deleted from the Zoning Code on November 22, 1989. Subsequent to the adoption of Ordinance No. 2001 amending the Industrial Development Standards, no new heavy trucking uses were permitted in any zones of the City, and a 20- year abatement period was established for the previously existing nonconforming uses.

B. The Brownfield Overlay District shall be located south of the Atchison Topeka and Santa Fe railroad tracks near Maynard Road, west of the Rio Hondo Percolation Basin ( Bluff Road), north of Slauson Avenue, and east from the railroad spur just to the west of Chapin Road. The specific boundaries of the Brownfield Overlay District are identified on Exhibit " A," which is attached to and is made part of this Ordinance. An approved Brownfield Overlay District will be designated on the official zoning map with a BF" designation.

17. 49.020 Purpose.

The establishment of the Brownfield Overlay District is a short- term solution that will:

A. Allow certain heavy trucking uses such as truck terminals, truck transportation yards and truck storage yards that were previously deleted from the Zoning Code, to temporarily exist in the Brownfield Area at this time;
B. Promote the better utilization of land with minimal improvements while more in- depth environmental studies are conducted to determine the extent of the mitigation necessary for the Brownfield Area; C. Cluster certain heavy trucking uses that would not require substantial development, but only minor physical improvements that would visually improve the Brownfield Area; and
3

D. Provide time for the City to complete its Phase II Environmental study and address all facets of the potential surface and subsurface problems in the Brownfield Area, and to formulate a Specific Plan for the ultimate establishment of appropriate uses therein.

17. 49.030 Definitions.

In addition to the definitions contained in Chapter 17. 08 of this Code, the following words and phrases shall, for the purposes hereof, be designated as follows, unless it is clearly apparent from the context that another meaning is intended:

Brownfield Area" means the real property consisting of approximately 55 acres identified on the attached Exhibit A, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.

Truck Terminal, Draying or FreighY' means a facility that specializes in the transfer of freight. The terminal is not the point or the final destination of the freight.

Truck Transportation Yard" means a location where the trucks that are operating at a truck terminal are stored when not in use. May also be the location where trucks are stored ( overnight) and then dispatched to their destination(s).

Truck Transfer, Moving and Storage" means a facility that may be similar to a recreational vehicle storage lot, but is intended for the storage of trucks and truck trailers overnight or for longer periods of time.

17. 49.040 Permitted Uses.

A. All uses and accessory uses of the underlying zone listed in Chapter 17. 36 of the Zoning Code and Appendix A, Index of Primary uses shall be permitted in the Brownfield Overlay District, including the uses below, except as otherwise specified in this Chapter.

1. Truck Terminals, Draying or Freight

2. Truck Transportation Yards

3. Truck Transfer, Moving and Storage
B. The Director of Planning & Economic Development may deem additional uses to be permitted based on a finding that the use is similar in nature and operation to the permitted uses listed in this subsection.

17. 49.050 Prohibited Uses.

A. All uses and accessory uses of the underlying zone listed in Chapter 17. 36 of the Zoning Code and Appendix A, Index of Primary uses, specifically prohibited for the M-2 Heavy Manufacturing zoning district, shall be prohibited in the Brownfield Overlay District except as otherwise specified in this Chapter.

B. The Director of Planning & Economic Development may deem additional uses to be prohibited based on a finding that the use is similar in nature, and operation to the prohibited uses listed in Subsection 17. 49.050 A.

17. 49.060 Property Development Standards.

In addition to the requirements of the underlying zone, the following requirements shall apply to all new uses allowed in the Brownfield Overlay District:

A. General Requirements.

1. Except as otherwise set forth in this Chapter, the development characteristics such as lot area, coverage, yards/ setbacks, building 4

heights, landscaping and parking shall be the standards of the underlying zoning designation ( M-2, Heavy Manufacturing).

2. All signage, including banners, shall be in conformance with Chapter

17. 62 of the Montebello Municipal Code.

3. All uses shall comply with the provisions of Chapter 17. 32 of this Code, except as specifically stated otherwise in this Chapter.

4. All modifications to structures and uses proposed within shall comply with all applicable building, stormwater and Fire Codes and City ordinances.

5. All properties shall be maintained in a neat and orderly condition and operated in a manner so as not to be detrimental to adjacent properties and occupants.

B. Special Requirements.

1. All properties shall be screened from view from the public right- of-way to the satisfaction of the Director of Planning & Economic Development.

2. Truck loading doors and facilities shall not front directly on a public street unless said truck loading doors and facilities are completely screened from public view by decorative masonry walls or appropriate landscape screening.

3. Truck loading doors and facilities shall be designed and located in a manner that prohibits trucks from backing in from or onto the public right- of- way.

4. No damaged or wrecked trucks or other vehicles shall be stored for purposes other than repair. Any truck or other vehicles awaiting repair for more than 30 days shall be removed from the location or stored in an enclosed area.

5. Building facades, including accessory structures such as block walls, shall be painted and repaired where needed by the business and/or property owner.

6. A view- obscuring wall may be substituted with a maximum of eight (8) foot high chain link fence with metal or vinyl slats.

7. There shall be no outdoor display or storage of truck parts and supply goods for sale.

8. No inoperable vehicles shall be stored within the public right- of-way.

9. All outdoor utilities or machinery located outside the exterior walls, including roof- mounted equipment, shall be completely screened from public view, subject to the review and approval of the Planning Division.

17. 49.070 Sunset Date.

A. The Brownfield Overlay District is established on an interim basis only. The provisions of this Chapter 17. 49 of the Code establishing the Brownfield Overlay District and permitting the uses specified in Section 17. 49.040 to exist in the Brownfield Area shall only be in effect through November 22, 2019, ( the " Sunset Date") and shall automatically be repealed as of that date unless one of the following occurs before the Sunset Date:

1. An ordinance enacted after the effective date of this ordinance extends or repeals Sunset Date; or
5

2. The City Council of the City of Montebello adopts a Specific Plan or other zoning ordinance, which allows the heary trucking uses permitted by this Chapter to continue or remain beyond the Sunset Date.

B. If neither 1 nor 2 occurs prior to the Sunset Date, all Truck Transfer, Moving and Storage, Truck Terminal, Draying or Freight and Truck Transportation Yard uses in the Brownfield Overlay District ( and any such similar uses as may have been established pursuant to the provisions of this Chapter 17.49) shall become nonconforming uses, subject to the abatemenUamortization period set forth in the following Section

17. 49.080.

17. 49.080 AbatemenUAmortization Period.

Except as specifically set forth otherwise in this Section, the provisions of Chapter 17. 54 of this Code governing nonconforming uses shall apply to all Truck Transfer, Moving and Storage; Truck Terminal, Draying or Freight and Truck Transportation Yard uses in the Brownfield Overlay District ( and any such similar uses as may have been established pursuant to the provisions of this Chapter 17.49) as of the Sunset Date.

A. All Truck Transfer, Moving and Storage; Truck Terminal, Draying or Freight and Truck Transportation Yard uses in the Brownfield Overlay District ( and such similar uses as may have been established pursuant to the provisions of this Chapter 17.49) which have become nonconforming as of the Sunset Date November 22, 2019), shall be permitted to continue such uses for a period not to exceed three ( 3) years following the Sunset Date.

B. Following the Sunset Date, the Director of Planning & Economic Development shall cause official notification to be sent via certified mail to the legal property owner of record as it appears in the County tax roll, stating the nonconforming status of such Truck Transfer, Moving and Storage; Truck Terminal, Draying or Freight; Truck Transportation Yard or such similar business use on the property, as well as the start date of the abatemenUamortization period. If the operator of such Truck Transfer, Moving and Storage; Truck Terminal, Draying or Freight; Truck Transportation Yard or such similar business use is different from that of the legal properry owner, additional notification shall be sent to the business operator by certified mail. Failure to issue such a notice shall not prejudice the City's rights to subsequently issue a written order of abatement pursuant to Chapter 17. 54 of this Code or to subsequently require compliance with the then- applicable laws of the City.

C. On November 22, 2022, the conclusion of the three ( 3) year abatemenUamortization period set forth in this Section 17. 49.080, all nonconforming Truck Transfer, Moving and Storage; Truck Terminal, Draying or Freight and Truck Transportation Yard uses in the Brownfield Overlay District and any such similar uses as may have been established therein pursuant to the provisions of this Chapter 17.49) shall cease operation.

SECTION 4. Appendix A( Index of Primary Uses) to Title 17 ( Zoning) of the Montebello Municipal Code is hereby amended to read as follows:

USE
ZONE
R= Use b ri ht; C= Conditional Use Permit
R- A R-1 R-2 R3 R-4 C- R C-1 G2 C- M M-1 M-2
Transfer Movin & Stora e~ R56
Truck Terminals Dra in or Frei ht
5'
R
5'
Truck Trans ortation YardSB R
5e
SECTION 5. The following footnote numbers 56, 57 and 58 are hereby added to the " Footnotes for Appendix A" (Index of Primary Uses) to read as follows:
6

56. Transfer, Moving & Storage prohibited in all zones effective 11/ 22/89; twenty ( 20) year abatement period expires on 11/ 22/09. Exceotion: As of September 22, 2007, Truck Transfer, Moving & Storage is a permitted use by right only in the Brownfield Overlay District; subject to a November 22, 2019 Sunset Date and a three ( 3) year abatemenUamortization period.

See Chapter 17. 49.

57. Truck Terminals, Draying or Freight prohibited in all zones effective 11/ 22/89; twenty ( 20) year abatement period expires on 11/ 22/09.

Exceation: As of September 22, 2007, Truck Terminals, Draying or Freight are permitted uses by right only in the Brownfield Overlay District, subject to a November 22, 2019 Sunset Date and a three ( 3) year abatemenUamortization period. See Chapter 17. 49.

58. Truck Transportation Yards prohibited in all zones effective 11/ 22/89; twenty ( 20) year abatement period expires on 11/ 22/09. Exception: As of September 22, 2007, Truck Transportation Yards are permitted uses by right only in the Brownfield Overlay District; subject to a November 22, 2019 Sunset Date and a three ( 3) year abatemenUamortization period.

See Chapter 17. 49.

SECTION 6. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional.

SECTION 7. This Ordinance shall take effect thirty ( 30) days after its final passage by the City Council.

SECTION 8. The City Clerk of the City of Montebello is hereby directed to certify the passage and adoption of this Ordinance and to cause it to be published or posted as required by law.

First read at a regular meeting of the City Council held on the 8th day of August , 2007 and adopted and ordered published at a regular meeting of said Council held on the 22nd day of Auaust , 2007.

ATTEST:
l~ '
Robert J. K ng, City erk
4~ W,.`. ~ ~~~
Norm Lopez-Reid, Mayor
APPROVED AS TO FORM:

J. Arnoldo Beltran, City Attorney
7

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EXHIBIT " A"

ORDINANCE NO. 2342

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO AMENDING TITLE 17 OF THE MONTEBELLO
MUNICIPAL CODE ( MMC) TO ( 1) PERMIT CERTAIN HEAVY
TRUCKING USES IN THE M- 1 AND M- 2 ZONING DISTRICTS, ( 2) ADD CHAPTER 17. 37 ESTABLISHING APPLICABLE OPERATIONAL
STANDARDS FOR THESE USES, AND ( 3) PROVIDE THOSE HEAVY

TRUCKING USES FOUND TO BE SUBJECTTO ABATEMENT ATTHE

TIME OF ADOPTION OF THIS ORDINANCE WITH AN ABATEMENT

EXEMPTION CONTINGENT UPON COMPLIANCE WITH MANDATORY

PROPERTY IMPROVEMENTS AND OPERATING STANDARDS
Case No: Code Amendment 1- 11
Applicant: City Initiated
Location: Citywide in the M- 1 and M-2 Zoning Districts WHEREAS, on September 23, 1989, the City Council of the City of Montebello ( the City Council") approved Code Amendment No 3-89 (Ordinance No 2001), amending portions of Article IX of the Montebello Municipal Code (" MMC"), currently Title 17 (Zoning) of the MMC, relating to industrial development standards, including definitions, parking lot regulations relating to those standards and amending the Index of Primary Uses, and WHEREAS, the 1989 Zoning Code amendment to the Index of Primary Uses prohibited the establishment of new Heavy Trucking Uses, such as truck terminals, truck transfer yards, truck storage yards, and catering truck service yards in the M-1 (Light Manufacturing) and M-2 (Heavy Manufacturing) zoning districts in the City; and WHEREAS, on November 22, 1989, Code Amendment 3- 89 became effective and as result all existing Heavy Trucking Uses without a Conditional Use Permit ("CUP") at that time became legal non -conforming uses subject to a 20 -year amortization period and subsequent abatement pursuant to the provisions of Chapter 17 54 of the MMC, and WHEREAS, the abatement period ended on November 22, 2009 and the aforementioned Heavy Trucking Uses became subject to abatement at that time, and WHEREAS, the City Council in 2006 and 2009 held study sessions on the imminent ending of the amortization period and the ensuing potential abatement of specific Heavy Trucking Uses and the City Council expressed its concerns about both the ongoing negative impacts created by the continued operation of these uses and the impacts that the enforcement of the abatement of these uses could create on the City' s economy; and WHEREAS, on October 14, 2009 the City Council, after consideration of Planning staff' s findings on the identified 30 Heavy Trucking Uses subject to abatement, approved a temporary stay of enforcement of the pending abatement and subsequently directed staff to conduct neighborhood meetings with the affected business, property owners and residents to discuss the implications of the pending abatement and to gather information from these parties to assist the City Council in its decision concerning the abatement; and WHEREAS, Planning staff, after having duly notified all affected parties, conducted three neighborhood meetings to obtain their input on the pending abatement; and WHEREAS, Planning staff, upon completion of the neighborhood meetings analyzed and evaluated the record of this case, the input from the City Attorney, the findings from field observations, and the input received from the businesses, property owners, and residents affected by the pending abatement, held two public study sessions with the Planning Commission on December 21, 2010, and January 18, 2011, and

ATTACHMENT D

WHEREAS, the Planning Commission, after considering staffs input and public comments, recommends that the City Council consider allowing the affected uses to be exempt from the abatement action contingent upon meeting certain mandatory property improvements and operating standards; and
WHEREAS, in order to exempt the affected uses from abatement, these uses had to be reestablished in the M- 1 and M-2 zoning districts, the Planning Commission further determined to recommend to the City Council to consider allowing Heavy Trucking Uses either by right or with a CUP; and
WHEREAS, on February 9, 2011, at a study session, the City Council, after consideration of Planning staffs input, Planning Commission' s recommendations and public input, determined that all of the affected uses be exempt from the pending abatement contingent upon their compliance within a reasonable timeframe with certain mandatory regulations and requirements; and
WHEREAS, on the same date, the City Council further determined to allow the establishment and operation of Heavy Trucking Uses by right subject to compliance with specific property improvements and operating standards and directed Planning staff to promptly initiate the required amendment to the MMC to implement said determinations, and
WHEREAS, on May, 3, 2011, the Planning Commission conducted a duly noticed public hearing on the proposed Code Amendment 1- 11, contained herein, at which time the Planning Commission considered all oral and written testimony and determined to recommend that the City Council adopt the Negative Declaration and approve the proposed Code Amendment after further determining that the proposed Code Amendment:
1) was consistent with the regulations of the Montebello Municipal Code, ( 2) was consistent with the goals and objectives of the General Plan to be responsive to the needs of the community and promote the health, safety, and welfare of residents, guests, and visitors to the City of Montebello, and ( 3) provided effective requirements and standards for the establishment and operation of new Heavy Trucking Uses and for the continued operation of the existing ones; and
WHEREAS, on June 8, 2011, the City Council conducted a duly noticed public hearing and considered staff' s input, the Planning Commission' s recommendations, and public comments on the proposed Code Amendment.

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

SECTION 1. The City Council finds and determines the foregoing recitals to be true and correct and hereby makes them part of this Ordinance SECTION 2. CEQA Finding. Based on the entire record before the City Council, and all written and oral evidence presented, including the Planning Commission' s recommendation, the City Council finds that the proposed Ordinance complies with the California Environmental Quality Act ( CEQA), and hereby acknowledges the Environmental Initial Study prepared by staff, and adopts the Negative Declaration.

SECTION 3. CHAPTER 17. 08, DEFINITIONS, IS HEREBY AMENDED TO ADD THE FOLLOWING SECTIONS:
17 08. 132. Catering Truck Service Yard ( Heavy Trucking). " Catering Truck Service Yard" means a facility that allows for the overnight storage of catering/ lunch trucks, ice cream trucks, or similar type of vehicles, and may include a commissary, wash racks, and maintenance facilities.
2 of 7

17. 08. 776. Truck Washing and Cleaning ( Heavy Trucking). " Truck Washing and Cleaning" means a facility where trucks, truck trailers, recreational vehicles, and other similar vehicles can be taken to be washed All vehicles washed leave the facility shortly afterwards, and are not stored at the facility overnight.

17. 08. 777. Truck/ RV Storage Yard ( Heavy Trucking). " Truck Storage Yard" means a facility intended for the storage of trucks, truck trailers, recreational vehicles, and other similar vehicles from different owners for storage overnight, or longer periods of time.

Independent truck drivers and recreational vehicle owners are able to store their vehicle at suchafacility Accessorywashingfacilitiesarepermittedforvehiclesstoredatthefacility

17. 08. 778. Truck Terminals, Draying, or Freight ( Heavy Trucking). " Truck Terminals, Draying, or Freight" means a storage and distribution facility that specializes in the transfer of freight, but excludes trucking accessory to another business. Typically, a truckload of goods will arrive at the truck terminal, empty the load of goods onto the loading dock area/ cross dock, and the goods will be redistributed to other trucks where the goods will be shipped out to other destinations within a short period of time. The terminal is not the point of origin or the final destination of the freight. It includes transportation establishments furnishing services incidental to air, motor freight, and rail transportation including:

A. Freight forwarding services
B Freight terminal facilities
C Joint terminal and service facilities
D Packing, crating, inspection and weighing services
E. Postal service bulk mailing distribution centers
F Transportation arrangement services
G Trucking facilities, including moving, transfer and storage

17. 08. 779. Truck Transportation Yard ( Heavy Trucking). ' Truck Transportation Yard" means a location where trucks that are operating a truck terminal are stored when not in use, and may include maintenance facilities. It may also be the location where a fleet of trucks are stored ( overnight) and dispatched to other facilities for construction services, maintenance services, or the loading and distribution of freight. Such uses include but are not limited to solid waste hauling operations, street sweeping services, and the like
SECTION 4. CHAPTER 17. 34 IS HEREBY AMENDED AS FOLLOWS:

17. 34. 020. Permitted Uses. Uses permitted in the light manufacturing ( M- 1) zone generally include all uses in the C -M zone as well as light manufacturing and automotive - related uses. Industrial and equipment services are also permitted.

SECTION 5. CHAPTER 17. 36 IS HEREBY AMENDED AS FOLLOWS:

17. 36. 020. Permitted Uses. The uses permitted in the heavy manufacturing ( M-2) zone generally include all uses permitted in the M-1 zone as well as the heavier manufacturing uses.

SECTION 6. CHAPTER 17. 37 IS HEREBY ADDED TO THE MONTEBELLO MUNICIPAL CODE TO READ AS FOLLOWS:
3 of 7

Chapter 17. 37

HEAVY TRUCKING USES
Sections:

17. 37. 010 Purpose.

17. 37. 020 Definitions.

17. 37. 030 New Heavy Trucking Uses.

17. 37. 040 Existing Heavy Trucking Uses.

17. 37. 010 Purpose.

The purpose of these regulations is to permit the establishment and operation of new Heavy Trucking Uses subject to applicable operational standards and to provide the existing Heavy Trucking Uses subject to abatement as of November 22, 2009, with an abatement exemption contingent upon compliance with mandatory improvements and operating standards to adequately regulate these uses and ensure that their operations are consistent and compatible with the areas in which they are established

17. 37. 020 Definitions. Refer to Chapter 17 08 of this Code.

17. 37. 030 New Heavy Trucking Uses.

A. Site improvements and operating standards.

All new Heavy Trucking Uses, as defined in Chapter 17 08 of this Code, that are established after the effective date of this Ordinance shall comply with all applicable requirements of this Code and the zoning district in which the use is located in addition to the distance requirement of Section 17. 37 030. 6
B Distance requirements.
1 500 feet separation required. A new Heavy Trucking Use, as defined in Chapter 17 08 of this Code, shall not be established on any parcel or lot located within 500 feet of any residential zone or other sensitive land use. A sensitive land use shall include ( i) a public or private kindergarten, elementary, middle, junior high or high school; ii) a licensed child- care facility or preschool other than a small or large family day care facility; ( iii) playground, ( iv) youth center; ( v) recreational facility; ( vi) park; or ( vii) library

2. How to measure operation. The distance between any parcel or lot used for Heavy Trucking Uses and the residential zone or sensitive land uses detailed above shall be measured in a straight line, without regard to intervening structures, from the closest property line of the parcel or lot used for Heavy Trucking Uses to the closest property line of the residentially zoned property, or sensitive land use

17. 37. 040 Existing Heavy Trucking Uses.

All existing Heavy Trucking Uses at the time this Ordinance becomes effective, and without an effective Conditional Use Permit, shall be considered exempt from the abatement action of Code Amendment No 3- 89 provided that these uses make an application for exemption and complete the conditions and requirements listed in the Notice To Comply described in Section 17. 37 040. 13.2 of this Section within 24 months of the effective date of this Ordinance (" Compliance Term"). There shall be no extensions granted to the Compliance Term. Failure to comply with the requirements of this Section by any of the affected parties will result in the enforcement of an abatement order by the City
4 of 7

A. Site Improvements and Operating Standards
All existing Heavy Trucking Uses, as identified in the paragraph above, shall demonstrate compliance with applicable standards of this Code and the zoning district in which the use is located, including but not limited to those regulating lighting and glare, landscaping, screening, noise, vibration, and hazardoussubstances. Additionally, the following standards shall apply to all applicable uses:
1 A solid decorative wall of at least 8 feet in height must be constructed along all property lines abutting, or across an alley from, a residentially zoned property except that in the required front yard setback of a residential use a three- foot decorative wall shall be constructed and additional non view -obscuringwrought iron may be placed on top of the three- foot wall). A wall shall be considered decorative if it incorporates architectural variation on its surface ( i.e slumpstone, stuccoed, split -face or similar).

2. A landscaped planter of a minimum of 10 feet wide shall be required alongall propertylinesabuttinga residentiallyzoned property The plantershall be fully irrigated and subject to the review and approval of a landscape & irrigation plan by the City's Planning Division. The landscape plan shall complement the solid eight -foot wall in providing a visual screen and physical separation from the abutting residentially zoned property and shall discourage plant materials susceptible to vermin such as ivy and vines - 3 A photometric plan shall be submitted for review and approval by the City's Planning Division prior to the issuance of a business license and a Certificate of Occupancy The photometric plan shall show lighting levels that do not exceed 0 5 footcandles along any property lines abutting a residentially zoned property 4 All trash areas and storage of trash/ utility bins shall be located a minimum of 100 feet from any property line shared with a residentially zoned property 5 Any areas used for the parking of trucks, trailers, or fleet vehicles shall be located a minimum of 100 feet from any property line shared with a residential zone.

Customer or employee parking shall be permitted within the 100 -foot buffer The Director, at his/her discretion, may grant specific deviations from these standards ( orthe standards of this Code and the zoning district in which the use is located) for existing heavy trucking uses satisfying the requirements of this Chapter if strict compliance with these conditions and requirements is impeded by existing physical constraints or limitations of the affected sites.

B Exemption Process.
1 Application. All existing Heavy Trucking Uses at the time of this Ordinance, without an effective Conditional Use Permit, as described above, which desire to be exempt from the enforcement of the abatement action, may file a " Request for Exemption" ( the " Request") with the Planning Division. The Request shall consist of all of the following items.
a. An " Abatement Exemption" application, which must include the names and signatures of both the business operator( s) and the property owner( s); and
b A Plot Plan of the entire subject property site showing all existing and proposed buildings and uses, landscaped areas, parking areas, storage areas, lighting, adjacent uses, and any other data as may be required by the Planning Division to adequately review the exemption request.

C. A Filing Fee in the amount equal to a Preliminary Plan Review, as established in the User Fees by Resolution of the Montebello City Council. 5 of 7

2. Review Within 15 working days of the date of filing a complete Abatement Exemption application by the Applicant, Planning staff shall review the Plot Plan, perform the required site inspection, evaluate the findings and issue a " Notice to Comply" listing all pertinent site improvements and operating requirements to be implemented by the Applicant. If site improvements are required, Planning staff shall stipulate a specific timeframe to complete the improvements and shall issue a " Site Improvement Completion" form upon satisfactory completion of all the required operations and improvements.

3. Nonconforming Status. Any existing Heavy Trucking Use issued a Site Improvement Completion Form as a result of this Code amendment shall no longer be considered a nonconforming use, as regulated by Chapter 17 54 of this Code, and as such shall not be subject to the abatement period applicable to nonconforming uses.

B Intensification, Expansion
The intensification, expansion, or substantial alteration of an existing Heavy Trucking Use will not be permitted unless all applicable requirements of this Code and the zone in which the use is located are met in addition to the operation standards of Section

17. 37 030( A) for the affected areas of the proposal. The distance requirement in Section

17. 37 030 shall not apply to the intensification, expansion, or substantial alteration of a Heavy Trucking Use in existence at the time of the effective date of this Ordinance and qualified for an exemption fromthe abatement order resultingfrom Code Amendment 3-89 SECTION 7. APPENDIX A, ENTITLED " INDEX OF PRIMARY USES," OF TITLE 17 IS HEREBY AMENDED AS FOLLOWS:

A. Adding " Catering Truck Service Yard ( Heavy Trucking)' with a footnote to the Index of Primary Uses, and
USE R - A R- 1 R- 2 R- 3 R- 4 C- R C- 1 C- 2 C -M M- 1 M- 2 Catering Truck Service Yard
R5
Res
Heav Truckin ss R5 R5
B Adding " Truck Washing & Cleaning ( Heavy Trucking)' with a footnote to the Index of Primary Uses; and
USE R - A R- 1 R- 2 R- 3 R- 4 C- R C- 1 C- 2 C - M M- 1 M- 2 Truck Washing & Cleaning ( Heavy
R 5
Res
Trucking) es R5 R5
C Adding " Truck/ RV Storage Yard ( Heavy Trucking)' with a footnote to the Index of Primary Uses; and
USE R - A R- 1 R- 2 R- 3 R- 4 C- R C- 1 C- 2 C - M M- 1 M- 2 Truck/ RV Storage Yard" R5
Res
D Amending " Truck Terminals, Draying or Freight' with a footnote to the In- dex of Primary Uses.

USE R - A R- 1 R- 2 R- 3 R- 4 C- R C- 1 C- 2 C - M M- 1 M- 2 Truck Terminals, braying or
Frei ht ss
Rss Rss
6 of 7

E. Amending " Truck Transportation Yard" with a footnote to the Index of Primary Uses.

USE R - A R- 1 R- 2 R- 3 R- 4 C- R C- 1 C- 2 C - M M- 1 M- 2 Truck Trans ortation Yard 56
R56 R56
Deleting existing Footnotes 56, 57, and 58 of the Footnotes forAppendix A.

G Adding new Footnote 56 of the Footnotes for Appendix A as follows. 56 See Chapter 17 37 of this code.

SECTION 7. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance or the rules adopted hereby The City Council of the City of Montebello hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 8. That the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law PASSED, APPROVED AND ADOPTED this 22nd day of June
12011
ATTEST:

Art Barajas, Mayor
APPROVED AS TO FORM:

RdZ2;- J -Z A4 14
Robert J King, City C A nold AI are- Glasman, City Attorney 7 of 7

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF MONTEBELLO )
I, Robert J King, City Clerk of the City of Montebello, do hereby certify that the foregoing Ordinance No. 2342 was introduced, on June 08, 2011 and duly adopted by the City Council of the City of Montebello at their regular meeting of June 22, 2011, and carried by the following vote:

AYES Members: Perez, Molinari, Cortez, Gomez, Barajas
NOES Members: None
ABSTAIN Members: None
ABSENT Members: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City on this 22nd day of June 2011
Robert J King, ity Clerk.

ATTACHMENT E

ITEM # 9

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Arnold Glasman, City Attorney

SUBJECT: REVIEW AND DISCUSS CITY COUNCIL AND SUCCESSOR AGENCY

MEETING RULES OF CONDUCT

DATE: March 13, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Review and discuss the City Council and Successor Agency meeting rules of conduct;

2. Provide direction to staff and City Attorney’s office regarding whether any updates or changes to the current rules of conduct are desired; and

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

FISCAL IMPACT:

N/A

BACKGROUND/DISCUSSION:

The City Council has, by prior Resolutions, the last of which were Resolution No. 89-70, 06-22, and 11-89, 19-124, adopted rules for the conduct of its City Council (“Council”) and Successor Agency (“Agency”) meetings. On October 27, 2021, the City Council adopted Ordinance No. 2443 (Attachment “A”) amending Chapter 2.14 of the Montebello Municipal Code (“MMC”) and restating the rules of order for the conduct of all City Council and Successor Agency meeting, proceedings, business, and rescinding Resolution Nos. 89-70, 06-22, 11-89 and 19-124.

On December 21, 2022, at the request of Councilmember Torres, who was Mayor at the time, the City Council directed the City Attorney to prepare documents to repeal Ordinance No. 2443 relating to rules of conduct of all City Council and Successor Agency

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 13, 2024

meeting, proceedings, business. On January 11, 2023, the City Council introduced and conducted the first reading of Ordinance No. 2459 which would repeal the previously adopted Ordinance No. 2443. At its meeting on January 25, 2023, the City Council adopted Ordinance No. 2459 repealing Ordinance No. 2443, and repealing and reserving for future use Chapter 2.14 of the MMC.

On February 22, 2023, the City Council adopted Resolution No. 23-17 (Attachment “B”) establishing rules of order for the conduct of all City Council and Successor Agency meetings, proceedings, and business to supersede Resolution Nos. 89-70, 06-22, 11-89 and 19-124 with the purpose of remaining in effect temporarily until a Study Session to review permanent rules of conduct was conducted and a new Ordinance setting the final rules of conduct was adopted.

On March 13, 2023, the City Council conducted a study session to review and discuss proposed permanent rules of conduct of all City Council and Successor Agency meeting, proceedings, business. The City Council provided feedback on the draft rules at this Study Session, but no further direction given to bring the proposed rules back to the City Council for introduction or adoption. Therefore, Resolution No. 23-17 is still in effect and governs the rules of conduct of all City Council and Successor Agency meeting, proceedings, business at this time.

ENVIRONMENTAL:

N/A

ANALYSIS:

In reviewing Resolution 23-17, the City Attorney’s office identified the following topics listed in the most current rules as set forth in Resolution No. 23-17, that are recommended, at a minimum, to be addressed in order to define or redefine the City Council and Successor Agency meeting rules of conduct:
• Section 2 – Closed session and regular meeting starting time; • Section 3 – Request to include the cancellation of the first meeting in July • Section 4 – Attendance requirements, specifically whether only Directors/staff who have items on the agenda are required to attend the meeting; • Section 5 – Teleconferencing, Senate Bill 2449 Emergency and Just Cause provisions to teleconferencing rules should be added;
• Section 6 – Order of Business, to clarify public oral communication at each agenda topic (i.e., Public hearings/Regular business/consent items/council orals); • Section 7 – Procedure for addressing City Council/Agency:
o Require that a speaker card must be completed.
o Include that the Mayor/Chairperson may adjust the time allotted for each speaker.
• Section 9. Standards of Decorum – Revise to include the following language:
o Signs, placards, banners, horns, noise-making devices, or other similar items shall not be permitted in the audience if the presence of such objects disturbs, disrupts, impedes or otherwise renders the orderly conduct of the

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 13, 2024

Council/Agency meeting infeasible, or block the view of any other person in attendance.
• Section 11. Handbook of Procedural Rules – Revise Resolution to state that the Handbook will be adopted at a future meeting.
• Other topics as brought forth by City Council or Staff.

If the City Council provides direction to update or change the current rules of conduct, the City Attorney’s office will draft a Resolution that will set forth the updated and changes rules and repeal the previously adopted Resolution 23-17.

SUMMARY:

It is recommended that the City Council review and discuss the City Council and Successor Agency meeting rules of conduct and provide direction to staff and City Attorney’s office regarding whether any updates or changes to the current rules of conduct are desired.

ATTACHMENT(S)

1. Attachment A - Ordinance 2443

2. Attachment B - Resolution No. 23-17 - Rules of Order

NEXT STEPS:

N/A

ATTACHMENT A
ORDINANCE NO. 2443
AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, AMENDING AND RESTATING RULES

OF ORDER FOR THE CONDUCT OF ALL CITY COUNCIL AND

SUCCESSOR AGENCY MEETINGS, PROCEEDINGS, BUSINESS, AND
RESCINDING RESOLUTION NO. 89-70, 06-22, 11-89, AND 19-124

RECITALS
W
HEREAS, the City Council has, by prior Resolutions, the last of which was Resolution No. 89-70, 06-22, and 11-89, adopted rules for the conduct of its City Council (“Council”) and Successor Agency (“Agency”) meetings.; and W
HEREAS, the City Council has, by prior Resolutions, the last of which was Resolution No. 19-124, canceled on an annual basis City Council meetings on the First week of July and the second meetings of November and December to honor future summer vacations and holiday schedules; and
W
HEREAS, from time-to-time there is a need to update and restate such rules, whether as a result of subsequent policy decisions and to ensure the orderly conduct of City business; and
W
HEREAS, so that there is consistency across the conduct of all City -related business, certain such rules should apply city-wide to the Council/Agency.

NO

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

S
ECTION 1. The City Council of the City of Montebello does hereby rescind Resolution No.’s 89-70, 06-22, and 11-89 and establish the following rules for the conduct of its meetings, proceedings, and business.

S
ECTION 2. The City Council of the City of Montebello does hereby rescind Resolution No.19-124, and establishes the following rules for Dark Meetings as stated in Section 4.D “City Council/Agency Meetings”.

S
ECTION 3. Meetings Open to the Public.

T
he Council and Agency are subject to the Brown Act Open Meetings Law. (Government Code 54950 et seq). All meetings of the Council and Agency are open to the public, except for closed sessions which are authorized to be held in accordance with the applicable provisions of the Brown Act.

ORDINANCE NO. 2443

S
ECTION 4. City Council/Agency Meetings and Agenda Materials.

A. Regular Meetings. Regular meetings of the City Council and Agency shall be held at the City Hall Council Chambers at 1600 West Beverly Boulevard, Montebello, California, except as otherwise provided from time- to-time and authorized by the Brown Act. The re gular meetings of the City Council and Agency shall be held on the second and fourth Wednesdays of each month. Regular meeting agendas shall be posted on the City’s website and at City Hall no later than 72 hours prior to the meeting. The City Council Closed Session will start at 5:00 p.m. The Agency Chairperson may recess the Agency meeting to take up City Council closed session items. The regular City Council/Successor Agency meeting will start immediately following the discussion of Closed Session items .

Closed Session shall not exceed 1.5 hours. Whenever the day for holding any of the meetings falls on a holiday, the meeting shall be held on the next business day unless otherwise ordered by the City Council/Agency at a prior meeting.

B. Special Meetings . Special meetings are “Special” because the presiding officer or majority of the legislative body can call them on a minimum of 24 hours’ notice, as authorized by the Brown Act. Special meetings need not be held at City Hall, as long as the alternate location is within the City. Special meeting agendas shall be posted on the City’s website and at the meeting location, if located away from City Hall in a place to which the public has unrestricted access and where the notice and agenda are not likely to be removed or obscured by other posted materials. The Council/Agency makes every effort to provide notice well in advance of 24 hours, especially when the special meeting is for the purpose of conducting a Study Session.

1. S
tudy Sessions are meetings during which the Council /Agency receives information about Council/Agency business in an informal setting. The informal study session setting is intended to encourage in-depth discussion and detailed questioning and brainstorming by Council/Agency on issues of significant interest, including but not limited to City /Agency policy matters, budget and financial matters zoning applications, major public works projects and other related topics . The Council/Agency may discuss the material freely without following form al rules of parliamentary procedure.

Staff may be directed to bring matters back for future Council/Agency consideration as no action can be taken at a study session. The Decorum rules still apply to the behavior of the Council/Agency and public.

C. Broadcasting of Meetings. All regular Council/Agency meetings shall be live streamed on the City’s website and broadcasted on the City’s Government Access Channel (Channel 3) and will be video- recorded, unless the City/Agency is unable to do so due to unforeseen technical circumstances or circumstances beyond the City’s/Agency’s control.

D. Dark Meetings. The City Council/Agency regular meetings shall go dark four (4) times throughout the year. The regular meetings that will not be held are the first and second meetings of July, and the second meetings of November and December.

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E. Agenda Materials. The City Clerk office shall post the agenda materials and supplemental agenda materials on the City’s agenda website. The agenda packets are available for public inspecti on at the City’s website. The agenda cover sheets may also be emailed upon written request.

SECTION 5. Order of Business.

The business of the City Council and Agency at regularly scheduled meetings shall be disposed of in the following order:

City Council & Successor Agency - 5:00 p.m. Closed Session Call to Order
Roll Call
Announcement of Closed Session Items
Public Comments
Closed Session

City Council & Successor Agency – Regular Session s tarts no later than 6:00 p.m. following Closed Session
Closed Session Report (If there is no Closed Session, the meeting will start no later than 6: 00 p.m.) Invocation
Pledge of Allegiance
Corrections to the Agenda
Ceremonial Items/Presentations
Public Comments on Non- Agenda and Agenda Items (Limited to 30 minutes and each speaker will have 3 minutes total for all items requested to speak on by each speaker. All other comments which exceed the 30 minutes will be entered into the record and distributed to the City Council.)
Staff Communications on Items of Community Interest
Public Hearing
Old Business
Regular Business
Consent Calendar (Routine Matters)
AB 1234 Travel Reports
Council/Agency Orals
Adjournment

SECTION 6. General Requirements.

A. Attendance. Council/Agency Members, the City Clerk, City Attorney, and City Manager, along with any other city officers and department heads that have been requested to be present, shall take their regular stations in the Council chamber prior to the sta rt of any meeting, except during recognized absences . The Council/Agency expects its members to attend regularly and notify the City Clerk , Deputy City Clerk, Assistant City Manager, or City Manager of any planned absences at least two (2) hours prior to the start of any meeting. Notification shall be made via formal written and/or email notice, or confirmed verbally.

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B. Quorum. Three (3) members of the Council/Agency shall constitute a quorum and shall be sufficient to transact business. If less than three Council/Agency members appear at a regular meeting, the Mayor /Chairperson, Mayor Pro Tem /Vice Chairperson in the absence of the Mayor /Chairperson, any Council /Agency member in the absence of the Mayor /Chairperson and Mayor Pro Tem /Vice Chairperson, or in t he absence of all Council/Agency members, the City Clerk or Deputy City Clerk, shall adjourn the meeting to a stated day and hour.

Business of the Council/Agency may be conducted with a minimum of three members being present; however, pursuant to the Cal ifornia Government Code, matters requiring the expenditure of City funds and all Resolutions and non- urgency Ordinances must receive three (3) affirmative votes for approval (see Section 6.H. “Voting Procedures”).

C. Teleconference Attendance of Council/Agency Members at Meetings. The Council/Agency complies with the specific requirements relating to teleconferencing provisions per the Brown Act and shall apply to Council/Agency members. “Teleconference” is defined as a “meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both”. Requests by Council/Agency m embers to attend a meeting via telephoni c appearance are actively discouraged. In addition, at least a quorum of the Council/Agency must participate from a location within the City (Government Code Section 54953(b)(3)).

If these two threshold requirements are met, the Council/Agency m ember who will be appearing telephonically must ensure that:

1. The meeting agenda identifies the teleconference location and is posted at that location in an area that is accessible and visible 24 hours a day for at least 72 hours prior to the meeting.

2. The teleconference location is open and fully accessible to the public, and fully accessible under the Americans with Disabilities Act, throughout the entire meeting. These requirements apply to private residences, hotel rooms, and similar facilities, all of which must remain fully open and accessible throughout the meeting, without requiring identification or registration.

3. The teleconference technology used is open and fully accessible to all members of the public to participate, including those with disabilities.

4. Members of the public who attend the meeting at the teleconference location have the same opportunity to address the Council/Agency from the remote location that they would if they were present in Council Chambers.

5. The teleconference location must not require an admission fee or any payment for attendance.

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6. All votes must be by roll call.

7. If the meeting will include a closed session, the Council/Agency m ember must also ensure that there is a private location available for that portion of the meeting.

D. Approved Teleconference Guidelines for Council/Agency Members Include:

1. Three days written notice in advance of the publication of the agenda must be given by the Council/Agency member to the City Clerk’s office; the notice must include the address at which the teleconferenced meeting will occur, the address the Council/Agency packet should be mailed to, who is to initiate the phone call to establish the teleconference connection, and the phone number of the teleconference location. If cellular telephones are used to participate in teleconferenced meetings, Council/Agency members need to ensure the speaker phone option is functioning.

2. The Council/Agency member is responsible for posting the Council/Agency agenda in the remote location, or having the agenda posted by somebody at the location and confirming that posting has occurred. The City Clerk will assist, if necessary, by emailing, faxing or mailing the agenda to whatever address or fax number the Council/Agency member requests; however, it is the Council/Agency m ember’s responsibility to ensure that the agenda arrives and is posted. If the Council/Agency m ember will need the assistance of the City Cler k in delivery of the agenda, the fax number or address must be included in the five-day advance written notice above.

3. The Council/Agency member must ensure that the location will be publicly accessible while the meeting is in progress.

4. The Council/Agency member must state at the beginning of the meeting that the posting requirement was met at the location and that the location is publicly accessible and must describe the location.

E. Closed Sessions. Closed sessions are the only type of agenda item that the public cannot observe, however, public comment is permitted prior to the City Council recessing into closed session . State law allows closed sessions to discuss pending litigation, employment matters, real estate negotiations, and certain other matters as authorized by the Brown Act. To the greatest extent possible, the City Attorney and City Clerk shall use standardized agenda descriptions that are consistent with Government Code Section 54954.5. Closed sessions will be scheduled at the beginning of Council/Agency meetings to the extent possible and appropriate.

1. State law requires the Council/Agency to make a public report after a closed session when certain kinds of actions are taken.

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2. The City Manager and City Attorney, and/ or their designees, shall attend closed sessions unless it is necessary to excuse them. Only such additional staff shall attend as are necessary and then only if the legal privileges of confidentiality obtained in an executive session are not waived.

3. No minutes of closed sessions shall be kept. The City Attorney shall record the information necessary to comply with state law.

4. No person in attendance at a closed session may disclose the substance or effect (e.g., statements, discussions, etc.) of any matter discussed during the session; all matters are strictly confidential.

5. No person in attendance at a closed session may disclose or share any documents/materials used during the session, printed or digital materials.

Documents/materials may include, but are not limited to: reports; memos/letters; any information related to employee matters or litigations.

6. Council/Agency may be asked to return all written materials distributed during closed session.

7. Any breach of releasing confidential information by any Council/Agency member may result in revoking or suspending the member’s right to receive further confidential information or other remedies as authorized by law.

F. Ceremonial Items/Presentation: Items presented during this item are limited to: community and Council/Agency presentati ons, proclamations, certificates of recognition, awards, and guest introductions. “Ceremonial Items/Presentations” shall be limited to 20 minutes. All presentations and exhibits are encouraged to be submitted in advance.

Nationally Recognized Health and Heritage months will also be acknowledged during this item. The list of approved nationally recognized health and heritage mo nths are hereby attached as “Exhibit A”.

Proclamations are issued for matters of local, regional, or national concern and are generally issued to organizations or events residing in, or occurring within the greater Montebello City area. Proclamations are ceremonial and do not carry any legislati ve or legal value. The Mayor/Chairperson, without formal action of the Council/Agency, may issue proclamations (requests must be made on an annual basis) . A Proclamation/Certificate Form, attached as “Exhibit B”, must be completed and submitted to the City Clerk’s office by the Mayor/Chairperson for all Proclamation requests at least two weeks in advance. This allows the Public Affairs office to process based on eligibility requirements. Proclamations must also be formally accepted by a recipient of the non- profit organization. The primary reasons for issuance include:

1. Recognition of an organization’s event or special action.

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2. Recognition of a national or state non-profit event that coincides with a local event.

3. Significant historical commemorations.

4. Recognition of extraordinary achievement for which formal language is provided.

Proclamations will not be issued for:

1. Events or organization with no direct relationship to the City of Montebello.

2. Campaigns or events contrary to city policies.

3. The request is for commercial/for-profit purposes.

4. The request conflicts with federally recognized months, weeks or days of observance.

Certificate of Recognition (COR) are iss ued to recognize special events, significant achievements, organizations, businesses, or individuals residing and/or located within the Montebello City area. The Mayor/Chairperson, Council/Agency members, City Staff, may issue Certificates of Recognition. A Proclamation/Certificate Request Form, attached as “Exhibit B”, must be completed and submitted to the City Clerk’s office by the Mayor/Chairperson or Council/Agency member for all COR requests at least two weeks in advance. The primary reasons for issuance include:

1. Retirement – the person must have been employed with their current employer for 25 years or more.

2. Birthday – the person must be at least 80 years of age.

3. Wedding, church, or pastoral anniversary – 25 years or more.

4. Significant education/life achievement.

5. Exemplary service or significant contributions by an organization, business, or individual to the City.

6. New business openings only at the request of the City of Montebello Chamber’s Office.

7. Approved Nationally Recognized Health & Heritage months.

Additional Details:

1. City Clerk staff shall distribute procla mations/certificates of recognition in between each presentation, at the end of the presentations, or can be picked up the next business day.

2. The Council/Agency will be available for pictures.

G. Preparation of Minutes. City Clerk staff shall prepare “Action Minutes” of all public meetings of the City Council/Successor Agency. Action Minutes include very little narrative, if any, only motions and votes shown in the record. Staff shall prepare Summary Minutes for Public Hearing items.

H. Voting Procedures. On the consideration of every motion, the vote shall be taken by consensus vote (“all those in favor signify by saying ‘aye’ those opposed say

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‘no’, any abstentions.) or roll call or electronic device and entered in full upon the record.

A simple majority vote of those in attendance, unless a full majority of the entire body is otherwise required by law (i.e. ordinances or resolutions), is needed to pass a motion as per Rosenberg’s Rules (e.g., in a five-member body, if the vote is three in favor and two opposed, the motion passes). As per Rosenberg’s Rules or as required by law , a super majority (two-thirds majority) vote is needed when applicable.

Every non-urgency Ordinance and any Resolution or order for franchises or payments of money shall require three (3) affirmative votes. An urgency Ordinance and certain resolutions shall require four (4) affirmative votes (e.g., adding matters to the agenda, Resolution of Necessity). A roll call vote shall be used in these cases with th e Mayor/Chairperson called last.

Unless a Council/Agency member audibly votes in the affirmative, disqualifies himself or herself, or expressly declines to vote, his or her silence or any abstention shall be recorded as a vote in concurrence with the majority vote of those voting on the matter before the Council/Agency.

Council/Agency members may change their votes before the next item on the agenda is called or before adjournment of the meeting in which the vote is cast. It is the responsibility of every Council /Agency member to vote unless disqualified for cause accepted by the Council/Agency or by opinion o f the City Attorney. No Council/Agency m ember can be compelled to vote.

Council/Agency members should only abstain if they are not sufficiently informed about an item , e.g. when there was a prior hearing and they were unable to view the prior meeting before the current meeting.

A Council/Agency Member who disqualifies him or herself pursuant to the Political Reform Act of 1974 because of any financial interest and/or conflict of interest shall disclose the nature of the conflict and may not participate in the discussion or the vote. A Council/Agency Member may otherwise disqualify him or herself due to personal bias or the appearance of impropriety. A Council/Agency member who is disqualified by reason of a conflict of interest in any matter shall not remain in his or her seat during the debate and vote on such matter, but shall request and be given the permission of the Presiding Officer to step down from the dais. A Council/Agency member stating such disqualification shall not be counted as part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion (e.g., in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated). Before a motion is made on the next item on the agenda, any member of the Council/Agency may make a motion to continue the matter to another date. Any continuance hereunder shall suspend the running or calculation of any time in which action of the Council/Agency is required by law. Nothing herein shall be construed to prevent any Counci l/Agency m ember from agendizing a matter that resulted in a tie vote for a subsequent meeting.

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I. One-Hour Rule. Respect the “One Hour” Rule for Staff Work. Requests for staff support should be made to the City Manager, according to the protocol for channeling communications. Any request, which would require more than one hour of staff time to research a problem or prepare a response and/or will cost $1,000 or more, will need to be approved in advance by the full Council/Agency to ensure that staff resources are allocated in accordance with overall Council/Agency priorities. Once notified that a request for information or staff support would require more than one hour and/or will cost $1,000 or more, the Council/Agency m ember may request that the City Manager place the request on an upcoming Council/Agency agenda.

J. Confidentiality. No Council/Agency member or public employee shall, except as required in the performance of his duties, or in the course of any conduct reasonably believed to be in the performance of his duties, disclose confidential information gained by reason of his official position, nor shall he otherwise use the information for his personal interest. Confidential information shall include any information/materials declared as confidential by City Attorney and/or City Staff.

K. Use of Electronic Communication Devices on the Dais . The Council’s use of personal electronic communication devices, including but not limited to cell phones, smartphones, computers/l aptops, and tablets are prohibited during a City Council meeting. The use of these devices may lead to the public’s perception that a Councilmember is not paying attention to the subject matter at hand , or that a Councilmember is receiving information relative to the subject matter at hand that other Councilmembers and members of the public are not receiving, either one of which is inimical to good government and transparency. Therefore, the Council’s use of electronic communication devices (including cell phones), other than for the purpose of accessing agenda materials that are on a Councilmember’s City I-pad or lap top computer, is prohibited during Council meetings.

SECTION 7. Public Comments.

Every City Council and Agency Agenda shall contain Public Comments on Non- Agenda Items and Agenda Items in substantially the following form:

A. Non-Agenda Items. Public comment for matters not on the agenda (non- agenda items) shall be limited to matters within the subject matter jurisdiction of the body (at regular meetings only). Anyone wishing to address the City Council/Successor Agency on an item not listed on the Agenda may do so during the “Public Comments on Non- Agenda Items and Agenda Items” period.

B. Agenda Items. Public comment on matters on the agenda will be allowed only for items of business to be discussed by the body. Those wishing to address the City Council/ Agency on an item listed on the agenda may do so during the “Public Comments on Non-Agenda Items and Agenda Items” period. A Consent Calendar item may be pulled by the Mayor/Chairperson or Council/Agency member.

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C. Speaker Cards. Members of the public that are interested in making public comments on both Non-Agenda and Agenda Items, must complete a Speaker Card and submit it to City Clerk staff prior to the beginning of the meeting of 5:0 0 p.m. for live meetings, or in accordance with Assembly Bill 361 for video/audio meetings. Upon receipt of the card, the City Clerk shall deliver it to the presiding officer. The public will be called upon during the Council/Agency meeting – Closed Session begins at 5:0 0 p.m. and Regular Session begins no later than 6:00 p.m., following Closed Session. If there is no Closed Session, the meeting will start at 5:00 p.m. Members of the public must be present until the item for consideration is heard. Any requests to provide public comment which are submitted after the deadlines indicated above will not be addressed at the Council/Agency meeting, with the exception of non-agenda item comments which will be held over to the next regularly scheduled meeting.

D. Written Comments. Members of the public that are interested in submitting written comments may do so via electronic mail at:
[email protected]. Written comments will be provided to members of the City Council and will be entered into the record of the proceedings to the extent they relate to matters lis ted on the posted agenda or otherwise address matters/issues within the subject matter jurisdiction of the City Council. Persons submitting written comments are encouraged to identify the specific item(s) on the agenda their comment(s) relate to or whether they relate to non-agendized matters. Written comments may not be read aloud and will be included as part of the meeting minutes , or in accordance with Assembly Bill 361 for video/audio meetings.

E. Time Limits . “Public Comments” is limited to 30 -minutes. State Law prohibits the Council/Agency from taking action or entertaining extended discussion on a topic not listed on the agenda. In order to conduct a timely meeting, the maximum time allotted for members of the public to speak on both Non-Agenda and Agenda Items shall not exceed three (3) minutes per person. The Mayor/Chairperson, in his/her discretion, and/or in consultation with the body, may reduce, limit or extend time for public comment as he/she may find reasonable under the circumstances. Speakers may not cede their time to other speakers.

SECTION 8. Procedure for the Conduct of City Council/Agency Meetings.

A. Role of Mayor/Chairperson. The Mayor/Chairperson shall be the Presiding Officer at all meetings of the Council/Agency, and be responsible for maintaining the order and decorum of meetings. It shall be the duty and responsibility of the Mayor/Chairperson to ensure that the rules of operation and decorum contained herein are observed. The Mayor/Chairperson shall maintain control o f communication between Council/Agency members and among staff and public.

B. Communication with Council /Agency Members. Council/Agency members shall request the floor from the Mayor/Chairperson before speaking. When one member of the Council/Agency has the floor and is speaking, other Council/Agency members shall not interrupt or otherwise disturb the speaker.

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C. Communication with Members of the Public Addressing the Council/Agency. The Mayor/Chairperson shall open the floor for public comment/inquiries as appropriate. Council/Agency members may question a person addressing the Council/Agency at the conclusion of the person’s comments or upon expiration of the person’s time to speak. However, the Council/Agency should not engage in discussion or take action in connection with such comments. Once the speaker is seated, the presiding officer may refer an issue or public inquiry to the City Manager or staff for a brief response, further review and/ or further action, if appropriate. Alternatively, the Council/Agency may request the issue be agendized for discussion at a future Council/Agency meeting.

D. Members of the Audience. No member of the audience shall willfully interrupt the orderly conduct at the meeting. All comments from th e audience during Public Comments must be addressed to Mayor/Chairperson. The presiding officer shall direct the removal of any individual whose willful interruption or who fails to adhere to the Council meeting rules and who renders infeasible the orderly conduct of the meeting. In the event the removal of the individual or individuals willfully interrupting the meeting does not restore order, the president officer may order the meeting room cleared and continue in session. Media representatives shall be allowed to remain at the meeting except those representatives of whose willful conduct interrupted the meeting.

E. Rules of Procedure. In all matters not otherwise provided for herein the proceedings for the body shall be governed under “Rosenberg’s Rules of Order”, the most current edition.

SECTION 9. Procedure for Addressing the City Council/Agency.

A. Specific Speaker Requirements. When a speaker is called, the speaker shall promptly approach the audience microphone and give his/her name in an audible tone of voice for the records . Failure to approach the audience microphone when called may preclude an opportunity to speak during that subject public comment period. A member of the public shall only address the body from the audience microphone, unless authorized by the Mayor/Chairperson to speak from another location. Members of the public shall direct all comments to the Mayor/Chairperson, and not to staff, individual members of the body, or the public. No questions shall be asked a Council or Agency or staff member except through the presiding officer. Speakers will be permitted to complete their comments without interruption and no speaker may yield their allotted time to other speakers. No person shall be permitted to interrupt members of the body, staff presentations; or members of the public who are at the microphone during a meeting.

Courtesy must be shown to others at all times.

The public does not need to be given an opportunity to speak on an item that has already been considered by a legislative body at a public meeting, if all interested members of the public had the opportunity to speak on the item before or during its consideration, and if the item has not been substantially changed.

There shall be only one (1) opportunity for each individual for public comment on the entire consent calendar. There shall be only one (1) opportunity for each individual for

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public comment on multiple items of business on the agenda. There shall be only one (1) opportunity for public comment on items that are taken up for consideration together. This excludes Public Hearings.

Any person making personal, impertinent or slanderous remarks about members of the body, staff, or the public, or who shall become boist erous or threatening or personally abusive of the body, staff or members of the public shall be asked by the Mayor/Chairperson to cease and desist such activity, and may be requested or required to leave the meeting in the event the behavior continues to d isrupt the meeting proceedings (see Section 11. “Standards of Decorum”).

B. Spokesperson for a Group. In order to expedite Council/Agency business and to avoid repetitious presentations, whenever an organization or group of persons wishes to address the Council or Agency on the same subject matter, it shall be proper for the presiding officer to inquire whether the organization or group has a spokesperson.

If so, spokespersons are subject to the same limits as other speakers.

C. Technology. Use of technology in the meeting room (such as Power Points and overhead displays) is restricted to staff, City cons ultants, applicants for a quasi - judicial approval, and appellant’s quasi-judicial approval.

D. Recording. Any person may record a meeting unless the body finds that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings.

E. Public Hearings. Speakers wishing to address the Council/Agency on public hearing items shall not be required to fill -out a speaker card in order to be called on to speak. Speakers addressing the Council/Agency on a public hearing item shall be heard after the public hearing is opened by the presiding officer , following the Staff report presentation.

1. Call for Ex Parte C ontacts. The presiding officer shall inquire whether any member of the Council/Agency has had ex parte contacts with regard to the proceeding at the commencement of any quasi -judicial land use proceeding. Any member of the Council/Agency announcing an ex parte contact shall state for the record the nature and co ntent of the contact. If such contact impairs the member’s impartiality, the member shall state this fact and abstain from participation in the matter.

2. Call for Abstentions. The presiding officer shall inquire whether any member of the Council/Agency must abstain from participating in the hearing due to a conflict of interest. Any member of the Council /Agency announcing a conflict of interest shall state the nature of the conflict, and shall not participate in the proceeding, unless the person’s vote is necessary to meet a requirement of a minimum number of votes necessary to take official

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action; provided, however, that the member shall not participate in any discussion or debate on the issue of which the conflict arises.

3. Time Limits. Speakers at hearings on legislative or administrative matters, other than legislative land use matters, will be limited to three (3) minutes.

Speakers at a hearing on a quasi-judicial matter, other than a quasi-judicial land use matter, shall be subject to the following time limits:

a. Staff Presentation (15 minutes maximum)
b. Applicant or affected party (7 minutes maximum)
c. Those in support of Appellant’s position (3 minutes per person, not to exceed 30 minutes
d. Those in opposition to Appellant’s position or other interested persons (3 minutes per person, not to exceed 30 minutes) e. Questions of Council/Agency members (No time limit)
f. Rebuttal by applicant or affected party. The scope of rebuttal is limited to matters which were introduced during the hearing ( 5 minutes maximum)
g. The presiding officer may extend the maximum time allotted to any speaker with the concurrence of a majority of the Council/Agency.

Extensions of time shall be granted in one (1) minute increments.

4. Limitations. The presiding officer may exclude or limit cumulative, repetitious, or immaterial matter. The presiding officer may order the testimony, alternating those speak ing in favor and those in opposition, or have all speaking in favor testify, followed by all those in opposition. The presiding officer, with the approval of the Council/Agency, may further limit the time and/or number of speakers at any public hearing; provided that the presiding officer shall announce any such restrictions prior to the commencement of the testimony.

5. Deliberations. At the end of public testimony and questions , the Council/Agency shall initiate deliberations by introducing a motion on the matter; continue the hearing; or keep the record open for additional written testimony. During deliberations, each member of the Council/Agency shall have the opportunity to comment on or discuss testimony given during the public hearing.

6. Public Documents. Documents submitted to the City as evidence or written testimony during a public hearing are public records. If such a document contains the name, address, including email address, and telephone number of the person, then it will be included in the record of the proceeding.

Because the name, address, including email address, and telephone number are part of a public record, this information will be generally

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disseminated to the public, and must be disclosed if a public records request is submitted for the documents.

SECTION 10. Council/Agency Orals and Action Items.

A. The purpose of Council/Agency Orals is to allow Council/Agency to make general comments as a reference to staff on factual matters of community concern ; and provide updates or make brief announcements in a manner consistent with Government Code Section 54952.2.

B. All City Council/Agency requests for oral communications to be placed on an agenda shall be expressed in complete sentences and shall provide sufficient information to be in compliance with the Brown Act. All oral communications shall provide a brief, general description of each item of business to be transacted or discussed at the meeting and need not exceed 20 words.

C. Each Council/Agency Orals will generally be limited to a total of 10 minutes in length.

D. Commission/Committee appointment recommendations shall also be made during Council/Agency Orals. Considering background check approval, all appointments will be made at a future meeting as a Consent Calendar action item.

E. No action may be taken on Council/Agency Oral items without being placed on a subsequent agenda. Any requests to be considered and/or major policy issues to be approved must have a Simple Majority roll call vote of the Council/Agency. To the extent possible, Council/Agency will confer with staff before raising matters under this agenda item. Any request for a Council action item shall be referred back to staff to address program concepts, staffing needs, f iscal impact and implementation timelines. The City Manager shall identify a reasonable timeline to have the item return to the City Council for full consideration.

F. Requests for Council/Agency action items shall be introduced and explained by the Council/Agency member that placed the item on the Agenda.

Council/Agency members should endeavor to complete their presentations in three (3) minutes or less. Council/Agency members may request additional time to complete their presentations from the presiding officer. Such requests for additional time shall not be unreasonably denied. After the introduction and presentation of the item, each Council/Agency member shall be provided an opportunity to ask questions and comment on the request.

G. An item may be placed on a future agenda of the City Council/Agency by any of the following methods:

1. By the Mayor/Chairperson, City Manager, City Attorney, or City Clerk.

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2. By a Simple Majority roll call vote of the Council/Agency (see Section 6 .H. “Voting Procedures”)

All agenda items shall be placed on the agenda, and all agendas shall be prepared pursuant to the requirement of the Ralph M. Brown Act (California Government Code Section 54950 et seq.).

SECTION 11. Standards of Decorum.

A. The Mayor /Chairperson shall be the presiding officer at Council/Agency meetings. The Chairperson shall be the presiding officer at Agency meetings. In the absence of the Mayor/Chairperson, the Mayor Pro Tem/ Vice Chairperson shall be presiding officer.

B. The presiding officer shall have the right to terminate any oral communication where such is not within the subject matter jurisdiction of the Council/Agency or is redundant or repetitious. Debates between Council /Agency members and the public should be discouraged.

C. Speakers shall not engage in willful conduct which interrupts the meeting or interferes with the orderly conduct of the meeting. Any person who becomes boisterous while addressing the Council/Agency or who otherwise disrupts the orderly conduct of the Council’s/Agency’s business shall be subject to removal from the Chambers after being admonished by the presiding officer.

D. Signs, placards, banners, horns, noise- making devices , or other similar items shall not be permitted in the audience during a Public Meeting if the presence of such item disturbs, disrupts or otherwise impedes the orderly conduct of the meeting. All persons attending a public meeting shall remain seated in the s eats provided, unless addressing the body at the podium or entering or leaving the meeting. No member of the audience shall willfully interrupt the orderly conduct at the meeting. The presiding officer shall direct the removal of any individual whose willf ul interruption renders infeasible the orderly conduct of the meeting. In the event the removal of the individual or individuals willfully interrupting the meeting does not restore order, the presiding officer may order the meeting room cleared and continue in session.

E. The Chief of P olice, or such other member or members of the police department or police reserve as may be designated, shall be sergeant -at-arms of the Council/Agency meetings. The sergeant-at-arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at Council/Agency meetings. Upon instructions of the presiding officer, it shall be the duty of the sergeant -at-arms to remove and/or place any person who violates the order a nd decorum of the meeting under arrest, if necessary.

SECTION 12. Council/Agency Meeting Length.

A. It is the intent of the Council/Agency that no item will be introduced or addressed on a Council/Agency agenda after the hour of 11:00 p.m. Furthermore, it is the

ORDINANCE NO. 2443

Council’s/Agency’s intent that if the item introduced and being discussed by 11:00 p.m. is not concluded by 12:00 a.m., the Council/Agency should adjourn the meeting to another date. The intent and purpose of this policy is to encourage a reasonable hour in which the Council/Agency business is discussed and to protect against fatigue in discussing and deciding important City issues.

SECTION 13. Council/Agency and City Staff Conduct.

Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City Staff, which analyze problems and issues, make recommendations, and implement and administer the Council’s/Agency’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community.

A. It is important for the Staff to demonstrate respect for the Council /Agency, and vice versa, at all times. All Council/Agency members should be treated equally.

B. Council/Agency and Staff should treat one another as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Practice civility and decorum in all interactions with Council/Agency and City staff.

C. Never publicly criticize an individual employee, including Council/Agency appointed officers. All critical comments about staff performance should only be made to the City Manager through private correspondence or conversation.

D. Council/Agency members shall deal with the administrative service solely through the City Manager, and neither the Council/Agency nor any member thereof shall give orders to any of the subordinates of the Cit y Manager, either publicly or privately .

Council/Agency members shall recognize and follow the appropriate chain of command for the entire City organization and each City Department.

E. Request for information by any Council/Agency member shall be provided to all members of the Council/Agency.

SECTION 14. Effective Date. T his Ordinance shall become effective thirty (30) days after approval by the Council.

SECTION 15. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted according to law.

APPROVED AND ADOPTED this 13
th day of October 2021.

ORDINANCE NO. 2443

_______________________________
Kimberly A. Cobos-Cawthorne, Mayor

ATTEST:

________________________
Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

__________________________
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 13
th day of October 2021 and was adopted by the City Council of the City of Montebello at its meeting held on the 27 th day of October 2021 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________
Christopher Jimenez, City Clerk

Exhibits:
• Exhibit A – Nationally Recognized Health and Heritage Months • Exhibit B – Proclamation/Certificate Request Form

EXHIBIT A

NATIONALLY RECOGNIZED HEALTH AND HERITAGE MONTHS

March is:
• COVID-19 Memorial Month

April Is:
• National Child Abuse Prevention
• National Volunteer Month (Ties into City programming) • Autism Awareness Month
• Armenian History Month

May Is:
• Asian Pacific Heritage Month
• National Pet Month
• Mental Health Month
• Motorcycle Safety Awareness Month

June Is:
• Lesbian/Gay/Bisexual/Transgender/Queer (LGBTQ) Pride Month • Juneteenth – Freedom Day
• Post-Traumatic Stress Disorder (PTSD) Awareness Month • National Scleroderma Awareness Month

July Is:
• July is Parks and Recreation Month
• Juvenile Arthritis Awareness Month

August Is:
• National Wellness Month

September Is:
• National Hispanic Heritage Month (Sept 15- Oct 15)
• National Preparedness Month

October Is:
• Breast Cancer Awareness Month
• Bullying Prevention Month
• Domestic Violence Awareness Month
• Down Syndrome Awareness Month

November Is:
• November – Events to raise awareness for men’s health issues (like prostate cancer and depression)
• Alzheimer Disease Awareness Month

December Is:
• Human Rights Month

In Accordance with Ordinance No. XXXX
City of Montebello
Proclamation/ Certificate Request Form
Proclamations/ Certificates are provided by the Mayor and City Council with the goal of honoring and celebrating events of increasing awareness of noteworthy issues among citizens across Montebello. These public service documents are strictly honorary and are not legally binding. Proclamation/ Certificate requests are reviewed on a case-by-case basis. The City reserves the right to decline any request as well as the right to make exceptions to the guidelines. To submit an application for a proclamation, please review the guidelines below and submit a completed Proclamation/ Certificate Request Form to the City Clerk’s Office at least two (2) weeks in advance.

Proclamations
 Recognition of an organization’s event or special action.  Recognition of a national or state non-profit event that coincides with a local event.  Significant historical commemorations.
 Recognition of extraordinary achievement for which formal language is provided.

Proclamations will not be issued for:
 Proclamations are not automatically renewed. Requests must be made on an annual basis.
 Proclamations for campaigns or events contrary to City policies will not be issued.  Events or organization with no direct relationship to the City of Montebello.  The request is for commercial/for-profit purposes.
 The request conflicts with federally recognized months, weeks or days of observance.

Certificates of Recognition
 Retirement – the person must have been employed with their current employer 25 years or more.
 Birthday – the person must be at least 80 years of age.  Wedding, church, or pastoral anniversary – 25 years or more.  Significant education/ life achievements.
 Exemplary service or significant contributions by an organization , business, or individuals to the City.
 New business openings only at the request of the City of Montebello Chamber’s Office.
 Approved Nationally Recognized Health & Heritage months.

Exa
mples:

Recognition Type Proclamation Certificate of
Recognition
Athletic/ Academic Accomplishments
(Must be Montebello Resident)
X
Acts of Heroism
(Must be Montebello Resident)
X
In Memory of an Individual X
Regional Events
(Local, State, or National)
X
Guests from Other
(Countries or States)
X
Recognition of Corporate Support
(Local)
X
Extrodinary or significant contribution to City by
individual or group
X
Recognition of Anniversaries of Business and
Churches
X
National Health and Heritage Months X

In Accordance with Ordinance No. XXXX
City of Montebello
Proclamation/ Certificate Request Form

CONTACT PERSON INFORMATION
Name of Contact Person
Street Address
City State Zip
Phone Number Cell Phone
Email

PROCLAMATION/ CERTIFICATE INFORMATION
Which one are you requesting? Proclamation Certificate
Name of Individual Group
or Organization
Name or Title of Event
Proclamation Date Choose One: Day Week Month
To be presented at the following event/ council meeting? How will you get the Proclamation/ Certificate?
Will pick up at City Clerk’s Office. Please mail to above address.

What do you want your Proclamation/ Certificate to say? A proclamation must have enough information to make four points.

RESOLUTION NO. 23-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, ESTABLISHING RULES OF ORDER FOR

THE CONDUCT OF ALL CITY COUNCIL AND SUCCESSOR AGENCY

MEETINGS, PROCEEDINGS AND BUSINESS

RECITALS

WHEREAS
, section 54954(a) of the Government Code requires a legislative body of a local agency to provide by ordinance, resolution, bylaws, or other form the conduct of business by the legislative body; and
WHEREAS, the City Council of the City of Montebello (“City”) has, by prior Resolutions, the last of which was Resolution No. 89-70, 06-22, and 11-89, adopted rules for the conduct of its City Council (“Council”) and Successor Agency (“Agency”) meetings.; and
WHEREAS, the City Council has, by prior Resolutions, the last of which was Resolution No. 19-124, canceled on an annual basis the City Council meeting in the First week of July and the second meeting of November and December to honor future summer vacations and holiday schedules; and
WHEREAS, on October 27, 2021, the City Council adopted Ordinance No. 2443 amending and restating the rules of order for the conduct of all City Council and Successor Agency meeting, proceedings, business, and rescinding Resolution Nos. 89- 70, 06-22, 11-89 and 19-124; and
WHEREAS, on January 25, 2023, the City Council repealed Ordinance No. 2443 and as a result repealed Chapter 2.14 “City Council/Agency Meeting Rules of Order” of the Montebello Municipal Code, causing the previously rescinded Resolution Nos. 89-70, 06-22, 11-89 and 19-124 to become reinstated, except as provided herein; and WHEREAS, from time-to time there is a need to update and restate such rules, whether as a result of subsequent policy decisions and to ensure the orderly conduct of city business; and
WHEREAS, the City has received a letter expressing certain legal concerns regarding the alleged curtailing of free speech rights protected by the First Amendment in Ordinance No. 2443 and threatened legal action; and

ATTACHMENT B

RESOLUTION NO. 23-17 Page 2 of 12 WHEREAS, the City Council desires to amend and restate the rules of order to facilitate effective and efficient meeting management, greater transparency, and meaningful public participation; and WHEREAS, the City Council wishes to establish new rules of order for the conduct of City Council and Successor Agency Meetings by the adopted of this Resolution (“Rules of Conduct”). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS: SECTION 1. RECITALS. The foregoing recitals are true and correct and are hereby incorporated as substantive findings in this Resolution. SECTION 2. RULES OF ORDER. The temporary rules of order for the conduct of City Council and Successor Agency Meetings shall be established as the following: CITY COUNCIL/AGENCY MEETING RULES OF ORDER Section 1. Open to the Public. The Council and Agency are subject to the Brown Act Open Meetings Law. (Government Code section 54950 et seq). All meetings of the Council and Agency are open to the public, except for closed sessions which are authorized to be held in accordance with the applicable provisions of the Brown Act. Section 2. Time and Place of Council/Agency Meetings. Regular Meetings. Regular meetings of the City Council and Agency shall be held at the City Hall Council Chambers at 1600 West Beverly Boulevard, Montebello, California 90640, except as otherwise provided from time-to-time and authorized by the Brown Act. The regular meetings of the City Council and Agency shall be held on the second and fourth Wednesdays of each month. Regular meeting agendas shall be posted on the City’s website and at City Hall no later than 72 hours prior to the meeting, however, it is currently the policy of the City of Montebello to post the agenda five (5) business days prior to the meeting. Closed Session. The City Council Closed Session will start at 6:00 p.m. The Mayor/Chairperson may recess the City Council/Agency meeting to discuss closed session items. Closed Session shall not exceed 1 hour. If at the end of the one-hour Closed Session items remain for discussion, Council may recess closed session to

RESOLUTION NO. 23-17 Page 3 of 12 consider regular business and reconvene closed session at the end of the regular business portion of the meeting. If there is no Closed Session, the regular meeting will start at 6:00 p.m. Special Meetings. Special meetings are “Special” because the presiding officer or majority of the legislative body can call them on a minimum of 24 hours’ notice, as authorized by the Brown Act. Special meetings need not be held at City Hall, as long as the alternate location is within the City. Special meeting agendas shall be posted on the City’s website and at the meeting location, if located away from City Hall in a place to which the public has unrestricted access and where the notice and agenda are not likely to be removed or obscured by other posted materials. The Council/Agency will make every effort to provide notice well in advance of 24 hours, especially when the special meeting is for the purpose of conducting a Study Session. Study Sessions. Study Sessions are meetings during which the Council/Agency receives information about Council/Agency business in an informal setting. The informal study session setting is intended to encourage in-depth discussion and detailed questioning and brainstorming by Council/Agency on issues of significant interest, including but not limited to City/Agency policy matters, budget and financial matters zoning applications, major public works projects and other related topics. The Council/Agency may discuss the material freely without following formal rules of parliamentary procedure. Staff may be directed to bring matters back for future Council/Agency consideration as no action can be taken at a study session. The Decorum rules still apply to the behavior of the Council/Agency and public. Holidays. Whenever the day for holding any of the meetings falls on a holiday, the meeting shall be held on the next business day unless otherwise ordered by the City Council/Agency at a prior meeting. Agenda Materials. The City Clerk office shall post the agenda materials and supplemental agenda materials on the City’s agenda website. The agenda packets are available for public inspection at the City’s website. The agenda cover sheets may also be emailed upon written request. Broadcasting of Meetings. All regular Council/Agency meetings shall be live streamed on the City’s website and broadcasted on the City’s Government Access Channel (Channel 3) and will be video-recorded, unless the City/Agency is unable to do so due to unforeseen technical circumstances or circumstances beyond the City’s/Agency’s control, in which case the meeting will be audio recorded. Section 3. Cancelled Meetings.

RESOLUTION NO. 23-17 Page 4 of 12 The City Council/Agency regular meetings may, by resolution, be cancelled during the regularly scheduled second meetings of November and December, or any other meetings the council deems appropriate. Section 4. General Requirements. Attendance. Council/Agency Members, the City Clerk, City Attorney, and City Manager, along with any other city officers and department heads that have been requested to be present, shall take their regular stations in the Council chamber prior to the start of any meeting, except during recognized absences. The Council/Agency expects its members to attend regularly and notify the City Clerk, Deputy City Clerk, Assistant City Manager, or City Manager of any planned absences at least two (2) hours prior to the start of any meeting. Notification shall be made via formal written and/or email notice, or confirmed verbally. Quorum. The City of Montebello has a five-member body, three (3) members of the Council/Agency shall constitute a quorum and shall be sufficient to transact business. If less than the quorum Council/Agency members appear at a regular meeting, the Mayor/Chairperson, Mayor Pro Tem/Vice Chairperson in the absence of the Mayor/Chairperson, any Council/Agency member in the absence of the Mayor/Chairperson and Mayor Pro Tem/Vice Chairperson, or in the absence of all Council/Agency members, the City Clerk or Deputy City Clerk, shall adjourn the meeting to a stated day and hour. The Council/Agency shall not take any action on any item which does not appear on the posted agenda except as follows in accordance with Government Code Section 54942.2: 1. Emergency Situation. An emergency situation, as defined in Cal. Govt. Code § 54956.5 exists. Before proceeding to act upon an emergency item not appearing on the agenda, the Council/Agency shall by a majority vote determine that an emergency situation exists and that prompt action is required by the Council/Agency. The Council/Agency shall include in the minutes of its meeting the facts upon which it relied in finding the existence of an emergency situation. 2. Need to Take Action on Non-Agenda Items. The Council/Agency may act upon an item not appearing on the agenda if it finds, by a two-thirds vote of the members present at the meeting or if less than two-thirds of the members are present, by a unanimous vote of the members present, that there is a need to take immediate action on the non-agenda item and such need to act came to the Council/Agency attention after the posting of the agenda. If such a determination is to be made, a statement of facts upon which the determination is based shall be (presented and) included in the minutes supporting the action taken.

RESOLUTION NO. 23-17 Page 5 of 12 3. Held over items. Items not appearing on the posted agenda for a specific meeting may be acted upon at that meeting if: a) The item appeared on a properly posted agenda for a previous meeting; b) The previous meeting occurred not more than five calendar days prior to the date of the meeting at which the item is proposed to be considered; and c) The item was continued from a previous meeting ot the meeting at which action is proposed to be taken. Tentative Council Calendar. The Tentative Council Calendar shall list items pending to come before Council/Agency within the next 12 month period and will be included as part of each council meeting’s agenda packet. City staff will post the Tentative Council Calendar on the city’s website and make updates to the Tentative Council Calendar as necessary. Consent Calendar Categories. The consent calendar section is where administrative and non-controversial items shall be presented. The Mayor/Chairperson and City Manager should be sensitive to high dollar value items and consider placing those items in the regular business section. Ordinances, Resolutions, and Contracts. All ordinances, resolutions and contracts shall be prepared by the City Attorney. No ordinance shall be prepared for presentation to the Council/Agency unless ordered by a majority vote of the Council/Agency, or requested by the Mayor/Chairperson, or City Manager, or prepared by the City Attorney on his or her initiative. The following ordinances and resolutions may appear on a consent calendar: 1. Second Reading of Ordinances. 2. Resolutions that are ceremonial in nature. 3. Budget amendments that accept funding such as grants or gifts provided the council has previously approved the activity or program. 4. Resolutions approving funding applications, such as grants or loans, provided that the program or activity has been previously approved by Council. Section 5. Teleconference Attendance of Council/Agency Members at Meetings. The specific requirements relating to teleconferencing per the Brown Act and related amendments shall apply to Council/Agency members. At least a quorum of the Council/Agency must participate from a location within the City (Government Code Section 54953(b)(3)).

RESOLUTION NO. 23-17 Page 6 of 12 If these two threshold requirements are met, the Council/Agency member who will be appearing telephonically must ensure that: • The meeting agenda identifies the teleconference location and is posted at that location in an area that is accessible and visible 24 hours a day for at least 72 hours prior to the meeting. • The teleconference location is open and fully accessible to the public, and fully accessible under the Americans with Disabilities Act, throughout the entire meeting. These requirements apply to private residences, hotel rooms, and similar facilities, all of which must remain fully open and accessible throughout the meeting, without requiring identification or registration. • The teleconference technology used is open and fully accessible to all members of the public to participate, including those with disabilities. • Members of the public who attend the meeting at the teleconference location have the same opportunity to address the Council/Agency from the remote location that they would if they were present in Council Chambers. • The teleconference location must not require an admission fee or any payment for attendance. • All votes must be by roll call. • If the meeting will include a closed session, the Council/Agency member must also ensure that there is a private location available for that portion of the meeting. Approved Teleconference Guidelines for Council/Agency Members. Council/Agency member must give notice in advance of the publication of the agenda to the City Clerk’s office. The notice must include: • The address at which the teleconferenced meeting will occur; • The address the Council/Agency packet should be mailed to; • Who is to initiate the phone call to establish the teleconference connection; and • The phone number of the teleconference location. If cellular telephones are used to participate in teleconferenced meetings, Council/Agency members need to ensure the speaker phone option is functioning. The Council/Agency member is responsible for posting the Council/Agency agenda in the remote location, or having the agenda posted by somebody at the location and confirming that posting has occurred. The City Clerk will assist, if necessary, by emailing, faxing or mailing the agenda to whatever address or fax number the Council/Agency member requests; however, it is the Council/Agency member’s responsibility to ensure that the agenda arrives and is posted. If the Council/Agency member will need the assistance of the City Clerk in delivery of the agenda, the fax number or address must be included in the advance written notice above.

RESOLUTION NO. 23-17 Page 7 of 12 The Council/Agency member must ensure that the location will be publicly accessible while the meeting is in progress. The Council/Agency member must state at the beginning of the meeting that the posting requirement was met at the location and that the location is publicly accessible and must describe the location. Notwithstanding the above, any temporary or permanent statutory regulations, authority or restrictions established by the provisions of the Brown Act, as amended, shall apply for teleconferencing or other remote participation and shall be incorporated in and apply to these Rules of Conduct. Section 6. Order of Business. Call to Order – 6:00 p.m. Roll Call Announcement of Closed Session Items Public Comments on Closed Session Items Closed Session Closed Session Report Invocation Pledge of Allegiance Corrections to the Agenda Ceremonial Items/Presentations Public Comments on Non-Agenda Items - Each speaker will have 3 minutes. All other comments which exceed the initial 30-minute period, unless otherwise provided by a majority of Council/Agency to extend time, will be continued to the end of the meeting. Note: Public Comments for Public Hearings, Regular Business and/or Consent Calendar shall be received at the time that matter of business is heard. Staff Communications on Items of Community Interest Public Hearing Regular Business Consent Calendar Public Comments on Non-Agenda Items. (Continued from the initial Public Comment period if necessary.) AB 1234 Travel Reports Council/Agency Orals Closed Session. (Continued from the initial Closed Session period if necessary.) Adjournment

RESOLUTION NO. 23-17 Page 8 of 12 The Mayor shall have the discretion to change the order of business. Council/Agency members may change the order of business by majority vote of the Council/Agency. Section 7. Procedure for Addressing the City Council/Agency. When a speaker is called, the speaker shall promptly approach the audience microphone and is requested but not required to give his/her name, whom they represent and/or city of residence in an audible tone of voice for the records. Failure to approach the audience microphone when called may preclude an opportunity to speak during that subject public comment period. A member of the public shall only address the legislative body from the audience microphone, unless authorized by the Mayor/Chairperson to speak from another location. During the Public Comment period any member of the public may address the Council/Agency on any non-agenda and agenda item at the time set forth in the order of business. Speakers shall be limited to three (3) minutes, with a total limit of thirty (30) minutes for Public Comments at the beginning of the meeting for non-agenda items. Mayor/Chairperson, in his/her discretion, and/or in consultation with the legislative body, may limit or extend time for public comment as he/she may find reasonable under the circumstances. Public Comments on non-agenda items will continue, if necessary, after all other business of the meeting is concluded. No person shall be permitted to interrupt members of the body, staff presentations, or members of the public who are at the microphone during a meeting. Members of the public can speak on any item on the agenda including Consent Calendar items. Comments on Consent Calendar items will be heard at the time the item is up for discussion or at the beginning of the Consent Calendar being consider at the direction of the Mayor/Chair. In order to expedite Council/Agency business and to avoid repetitious presentations, whenever an organization or group of persons wishes to address the Council or Agency on the same subject matter, it shall be proper for the presiding officer to inquire whether the organization or group has a spokesperson. If so, spokespersons may be allotted up to six (6) minutes to speak. A Council/Agency member wishing to ask questions of a member of the public should first be recognized by the Presiding Officer. State law does not permit the Council/Agency to act on or discuss an item raised during Public Comment, but Council/Agency members may ask brief clarifying questions and may ask City staff to follow up any concerns that are raised. Alternatively, the Council/Agency may request the issue to be agendized for discussion at a future Council/Agenda meeting.

RESOLUTION NO. 23-17 Page 9 of 12 Any person may record a meeting unless the body finds that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings. Section 8. Agency/Council Oral Reports and Action Items. The purpose of Council/Agency Orals is to allow Council/Agency to question staff briefly on matters which the Council/Agency has taken action or given direction; to make general comments as a reference to staff on factual matters of community concern; and provide updates or make brief announcements in a manner consistent with Government Code Section 54952.2. All Council/Agency requests for oral communications to be placed on an agenda shall be expressed in complete sentences and shall provide sufficient information to be in compliance with the Brown Act. All oral communications shall provide a brief, general description of each item of business to be transacted or discussed at the meeting and need not exceed 20 words. If a Council/Agency oral communication fails to comply with these requirements, the City Manager will not place the newly requested item on the agenda. Any Council/Agency member may bring a matter of business before the Council during Council/Agency orals to add an item to a future agenda. Placing an item on a future agenda requires a majority roll call vote. At that time, the Mayor/Chairperson shall coordinate with the City Manager or City Attorney as to the requisite time needed for City Staff to fully research the matter(s) requested and a reasonable time in which to present the matter(s) for Council/Agency discussion and/or action. All individual Council/Agency agenda items requested shall be placed on the future agenda under New Business. Commission/Committee appointment recommendations may be made during Council/Agency Orals. Pending background check clearance, all appointments will be made at a future meeting during presentations. Commission/Committee appointments do not need a vote of the City Council unless as otherwise required by resolution or ordinance of the Agency/Council. Section 9. Standards of Decorum. The Mayor/Chairperson shall be the presiding officer at Council/Agency meetings. The Chairperson shall be the presiding officer at Agency meetings. In the absence of the Mayor/Chairperson, the Mayor Pro Tem/Vice Chairperson shall be presiding officer. It shall be the duty of the Mayor/Chairperson to ensure that the rules of decorum and procedure contained herein are observed. The presiding officer shall have the right to terminate any oral communication where such is not within the subject matter jurisdiction of the Council/Agency or is

RESOLUTION NO. 23-17 Page 10 of 12 redundant or repetitious. Debates between Council/Agency members and the public should be discouraged Council/Agency Members: Council/Agency members shall conduct themselves in an orderly, professional, and businesslike manner to ensure that the business of the City shall be attended to efficiently and thoroughly and to ensure that the integrity of the deliberative process of the Council/Agency is maintained at all times. Council/Agency members shall maintain a polite, respectful, and courteous manner when addressing one another, the City Staff, and members of the public during Council/Agency meetings. City staff shall not engage in dialogue with members of the public during City Council meetings and shall limit conversations between themselves as much as possible. City Staff shall direct all comments and presentations to the Council/Agency and/or Presiding Officer. When addressed by a Council/Agency member, Staff shall respond in a polite, professional, and courteous manner. All requests to speak by members of the City Staff shall be made to the Presiding Officer. Speakers shall not engage in willful conduct which interrupts the meeting or interferes with the orderly conduct of the meeting. Any speaker who becomes boisterous while addressing the Council/Agency or who otherwise disrupts the orderly conduct of the Council/Agency business shall be called to order by the Mayor/Chairperson. If the conduct continues, the Mayor/Chairperson may bar the speaker from speaking and/or attending the meeting. Any disruption of the meeting shall be addressed in a manner consistent with AB 1100. Section 10. Enforcement of Decorum. The Chief of Police, or his/her designee shall be sergeant-at-arms of the Council/Agency meetings. The sergeant-at-arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at Council/Agency meetings. The sergeant-of-arms shall enforce the rules of decorum and remove and/or arrest any person upon the direction of the Presiding Officer, or upon his or her own discretion, as applicable. Section 11. Handbook of Procedural Rules. The council shall adopt by resolution a handbook of procedural rules governing any aspect of the conduct of meetings and hearings for the council and its standing committees, including but not limited to agenda requirements, the order of business, rules of order, rules of evidence, closed session procedures and rules for public participation in meetings. The handbook of procedural rules shall be deemed guidelines and failure to comply with any procedural rule shall not be the basis for challenge to or invalidation of any action of the council, nor shall they be construed to create any independent remedy or right of action of any kind.

RESOLUTION NO. 23-17 Page 11 of 12 SECTION 2. 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. This Resolution shall remain in effect until the City Council conducts a study session and adopts a final Resolution setting the Rules of Order of the City Council/Agency meetings. SECTION 3. This Resolution to the extent that any provision is inconsistent with previous Resolutions Nos. 89-70, 06-22, 11-89 and 19-124, which adopted rules of conduct for City Council and Successor Agency meetings shall regulate and control the conduct of City Council/Agency meetings. APPROVED AND ADOPTED THIS 22nd DAY OF FEBRUARY 2023. _______________________________ David N. Torres, Mayor ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF MONTEBELLO ) I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 23-17 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 22th day of February 2023 and that said Resolution was adopted by the following vote, to-wit: AYES: NOES:

RESOLUTION NO. 23-17 Page 12 of 12 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 # 10

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: John Soria, Acting Director

SUBJECT: ADOPT RESOLUTION NO. 24-13 TO AUTHORIZE SUBMISSION OF AN APPLICATION FOR FISCAL YEAR 2024-25 TO THE METRO BUS

OPERATIONS SUBCOMMITTEE FOR FEDERAL TRANSIT
ADMINISTRATION SECTION 5307 - 15% DISCRETIONARY CAPITAL FUNDS AND 1% ASSOCIATED TRANSIT IMPROVEMENT FUNDS

DATE: March 13, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt Resolution No. 24-13 to authorize submission of an application for Fiscal Year 2024-25 to the Metro Bus Operations Subcommittee for Federal Transit Administration Section 5307 - 15% Discretionary Capital Funds and 1% Associated Transit Improvement Funds; and

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

FISCAL IMPACT:

The City of Montebello is preparing to submit an application for two funding requests for the Fiscal Year 2024-25 Federal Transit Administration (FTA) Section 5307 grant program. The first request, falling under the 15% Discretionary Capital Funds, seeks $3,500,000 (the total amount includes a required twenty percent [20%] non-Federal match amount) to support the acquisition of a mobile hydrogen fuel station. Meanwhile, the second request, allocated from the 1% Associated Transit Improvement Funds, aims for $800,000 (the total amount includes a required twenty percent [20%] non-Federal match amount) to contribute to essential replacements and enhancements outlined in the Bus Stop Improvement Plan analysis.

All future procurement processes required for obtaining the mobile hydrogen fuel station,

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 13, 2024

as well as executing replacements and enhancements for the Bus Stop Improvement Plan (BSIP), will be integrated into the City's annual budget development process for each designated fiscal year. Each stage of the proposed procurement processes will be presented to the City Council for review and approval.

BACKGROUND/DISCUSSION:

The Bus Operations Subcommittee (BOS) is comprised of seventeen (17) voting members (Attachment A) and operates under the authority of the Los Angeles County Metropolitan Transportation Authority (Metro). The City, by and through Montebello Bus Lines (MBL), is an active member of the BOS that meets to provide regional public transportation operators with technical assistance and the opportunity to discuss various transportation related policies, financing programs, and operating issues within Los Angeles County. On March 1, 2024, the BOS posted a notice announcing the opportunity for BOS voting members to apply for FY 2025 FTA Section 5307 – 15% Capital Discretionary Funds and 1% Associated Transit Improvement (ATI) Funds (Attachment B).

The 15% Discretionary Capital Funds prioritize replacing buses exceeding 12 years of their life expectancy, extending the lifespan of existing buses, upgrading or replacing bus operation facilities, and fostering projects related to alternative fuel, transit centers and farebox technology. On February 28, 2024, the City Council approved Agreement No. 4183 with New Flyer of America, Inc., for the acquisition of three (3), heavy-duty, hydrogen fuel cell transit buses. The next phase involves procuring a mobile hydrogen fuel station -- a flexible and transportable facility designed for dispensing hydrogen to fuel cell vehicles. Unlike traditional, fixed fuel stations, these mobile counterparts offer adaptability, catering to temporary fueling needs or providing support in areas where a permanent station might not be practical. The station includes equipment for compressing, storing, and dispensing hydrogen into fuel cell vehicles. Preparing for the next phase, staff anticipates utilizing the allocated 15% Discretionary Capital funds - if awarded – to assist in purchasing a mobile hydrogen fueling station.

The 1% Associated Transit Improvement (ATI) funds focus on projects across six (6) categories: bus stop amenities, signage, pedestrian and bicycle access, landscaping, and historic preservation. Eligible initiatives encompass a range of improvements, from enhancing transit infrastructure like shelters and signage to promoting accessibility for pedestrians and cyclists, as well as preserving historic mass transportation facilities. On February 28, 2024, the City Council awarded a professional services agreement (No. 4180) to Kimley, Horn and Associates Inc., for the Bus Stop Improvement Project. The project aims to conduct a comprehensive analysis of the entire MBL bus stop infrastructure, involving a thorough survey and inventory of all bus stops within and beyond the City's jurisdiction. The City plans to leverage the ATI funds for the replacement of signage, benches, and trash receptacles based on the analysis findings.

If the fund request is awarded, the City intends to use the funds to implement the necessary replacements and enhancements for these bus stop amenities.

The City is eligible for both the FY 2025 FTA Section 5307 – 15% Discretionary Capital Funds and 1% Associated Transit Improvement (ATI) Funds following the guidelines set

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 13, 2024

by the BOS (Attachment B). If granted, the funding will aid MBL in aligning with the City’s dedication to investing in innovative, cutting-edge technology, facilitating a continued reduction of its carbon footprint and supporting the sustainable electrification of transportation.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City Council Adopt Resolution No. 24-13 to authorize the submission of an application for Fiscal Year 2025 to the Metro Bus Operations Subcommittee for Federal Transit Administration Section 5307 - 15% Discretionary Capital Funds and 1% Associated Transit Improvement Funds; and take such additional, related, action that may be desirable.

ATTACHMENT(S)

1. Attachment A - BOS Member Agencies

2. Attachment B - FY2025 FTA Section 5307 – 15% Discretionary Capital Funds and 1% Associated Transit Improvement Funds Guidelines

3. Attachment C- Resolution No. 24-13

NEXT STEPS:

N/A

ARTICLE II. MEMBERSHIP
The Bus Operations Subcommittee shall consist of seventeen (17) voting members and ex-officio members selected as follows:
a. Included Operators of Los Angeles County [one (1) vote each]:
• Arcadia Transit
• Claremont Dial-A-Ride
• Commerce Municipal Bus Lines
• Culver City Municipal Bus Lines
• Foothill Transit**
• Gardena Municipal Bus Lines
• LACMTA Operations
• La Mirada Transit
• Long Beach Transit
• Los Angeles Department of Transportation*
• Montebello Bus Lines
• Norwalk Transit System
• Redondo Beach Wave
• Santa Monica’s Big Blue Bus
• Torrance Transit System
b. Eligible Operators of Los Angeles County [one (1) vote each]:
• Antelope Valley Transit
• Santa Clarita Transit
c. Non-Voting Members (Ex-Officio)
• MTA – Approved Transportation Zone(s)1
* Asterisk represents that those operators are either receiving partial or full formula funding under the eligible operator criteria.
1 MTA approved Transportation Zone(s) shall become Included Operators and eligible to vote once provisions for eligibility have been achieved per established guidelines.

ATTACHMENT A

1 BOS
Bus Operations Subcommittee
__________________________Date: March 1, 2024
To: BOS Members
From: John Xie, BOS Secretary
RE: FY2025 Appropriations of FTA Section 5307 – 15% Discretionary Capital and 1% Associated Transit Improvement (ATI) Funds
In 2024, BOS Working Group reviewed and considered potential modification of the priorities, application process, forms and scoring sheets associated with the FY 2025 FTA Section 5307 – 15% Discretionary Capital and 1% Associated Transit Improvement (ATI) Funds project process.

The draft guidelines were discussed during the BOS meeting of February 20, 2024. BOS discussed bus price survey cost methodology during the FY 2023 review process and confirmed the bus price value is total bus cost: base pricing, options, ADA expenses and taxes.

During the 2023 application process, BOS approved annual funding to the California Transit Training Consortium (CTTC) for a three-year annual allocation for FY2024 ($360,000), FY2025 ($360,000) and FY2026 ($360,000). The CTTC will not resubmit a request for the next application period. The CTTC funding allows for BOS members to benefit from the Maintenance Training program at no cost to the transit agency. Long Beach Transit submits the application as the lead agency and allocates the funds directly to CTTC. The CTTC allocation is awarded first from the annual 15% funding.

BOS members voted to approve the application packet at the February BOS Meeting. The packet includes: principles, priorities, application procedures and updated bus pricing survey (Attachment A); and project description and justification templates (Attachment B) and the required Transit Agency Certification Sheet. As has been done in the past, the project proposals will be evaluated based on approved principles, priorities and eligibilities. No amendments are proposed to Principles, Priorities, Application Procedures and Application Templates.

The schedule for the application and award process is as follows:

February 20, 2024 Principles and Application packet approved at BOS March 1, 2024 Final Principles and Application Packet emailed to BOS members
March 28, 2024 – 5:00 PM
(Thursday)
PROJECT PROPOSALS DUE via email to
[email protected]
LATE submissions will be DISQUALIFIED
April 3, 2024 Agencies’ Proposals and Scoring Sheets emailed to BOS members for evaluation
April 16, 2024
(BOS Meeting)
Agency presentation and final scoring; award amount
recommendation
Please submit your project proposal(s) in accordance with Application Procedures outlined in the application packet. If you have any questions and/or require additional information, please contact John Xie at 626-931-7261 or [email protected]. Thank you all for your participation and contributions to this process.
9 ATTACHMENT B

ATTACHMENT B
1 FTA Section 5307
15% Discretionary Capital and 1% Associated Transit Improvement (ATI) Funds The following principles shall be applied to project applications for both funding sources:

Principles:

1. Qualifying agencies may submit only one project per funding category.

2. Qualifying agencies may submit separate applications for the same project in both the 15% and 1% categories, for eligible expenditures. The eligible expenditures shall be identified, and the funding amount shall be estimated in both project applications by category.

3. In order for a project to be eligible for funding, it must receive a score of 70 or higher.

4. No one agency is eligible to claim more than 50% of the available funding for in either funding source.

5. Multi-agency cooperation on projects is encouraged.

6. Overmatching on projects is encouraged.

7. Discretionary capital funds originating from federal urbanized area formula funds for Urbanized Area 2 (UZA 2) shall be recommended for allocation only for projects that are located within, operate within and/or generate National Transit Database (NTD) data, and therefore federal revenues for UZA 2. Agencies with projects located in or operated outside of UZA 2, that also provide direct service to operations within UZA 2 will be considered for funding only in proportion to their UZA 2 operations. ex: 80% of a route is allocated to UZA x, with the remaining 20% of the route allocated to UZA 2 (as reported to NTD for annual reporting purposes). Through this process, only 20% of the total bus cost will be considered for funding at the federal approved percentage.1

8. Any BOS member agency who is unable to send a voting representative to the scoring meeting may submit their scores for inclusion in the scoring process.

9. BOS shall re-evaluate these principles, priorities and procedures on an annual basis. 1 For example, if a commuter bus reports 50% of its NTD data in UZA 2 and 50% of its NTD data in another UZA, an applicant may only request 50% of the needed funding from UZA 2’s discretionary funds. Similarly, UZA 2 discretionary funds cannot be used to build/expand facilities in support of local fixed route services operating outside UZA 2, but may be used to build/expand facilities in proportion to their need to support operations within UZA 2. 10

ATTACHMENT B
2 SECTION 5307 – 15% DISCRETIONARY CAPITAL FUNDS
The following priorities (not in any order) will be used to determine 15% Discretionary Capital Funds project eligibility:
 Bus Purchases
o Replacement of existing buses that are at least 12 years old or have exceeded their life expectancy. Per SCAQMD Fleet Rule 1192, only alternative fuel vehicles which do not rely on diesel fuel may be purchased for operation within the South Coast Air Quality Management District. Hybrid-electric and dual-fuel technologies that use diesel fuel are not considered alternative fuel technologies. Replacement buses have first priority within this category.
o Service enhancement buses – lesser priority within this category.  Mechanical rehabilitation of existing buses in order to extend the life of the bus for at least another 6 years.
 Bus Operation, Maintenance & Administration Facility – new or replacing existing facility at least 50 years old. Structural rehabilitation or expansion of existing facility in order to extend the life expectancy at least another 25 years; or modifications to existing facility to accommodate alternative fuel infrastructure.
 New alternative fuel or zero emission infrastructure projects (i.e. charging stations).  Transit center projects.
 Regional farebox technology projects which adhere to FTA procurement requirements.  Metro may be eligible to receive up to 50% of the 15% Discretionary Capital funding total upon submission of a qualifying project.
11

ATTACHMENT B
3 BOS Survey - Average Bus Prices for FY2024 Funds
Updates were made to the bus price survey conducted with adjustments made for recent procurements. BOS member agencies were requested to submit information on recent transit vehicle purchases (bus type, number purchased and vehicle costs including base cost, options, ADA, and taxes). The average of the total vehicle prices by vehicle type is based on the survey results, the CalACT/MBTA Purchasing Cooperative Agreement, DGS2, recent vehicle purchases, and escalated 5.30% cost increases due to supply chain issues. Transit vehicle requests are capped using the average prices below:

Vehicle Type Agencies Purchases # of
Vehicles
Weighted
Average Note
Paratransit Minivan (Class D) 1 1 51 $60,777 Access
Paratransit Cutaway, Gasoline 1 1 4 $89,889
Paratransit Cutaway Van
Gasoline (Type C) 1 1 5 $126,703 2019 BOS + CPI
25 Cutaway, CNG (Type F) 1 1 3 $199,210
Low Floor Cutaway, CNG (Type
G) 1 1 4 $236,838 City of Commerce
Fixed Route Cutaway, 27', CNG 2 2 4 $171,353
30' CNG 1 1 1 $549,099
30' Electric 2 2 132 $929,459 LADOT, Commerce
32' CNG Bus 2 2 15 $517,291
35' Electric 2 2 21 $1,082,408 DGS Pricing, LBT
35' CNG Bus 2 2 4 $674,802
40' CNG Bus 4 4 731 $761,026 Metro, NCTD, OCTA
40' H2 Fuel Cell 4 4 139 $1,509,301
40' Electric Bus 2 2 138 $977,373
40' Double Decker Electric Bus 1 1 12 $1,758,000 Foothill Transit 45' Electric Bus-Commuter 1 1 24 $1,600,492 AVTA
45' Commuter Bus-CNG 1 1 2 $945,265 2019 BOS + CPI
60' CNG Articulated Bus 2 2 170 $1,207,811 Foothill
60' Electric Articulated Bus 1 1 40 $2,101,716 Metro + CPI 2 DGS: California Department of General Services Zero Emission Contract 12

ATTACHMENT B
1 SECTION 5307 – 1% ASSOCIATED TRANSIT IMPROVEMENT (ATI) FUNDS While the “Fixing America’s Surface Transportation Act” (FAST) ended the requirement for recipients to expend 1% of their funding for Associated Transit Improvements, BOS agrees that it is critical to remain focused on enhancing public transportation services.

The Los Angeles region is primed to grow transit ridership and is currently working to develop innovative solutions that address customer needs based on a better understanding of the changes in the region’s demographics, travel options and patterns. Dedicated funding to address these changes and implement future solutions that attract customers to ride more by retaining current customers, reclaiming past customers, and recruiting new customers, is critical to the success of transit in the County.

Therefore, in Los Angeles County, Associated Transit Improvements will continue to be funded with 1% of the regional FTA 5307 funding total upon submission of a qualifying project during the competitive process. Metro may be eligible to receive up to 50% of the total allocation of 1% funds.

Project priority and eligibility for 1% Associated Transit Improvement funds are numbered by priority and include the following:

1. Bus Stop Amenities including: bus shelters and furnishings, accessibility improvements, tables, benches, trash receptacles and street lights

2. Signage, including electronic systems

3. Pedestrian access and walkways and other enhanced access to mass transportation for persons with disabilities

4. Bicycle access, including bicycle storage facilities and installing equipment for transporting bicycles on mass transportation vehicles

5. Landscaping and other scenic beautification of transit-associated facilities

6. Historic preservation, rehabilitation and operation of historic mass transportation buildings, structures and facilities (including historic bus and railroad facilities) 13

ATTACHMENT B
2 APPLICATION PROCEDURES
The Transit Agency Certification Form must be completed, signed by your agency’s designee, and submitted along with the Project Description and Justification Forms. Each Project and Justification Forms must be sent in ADOBE PDF format. Send separate Project PDF documents for the 15% forms and the 1% categories.

Agencies may submit separate applications for the same project in both the 15% and 1% categories, for eligible expenditures.

The FY2025 fund allocations for FTA Section 5307 15% Capital Discretionary and 1% set aside for Associated Transit Improvements (ATI) Funds have not been released at this time. The estimated available funding will be based on the FY2024 funds of $48,858,194 and $3,976,422 respectively. These fund estimates will be adjusted when the official funding marks are made available by the time of the fund award recommendation, scheduled for April 16, 2024. Agencies shall submit projects in accordance with federal guidelines.

In order to be considered, your project proposal must be submitted via email by 5:00 PM, Thursday, March 28, 2024. Any proposals received after the deadline will be deemed disqualified. Since there is a good chance that the clocks on our Outlook systems may have minor discrepancies, it is recommended that you submit the proposal(s) about 15 minutes before 5:00 PM on the due date. Please try to limit proposals to no more than two pages while concisely addressing issues.

Please submit projects by e-mail only to: John Xie
Foothill Transit
[email protected]
626-931-3369
You will receive an e-mail confirmation upon receipt of your application(s). 14

ATTACHMENT B
3 Evaluation and Award Procedures:

A package of scoring sheets and projects from certified agencies will be emailed to BOS members on Wednesday, April 3, 2024. BOS members will review all of the projects, except their own, and score them according to the approved criteria prior to the April 16, 2024 BOS meeting. At the BOS meeting, all the agencies that have submitted projects will have an opportunity to provide a three-minute presentation on each project and answer any questions regarding the agency’s project(s).

Each agency will submit a final score on each project. Each agency’s project is compared to the other project applications, therefore, only one agency shall receive the highest overall score for the 15% and the 1% applications, and each application shall receive its own unique score for the 15% and 1% categories. After the highest and lowest scores for each project are omitted to eliminate any inconsistencies, each project will receive an average score and will be placed in rank order. In order for a project to be eligible for funding, it must score 70 points or higher.

BOS members will discuss the projects and allocate available funds based on the scoring of the principles and project priorities herein. Priority for funding shall be given in scoring order, and no one project may receive more than 50% of the associated funding pot. It may occur that projects are not funded in their entirety.

Should the project submittals exceed available funds for either the 15% Discretionary Capital Funds or 1% Associated Transit Improvement (ATI) Funds, awards will be made according to an agreed upon scoring procedure by BOS members. After all projects have been scored and funds allocated, any remaining funds available will be allocated in the following order:

1. Increase funding levels (percent of project funded) to eligible projects already funded.

2. Begin funding projects that fell below the 70% eligibility threshold.

3. Conduct a second round of applications for award.

This order will also pertain to any projects that are interrupted and will not be completed due to unforeseen reasons. Once consensus is reached among BOS members and a vote to accept the allocations is conducted, the recommended award amounts will be forwarded to the Metro Board for approval.
15

ATTACHMENT B
4 5307 Discretionary Application Scoring Guidelines
The 5307 Discretionary Application Process under BOS is an annual competitive procedure to award funds to the Municipal Operators for various capital transit projects. Please consider the following criteria when evaluating the projects to determine your scores for the applications.

1. Scoring:
a. Each agency’s project is compared to the other project applications. There should only be one agency who receives the highest overall score for the 15% and the 1% applications.
b. Each application should receive its own unique score when compared to another application in either the 15% or 1% funding categories.

2. Project Need
Rank the projects against each other comparing the vehicle ages, mileage, and lifetime of the vehicles. Consider how the agency uses its 5307 funding – i.e., vehicles, preventive maintenance, facilities, etc. Does the project meet the agency’s Transit Asset Management (TAM) Plan guidelines?

3. Leveraging:

Leveraging funds describes the applicant’s ability to provide a higher local match than the required 20%. Projects with a higher local contribution allow BOS the potential to fund a higher number of projects with the available funds.

4. Project Readiness:

Examples of Project Readiness may include an explanation in which plans and specifications are nearly complete or complete. For example, bus purchases may score higher if the agency has plans through a joint procurement/cooperative agreement or is on an existing bus purchase contract with options. Transit amenities projects may include an explanation that describes the progress of the plans and specifications; plans that are nearly 100% complete should score higher than projects that have completed specifications that are less than 100%. Scoring should be incrementally lower based on the status of the completion of the specifications.

5. Benefit to Transit Users
Rank the project’s contributions to transit benefits. For example: Does the project improve air quality? Does the project directly benefit users or provide an indirect benefit (such as air quality, reduces congestion, etc.) Does the project support or improve regional coordination or connections? Does the project increase transit ridership? 16

FTA Section 5307
15% Discretionary Capital and 1% Associated Transit Improvement (ATI) Funds

TRANSIT AGENCY CERTIFICATION FORM
(Please circle YES or NO for each question)

1. Is your agency a current FTA grantee? YES NO

2. Does your agency file NTD reports with the federal government? YES NO

3. Does your agency have lapsing 15% and 1% funds which are not already in obligated grants, programmed in the TIP, or in a TIP project already submitted to Metro? YES NO

4. If your agency receives full funding from other sources for the same project, do you agree to return excess funds to the “pot” for reallocation?YES NO

5. Has your agency sold or traded any transit specific funds for non-transit funds resulting in an overall loss of transit funds to the agency in the last two fiscal years? YES NO

6. If your project is a bus purchase, does your project comply with the SCAQMD Fleet Rule 1192 which is required for any transit bus operated within the LA UZA region? YES NO AGENCY CERTIFICATION:

I certify that the above statements are true and accurate and that my agency’s applications for FTA 5307 15% Discretionary Capital and/or 1% Associated Transit Improvement Funds demonstrate viable projects for which match funding has been identified. _____________________________________
Printed Name and Title
_____________________________________ ________________________________ Signature Date
BOS Review By: Date:
_______________________________________________________________________________ 17 ATTACHMENT B

ATTACHMENT B
Project Description
1 FY 2025 SECTION 5307
15% CAPITAL DISCRETIONARY FUND

PROJECT DESCRIPTION AND JUSTIFICATION TEMPLATE
Due by Thursday, March 28, 2024 at 5:00 PM to John Xie at [email protected] AGENCY:

PROJECT SHORT TITLE: ________________________________________________ PROJECT DESCRIPTION: _______________________________________________ _____________________________________________________________________ PROJECT JUSTIFICATION / NEED: (45 points) _____
Projects requesting vehicles should minimally answer the following:

How old is the vehicle being replaced and how many miles will it have on it at the time of replacement? Do they meet FTA end of life cycles? Were the vehicles purchased new or used? If used, how old were they at the time of purchase? Describe how you use your CAP 5307 funds.

Projects requesting facilities should minimally answer the following:

How old is the facility being replaced? What is the size of the facility being planned? Describe the need for additional facility space. If requesting a fueling facility, describe the current fueling situation. Is the agency switching fuel paths?
PROJECT READINESS: (20 points)
Is the project in an agency-approved SRTP? Provide TIP Project number and TIP year.

If funding request is for vehicles, when is vehicle delivery expected? If funding request is for a facility: Has the facility been designed? Has it completed preliminary engineering? Has it undergone an environmental review (EIR)? Is there any community opposition to the project?
COST EFFECTIVENESS & LEVERAGING: (20 points)
What other funding pots have you applied for to pay for this project? (e.g. Federal Appropriations or Call for Projects) How much unobligated FTA 5307 15% funds does your agency have? What are the plans for obligating those funds in a grant? What other unobligated capital funds do you have? How are you planning to spend those funds? What other competitive funding has already been awarded for this project, and what is the dollar value of the award/s?
BENEFIT TO TRANSIT USERS: (15 points)
Describe any benefits to the region through this project’s implementation. How will this project improve the regional transit network?
PROJECT COST AND FUNDING REQUEST:

A minimum of 20% Local Match is required.
18

ATTACHMENT B
Project Description
2 Priority # ____
FY 2025 SECTION 5307
1% ASSOCIATED TRANSIT IMPROVEMENT (ATI) FUNDING

PROJECT DESCRIPTION & JUSTIFICATION TEMPLATE
Due by Thursday, March 28, 2024 at 5:00 PM to John Xie at [email protected] AGENCY: _____
PROJECT SHORT TITLE:________________________________________________ PROJECT DESCRIPTION: _______________________________________________ _____________________________________________________________________ PROJECT JUSTIFICATION / NEED: (45 points)
Why is the agency performing the project?
What is the need for the project?
PROJECT READINESS: (20 points)
Is the project in an agency-approved SRTP?
Provide TIP Project number and TIP year.

When is the project expected to be completed?
COST EFFECTIVENESS & LEVERAGING: (20 points)
What other funding pots have you applied for to pay for the project? What other competitive funding has already been awarded for this project, and what is the dollar value of the award/s? How much unobligated FTA 5307 1% funds does your agency have? What are the plans for obligating those funds in a grant? What other unobligated capital funds do you have? How are you planning to spend those funds? BENEFIT TO TRANSIT USERS: (15 points)
Describe any benefits to the region through this project’s implementation. Include relevant connectivity to other transit systems, light rail, etc.

PROJECT COST AND FUNDING REQUEST:

A minimum of 20% Local Match is required.
19

ATTACHMENT _C_
RESOLUTION NO. 24-13

RESOLUTION OF THE CITY OF MONTEBELLO, CALIFORNIA,
APPROVING THE APPLICATIONS FOR FY 2025 FEDERAL TRANIST
ADMINSTRATION SECTION 5307 – 15% DISCRETIONARY CAPITAL
FUNDS AND 1% ASSOCIATED TRANIST IMPROVEMENT FUND

COMPETITIVE GRANTS

RECITALS
WHEREAS, the Federal Transit Administrator has the authority to award federal financial assistance for a transportation project; and
WHEREAS, the grant or cooperative agreement for federal financial assistance will impose certain obligations upon the applicant and may require the applicant to provide the local share of the project cost; and
WHEREAS, the applicant has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; and WHEREAS, the Bus Operator Subcommittee is responsible for approving eligible projects for both Section 5307 – 15% Discretionary Capital Funds and 1% Associated Transit Improvement funds within the framework of the Bus Operations Subcommittee (BOS); and
WHEREAS, the applicant will adhere to the FY 2025 Application Guidelines and submit an eligible project.

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

APPROVES THE FILING OF AN APPLICATION FOR THE APPLICATION FOR FY 2025 FEDERAL TRANIST ADMINSTRATION SECTION 5307 – 15% DISCRETIONARY CAPITAL FUNDS AND 1% ASSOCIATED TRANIST IMPROVEMENT FUND

COMPETITIVE GRANTS
SECTION 1: Approvals and Certifications.

1. Certifies that said Applicant has or will have available, prior to commencement of any work on the projects included in this application, the sufficient funds to complete the projects; and

2. Certifies that if funding is awarded, the Applicant has or will have sufficient funds to operate and maintain the projects; and

RESOLUTION NO. 24-13

3. Delegates the authority to the Director of Transportation or her designees to execute and file with its application for federal assistance grant or cooperative agreement; and

4. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines; and
SECTION 2: That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.

APPROVED AND ADOPTED this _13__rd day of _March_ 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. 24-13 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 13th day of March 2024 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

RESOLUTION NO. 24-13

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 # 11

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: John Soria, Acting Director

SUBJECT: ADOPT RESOLUTION NO. 24-12 AUTHORIZING SUBMITTAL OF AN

APPLICATIONS TO THE FEDERAL TRANSIT ADMINISTRATION FOR

FUNDING TO PURCHASE ZERO-EMISSION BUSES UNDER THE LOW

OR NO EMISSION GRANT PROGRAM AND THE GRANTS FOR BUSES

AND BUS FACILITIES PROGRAM

DATE: March 13, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt Resolution No. 24-12 authorizing the City of Montebello to submit applications to the Federal Transit Administration (FTA) to receive funding for two (2) grant programs: (i) the Low or No Emission Grant Program (“Low-No Program”) in the amount of $10,500,000; and (ii) the Grants for Buses and Bus Facilities Program (“Bus and Bus Facilities Program”) in the amount of $10,500,000 (collectively, hereinafter the “Grants”); and

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

FISCAL IMPACT:

The City of Montebello (City) will submit two (2) separate applications in accordance with the Notice of Funding Opportunity (NOFO) guidelines (see Attachment “A”), each in the amount of $10,500,000 (the total amount includes a required non-Federal match amount), for funds under the FTA’s Low-No Program and the Bus and Bus Facilities Program.

If a project submitted for consideration under both programs is selected for funding, the FTA will exercise its discretion to determine under which program the project will receive an award. This funding will assist with the purchase of up to two (2) hydrogen fuel cell

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 13, 2024

electric buses (FCEBs) and a permanent hydrogen fuel cell station. All future procurement processes required for FCEBs and the hydrogen fuel cell station will be presented to the City Council for review and approval as necessary. In addition, the budget appropriations will be presented to the City Council for the approved purchase request.

BACKGROUND/DISCUSSION:

On October 27, 2021, the City Council adopted Resolution No. 21-80 approving Montebello Bus Lines’ (MBL) Zero Emission Bus (ZEB) Rollout Plan (see Attachment “B”) to serve as a blueprint for how MBL plans to achieve a complete transition to zero- emissions technologies by 2040. Furthermore, the ZEB Rollout Plan provides information on strategies necessary to address MBL’s current bus fleet composition, future bus purchases, facilities and infrastructure modifications, and potential funding sources. In accordance with the ZEB Rollout Plan, MBL identified FTA’s Low-No Program and the Bus and Bus Facilities Program as additional funding opportunities to assist with purchasing up to two (2) FCEBs and a permanent hydrogen fuel cell station.

On February 8, 2024, the FTA posted a combined NOFO announcing the opportunity for transit agencies to apply for approximately $1.1 billion in funds under the Low-No Program and approximately $390 million in funds under the Buses and Bus Facilities Program for Fiscal Year 2023-24. These programs provide the FTA an opportunity to award grants through a competitive process to transit agencies for low- or zero-emission projects, including the purchase or lease of low- or zero-emission buses and related equipment that use advanced technologies for transit-related operations.

The City is eligible to apply for the Grants in accordance with Section 5307 of Title 49, U.S. Code. If awarded, this funding will assist MBL in aligning with the City’s commitment to invest in the innovative, cutting-edge technology required to further reduce its carbon footprint and support the sustainable electrification of transportation.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City Council adopt Resolution No. 24-12 (Attachment “C”) authorizing the City of Montebello to submit applications to the Federal Transit Administration (FTA) to receive funding for two (2) grant programs: (i) the Low or No Emission Grant Program (“Low-No Program”) in the amount of $10,500,000 and (ii) the Grants for Buses and Bus Facilities Program (“Bus and Bus Facilities Program”) in the amount of $10,500,000; and take such additional, related, action that may be desirable.

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 13, 2024

ATTACHMENT(S)

1. Attachment A - Federal Register Vol. 87 No. 43 Notice of Funding Opportunity

2. Attachment B - Resolution No. 21-80 approving MBL’s ZEB Rollout Plan

3. Attachment C - Resolution No. 24-12

NEXT STEPS:

N/A

8741 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices of conductors under 49 CFR part 242.

See 49 CFR 240.101; 49 CFR 242.101.

2. Submit to FRA for approval a list
of conductors and engineers who have
been certified under the written
programs approved by FRA, with
complete, written certification
determinations for each individual as
required under 49 CFR 240.109 for
engineers, and 49 CFR 242.109 for
conductors.

3. Submit to FRA for approval a
written program of operational tests and
inspections to be put in effect in
accordance with 49 CFR 217.9.

4. Submit to FRA for approval a
training program in compliance with 49
CFR part 243 for training, qualification,
and oversight of safety-related railroad
employees.

5. Submit to FRA for approval an on-
track safety program that complies with
the requirements of 49 CFR part 214,
subpart C, and complete training and
qualification records in accordance with
that program for all employees who will
engage in any on-track work or use of
roadway maintenance machines.

6. Submit to FRA a list of designated,
qualified persons responsible for
maintenance and inspection of track in
accordance with 49 CFR 213.7.

7. Accompany FRA track inspectors
on a joint inspection of all BNGR track.

8. Complete all remedial actions
noted by FRA for track defects
identified following the joint inspection
and submit records of all required track
inspections after the completion of all
remedial action.

9. Certify to FRA that a self-audit of
HOS records has been completed and
submit to FRA any records found to be
incorrect or substantially incomplete
with corrections to those records, to the
extent possible.

10. Certify to FRA that all employees
have been trained on HOS requirements
under 49 CFR part 228; 49 U.S.C. ch.
211.

11. Certify to FRA that all employees
have been trained on the requirements
under 49 CFR part 225 to report
accidents and incidents to FRA.

12. Submit to FRA all records of
inspections required to be maintained
under § 234.109 (system malfunction at
highway-rail grade crossings).

13. Certify that all locomotives are in
proper condition and fit for service in
accordance with 49 U.S.C. ch. 207 and
49 CFR part 229.

14. Obtain approval from the FRA
Administrator that all requirements of
this Order have been met and properly
performed.

To obtain relief, BNGR must take the
actions described above and submit all
required information and certifications
to [email protected] and
subsequently inform the FRA
Administrator in writing that it believes
all of the requirements of this Order
have been met. FRA will conduct
verification inspections and will inform
BNGR in writing whether it is in
compliance with this Order so that the
Order may be lifted. If FRA does not lift
the Order, FRA’s written response will
specifically describe what additional
measures need to be taken to meet all
of the requirements of this Order.

Partial Relief
For FRA to consider granting partial
relief from this Order, BNGR must
submit a written plan for approval to
[email protected] that provides a
detailed explanation of the partial relief
sought, the specific measures that BNGR
proposes to ensure the safety of any
operations to be permitted, and the
period of time for which such partial
relief is sought.

Any partial relief provided will
remain subject to BNGR’s compliance
with its approved written plan to
provide safety measures, limitations on
operations, and time periods for each
component part of the partial relief.

Failure to comply with any material
provision of the approved plan will
result in the partial relief being revoked.

Penalties
Any violation of this Order or the
terms of any approved written plan
pursuant to this Order subjects the
person (railroad carrier) committing the
violation to a civil penalty of up to
$35,516 for ordinary violations and
$142,063 for aggravated violations for
each day the violation continues. 49
U.S.C. 21301; 88 FR 89551 (Dec. 28,
2023). Any individual (railroad
personnel) who willfully violates a
provision stated in this Order is subject
to civil penalties under 49 U.S.C. 21301.

In addition, such an individual (railroad
personnel) whose violation of this Order
demonstrates the individual’s unfitness
for safety-sensitive service may be
removed from safety-sensitive service
on the railroad under 49 U.S.C. 20111.

If appropriate, FRA may pursue
criminal penalties under 49 U.S.C.
522(a) and 49 U.S.C. 21311(a), as well
as 18 U.S.C. 1001, for the knowing and
willful falsification of a report required
by this Order. FRA may, through the
Attorney General, also seek injunctive
relief to enforce this Order. 49 U.S.C.
20112.

Effective Date and Notice to Affected
Persons
This Order takes effect at 12:01 a.m.,
C.S.T., on February 3, 2024, and applies
to operations of all trains, locomotives,
and any other on-track rail vehicles or
equipment. Notice of this Order will be
provided by publishing it in the Federal
Register. Copies of this Order will be
sent by email prior to publication to
BNGR, ODOT, and BIA.

Review
Opportunity for formal review of this
Order will be provided in accordance
with 49 U.S.C. 20104(b) and 5 U.S.C.
554. Administrative procedures
governing such review are found at 49
CFR part 211. See 49 CFR 211.47,
211.71, 211.73, 211.75, and 211.77.

Issued in Washington, DC, on February 2,
2024.

Amitabha Bose,
Administrator.
[FR Doc. 2024–02536 Filed 2–7–24; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FY 2024 Competitive Funding
Opportunity: Low or No Emission
Grant Program and the Grants for
Buses and Bus Facilities Competitive
Program
AGENCY: Federal Transit Administration
(FTA), Department of Transportation
(DOT).

ACTION: Notice of funding opportunity
(NOFO).

SUMMARY: The Federal Transit
Administration (FTA) announces the
opportunity to apply for approximately
$1.10 billion in competitive grants
under the fiscal year (FY) 2024 Low or
No Emission Grant Program (Low-No
Program) (Federal Assistance Listing:

20.526) and approximately $390 million
in competitive grants under the FY 2024
Grants for Buses and Bus Facilities
Program (Buses and Bus Facilities
Program) (Federal Assistance Listing

20.526), subject to availability of
appropriated funding.

DATES: Complete proposals must be
submitted electronically through the
GRANTS.GOV ‘‘APPLY’’ function by
11:59 p.m. eastern time on April 25,
2024. Prospective applicants should
initiate the process by registering on the
GRANTS.GOV website promptly to
ensure completion of the application
process before the submission deadline.

ADDRESSES: Instructions for applying
can be found on FTA’s website at
https://www.transit.dot.gov/howtoapply
and in the ‘‘FIND’’ module of
GRANTS.GOV. The funding
opportunity ID is FTA–2024–003–TPM–
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ATTACHMENT A

8742 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices LWNO for Low-No applications and
FTA–2024–004–TPM–BUS for Buses
and Bus Facilities applications. Please
note, if an applicant is choosing to
apply to both programs, the applicant
must submit a separate GRANTS.GOV
package to each opportunity ID.

Applicants should also select both
programs and respond to all questions
needed for both programs on the
supplemental form. Mail and fax
submissions will not be accepted.

FOR FURTHER INFORMATION CONTACT :

Either Program may be contacted by
email at [email protected],
or applicants may call Kirsten Wiard-
Bauer, FTA Office of Program
Management, at 202–366–7052.

SUPPLEMENTARY INFORMATION: As
required by Federal public
transportation law, Low-No Program
funds will be awarded competitively for
the purchase or lease of low or no
emission vehicles that use advanced
technologies for transit revenue
operations, including related equipment
or facilities. As required by Federal
public transportation law, Buses and
Bus Facilities Program funds will be
awarded competitively to assist in the
financing of capital projects to replace,
rehabilitate, purchase, or lease buses
and related equipment, and to
rehabilitate, purchase, construct or lease
bus-related facilities. Any zero-emission
project(s) or components of a project
will include costs for workforce
development, unless the applicant
certifies funds are not needed for this
purpose. In general, projects may
include costs incidental to the
acquisition of buses or to the
construction of facilities, such as the
costs of related workforce development
and training activities, and project
administration expenses, as long as the
project proposed includes and results in
an eligible capital asset being leased,
purchased, or built. As these two
programs have overlapping eligibilities
and must be implemented on the same
timeline as required by 49 U.S.C. 5339,
FTA is publishing this joint NOFO. Per
Federal public transportation law, FTA
will award grants for these programs
within 75 days after the date this
solicitation expires from funds available
for award at that time. FTA may award
additional funding that is made
available to the programs prior to the
announcement of project selections.

SUMMARY OVERVIEW OF KEY INFORMATION: LOW OR NO EMISSION (LOW-NO) PROGRAM AND THE GRANTS FOR BUSES

AND BUS FACILITIES COMPETITIVE (BUSES AND BUS FACILITIES) PROGRAM Issuing agency Federal Transit Administration, US Department of Transportation Program Overview ............... The Low-No Program provides funding for the purchase or lease of zero-emission and low-emission transit buses, including acquisition, construction, and leasing of required supporting facilities such as recharging, re- fueling, and maintenance facilities.

The Buses and Bus Facilities Program provides funding for capital projects to replace, rehabilitate, purchase, or lease buses and related equipment, or to rehabilitate, purchase, construct, or lease bus-related facilities.

Eligible Applicants ................ Low-No Program: Designated recipients, States (including territories and Washington, DC), local governmental authorities, and Indian tribes. Proposals for funding projects in rural areas must be submitted as part of a State application.

Buses and Bus Facilities Program: Designated recipients that allocate funds to fixed route bus operators, States (including territories and Washington, DC), or local governmental entities that operate fixed route bus service, and Indian tribes. Eligible subrecipients include all otherwise eligible applicants and also private nonprofit orga- nizations engaged in public transportation.

Eligible Project Types .......... Low-No Program:
• Purchase or lease low or no emission buses;
• Acquiring low or no emission buses with a leased power source; • Constructing or leasing facilities and related equipment (including intelligent technology and software) for low or no emission buses;
• Constructing new public transportation facilities to accommodate low or no emission buses; • Rehabilitating or improving existing public transportation facilities to accommodate low or no emission buses; • Additionally, 0.5% of the Federal request may be used for workforce development training and an additional

0.5% may be used for training at the National Transit Institute (NTI). Note, applicants proposing any project re- lated to zero-emission vehicles and related facilities must also spend 5% of their award on workforce develop- ment and training as outlined in their Zero-Emission Fleet Transition Plan, unless the applicant certifies that their financial need is less.

Buses and Bus Facilities Program:
• Capital projects to replace, rehabilitate, purchase, or lease buses, vans, or related equipment; • Rehabilitate, purchase, construct, or lease bus-related facilities regardless of propulsion type or emissions; • Additionally, 0.5% of the Federal request may be used for workforce development training and an additional

0.5% may be used for training at the National Transit Institute (NTI). Note, applicants proposing any project re- lated to zero-emission vehicles and related facilities must also spend 5% of their award on workforce develop- ment and training as outlined in their Zero-Emission Fleet Transition Plan, unless the applicant certifies that their financial need is less.

Funding ................................ Low-No Program: $1,103,963,762.

Buses and Bus Facilities Program: $390,045,823.

Additional funds made available prior to project selection may be allocated to eligible projects.

Deadline ............................... April 25, 2024 at 11:59 p.m. eastern time.

Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration
Information
G. Federal Awarding Agency Contacts
H. Other Information
A. Program Description
This is a joint NOFO that announces
the availability of FY 2024 funding for
both the Low-No and the Buses and Bus
Facilities Programs.

Federal public transportation law (49
U.S.C. 5339(c)) authorizes FTA to award
grants for low or no emission bus
projects through a competitive process,
as described in this notice. The Low-No
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8743 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices Program provides funding to States
(including territories and Washington,
DC), local governmental authorities, and
tribal governments for the purchase or
lease of zero-emission and low-emission
transit buses, including acquisition,
construction, and leasing of required
supporting facilities such as recharging,
refueling, and maintenance facilities.

Federal public transportation law (49
U.S.C. 5339(b)) authorizes FTA to award
grants for the Buses and Bus Facilities
Program through a competitive process,
as described in this notice. Grants under
this program are for capital projects to
replace, rehabilitate, purchase, or lease
buses and related equipment, or to
rehabilitate, purchase, construct, or
lease bus-related facilities.

The Department seeks to fund projects
under the Low-No and the Buses and
Bus Facilities Programs that reduce
greenhouse gas emissions in the
transportation sector; incorporate
evidence-based climate resilience
measures and features; avoid adverse
environmental impacts to air or water
quality, wetlands, and endangered
species; and address the
disproportionate negative
environmental impacts of transportation
on disadvantaged communities,
consistent with Executive Order 14008,
Tackling the Climate Crisis at Home and
Abroad (86 FR 7619).

In addition, the Department seeks to
fund projects under the Low-No and the
Buses and Bus Facilities Programs that
create proportional impacts to all
populations in a project area, remove
transportation related disparities to all
populations in a project area, and
increase equitable access to project
benefits, consistent with Executive
Order 13985, Advancing Racial Equity
and Support for Underserved
Communities Through the Federal
Government (86 FR 7009). The
Department also seeks to award projects
that address equity and environmental
justice, particularly for communities
that have experienced decades of
underinvestment and are most impacted
by climate change, pollution, and
environmental hazards, consistent with
Executive Order 14008, Tackling the
Climate Crisis at Home and Abroad (86
FR 7619). In addition, the Department
intends to use the Low-No and the
Buses and Bus Facilities Programs to
support the creation of good-paying jobs
with the free and fair choice to join a
union and the incorporation of strong
labor standards and training and
placement programs, especially
registered apprenticeships, in project
planning stages, consistent with
Executive Order 14025, Worker
Organizing and Empowerment (86 FR
22829) and Executive Order 14052,
Implementation of the Infrastructure
Investment and Jobs Act (86 FR 64335).

The Department also intends to use the
Low-No and the Buses and Bus
Facilities Programs to support wealth
creation, consistent with the
Department’s Equity Action Plan
(https://www.transportation.gov/
priorities/equity/equity-action-plan),
through the inclusion of local inclusive
economic development and
entrepreneurship such as the utilization
of Disadvantaged Business Enterprises.

In order to support efficient and cost-
effective vehicle procurements, FTA
will provide priority consideration to
applicants that identify their intent to
use a procurement method that reduces
vehicle customization, by either:
identifying an intent for a joint
procurement with at least three total
transit agencies using a common
specification; or committing to using a
standard vehicle model. To strengthen
the American vehicle manufacturing
industry and reduce the financial
burden the industry currently faces,
FTA will give priority consideration to
applicants that identify their intent to
use contract terms that provide funding
to vehicle original equipment
manufacturer (OEMs) earlier in the
production process, either by using
advance payments or progress
payments.

B. Federal Award Information
Federal public transportation law (49
U.S.C. 5338(a)(2)(N)) authorizes
$74,963,762 in FY 2024 for the Low-No
Program. The 2021 Bipartisan
Infrastructure Law (BIL) (enacted as the
Infrastructure Investment and Jobs Act,
Pub. L. 117–58) provided an additional
$1,029,000,000 in advance
appropriations for FY 2024 grants after
accounting for the authorized takedown
for administrative and oversight
expenses and the Office of Inspector
General (OIG). A grand total of
$1,103,963,762 is being made available
for the FY 2024 Low-No Program under
this notice, subject to appropriations.

Additional funds made available prior
to project selection may be allocated to
eligible projects.

As required by Federal public
transportation law (49 U.S.C.
5339(c)(5)), a minimum of 25 percent of
the amount awarded under the Low-No
Program will be awarded to low-
emission projects other than zero-
emission vehicles and related facilities.

For FY 2024, $275,990,941 is
specifically set aside by law for low-
emission projects through the Low-No
Program.

In FY 2023, the Low-No program
received applications for 210 projects
requesting a total of $4,199,934,378.

Eighty-three projects were funded for a
total of $1,216,941,396.

Federal public transportation law (49
U.S.C. 5338(a)(2)(N)) authorizes
$393,559,749 in FY 2024 funds for the
Buses and Bus Facilities Program. After
the oversight takedown of $3,513,926,
FTA is announcing the availability of
$390,045,823 for the Buses and Bus
Facilities Program through this notice,
subject to appropriations. Additional
funds made available prior to project
selection may be allocated to eligible
projects.

As required by Federal public
transportation law at 49 U.S.C.
5339(b)(5), a minimum of 15 percent of
the amount awarded under the Buses
and Bus Facilities Program will be
awarded to projects located in rural
areas. As required by 49 U.S.C.
5339(b)(8), no single grant recipient will
be awarded more than 10 percent of the
amount made available. In FY 2023, the
program received applications for 265
projects requesting a total of
$4,492,423,860. Forty-seven projects
were funded for a total of $472,922,707.

An applicant may submit a project to
both the Buses and Bus Facilities
Program and the Low-No Program, or
submit the project only to the Low-No
Program or only to the Buses and Bus
Facilities Program. Applicants are
encouraged to submit projects for
consideration under both programs
whenever practicable. A project
submitted to both programs must be
eligible in its entirety under both
programs, and therefore must be a low
or no emission project with no standard
propulsion vehicles or facilities and
equipment unrelated to low or no
emission bus implementation, and must
request or provide a scalable amount of
no more than the equivalent of 10
percent of the funding available under
the Buses and Bus Facilities Program. If
a project submitted for consideration
under both programs is selected for
funding, FTA will exercise its discretion
to determine under which program the
project will receive an award. Please
note that if submitting to both programs,
the application package must be
submitted twice at GRANTS.GOV, once
to funding opportunity ID FTA–2024–
003–TPM–LWNO for Low-No and once
to FTA–2024–004–TPM–BUS for Buses
and Bus Facilities. If there are not
enough eligible requests for either the
low-emission set-aside under the Low-
No Program or the rural set-aside under
the Buses and Bus Facilities Program,
and eligible applications that would
qualify under either of those set-asides
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8744 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices were submitted only to the other
program, FTA may contact such
applicants to request additional
information in order to consider them
under the program for which they
would satisfy a statutory set-aside.

FTA may cap the amount a single
recipient or State may receive as part of
the selection process for either program.

FTA will grant pre-award authority to
incur costs for selected projects
beginning on the date FY 2024 project
selections are announced on FTA’s
website. Funds are available for
obligation for three fiscal years after the
fiscal year in which the competitive
awards are announced. Funds are
available only for eligible costs incurred
after announcement of project
selections. FTA intends to fund as many
meritorious projects as possible.

C. Eligibility Information

1. Eligible Applicants
Eligible applicants for the Low or No
Emission Program include designated
recipients, States (including territories
and Washington, DC), local
governmental authorities, and Indian
tribes. To be considered eligible,
applicants must be able to demonstrate
the requisite legal, financial, and
technical capabilities to receive and
administer Federal funds under this
program. Assistance on this requirement
is available from FTA’s Regional
Offices.

Eligible applicants for the Buses and
Bus Facilities Program include
designated recipients that allocate funds
to fixed route bus operators, States
(including territories and Washington,
DC), or local governmental entities that
operate fixed route bus service, and
Indian tribes. Eligible subrecipients
include all otherwise eligible applicants
and also private nonprofit organizations
engaged in public transportation.

Eligible subrecipients are not required
to operate fixed route bus service.

Except for projects proposed by
Indian tribes, all proposals for projects
in rural (non-urbanized) areas—defined
as any area that has not been designated
in the 2020 Census as an ‘‘urban area’’
with at least 50,000 in population by the
Secretary of Commerce—must be
submitted by a State, either individually
or as part of a consolidated State
application. States and other eligible
applicants may also submit
consolidated proposals for projects in
urbanized areas. The submission of a
statewide or consolidated urbanized
area application does not preclude any
other eligible recipients in an urbanized
area or in a State from also submitting
a separate application. Proposals may
contain projects to be implemented by
the recipient or its subrecipients.

As permitted under Federal public
transportation law (49 U.S.C.
5339(b)(10), (c)(8)), an applicant
proposing a low or no emission project
under both the Buses and Bus Facilities
Program and the Low-No Program, or an
applicant proposing only a low or no
emission project under the Low-No
program, may include partnerships with
other entities that intend to participate
in the implementation of the project,
including, but not limited to, specific
vehicle manufacturers, equipment
vendors, owners or operators of related
facilities, or project consultants. If an
application that involves such a
partnership is selected for funding, the
project will be deemed to satisfy the
requirement for a competitive
procurement under 49 U.S.C. 5325(a) for
the named entities. Applicants are
advised that any changes to the
proposed partnership will require FTA
written approval, must be consistent
with the scope of the approved project,
and may necessitate a competitive
procurement.

2. Cost Sharing or Matching
The maximum Federal share for
projects that involve leasing or
acquiring transit buses (including clean
fuel or alternative fuel vehicles) for
purposes of complying with or
maintaining compliance with the Clean
Air Act (CAA) or the Americans with
Disabilities Act (ADA) of 1990 is 85
percent of the net project cost.

The maximum Federal share for the
cost of acquiring, installing, or
constructing vehicle-related equipment
or facilities (including clean fuel or
alternative fuel vehicle-related
equipment or facilities) for purposes of
complying with or maintaining
compliance with the CAA or ADA is 90
percent of the net project cost of such
equipment or facilities that are
attributable to compliance with the CAA
or ADA. The award recipient must
itemize the cost of specific, discrete,
vehicle-related equipment or facility
components associated with compliance
with the CAA or ADA to be eligible for
the maximum 90 percent Federal share
for these costs. The Federal share of the
cost of other projects shall not exceed 80
percent.

Eligible sources of match include the
following: cash from non-Government
sources other than revenues from
providing public transportation
services; revenues derived from the sale
of advertising and concessions; amounts
received under a service agreement with
a State or local social service agency or
private social service organization;
revenues generated from value capture
financing mechanisms; funds from an
undistributed cash surplus; replacement
or depreciation cash fund or reserve;
new capital; or in-kind contributions.

Transportation development credits or
in-kind match may be used for local
match if identified and documented in
the application. Other Federal funds
from non-U.S. Department of
Transportation sources may only be
used as match (Federal fund braiding) if
the proposed project is eligible under
the other Federal program and the other
Federal program providing the matching
funds expressly authorizes its funds to
fulfill the match requirement of other
Federal programs. Learn more about
Federal fund braiding at https://www.
transit.dot.gov/regulations-and-
programs/ccam/about/coordinating-
council-access-and-mobility-ccam-
federal-fund.

3. Eligible Projects
Under the Low-No Program (49 U.S.C.
5339(c)), eligible projects include
projects or programs of projects in an
eligible area for: (1) purchasing or
leasing low or no emission buses; (2)
acquiring low or no emission buses with
a leased power source; (3) constructing
or leasing facilities and related
equipment for low or no emission buses;
(4) constructing new public
transportation facilities to accommodate
low or no emission buses; or (5)
rehabilitating or improving existing
public transportation facilities to
accommodate low or no emission buses
(49 U.S.C. 5339(c)(1)(B)). As required by
Federal public transportation law (49
U.S.C. 5339(c)(5)), FTA will consider
only eligible projects relating to the
acquisition or leasing of low or no
emission buses or bus facilities that
make greater reductions in energy
consumption and harmful emissions
than comparable standard buses or other
low or no emission buses. A single
application may include both vehicle
and facility components, along with
associated equipment and workforce
development plans.

A low or no emission bus is defined
as a passenger vehicle used to provide
public transportation that sufficiently
reduces energy consumption or harmful
emissions, including direct carbon
emissions, when compared to a
standard vehicle. The statutory
definition includes zero-emission transit
buses, which are defined as buses that
produce no direct carbon emissions and
no particulate matter emissions under
any and all possible operational modes
and conditions. Examples of zero-
emission bus technologies include, but
are not limited to, hydrogen fuel-cell
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8745 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices buses, battery-electric buses, and rubber
tire trolley buses powered by overhead
catenaries. All new transit bus models
must successfully complete FTA bus
testing for production transit buses
pursuant to FTA’s Bus Testing
regulation (49 CFR part 665) in order to
be procured with funds awarded under
the Low-No Program. All transit
vehicles must be procured from certified
transit vehicle manufacturers in
accordance with the Disadvantaged
Business Enterprise (DBE) regulations
(49 CFR part 26). The development or
deployment of prototype vehicles is not
eligible for funding under the Low-No
Program.

Eligible projects for the Buses and Bus
Facilities Program include capital
projects to replace, rehabilitate,
purchase, or lease buses, vans, or related
equipment; or to rehabilitate, purchase,
construct, or lease bus-related facilities
regardless of propulsion type or
emissions. A single application may
include both vehicle and facility
components, along with associated
equipment and workforce development
activities.

Recipients are permitted to use up to

0.5 percent of their requested grant
award for workforce development
activities eligible under Federal public
transportation law (49 U.S.C. 5314(b)),
including on-the-job training, labor-
management partnership training, and
registered apprenticeships, and an
additional 0.5 percent for costs
associated with training at the National
Transit Institute. Supportive services are
an eligible use of program funds under
49 U.S.C. 5314(b). Supportive services
are critical to help women and people
facing systemic barriers to employment
be able to participate and thrive in
training and employment. Supportive
services include childcare, tools, work
clothing, application fees and other
costs of apprenticeship or required pre-
employment training, transportation
and travel to training and work sites,
and services aimed at helping to retain
underrepresented groups such as
mentoring, support groups, and peer
networking. See: https://www.transit.
dot.gov/funding/grants/federal-transit-
administration-faqs-supportive-services.

For applicants proposing any project
related to zero-emission vehicles
(including vehicles, facilities,
equipment, etc.) for either program, 5
percent of the total requested Federal
amount attributable to zero-emission
project components, including the
workforce development activities but
not including the required local share,
must be used for workforce
development to retrain the existing
workforce and develop the workforce of
the future, including registered
apprenticeships and other joint labor-
management training programs, as
outlined in the applicant’s Zero-
Emission Transition Plan (see Section
E(1)(c) of this notice), as well as
supportive services, unless the
applicant certifies via the application
that less funding is needed to carry out
the Plan. Applicants must identify the
proposed use of funds for these
activities in the project proposal and
identify them separately in the project
budget. These amounts are additional,
not a take-down, from other eligible
project expenses. For example, if an
application includes a Federal request
of $95,000 for total capital costs of zero-
emission vehicles and associated
equipment, an additional Federal
request of $5,000 should be included in
the budget for workforce development
expenses for a total Federal request of
$100,000. The local share for the
vehicles, equipment, and workforce
development is in addition to the
$100,000 Federal request. Applicants
are encouraged to discuss training needs
with their workforce and to develop
training plans in collaboration with
unions and other workforce
representatives, as well as with
workforce boards, community colleges,
and other workforce organizations.

Applicants that propose not to use the
full 5 percent available must include an
explanation as to why the funds are not
needed.

If a single project proposal involves
multiple public transportation
providers, such as when an agency
acquires vehicles that will be operated
by another agency, the proposal must
include a detailed statement regarding
the role of each public transportation
provider in the implementation of the
project.

D. Application and Submission
Information

1. Address to Request Application
Package
Applications must be submitted
electronically through GRANTS.GOV.

General information for accessing and
submitting applications through
GRANTS.GOV can be found at https://
www.transit.dot.gov/howtoapply along
with specific instructions for the forms
and attachments required for
submission. Mail or fax submissions of
completed proposals will not be
accepted. A complete proposal
submission for each program consists of
two forms: the SF–424 Application for
Federal Assistance (available at
GRANTS.GOV) and the supplemental
form for the FY 2024 Low-No and Buses
and Bus Facilities Programs
(downloaded from GRANTS.GOV or the
FTA website at https://www.transit.dot.
gov/funding/grants/lowno). The same
supplemental form will be used to apply
to either program or both programs.

However, please note that if an
applicant is applying to both programs,
they must submit the materials through
each of the GRANTS.GOV opportunity
IDs listed for each program. Failure to
submit the information as requested can
delay review or disqualify the
application.

2. Content and Form of Application
Submission
a. Proposal Submission
A complete proposal submission for
each program consists of two forms: (1)
the SF–424 Application for Federal
Assistance; and (2) the supplemental
form for the FY 2024 Low-No and Buses
and Bus Facilities Programs. The
supplemental form and any supporting
documents must be attached to the
‘‘Attachments’’ section of the SF–424.

The application must include responses
to all sections of the SF–424
Application for Federal Assistance and
the supplemental form, unless indicated
as optional. The information on the
supplemental form will be used to
determine applicant and project
eligibility for the program, and to
evaluate the proposal against the
selection criteria described in Section E
of this notice.

FTA will accept only one
supplemental form per SF–424
submission. FTA encourages States and
other applicants to consider submitting
a single supplemental form that
includes multiple activities to be
evaluated as a consolidated proposal. If
a State or other applicant chooses to
submit separate proposals for individual
consideration by FTA, each proposal
must be submitted using a separate SF–
424 and supplemental form.

Applicants may attach additional
supporting information to the SF–424
submission, including but not limited to
letters of support, project budgets, fleet
status reports, or excerpts from relevant
planning documents. Applicants for
zero-emission projects must attach the
fleet transition plan. Any supporting
documentation must be described and
referenced by file name in the
appropriate response section of the
supplemental form, or it may not be
reviewed.

Information such as applicant name,
Federal amount requested, local match
amount, description of areas served, etc.
may be requested in varying degrees of
detail on both the SF–424 and
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8746 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices supplemental form. Applicants must fill
in all fields unless stated otherwise on
the forms. If information is copied into
the supplemental form from another
source, applicants should verify that
pasted text is fully captured on the
supplemental form and has not been
truncated by the character limits built
into the form. Applicants should use
both the ‘‘Check Package for Errors’’ and
the ‘‘Validate Form’’ validation buttons
on both forms to check all required
fields on the forms, and ensure that the
Federal and local amounts specified are
consistent. Applicants should enter
their information in the supplemental
form (fillable PDF) that is made
available on FTA’s website or through
the GRANTS.GOV application package
and should attach this to the application
in its original format. Applicants should
not use scanned versions of the form,
‘‘print’’ the form to PDF, convert or
create a version using another text
editor, etc.

Projects proposed by Indian tribes
that request less than $1 million in
Federal funds do not need to provide a
narrative response for the following
criteria on the Supplemental Form:

Demonstration of Benefits; Planning and
Local/Regional Prioritization; Technical,
Legal, and Financial Capacity; or any of
Section IV Additional Considerations.

The Department may share
application information within the
Department or with other Federal
agencies if the Department determines
that sharing is relevant to the respective
program’s objectives.
b. Application Content
The SF–424 Application for Federal
Assistance and the supplemental form
will prompt applicants for the required
information, including:
i. Applicant name.
ii. Unique Entity ID (UEI) assigned by
SAM.GOV.
iii. Key contact information
(including contact name, address, email
address, and phone).
iv. Congressional district(s) where
project will take place.
v. Project information (including title,
an executive summary, and type).
vi. A detailed description of the need
for the project.
vii. A detailed description on how the
project will support either Program’s
objectives.
viii. Evidence that the project is
consistent with local and regional
planning documents.
ix. Evidence that the applicant can
provide the local cost share.
x. A description of the technical,
legal, and financial capacity of the
applicant.
xi. A detailed project budget
identifying the amounts requested,
amounts of other Federal funds, if any,
and amounts of non-Federal funds.
xii. An explanation of the scalability
of the project—Applicants are
encouraged to identify scaled funding
options in case insufficient funding is
available to fund a project at the full
requested amount. If an applicant
indicates that a project is scalable, the
applicant must provide an appropriate
minimum funding amount that will
fund an eligible project that achieves the
objectives of the program and meets all
relevant program requirements.

Proposed scalable projects must still
result in a station or passenger facility
with full accessibility to and usability
by persons with disabilities, including
persons who use wheelchairs. The
applicant must provide a clear
explanation of how the project budget
would be affected by a reduced award.

FTA may award a lesser amount
regardless of whether a scalable option
is provided.
xiii. Details on the non-Federal
matching funds.
xiv. Details on any other Federal
funds awarded or applied for.
xv. A detailed project timeline.
xvi. Address all the applicable criteria
and priority considerations identified in
Section E.

Except for the information properly
marked as described in Section H, the
Department may share application
information within the Department or
with other Federal agencies if the
Department determines that sharing is
relevant to the respective program’s
objectives.

3. Unique Entity Identifier and System
for Award Management (SAM)
Each applicant is required to: (1) be
registered in SAM.GOV before
submitting an application; (2) provide a
valid unique entity identifier in its
application; and (3) continue to
maintain an active SAM.GOV
registration with current information at
all times during which the applicant has
an active Federal award or an
application or plan under consideration
by FTA. These requirements do not
apply if the applicant has an exemption
approved by FTA pursuant to 2 CFR

25.110(c), or is otherwise excepted from
registration requirements. FTA may not
make an award until the applicant has
complied with all applicable unique
entity identifier and SAM.GOV
requirements. If an applicant has not
fully complied with the requirements by
the time FTA is ready to make an award,
FTA may determine that the applicant
is not qualified to receive an award and
use that determination as a basis for
making a Federal award to another
applicant.

All applicants must provide a unique
entity identifier provided by SAM.GOV.

Registration in SAM.GOV may take as
little as 3–5 business days, but since
there could be unexpected steps or
delays (for example, if there is a need to
obtain an Employer Identification
Number), FTA recommends allowing
ample time, up to several weeks, for
completion of all steps. For additional
information on obtaining a unique
entity identifier, please visit https://
www.sam.gov/.

4. Submission Dates and Times
Project proposals must be submitted
electronically through GRANTS.GOV by
11:59 p.m. Eastern time on April 25,
2024. GRANTS.GOV attaches a time
stamp to each application at the time of
submission. Proposals submitted after
the deadline will only be considered
under extraordinary circumstances not
under the applicant’s control. Mail and
fax submissions will not be accepted.

Within 48 hours after submitting an
electronic application, the applicant
should receive an email message from
GRANTS.GOV with confirmation of
successful transmission to
GRANTS.GOV. If a notice of failed
validation or incomplete materials is
received, the applicant must address the
reason for the failed validation, as
described in the email notice, and
resubmit before the submission
deadline. If making a resubmission for
any reason, include all original
attachments regardless of which
attachments were updated and check
the box on the supplemental form
indicating this is a resubmission.

FTA urges applicants to submit
applications at least 72 hours prior to
the due date to allow time to receive the
validation messages and to correct any
problems that may have caused a
rejection notification. GRANTS.GOV
scheduled maintenance and outage
times are announced on the
GRANTS.GOV website. Deadlines will
not be extended due to scheduled
website maintenance.

Applicants are encouraged to begin
the process of registration on the
GRANTS.GOV site well in advance of
the submission deadline. Registration is
a multi-step process, which may take
several weeks to complete before an
application can be submitted. Registered
applicants may still be required to take
steps to keep their registrations up to
date before submissions can be made
successfully. For example, (1)
registration in SAM.GOV is renewed
annually, and (2) persons making
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8747 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices submissions on behalf of the Authorized
Organization Representative (AOR)
must be authorized in GRANTS.GOV by
the AOR to make submissions.

5. Funding Restrictions
Funds under this NOFO cannot be
used to reimburse applicants for
otherwise eligible expenses incurred
prior to FTA award of a grant agreement
until FTA has issued pre-award
authority for selected projects. FTA will
issue pre-award authority to incur costs
for selected projects beginning on the
date that project selections are
announced. FTA does not provide pre-
award authority for competitive funds
until projects are selected, and even
then, there are Federal requirements
that must be met before costs are
incurred. FTA will issue specific
guidance to awardees regarding pre-
award authority at the time of selection.

For more information about FTA’s
policy on pre-award authority, please
see the most recent Apportionment
Notice on FTA’s website. Refer to
Section C.3., Eligible Projects, for
information on activities that are
allowable in this grant program.

Allowable direct and indirect expenses
must be consistent with the
Governmentwide Uniform
Administrative Requirements and Cost
Principles (2 CFR part 200) and FTA
Circular 5010.1E. Funds may not be
used to support or oppose union
organizing.

6. Other Submission Requirements
All applications must be submitted
via the GRANTS.GOV website. FTA
does not accept applications on paper,
by fax, email, or other means. For
information on application submission
requirements, please see Section D.1. of
this notice, Address to Request
Application.

E. Application Review Information

1. Criteria
Projects will be evaluated primarily
on the responses provided in the
supplemental form. Additional
information may be provided to support
the responses; however, any additional
documentation must be directly
referenced on the supplemental form,
including the file name where the
additional information can be found.

FTA will evaluate proposals based on
the criteria described in this notice.

Projects proposed by Indian tribes
that request less than $1 million in
Federal funds only need to provide
complete narrative responses to the
Demonstration of Need and Local
Financial Commitment criteria and a
partial response to the Project
Implementation Strategy criterion,
consisting of a project timeline as well
as (if applicable) a discussion on their
proposed partner’s qualifications. All
applicants that are proposing a zero-
emission project, including tribes
requesting less than $1 million, are
required by law to submit a Zero-
Emission Fleet Transition Plan.

If an applicant is proposing to deploy
autonomous vehicles or other
innovative motor vehicle technology,
the application should demonstrate that
all vehicles will comply with applicable
safety requirements, including those
administered by the National Highway
Traffic Safety Administration (NHTSA)
and Federal Motor Carrier Safety
Administration (FMCSA). Specifically,
the application should show that
vehicles acquired for the proposed
project will comply with applicable
Federal Motor Vehicle Safety Standards
(FMVSS) and Federal Motor Carrier
Safety Regulations (FMCSR). If the
vehicles may not comply, the
application should either (1) show that
the vehicles and their proposed
operations are within the scope of an
exemption or waiver that has already
been granted by NHTSA, FMCSA, or
both agencies or (2) directly address
whether the project will require
exemptions or waivers from the FMVSS,
FMCSR, or any other regulation and, if
the project will require exemptions or
waivers, present a plan for obtaining
them.
a. Demonstration of Need
Since the purpose of these programs
is to fund vehicles and facilities,
applications will be evaluated based on
the quality and extent to which they
demonstrate how the proposed project
will address an unmet need for capital
investment in vehicles and/or
supporting facilities. For example, an
applicant may demonstrate that it
requires additional or improved
charging or maintenance facilities for
low or no emission vehicles, that it
intends to replace existing vehicles that
have exceeded their minimum useful
life, or that it requires additional
vehicles to meet current ridership
demands or expand services to better
connect underserved communities.

FTA will evaluate an applicant’s
responses to the following criteria when
assessing the need for capital
investment underlying the proposed
project:

For bus projects (replacement or
expansion):

For replacement requests, applicants
must provide information on the age,
condition, and performance of the
vehicles to be replaced by the proposed
project. Vehicles to be replaced must
have met their minimum useful life at
the time of project completion. For
service expansion requests, applicants
must provide information on the
proposed service expansion and the
benefits for transit riders and the
community from the new service. For
all vehicle projects, the proposal must
address whether the project conforms to
FTA’s spare ratio guidelines. Vehicles
funded under these programs are not
exempt from FTA’s standard spare ratio
requirements, which apply to and are
calculated based on the agency’s entire
fleet. Applicants that are introducing
zero-emission vehicles into their fleet
may consider including vehicles that
have already met their minimum useful
life in a contingency fleet, which is not
included in the spare ratio calculation.

Additionally, applicants who may need
to exceed the spare ratio for a temporary
period are encouraged to work with
their FTA Regional Office to determine
what flexibilities may be afforded to
them and include reference to that in
their application.

For bus facility and equipment
projects (replacement, rehabilitation, or
expansion):

For replacement requests, applicants
must provide information on the age
and condition of the asset to be
rehabilitated or replaced relative to its
minimum useful life. For expansion
requests, applicants must provide
information on the proposed expansion
and the reason that transit riders and the
community need the expansion.
b. Demonstration of Benefits
i. Low or No Emissions Program
Applicants to the Low-No Program
must demonstrate how the proposed
project will support the statutory
requirements of the Low-No Program
(See 49 U.S.C. 5339(c)(5)(A)). In
particular, FTA will evaluate the quality
and extent to which applications
demonstrate how the proposed project
will: (1) Reduce Energy Consumption;
(2) Reduce Harmful Emissions; and (3)
Reduce Direct Carbon Emissions.

Reduce Energy Consumption:

Applicants must describe how the
proposed project will reduce energy
consumption. FTA will evaluate
applications based on the degree to
which the proposed technology reduces
energy consumption as compared to
comparable standard vehicle propulsion
technologies.

Reduce Harmful Emissions:

Applicants must demonstrate how the
proposed vehicles or facility will reduce
the emission of particulates that create
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8748 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices local air pollution, which leads to local
environmental health concerns, smog,
and unhealthy ozone concentrations.

FTA will evaluate the rate of particulate
emissions by the proposed vehicles or
vehicles to be supported by the
proposed facility, compared to the
emissions from the vehicles that will be
replaced or moved to the contingency
fleet as a result of the proposed project,
as well as comparable standard buses.

Reduce Direct Carbon Emissions:

Applicants should demonstrate how the
proposed vehicles or facility will reduce
emissions of greenhouse gases from
transit vehicle operations. FTA will
evaluate the rate of direct carbon
emissions by the proposed vehicles or
vehicles to be supported by the
proposed facility, compared to the
emissions from the vehicles that will be
replaced or moved to the contingency
fleet as a result of the proposed project,
as well as comparable standard buses.
ii. Grants for Buses and Bus Facilities
Program
Applicants to the Buses and Bus
Facilities Program will be evaluated
based on how well they describe how
the proposed project will improve the
safety of the transit system; improve the
condition of, or otherwise modernize,
the transit system; and enhance access
and mobility within the service area,
including improving reliability of
service for riders, particularly for low-
income or underserved communities
and people with disabilities.

Safety: FTA will evaluate the
potential for projects to provide positive
safety benefits for all users, while not
negatively impacting safety for all users.

Applicants may describe how the
project will reduce the frequency of
safety events and/or improve the
outcomes of safety events.

System Condition: FTA will evaluate
the potential for replacement projects to
improve the condition of the transit
system by rehabilitating or replacing
assets that are in poor condition or have
surpassed their minimum or intended
useful life benchmarks. Applicants may
describe the benefits of reducing
breakdowns and service interruptions;
increasing service performance; and/or
reducing the cost of maintaining
outdated vehicles, facilities, and
equipment.

Enhanced Access and Mobility: FTA
will evaluate the potential for expansion
projects to improve access and mobility
for the transit riding public, particularly
for low-income and underserved
communities and people with
disabilities, including improved
headways, creation of new
transportation choices, or eliminating
gaps in the current route network.

Proposed benefits should be based on
documented ridership demand, based
on indicators like area population
density, employment served, and
existing and planned affordable housing
in the corridor, and be well-described or
documented through a study or route
planning proposal.

Applicants that intend to apply to
both programs must submit information
that addresses the requirements of both
programs as described above.
c. Planning and Local or Regional
Prioritization
FTA will evaluate how the applicant
demonstrates that the proposed project
is consistent with local and regional
long-range planning documents and
local government priorities. FTA will
evaluate applications based on the
quality and extent to which the project
is consistent with the transit priorities
identified in the long-range plan for all
proposals; contingency or illustrative
projects included in that plan; or the
locally developed human services
public transportation coordinated plan.

Applicants may submit copies of the
relevant pages of such plans to support
their application. FTA will consider
how the project will support regional
goals and applicants may submit
support letters from local and regional
planning organizations attesting to the
consistency of the proposed project with
these plans. Applicants are encouraged
to also consult DOT’s Promising
Practices for Meaningful Public
Involvement in Transportation
Decision-Making at https://
www.transportation.gov/priorities/
equity/promising-practices-meaningful-
public-involvement-transportation-
decision-making.

Evidence of additional local or
regional prioritization may include
letters of support for the project from
local government officials, public
agencies, and non-profit or private
sector supporters.

Applicants may also address how the
proposed project will impact overall
system performance, asset management
performance, or specific performance
measures tracked and monitored by the
applying entity to demonstrate how the
proposed project will address local and
regional planning priorities.

For applications related to zero-
emission vehicles (including vehicles,
facilities, equipment, etc.) under either
the Low-No or Buses and Bus Facilities
programs, applicants are required by
law (49 U.S.C. 5339(c)(3)(D)) to submit
a Zero-Emission Fleet Transition Plan,
including tribes that are requesting less
than $1 million. This plan must be a
separate document from other local or
regional planning documents and must:
(1) demonstrate a long-term fleet
management plan with a strategy for
how the applicant intends to use the
current application and future
acquisitions; (2) address the availability
of current and future resources to meet
costs for the transition and
implementation; (3) consider policy and
legislation impacting relevant
technologies; (4) include an evaluation
of existing and future facilities and their
relationship to the technology
transition; (5) describe the partnership
of the applicant with the utility or
alternative fuel provider; and (6)
examine the impact of the transition on
the applicant’s current workforce by
identifying skill gaps, training needs,
and retraining needs of the existing
workers of the applicant to operate and
maintain zero-emission vehicles and
related infrastructure and avoid the
displacement of the existing workforce.

FTA has developed resources for
applicants regarding the development of
this plan which can be found at https://
www.transit.dot.gov/funding/grants/
zero-emission-fleet-transition-plan. For
agencies with smaller fleets, a fleet
transition plan need not be complex and
should be tailored as applicable, but it
still must address all six elements. For
applications from State departments of
transportation, the State may either
provide a fleet transition plan that
covers some or all of the subrecipients,
attach individual plans developed by
the subrecipients, or a combination of
both.
d. Local Financial Commitment
FTA will evaluate if the applicant
identified the source of the local cost
share and described whether such funds
are currently available for the project or
will need to be secured if the project is
selected for funding. FTA will evaluate
the availability of the local cost share as
evidence of local financial commitment
to the project. FTA will evaluate if the
applicant submitted evidence of the
availability of funds for the project; for
example, by including a board
resolution, letter of support from the
State, a budget document highlighting
the line item or section committing
funds to the proposed project, or other
documentation of the source of local
funds. FTA will favorably view an
applicant that proposes to use grant
funds only for the incremental cost of
new technologies over the cost of
replacing vehicles with standard
propulsion technologies. The applicant
should also identify other Federal funds
the applicant is applying for or has been
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8749 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices awarded, if any, that the applicant
intends to use.
e. Project Implementation Strategy
FTA will rate projects higher if grant
funds can be obligated within 12
months of selection and the project can
be implemented within a reasonable
time frame. In assessing when funds can
be obligated, FTA will consider whether
the project qualifies for a Categorical
Exclusion (CE), or whether the required
environmental work has been initiated
or completed for projects that require an
Environmental Assessment (EA) or
Environmental Impact Statement (EIS)
under the National Environmental
Policy Act of 1969 (NEPA). As such,
applicants should submit information
describing the project’s anticipated path
and timeline through the environmental
review process for all proposals,
including those that may qualify for a
CE. The proposal must state when grant
funds can be obligated and indicate the
timeframe under which the
Metropolitan Transportation
Improvement Program (TIP) and
Statewide Transportation Improvement
Program (STIP) can be amended to
include the proposed project.

In assessing whether the proposed
implementation plans are reasonable
and complete, FTA will review the
proposed project implementation plan,
including all necessary project
milestones and the overall project
timeline. For projects that will require
formal coordination, approvals, or
permits from other agencies or project
partners, the applicant must
demonstrate coordination with these
organizations and their support for the
project, such as through letters of
support.

Applicants that have identified a
cooperative procurement strategy listed
in Section 3019 of the Fixing America’s
Surface Transportation Act (Pub. L.
114–94; 49 U.S.C. 5325, note) are
encouraged to describe the method
chosen as part of their implementation
plans and how such a cooperative
procurement will reduce costs.

For proposals that involve a
partnership with a manufacturer,
vendor, consultant, or other third party,
applicants must identify by name any
project partners, including, but not
limited to, other transit agencies, bus
manufacturers, owners or operators of
related facilities, or any expert
consultants. Such partnerships are
permitted under Federal public
transportation law (49 U.S.C.
5339(b)(10), (c)(8)) only for applicants
proposing a low or no emission project
under both the Buses and Bus Facilities
Program and the Low-No Program, or for
applicants proposing only a low or no
emission project under the Low-No
program. FTA will evaluate the
experience and capacity of the named
project partners to successfully
implement the proposed project based
on the partners’ experience and
qualifications. Applicants are advised to
submit information on the partners’
qualifications and experience as a part
of the application. Entities to be
involved in the project that are not
named in the application must be
selected through ordinary procurement
processes.
f. Technical, Legal, and Financial
Capacity
FTA will evaluate if the applicant
demonstrates that they have the
technical, legal, and financial capacity
to undertake the project.

FTA will review relevant oversight
assessments and records to determine
whether there are any outstanding legal,
technical, or financial issues with the
applicant that would affect the outcome
of the proposed project. Applicants with
outstanding legal, technical, or financial
compliance issues from an FTA
compliance review or grant-related
Single Audit finding must explain how
corrective actions taken will mitigate
negative impacts on the proposed
project.

2. Review and Selection Process
A technical evaluation committee will
evaluate proposals based on the
published evaluation criteria. FTA may
request additional information from
applicants, if necessary. Based on the
review of the technical evaluation
committee, the FTA Administrator will
determine the final selection of projects
for program funding. In determining the
allocation of program funds, FTA may
consider geographic diversity, diversity
in the size of the transit systems
receiving funding, whether an applicant
is from a small urban or rural area or is
a tribal government, and the applicant’s
receipt of other competitive awards.

FTA may also consider capping the
amount a single applicant may receive.

After applying the above criteria, to
support efficient and cost-effective
vehicle procurements, FTA will provide
priority consideration to applicants that
identify their intent to use a
procurement method that reduces
vehicle customization, by either:
identifying an intent for a joint
procurement with at least three total
transit agencies using a common
specification; or, for low and no
emission projects where the applicant
proposes a vehicle OEM as a project
partner, committing to using a standard
vehicle model without customizations
and including a letter from the vehicle
OEM that certifies the applicant will use
the OEM’s standard model (see Section
E.1.e. and Section C.1. of this notice for
information on the partnership
provision). The applicant should
identify the proposed approach, other
partners if applicable, and how the
procurement approach reduces vehicle
customization. FTA will evaluate each
project on its own merits but may select
an application that does not rate as
highly as others if the applicant
indicates its intent to pursue a joint
procurement with other more highly
rated participants in that procurement.

FTA intends to weight this priority
consideration greater than others.

To strengthen the American vehicle
manufacturing industry and reduce the
financial burden the industry currently
faces, FTA will give priority
consideration to applicants that identify
their intent to use contract terms that
provide funding to vehicle OEMs earlier
in the production process, either by
using advance payments or progress
payments. For applicants that identify
their intent to use advance payments,
FTA will not require securitization
beyond the advance payment amount.

The applicant should identify how their
proposed contracting terms will
expedite payments to vehicle OEMs.

FTA also intends to weight this priority
consideration greater than others. The
contract terms of selected applications
may be reviewed by FTA prior to award.

To address climate change and
improve sustainability, FTA will give
priority consideration to applications
that are expected to create significant
community benefits relating to the
environment, including those projects
that incorporate low or no emission
technology or specific elements to
address greenhouse gas emissions and
climate change impacts. For facility
projects, FTA will give priority
consideration to applications that
include elements to strengthen the
resilience of the community and/or the
transit system with regard to climate
change.

FTA will also prioritize a zero-
emission project higher than other zero-
emission projects if the applicant is able
to demonstrate how the proposed
project and fleet transition plan support
the conversion of the agency’s overall
fleet to zero emissions.

Among vehicle applications that
include at least 20 zero-emission 40-foot
buses, FTA will give priority
consideration to applications that
identify greater emission reductions. To
be considered for priority consideration,
vehicle applications for at least 20 zero-
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