Agenda packet — Montebello City Council, June 26, 2024 (part 1 of 5)

CITY OF MONTEBELLO

CITY COUNCIL

REGULAR MEETING

WEDNESDAY, JUNE 26, 2024 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

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

CITY MANAGER
Raul Alvarez

CITY TREASURER
David Matanga

CITY ATTORNEY
Arnold M. Alvarez-Glasman

CITY CLERK
Christopher Jimenez

DEPARTMENT HEADS
Assistant City Manager
Fire Chief
Police Chief
Director of Finance
Director of Human Resources
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
Ramon Figueroa
Joseph Palombi
Cesar Roldan
David Sosnowski
John Soria

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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,

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IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS

THANK YOU FOR YOUR COOPERATION

OPENING CEREMONIES

CALL TO ORDER - 6:00 P.M.

ROLL CALL

ANNOUNCEMENT OF CLOSED SESSION ITEMS

PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, the public may submit a speaker card to the City Clerk staff for Closed Session items, prior to the beginning of this statement. Speakers will be called in the order received. Please be aware that the maximum time allotted for members of the public to speak on Closed Session items shall not exceed three (3) minutes per person. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.

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

1. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Negotiators: Raul Alvarez
Labor group: Montebello Police Officers Association

2. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Negotiators: Raul Alvarez
Employee Groups: Various City employee groups including but not limited to MPMA, MFMA, MMMA, MSA, MPOA, MCEA, MFA, MMPA, MEMA, SMART-TD, and unrepresented employees.

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Danielle Venegas vs. City of Montebello, et al.

Los Angeles County Superior Court Case No. 21STCV42563

4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Henry R. Velasquez vs City of Montebello
Case No: ADJ13048344

5. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code section 54956.9(d)(2)
Significant exposure to litigation in two cases related to personnel matters

REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT

INVOCATION

PLEDGE OF ALLEGIANCE

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CORRECTIONS TO THE AGENDA - CITY MANAGER

CEREMONIAL ITEMS/PRESENTATIONS

6. CITIZEN OF THE MONTH - SYLVIA TAKEYAMA

7. ASHIYA MONTEBELLO STUDENTS

8. FIRE ACADEMY AND ORIENTATION PINNING

9. MONTEBELLO GRADE SEPARATION PROJECT UPDATES - SAN GABRIEL VALLEY COUNCIL OF

GOVERNMENTS

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

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

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

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

PUBLIC HEARING

11. RESIDENTIAL SOLID WASTE COLLECTION AND RECYCLING CHARGES ANNUAL RATE ADJUSTMENT

RECOMMENDATION: It is recommended that the City Council:

1. Conduct a Public Hearing and consider approving the attached Resolution No. 24-47 establishing the updated residential solid waste collection and recycling rate for Fiscal Year 2024-25 (Attachment A) per the 2020 settlement agreement between Arakelian Enterprises (dba Athens Services) and the City of Montebello; and,

2. Direct staff to forward the Resolution to the Los Angeles County Auditor-Controller to place the revised charges on the property tax rolls.

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

12. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTION NO. 24-43 CONFIRMING THE FISCAL YEAR 2024–25 ENGINEER’S REPORT FOR THE ANNUAL NATASHA LANE LANDSCAPE ASSESSMENT DISTRICT NO. 2005-1 AND LEVYING SUCH ASSESSMENTS

RECOMMENDATION: It is recommended that the City Council:

1. Conduct a Public Hearing and consider adopting Resolution No. 24-43 (Attachment A) confirming the Fiscal Year 2024-25 Engineer’s Report (Attachment B) for the Annual Natasha Lane Landscape Assessment District No. 2005-1; and

2. Authorize the Levying of the Fiscal Year 2024-25 Assessment; and

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

13. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTION NO. 24-44 CONFIRMING THE FISCAL YEAR 2024–25 ENGINEER’S REPORT FOR THE ANNUAL NATASHA LANE SEWER AND STORM WATER

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PUMP ASSESSMENT DISTRICT NO. 2005-2 AND LEVYING SUCH ASSESSMENTS

RECOMMENDATION: It is recommended that the City Council:

1. Conduct a Public Hearing and consider adopting Resolution No. 24-44 (Attachment A) confirming the Fiscal Year 2024-25 Engineer’s Report (Attachment B) for the Annual Natasha Lane Sewer and Storm Water Pump Assessment District No. 2005-2; and,

2. Authorize the Levying of the Fiscal Year 2024-2025 Assessments; and.

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

14. INTRODUCE AND WAIVE FIRST READING OF ORDINANCE NO. 2477 APPROVING DEVELOPMENT AGREEMENT (DA NO. 01-24) BETWEEN PREMIER MEDIA SOUTHWEST LLC AND THE CITY OF

MONTEBELLO TO ALLOW THE INSTALLATION AND CONTINUED OPERATION OF A NEW DOUBLE FACED 14’ X 48’, OFF PREMISES DIGITAL DISPLAY SIGN WITH A MAXIMUM HEIGHT OF 75 FEET, PURSUANT TO MONTEBELLO MUNICIPAL CODE CHAPTER 17.62.105 ET SEQ. (OFF-PREMISES DIGITAL DISPLAY SIGNS), FOR THE PROPERTY LOCATED AT 2601 VIA CAMPO, MONTEBELLO, CALIFORNIA.

RECOMMENDATION: It is recommended that the City Council:

1. Introduce and waive first reading of Ordinance No. 2477 approving the Development Agreement (DA No. 01-24) between the City of Montebello and Premier Media Southwest LLC for the property located at 2601 Via Campo, Montebello, CA 90640; and

2. Determine and Find that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 - Class 32 as it meets the required conditions and none of the limitations set forth in CEQA Guidelines Section 15300.2 apply; and

3. Take such additional and/or related action that may be desirable.

REGULAR BUSINESS

15. ADOPT PLANS, SPECIFICATIONS AND ENGINEER’S ESTIMATE FOR CONSTRUCTION OF A DOG PARK AT ACUÑA PARK (CP 922) AND AUTHORIZATION TO PROCEED WITH BID ADVERTISEMENT

RECOMMENDATION: It is recommended that the City Council:

1. Approve Environmental Assessment pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA); and,

2. Adopt plans, specifications and engineer’s estimate for the construction of a dog park at Acuña Park (CP 922); and

3. Authorize staff to proceed with advertising for construction bids; and,

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

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a member wishes to discuss, including any items the public submitted speaker cards for, should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any Ordinance.

16. APPROVE AMENDMENT NO. 4 TO AGREEMENT NO. 3894 WITH TRANSTRACK SYSTEMS, AMENDMENT NO. 2 TO AGREEMENT NO. 3903 WITH REMIX TECHNOLOGIES, AND AMENDMENT NO. 1 TO AGREEMENT NO. 3978 WITH OPTIBUS, FOR TRANSIT ANALYSIS, SCHEDULING, AND REPORTING

SOFTWARE SUPPORT SERVICES

RECOMMENDATION: It is recommended that the City Council:

1. Approve Amendment No. 4 to Agreement No. 3894 with Transtrack Systems, Inc. (Transtrack), for a one- year (1-year) term, to extend end-user software licenses and support services for Federal Transit Administration (FTA) reporting, for a total not-to-exceed amount of $30,568; and

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2. Approve Amendment No. 2 to Agreement No. 3903 with Remix Technologies, LLC, a subsidiary corporation under Via Transportation, Inc. (Remix), for a 1-year term, to extend end-user software licenses and support services for transit analysis, for a total not-to-exceed amount of $30,000; and

3. Approve Amendment No. 1 to Agreement No. 3978 with Optibus, Inc. (Optibus), for a 1-year term, to extend end-user software licenses and support services for transit scheduling, for a total not-to-exceed amount of $70,000; and

4. Authorize the City Manager to execute the amendments listed above on the city’s behalf; and

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

17. APPROVE AMENDMENT NO. 5 TO AGREEMENT NO. 3733 WITH LPM CONSULTING INC. TO PROVIDE MONITORING AND OVERSIGHT SERVICES FOR MONTEBELLO BUS LINES’ SUBSTANCE ABUSE

PROGRAM

RECOMMENDATION: It is recommended that the City Council:

1. Approve Amendment No. 5 to Agreement No. 3733 with LPM Consulting Inc. (LPM Consulting), for an additional two-year (2-year) term, to provide monitoring and oversight services for Montebello Bus Lines’ (MBL) Substance Abuse Program; for a total not-to-exceed amount of $50,000; and

2. Authorize the City Manager to execute Amendment No. 5 on the city’s behalf; and

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

18. ACCEPTANCE OF GOLF COURSE RENOVATION PROJECT PHASE 2 (CP NO. 894-2) – NOTICE OF

COMPLETION

RECOMMENDATION: It is recommended that the City Council:

1. Accept the Golf Course Renovation Project Phase 2 (CP No. 894-2) as completed by American Landscape, Inc.; and,

2. Approve the final contract amount with American Landscape, Inc. for the construction of the Project in the amount of $10,954,901 including change orders; and

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

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

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

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

19. APPROVE LETTER OF ENGAGEMENT TO MASTER RETAINER AGREEMENT NO. 4000 WITH KOA FOR

ENGINEERING SERVICES PROPOSAL FOR OLYMPIC BLVD COMPLETE STREET FEASIBILITY STUDY (CP 905)

RECOMMENDATION: It is recommended that the City Council:

1. Approve a Letter of Engagement to Master Retainer Agreement No. 4000 between the City of Montebello and KOA for Engineering Services for Olympic Boulevard Complete Street Feasibility Study (CP 905) for a not-to-exceed amount of $609,365; and

2. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $309,365 in Account No. 201- 30-330-6040.80 (RMRA, Public Works, Engineering, Contract Services Engineering Services) and

3. Authorize the City Manager to execute the Letter of Engagement on behalf of the City; and

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

20. APPROVE AMENDMENT NO.1 TO AGREEMENT 3892 WITH ION SECURITY SYSTEMS, LLC TO PROVIDE

CITYWIDE MONITORING, MAINTENANCE, AND REPAIRS OF SECURITY AND FIRE ALARM SYSTEMS

RECOMMENDATION: It is recommended that the City Council:

1. Approve Amendment No. 1 to Agreement 3892 between the City of Montebello and Ion Security Systems, LLC for a One (1) Year Extension; and,

2. Authorize the City Manager to execute the Amendment; and,

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

21. ADOPT PLANS, SPECIFICATIONS AND ENGINEER’S ESTIMATE FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM CYCLE 7 VARIOUS INTERSECTION IMPROVEMENTS CAPITAL PROJECT 851 – FEDERAL PROJECT NO. HSIPL-5247(024) AND AUTHORIZATION TO PROCEED WITH BID ADVERTISEMENT

RECOMMENDATION: It is recommended that the City Council:

1. Approve Environmental Assessment pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA); and,

2. Adopt the one hundred percent completed plans, specifications and engineer’s estimate for Highway Safety Improvement Program Cycle 7 Capital Project 851 – Federal Project No. HSIPL-5247(024); and

3. Authorize staff to proceed with a bid advertisement for construction; and,

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

22. APPROVE LETTER OF ENGAGEMENT TO MASTER RETAINER AGREEMENT NO. 3999 WITH MARK

THOMAS AND COMPANY FOR DESIGN OF THE DOWNTOWN SEWER INFRASTRUCTURE IMPROVEMENT PROJECT NO. C-06-8701-110

RECOMMENDATION: It is recommended that the City Council

1. Approve a Letter of Engagement to Master Retainer Agreement No. 3999 between the City of Montebello and Mark Thomas and Company (Consultant) for the design of the Downtown Sewer Infrastructure Improvement Project No. C-06-8701-110 for a not-to-exceed amount of $518,907 payable from Measure M and Measure R fund reserves; and

2. Amend the Fiscal Year 2024-25 Capital Improvement Program (CIP) budget by increasing appropriations by $118,907 in Account No. 222-30-330-6040.96 (Measure M, Public Works, Engineering, Contract Services Engineering Design Service) and $400,000 in Account No. 220-30-330-6040.96 (Measure R, Public Works, Engineering, Contract Services Engineering Design Service) and

3. Authorize the City Manager to execute the Letter of Engagement.

23. ADOPT RESOLUTION NO. 24-45 APPOINTING A MEMBER AND ALTERNATE(S) TO THE GOVERNING

BOARD OF THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT

JOINT POWERS AUTHORITY

RECOMMENDATION: It is recommended that the City Council:

1. Approve Resolution No. 24-45 appointing one primary board member and two alternate board members representing the City of Montebello on the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority; and,

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

24. APPROVE UTILIZING SERVPRO GLOBAL DISASTER RECOVERY TEAM TO PROVIDE ON-CALL

EMERGENCY CLEAN-UP SERVICES ON AN AS-NEEDED BASIS

RECOMMENDATION: It is recommended that the City Council:

1. Approve utilizing SERVPRO Global Disaster Recovery Team to provide on-call emergency clean-up and related services on an as-needed basis; and

2. Authorize the City Manager to execute Professional Services Agreement No. 4207 with SERVPRO Global Disaster Recovery Team; and,

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

25. RECEIVE AND FILE THE FISCAL YEAR 2022-23 ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR)

RECOMMENDATION: It is recommended that the City Council:

1. Receive and file the Fiscal Year 2022-23 Annual Comprehensive Financial Report (ACFR); and

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

26. APPROVE ISSUING REQUEST FOR PROPOSALS (RFP) NO. 24-19 FOR REPLACEMENT AND

INSTALLATION OF TWO LED SIGNS

RECOMMENDATION: It is recommended that the City Council:

1. Authorize issuing a Request for Proposals ("RFP”) No. 24-19 for replacement and installation of two Light Emitting Diode (LED) signs – one located at City Park and the other located at the Montebello Civic Center; and,

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

27. ADOPT RESOLUTION NO. 24-49 TO AUTHORIZE SUBMITTING AN APPLICATION TO THE FEDERAL

TRANSIT ADMINISTRATION (FTA) TO OBLIGATE FUNDING FOR A MOBILE HYDROGEN FUEL CELL FUELING STATION, AN ASSET MANAGEMENT SYSTEM, AND NON-REVENUE RELIEF VEHICLES.

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 24-49 to authorize submitting an application to the Federal Transit Administration (FTA) to obligate funding for a mobile hydrogen fuel cell fueling station, an asset management system, and non-revenue relief vehicles; and

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

28. APPROVAL OF MINUTES: JUNE 12, 2024, CITY COUNCIL MEETING

RECOMMENDATION: It is recommended that the City Council:

1. Approve said Minutes as is.

29. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 24-46 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED JUNE 26, 2024

RECOMMENDATION: It is recommended that the City Council:...

1. Adopt Resolution No. 24-46 approving the Warrant Register dated June 26, 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

1. Vacant and blighted commercial properties ordinance.

2. Rain barrel giveaway program in conjunction with water district for water conservation and emergency preparedness.

• Salvador Melendez, Mayor Pro Tem

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June 26, 2024: City Council Meeting Page 9 of 9

• Scarlet Peralta, Mayor

1. Re-establishing City of Montebello's 9/11 remembrance ceremony.

2. Congratulations Transit Planner - Alfredo Machucha recognized by the American Planning Association – Los Angeles on for his work on Montebello’s FMLM Plan.

CLOSED SESSION - CONTINUED

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on July 24, 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, June 23, 2024, no later than 6:00 p.m.

Kimberly Guillen, Senior Deputy City Clerk

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

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ITEM # 11

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Michael Solorza, Director of Finance

SUBJECT: RESIDENTIAL SOLID WASTE COLLECTION AND RECYCLING

CHARGES ANNUAL RATE ADJUSTMENT

DATE: June 26, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Conduct a Public Hearing and consider approving the attached Resolution No. 24- 47 establishing the updated residential solid waste collection and recycling rate for Fiscal Year 2024-25 (Attachment A) per the 2020 settlement agreement between Arakelian Enterprises (dba Athens Services) and the City of Montebello; and,

2. Direct staff to forward the Resolution to the Los Angeles County Auditor-Controller to place the revised charges on the property tax rolls.

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

BACKGROUND/DISCUSSION:

Since 1962, Athens has provided residential curbside solid waste collection/disposal services in the City. In 2008, the City Council approved an agreement with Athens to provide exclusive waste collection/disposal services within the City for both residential and commercial services. Elements of this action led to numerous lawsuits between the City and Athens that would eventually be resolved under the terms and conditions of a Settlement Agreement approved on February 10, 2020 (Agreement No. 3740). Terms of the settlement authorized Athens to annually adjust rates for residential waste collection and recycling pick-up services based upon the change in CPI.

In June 2024, the City received a letter from Athens formally requesting a rate increase

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CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 26, 2024

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of 3.90 percent (Attachment B). If this rate increase is approved, the new rate will be $32.67 per customer per month.

As part of the review and approval process for the rate increase, the City must conduct a public hearing to review the request and receive input from the public. If approved, notice regarding the rate increase will be forwarded to the Los Angeles County Auditor- Controller to be placed on the property tax bills effective July 1, 2024. As required by law, Notices of Public Hearing were published and posted (Attachment C).

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

On May 30, 2024, Athens Services submitted correspondence to the City (Attachment B) requesting a rate increase for local residential waste collection/disposal and recycling pick-up services. Under the terms of the 2020 Settlement Agreement between the City and Athens Services, the proposed rate adjustment occurs annually based upon the change in CPI. If approved, the monthly service rate will increase to $32.67 per customer, per month effective July 1, 2024.

It should be noted that the February 10, 2020 City Council approved settlement agreement requires the annual CPI adjustment. This settlement agreement (Agreement No. 3740) ended more than a decade of legal action and prevented a significant judgment against the City.

ATTACHMENT(S)

1. Attachment A - Resolution No. 24-47 - Refuse Rate Assessment Update

2. Attachment B - Montebello Rate Letter

3. Attachment C - Proof of Publication Public Hearing Refuse Rate

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ATTACHMENT A
RESOLUTION NO. 24-47

A RESOLUTION OF THE CITY OF MONTEBELLO APPROVING A RATE

ADJUSTMENT FOR ATHENS SERVICES FOR THE COLLECTION OF
RESIDENTIAL WASTE FOR FISCAL YEAR 2024-25 AND FUTURE

ADJUSTMENTS CONSISTENT WITH THE SETTLEMENT AGREEMENT
(AGREEMENT NO. 3740) BETWEEN THE CITY AND ATHENS

SERVICES

RECITALS
WHEREAS, the City of Montebello (“City”) contracts for residential waste hauling services with Arakelian Enterprises (dba “Athens Services”); and WHEREAS, since the approval of an Amended and Restated Agreement between the City and Athens referred to as Agreement 668 (“Agreement 668”) in 2008, disputes arose and were litigated between the parties which were resolved by the terms of a Settlement Agreement identified as Agreement No. 3740, approved by the City Council on February 10, 2020; and
WHEREAS, pursuant to the terms of Agreement No. 3740, Athens is entitled to an annual adjustment to the monthly rates to be charged by Athens to residential customers for waste collection services; and
WHEREAS, the City Council by approving this resolution intends to confirm Athens’ residential rates for the period of July 1, 2024 through June 30, 2025 and to also confirm adjustment to rates for subsequent years based upon the Consumer Price Index formula consistent with and as set forth in Agreement No. 3740.

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

SECTION 1: That pursuant to Agreement No. 3740, the City Council is to review and consider the request submitted by Athens for an annual rate adjustment for monthly waste service charges for residential customers. On May 30, 2024, Athens submitted a request for approval for a rate adjustment for the period of July 1, 2024 through June 30, 2024 (Fiscal Year 2024-25) consistent with the terms of the Settlement Agreement No. 3740.

SECTION 2: The City Council ratifies the residential solid waste collection fee to be charged by Athens on a monthly basis for each residential customer at the amount of $32.67 per customer per month. The City Council further confirms the formula for annual rate adjustments for subsequent fiscal years for each residential customer based upon the Consumer Price Index formula consistent with and as set forth in Agreement No. 3740.

SECTION 3: That the City Clerk shall certify to the passage and adoption of this resolution and enter into the book of original Resolutions.

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RESOLUTION NO. 24-47

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SECTION 4: The City Council authorizes the City Clerk to forward this resolution to the Los Angeles County Auditor-Controller for processing this rate adjustment and to be placed upon the tax collection rolls for residential waste customers within the City of Montebello.

APPROVED AND ADOPTED THIS 26TH DAY OF JUNE 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. 24-47 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 26 th day of June 2024 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

DATE:

Christopher Jimenez, City Clerk

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1404
8 Valley Blvd., City of Industry, CA 91746
(888) 336-6100
Ma
y 30, 2024
Mic
hael Solorza
Director of Finance
City of Montebello
1600 W. Beverly Blvd
Montebello, CA 90640
Re: J
uly 1, 2024 Annual Rate Adjustment
Mr
. Solorza:

In a
ccordance with the Settlement Agreement between Arakelian Enterprises Inc. (“AEI”) dba Athens Services executed February 10, 2020 and pursuant to Section 4 of that Agreement, please accept this letter as Athens Services’ request to adjust the rates that Athens Services is to be paid for the services provided under Agreement 668.

Th
e CPI for All Urban Consumers for Los Angeles was 320.089 in April 2023 and it increased to 332.572 in April 2024, for a change of 12.483 (see attached CPI schedule). Dividing the 12.483 change by the April 2023 index value results in a 3.90% change. This 3.90% increase applied to the current rate of $31.44, yields an adjusted rate of $32.67 per customer per month effective July 2024 (see attached rate calculation).

Athe
ns Services requests that its rate of compensation be adjusted to $32.67 per customer per month. Please handle the administrative processing of this request to make the rates effective July 1, 2024 and call me at (626) 855-7230 with any questions.

Sinc
erely,
Ch
ristian Warner
Sr. Vice President of Contract Compliance
En
closure
Cc: Dav
id Collins, Division Vice President, Athens Services

ATTACHMENT B

Page 14 of 737 ends

Date Amount Notes
Apr 2023 320.089 Consumer Price Index - All Urban Consumers, LA Apr 2024 332.572 Consumer Price Index - All Urban Consumers, LA 2014 to 2024 3.90% CPI increase percent

31.44$ Current rate per customer per month

3.90% CPI increase percent

1.23$ CPI increase Amount

32.67$ New rate per customer per month
Notes: Increase in compensation to be effective on the July 2024 invoice.

City of Montebello
Calculation of Residential Rate
Effective July 1, 2024 - June 30, 2025

Page 15 of 737 ends

CPI % 3.90%
Service Current Net Rate CPI Adjustment New Net Rate
30,60,90 gallon additonal cart 2.23$ 0.09$ 2.32$ Residential Go-Back or Dead-Run 2014 to 2024 22.40$ 0.87$ 23.27$ Bulky Item Pick Up or Dead-Run 28.00$ 1.09$ 29.09$ Additional Bulky Item pick up 16.80$ 0.66$ 17.45$ Roll-Out Service 20.16$ 0.79$ 20.94$ Declined Payment Fee (any reason) 28.00$ 1.09$ 29.09$ Late Fee $5.60 min or 1.5% 0.22$ $5.88 min or 1.5% City of Montebello
Ancillary Service Rate
Effective July 1, 2024 - June 30, 2025

Page 16 of 737 ends

Series Id:

Series
Title:

Area:

Item:

Base
Period:

Years:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2014 239.857 241.059 242.491 242.437 243.362 243.528 243.727 243.556 243.623 243.341 241.753 240.475 242.434 2015 239.724 241.297 243.738 243.569 246.093 245.459 247.066 246.328 245.431 245.812 245.711 245.357 244.632 2016 247.155 247.113 247.873 248.368 249.554 249.789 249.784 249.700 250.145 251.098 250.185 250.189 249.246 2017 252.373 253.815 254.525 254.971 255.674 255.275 256.023 256.739 257.890 258.883 259.135 259.220 256.210 2018 261.235 263.012 264.158 265.095 266.148 265.522 266.007 266.665 268.032 269.482 268.560 267.631 265.962 2019 269.468 269.608 271.311 273.945 274.479 274.380 274.682 274.579 276.054 278.075 277.239 275.553 274.114 2020 277.755 278.657 276.589 275.853 276.842 278.121 279.899 280.116 279.366 279.947 280.102 279.560 278.567 2021 280.178 281.347 282.648 285.808 287.620 289.218 290.890 291.333 292.209 294.961 296.790 297.925 289.244 2022 301.209 302.164 306.679 308.302 310.649 314.072 313.415 313.608 315.033 317.014 314.633 312.601 310.782 2023 318.591 317.571 317.873 320.089 320.514 322.055 321.931 324.050 324.984 324.545 323.341 323.456 321.583 2024 326.640 328.232 330.671 332.572
332.572 CPI - CY
-320.089 CPI - PY

12.483 CPI - Change #
320.089 CPI - PY

3.90% CPI - Change %
CPI for All Urban Consumers (CPI-U)
Original Data Value
CUURS49ASA0
Not Seasonally Adjusted
All items in Los Angeles-Long Beach-Anaheim, CA, all
urban consumers, not seasonally adjusted
Los Angeles-Long Beach-Anaheim, CA
All items
1982-84=100
2014 to 2024

Page 17 of 737 ends

CITY OF MONTEBELLO

PUBLIC HEARING NOTICE
N
OTICE IS HEREBY GIVEN that the City Council of the City of Montebello will hold a Public Hearing in the Council Chamber of the Montebello City Hall, 160 0 West Beverly Boulevard, Montebello, California, on Wednesday, June 26, 2024, at 6:00 p.m., or as soon as possible thereafter as the matter can be heard, to consider the following:

A revised and updated City residential refuse collection and curbside recycling program collection rate (collectively the “Rate”) . The City will consider the adjustment of the Rate as follows as requested by franchisee and authorized by the Residential Waste Collection Agreement:
• Beginning on July 1, 2024, the monthly Rate for services provided under Agreement 668 between the City and AEI shall be $32.67 per residential customer. • Beginning on July 1, 2024, and on July 1 of each subsequent year until the Termination Date of Agreement 668, the Rate for services shall be adjusted in accordance with the then-latest available Consumer Price Index, as more specifically permitted pursuant to the formula set forth in Section 19 of Agreement 668, as amended.

For those interested making public comments, you may address the City Council in person during the public comment period or public testimony period for public hearings by attending the Montebello Council Chambers at 1600 W. Beverly Blvd., Montebello, Calif ornia on Wednesday, June 2 6, 202 4, at 6:00 p.m. In addition, the City has created an email address [email protected] where the public can submit written public comments no later than Wednesday June 26, 2024, at 3:00 p.m. These comments will not be read aloud but will be entered into the record and submitted to all members of the City Council. The email address for City Council meetings can be located on the City’s webpage under the City Clerk tab, https://www.cityofmontebello.com/department/administration/city-clerk-s-office.html.

The proposed resolution and other material are available by contacting the City Clerk’s Office at 323-887-1359.

Kimberly Guillen, Senior Deputy City Clerk
Da
ted: June 03, 2024
Date published: June 13, 2024

ATTACHMENT C

Page 18 of 737 ends

CALIFORNIA NEWSPAPER SERVICE BUREAU
EWA#

D A I L Y J O U R N A L C O R P O R A T I O N
To the right is a copy of the notice you sent to us for publication in the MONTEBELLO NEWS. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are):

Mailing Address : 915 E 1ST ST, LOS ANGELES, CA 90012
Telephone (800) 788-7840 / Fax (800) 464-2839
Visit us @ www.LegalAdstore.com

SAMANTHA NEVAREZ

CITY OF MONTEBELLO/CITY CLERK (LEAD)
1600 W. BEVERLY BLVD
MONTEBELLO, CA 90640

HRG NOTICE OF HEARING
Public Hearing Notice - Refuse Rate Assessment - 06.26.2023 06/13/2024
Publication
Total
$240.00
$240.00
Notice Type:

Ad Description

COPY OF NOTICE
3821990
!A000006787103!
The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.

CITY OF MONTEBELLO

PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that the City Council
of the City of Montebello will hold a Public
Hearing in the Council Chamber of the
Montebello City Hall, 1600 West Beverly
Boulevard, Montebello, California, on
Wednesday , June 26, 2024, at 6:00 p.m., or as
soon as possible thereafter as the matter can be
heard, to consider the following:

A revised and updated City residential refuse
collection and curbside recycling program
collection rate (collectively the “Rate”). The C ity
will consider the adjustment of the Rate as
follows as requested by franchisee and
authorized by the Residential Waste Collection
Agreement:
- Beginning on July 1, 2024, the monthly Rate for
services provided under Agreement 668 between
the City and AE I shall be $32.67 per residential
customer.
- Beginning on July 1, 2024, and on July 1 of
each subsequent year until the Termination Date
of Agreement 668, the Rate for services shall be
adjusted in accordance with the then -latest
available Consumer Price Index, as more
specifically permitted pursuant to the formula set
forth in Section 19 of Agreement 668, as
amended.

Beverly Blvd., Montebello, California on
Wednesday, June 26, 2024, at 6:00 p.m. In
addition, the City has created an email address
[email protected] wher e
the public can submit written public comments no
later than Wednesday June 26, 2024, at 3:00
p.m. These comments will not be read aloud but
will be entered into the record and submitted to all
members of the City Council. The email address
for City Counc il meetings can be located on the
City's webpage under the City Clerk tab,
https://www.cityofmontebello.com/department/ad
ministration/city -clerk -s-office.html.

If you challenge the rate adjustment in court, you
may be limited to raising only those issues y ou or
someone else raised at the public hearing
described in this notice, or in written
correspondence delivered to the City Council, at,
or prior to, the public hearing. The proposed
resolution and other material are available by
contacting the City Clerk 's Office at 323 -887 -
1359. Kimberly Guillen, Senior Deputy City Clerk
6/13/24
EWA -3821990#

MONTEBELLO NEWS

Page 19 of 737 ends

ITEM # 12

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director

SUBJECT: PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTION NO. 24-43 CONFIRMING THE FISCAL YEAR 2024–25 ENGINEER’S

REPORT FOR THE ANNUAL NATASHA LANE LANDSCAPE
ASSESSMENT DISTRICT NO. 2005-1 AND LEVYING SUCH

ASSESSMENTS

DATE: June 26, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

2. Authorize the Levying of the Fiscal Year 2024-25 Assessment; and

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

BACKGROUND/DISCUSSION:

The properties on Natasha Lane benefiting from the landscaping are required to be assessed to fund the maintenance and operation in Fiscal Year 2024-25. The special assessment district was initially established in 2005 when the development was constructed. This special assessment is added to the Los Angeles County Tax Roll annually. On May 22, 2024, the City Council approved Resolution No. 24-33 initiating proceedings for the FY 2024-25 levy of annual special assessment.

Page 20 of 737 ends

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 26, 2024

Page 2 of 2 ends

the property facing Whittier Boulevard and at the end of the cul-de-sac. The City is responsible for the maintenance of landscaping in these areas.

The recommended Resolution establishes approval and confirmation of the Engineer’s Report for Natasha Lane Landscape Assessment District No. 2005-1 (Attachment B) and authorizes the levying of such assessments. These actions are required for Staff to complete the direct assessment process with Los Angeles County and place the appropriate parcel assessments on the annual tax roll.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

The City Council will consider the adoption of a Resolution confirming the Engineer’s Report for the FY 2024-25 Annual Natasha Lane Landscape Assessment District No. 2005-1 and authorize the levying of such assessments. The Proof of Publication of the hearing notice is included in Attachment C.

ATTACHMENT(S)

1. Attachment A - Resolution No. 24-43

2. Attachment B - Engineer's Report

3. Attachment C - Proof of Publication

Page 21 of 737 ends

ATTACHMENT A
RESOLUTION NO. 24-43
R

ESOLUTION OF THE CITY OF MONTEBELLO CONFIRMING THE
ENGINEER’S ESTIMATE FOR THE FISCAL YEAR 2024-2025 LEVY

OF ANNUAL ASSESSMENTS FOR LANDSCAPE MAINTENANCE

FOR THE PROPERTIES LOCATED ALONG NATASHA LANE AND

LEVYING ASSESSMENTS ON ASSESSABLE LOTS AND PARCELS
OF LAND IN SAID DISTRICT FOR FISCAL YEAR 2024-2025

RECITALS
W
HEREAS, the City Council (“City Council”) of the City of Montebello (“City”) has by Resolution No. 24- 33, adopted and approved the Engineer’s Annual Levy Report (“Report”) for the District known and designated as the Natasha Lane Landscape Assessment District No. 2005- 01 of the City of Montebello (“District”), pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (“Act”), for the installation, operation, maintenance and servicing of street lights, traffic signals, street trees, parkways, median islands, landscaping, parks, and any appurtenant improvements as set forth in Section 22525 of the California Streets and Highways Code (“Improvements”); and
W
HEREAS, as ordered by the City Council, the City Engineer has filed with the City Clerk a report regarding the assessments to be levied and collected from the owners of assessable property within the District to pay the costs of the installation, operation, maintenance and servicing of street trees and landscaping, and any appurtenant improvements, and that report has been presented to and considered by the City Council; and
W
HEREAS, on May 22, 2024, the City Council approved Resolution No. 24- 33, adopting and approving the Report, declaring its intention to levy and collect the assessment for the District for Fiscal Year 2024-2025, and scheduling a public hearing thereon; and
W
HEREAS, on June 26, 2024, the City Council held a duly noticed public hearing regarding the levy of the annual assessment and afforded all interested persons to hear and be heard; and
W
HEREAS, the City Council may proceed, pursuant to Section 22631 of the Streets and Highways Code, to adopt a resolution confirming the levy of the assessments on the assessable parcels of properties in the District, and the adoption of such a resolution shall constitute the levy of assessments on all assessable lots and parcels of property within the District for Fiscal Year 2024-2025.

Page 22 of 737 ends

RESOLUTION NO. 24-43

Page 2 of 5 ends

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

SECTION 1: That the above recitals are all true and correct and are hereby incorporated herein.

SECTION 2. Findings. The City Council of the City of Montebello finds that:
(a) The foregoing recitals are true and correct;

(b) The requirements of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code have been satisfied;

(d) The assessments proposed to be levied on the assessable lots and parcels of land in the District for the Improvements during Fiscal Year 2024- 2025 contained in the Final Engineer’s Report, which is on file with the City Clerk of the City Council, are based on benefits derived by such lots and parcels from the availability of the Improvements, and are not based on the ownership or value of such lots and parcels;

(e) For purposes of levying the proposed assessments on the lots and parcels of property within the District, the Report and the assessment diagram contained therein allocates the estimated costs of the installation, operation, maintenance and servicing of the Improvements within the District;

(f) Such assessments are based on special benefit conferred upon each such lot or parcel from the payment of the costs of the installation, operation, maintenance and servicing of the Improvements;

(g) The proportionate special benefit derived by each such lot or parcel has been determined in relationship to the entirety of the cost of the installation, operation, maintenance and servicing of the Improvements;

(h) The amount of the assessment which is to be levied on each such lot or parcel is based upon and will not exceed the reasonable cost of the proportional special benefit conferred on that lot or parcel;

(i) The City Council may proceed to adopt a resolution confirming the assessments to be levied on assessable parcels of property in the District; and

SECTION 3: Improvements. The improvements authorized for the District

Page 23 of 737 ends

RESOLUTION NO. 24-43

Page 3 of 5 ends

are:

(a) The installation or planting of landscaping, including, but not limited to, street trees, parkways and median islands;

(b) The installation or construction of any facilities which are appurtenant to any improvements listed in (a), or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, irrigation, drainage and electrical facilities; and

SECTION 4. Confirmation of Report. The Report and the assessment diagram and the assessment contained therein for the payment of the costs of the installation, operation, maintenance and servicing of the Improvements in the District for fiscal year 2024-25 are confirmed.

SECTION 5. Levy of Assessments. Pursuant to Section 22631 of the Streets and Highways Code, the adoption of this resolution constitutes the levy of the assessments on assessable lots and parcels of property in the District for the installation, operation, maintenance and servicing of the Improvements during Fiscal Year 2024-2025 contained in the Report, and such assessments are levied. The City Clerk of the City Council is directed to file a certified copy of this resolution, together with the confirmed diagram and assessment contained in the Report, with the County Auditor of the County of Los Angeles, who, pursuant to Section 22645 of the Streets and Highways Code, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment.

SECTION 6. Duration of Assessments; Annual Adjustment for Increased Costs.

The assessments which are to be levied on lots and parcels in the District shall be levied annually as long as the assessments are necessary to finance the cost of the Improvements and the maintenance and servicing thereof. The annual amount of the assessment to be levied on each parcel of assessable property in the District in each fiscal year may be increased by the percentage increase in the Consumer Price Index– All Urban Consumers for the Los Angeles; provided, however, that the amount of the assessment to be levied on any assessable parcel in any fiscal year shall not be increased by more than four percent (4%, based on March 12-month assessment) and the amount of the assessment to be levied on any parcel in any fiscal year shall not, in any event, exceed the actual total cost of the proportional special benefit conferred on that parcel.

SECTION 7 . Detachment of Territory . All assessable lots or parcels included within the District that are also included in existing Landscaping, Lighting and Park District No. 1 and are subject to the levy of assessments by Landscaping, Lighting and Park District No. 1 are hereby detached from Landscaping, Lighting and Park District No. 1 to the extent that the assessments levied by Landscaping, Lighting and Park

Page 24 of 737 ends

RESOLUTION NO. 24-43

Page 4 of 5 ends

District No. 1 finance the same Improvements provided by the District.

SECTION 8. That the City Clerk shall certify the passage and adoption of this Resolution and that the same shall be in full force and effect.

APPROVED AND ADOPTED THIS 26TH DAY OF JUNE 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. 2 4-43 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 26th day of June, 2024 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Page 25 of 737 ends

RESOLUTION NO. 24-43

Page 5 of 5 ends

its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk

EXHIBITS:
• Exhibit A – Boundary of Assessment District

Page 26 of 737 ends

Page 27 of 737 ends

ATTACHMENT B

CITY OF MONTEBELLO
ENGINEER’S REPORT
FOR

NATASHA LANE LANDSCAPE
ASSESSMENT DISTRICT NO. 2005-1
For
FY 2024-2025
Scarlet Peralta, Mayor
Salvador Melendez, Mayor Pro Tem
Angie Jimenez, Councilmember
Georgina Tamayo, Councilmember
David Torres, Councilmember

Engineer’s Report
May 22, 2024
Prepared by the City of Montebello – Engineering Division Cesar Roldan
Director of Public Works

Page 28 of 737 ends

2 CITY OF MONTEBELLO
ENGINEER’S REPORT
FOR

NATASHA LANE LANDSCAPE
ASSESSMENT DISTRICT NO. 2005-1
(FISCAL YEAR 2024-2025)
SECTION I: AUTHORITY FOR REPORT
This report is prepared pursuant to the provisions of the Landscape and Lighting Act of 1972 (commencing with Section 22500) of Division 15 the Street and Highway Code for the maintenance of Public Landscaping that benefits only the properties on Natasha Lane. The report covers the period from July 1, 2024, through June 30, 2025.

SECTION II: PLANS
The Plans showing extent and location of landscape are illustrated herein by Exhibit A.

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

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

SECTION IV: PROJECT REVENUE & EXPENDITURES

Page 29 of 737 ends

3 2023-24 2024-25
FY 2024-2025 BEGINNING FUND BALANCE (ESTIMATED) $50,155 $37,491.85 FY 2024-2025 PROJECTED REVENUE $1,200 $1,200
TOTAL REVENUE AVAILABLE FOR FY 2024-2025 $51,355 $38,691.85 FY 2024-2025 PROJECTED EXPENDITURES
Maintenance and Operation Expenses
Contractual Services
$15,556 $15,556
Administrative Costs (Staff, Consultant and La County Fees) $4,800 $4,800 TOTAL EXPENDITURES $20,356 $20,356
PROJECTED BALANCE (JUNE 30, 2025)
FY 2024-2025 Revenue Available $51,355 $38,691.85
FY 2024-2025 Anticipated Expenditures ($20,356) ($20,356) ASSESSMENT DISTRICT RESERVE FUND BALANCE (PROJECTED) $30,999 $18,335.85 SECTION V: DIAGRAM
A Diagram showing the Assessor’s parcel number and the dimensions of each lot or parcel of land within the District is on file in the Office of the City Clerk.

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

Page 30 of 737 ends

4 been completed and the respective street frontage of each benefiting parcel is used as the basis for apportioning costs to each property within the Assessment District as follows:

NATASHA LANE LANDSCAPE
ASSESSMENT DISTRICT NO. 2005-2

ASSESSMENT ROLL

ASSESSMENT
NO.

BOOK PAGE PARCEL
NO.

FRONT

FOOTAGE
TOTAL
COST
1 6348 6 17 45.19 LF $ 65.41
2 6348 6 18 41 LF $ 59.35
3 6348 6 19 41 LF $ 59.35
4 6348 6 20 41 LF $ 59.35
5 6348 6 21 41 LF $ 59.35
6 6348 6 22 41 LF $ 59.35
7 6348 6 23 41 LF $ 59.35
8 6348 6 24 41.70 LF $ 60.36
9 6348 6 25 52 LF $ 75.27
10 6348 6 26 45.27 LF $ 65.53
11 6348 6 29 40.60 LF $ 58.77
12 6348 6 30 40 LF $ 57.90
13 6348 6 31 40 LF $ 57.90
14 6348 6 32 40 LF $ 57.90
15 6348 6 33 40 LF $ 57.90
16 6348 6 34 40 LF $ 57.90
17 6348 6 35 40 LF $ 57.90
18 6348 6 36 40 LF $ 57.90
19 6348 6 37 40 LF $ 57.90
20 6348 6 38 38.24 LF $ 55.35
TOTAL: 829.00 LF $1,200.00

Page 31 of 737 ends

5 NATASHA LANE LANDSCAPE
ASSESSMENT DISTRICT NO. 2005-2

ADDRESS OF PROPERTY OWNERS
Assessor’s Parcel
No.

Property Address
6348-006-017 101 Natasha Lane
Montebello, CA 90640
6348-006-018 105 Natasha Lane
Montebello, CA 90640
6348-006-019 109 Natasha Lane
Montebello, CA 90640
6348-006-020 117 Natasha Lane
Montebello, CA 90640
6348-006-021 121 Natasha Lane
Montebello, CA 90640
6348-006-022 125 Natasha Lane
Montebello, CA 90640
6348-006-023 129 Natasha Lane
Montebello, CA 90640
6348-006-024 133 Natasha Lane
Montebello, CA 90640
6348-006-025 137 Natasha Lane
Montebello, CA 90640
6348-006-026 141 Natasha Lane
Montebello, CA 90640

Page 32 of 737 ends

6 NATASHA LANE LANDSCAPE
ASSESSMENT DISTRICT NO. 2005-2

ADDRESS OF PROPERTY OWNERS
Assessor’s Parcel
No.

Property Address
6348-006-029 136 Natasha Lane
Montebello, CA 90640
6348-006-030 132 Natasha Lane
Montebello, CA 90640
6348-006-031 128 Natasha Lane
Montebello, CA 90640
6348-006-032 124 Natasha Lane
Montebello, CA 90640
6348-006-033 120 Natasha Lane
Montebello, CA 90640
6348-006-034 116 Natasha Lane
Montebello, CA 90640
6348-006-035 112 Natasha Lane
Montebello, CA 90640
6348-006-036 108 Natasha Lane
Montebello, CA 90640
6348-006-037 104 Natasha Lane
Montebello, CA 90640
6348-006-038 100 Natasha Lane
Montebello, CA 90640

Page 33 of 737 ends

7 NATASHA LANE SEWER AND STORM WATER PUMP STATION
ASSESSMENT DISTRICT NO. 2005-2
EXHIBIT “A”

BOUNDARY MAP

Page 34 of 737 ends

This space for filing stamp only
OR#:

O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841

PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of Orange ) ss
Notice Type:

Ad Description:

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

Executed on: 10/10/2004
At Los Angeles, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature

MONTEBELLO NEWS
1007 N. SEPULVEDA BLVD. SUITE 1357, MANHATTAN, CA 90266 (323) 556-5720 (213) 835-0584
EWA 3819618

SAMANTHA NEVAREZ

CITY OF MONTEBELLO/CITY CLERK (LEAD)
1600 W. BEVERLY BLVD
MONTEBELLO, CA - 90640

HRG - NOTICE OF HEARING
Levying the Proposed Assessments for the City's Natasha Lane Landscaping Assessment District 2005-1 for Fiscal Year 2024-25 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the MONTEBELLO NEWS, a newspaper published in the English language in the city of MONTEBELLO, county of LOS ANGELES, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of LOS ANGELES, State of California, under date 03/13/1934, Case No. 369441. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
06/06/2024
06/06/2024

LOS ANGELES
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PUBLIC HEARING NOTICE

CITY OF MONTEBELLO
NOTICE IS HEREBY GIVEN that the City Council
of the City of Montebello will hold a Public
Hearing in the Council Chambers located at
Montebello City Hall, 1600 West Beverly
Boulevard, Montebello, California, on
Wednesday, June 26, 2024, at 6:00 p.m. , or as
soon as possible thereafter as the matter can be
heard, to consider the following:

Levying the proposed assessments for the
City's Natasha Lane Landscaping Assessment
District 2005-1 for Fiscal Year 2024-25:

Natasha Lane is a twenty-unit housing
development, extending to the south from Whittier
Boulevard and to the east of Bluff Road. As part
of the development, new landscaping was
installed within a storm drain easement at the
southerly terminus, along the frontage of the
property facing Whittier Boulevard and at the end
of the cul-de-sac. The City is responsible for the
maintenance of landscaping in these areas. The
special assessment district was initially
established in 2005 when the development was
constructed. This special assessment is added to
the Los Angeles County Tax Roll annually. On
May 22, 2024, the City Council approved
Resolution No. 24-33 initiating proceedings for
the FY 2024-2025 levy of annual special
assessment and residents were notified on May
23, 2024.

For those interested making public
comments, you may address the City Council
in person during the public comment period
or public testimony period for Public Hearings
by attending the Council Chambers located at
Montebello City Hall, 1600 West Beverly
Boulevard, Montebello, California on
Wednesday, June 26, 2024, at 6:00 p.m. In
addition, the City has created an email address
[email protected] where
the public can submit written public comments no
later than Wednesday, June 26, 2024, at 3:00
p.m. These comments will not be read aloud but
will be entered into the record and submitted to all
members of the City Council. The email address
for City Council meetings can be located on the
City's webpage under the City Clerk tab,
https://www.cityofmontebello.com/department/ad
ministration/city-clerk-s-office.html.

If you challenge the subject matter in court, you
may be limited to raising only those issues you or
someone else raised at the public hearing
described in this notice, or in written
correspondence delivered to the City Council, at,
or prior to, the public hearing.

More information about the assessment district is
available by contacting the Public Works
Department at 323-887-1460.

Kimberly Guillen, Sr. Deputy City Clerk
Dated: May 22, 2024
Date published: June 06, 2024
6/6/24
EWA-3819618#

MONTEBELLO NEWS

ATTACHMENT C

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ITEM # 13

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director

SUBJECT: PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTION NO. 24-44 CONFIRMING THE FISCAL YEAR 2024–25 ENGINEER’S

REPORT FOR THE ANNUAL NATASHA LANE SEWER AND STORM
WATER PUMP ASSESSMENT DISTRICT NO. 2005-2 AND LEVYING

SUCH ASSESSMENTS

DATE: June 26, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

2. Authorize the Levying of the Fiscal Year 2024-2025 Assessments; and.

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

BACKGROUND/DISCUSSION:

The properties on Natasha Lane benefiting from the sewer and storm drain systems, including pump stations, are required to be assessed to fund the maintenance and operation in Fiscal Year 2024-25. The special assessment district was initially established in 2005 when the development was constructed. This special assessment is added to the Los Angeles County Tax Roll annually. On May 22, 2024, the City Council approved Resolution No. 24-32 initiating proceedings for the FY 2024-25 levy of annual special assessment.

Natasha Lane is a twenty-unit housing development, extending to the south from Whittier

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CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 26, 2024

Page 2 of 2 ends

Boulevard and to the east of Bluff Road. As part of the development, sewer and storm drain systems, including pump stations for both, were installed to accommodate the operation of the sewer lines and storm water systems. The City is responsible for the operation and maintenance of these pump stations.

The recommended Resolution establishes approval and confirmation of the Engineer’s Report for Natasha Lane Sewer and Storm Drain Pump Assessment District No. 2005-2 (Attachment B) and authorizes the levying of such assessments. These actions are required for Staff to complete the direct assessment process with Los Angeles County and place the appropriate parcel assessments on the annual tax roll.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

The City Council will consider the adoption of a Resolution confirming the Engineer’s Report for the FY 2024-25 Annual Natasha Sewer and Storm Drain Pump Assessment District No. 2005-2 and authorize the levying of such assessments. The Proof of Publication of the hearing notice is included in Attachment C.

ATTACHMENT(S)

1. Attachment A - Resolution No. 24-44

2. Attachment B - Engineer's Report UPDATED, 06_18_2024

3. Attachment C - Proof of Publication

Page 37 of 737 ends

ATTACHMENT A

RESOLUTION NO. 24-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO CONFIRMING DIAGRAM AND ASSESSMENT FOR

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

ASSESSMENTS ON ASSESSABLE LOTS AND PARCELS OF LAND IN
SAID DISTRICT FOR FISCAL YEAR 2024-2025

RECITALS

WHEREAS, on May 22, 2024 pursuant to the Benefits Assessment Act of 1982, the City Council of the City of Montebello adopted Resolution No. 24-32, approving the Preliminary Engineer’s Report, the assessment diagram for Assessment District No. 2005- 2 and the annual assessments for Natasha Lane Sewer and Storm Water Pump Stations.

At this meeting, the City Council also declared its intention to levy assessments on the lots and parcels of property therein for Fiscal Year 2024-2025 for the maintenance and operation of sewer and storm water pump stations, and any appurtenant improvements.

In addition, the City Council directed staff to schedule a public hearing on the proposed levy and collection of assessments for 6:00 p.m. on June 26, 2024 as required by Section 53753 of the Government Code;

WHEREAS, for purposes of levying the proposed assessments on the lots and parcels of property within the District, the Engineer’s Report prepared by City Engineer, with respect to the proposed assessments and the Assessment diagram contained therein, which is on file with the City Clerk of the City Council, allocates the estimated costs of the improvements within the District and proposes the levy of assessments on the parcels within the District;

W
HEREAS, pursuant to Resolution No. 24-32, and in the absence of major objections against the imposition of the assessment, the City Council shall approve the Report with respect to levy such assessment on property within the District;

WHEREAS, on June 26, 2024, the City Council held the hearing and afforded all interested persons an opportunity to present testimony, and considered all objections or protests to the proposed assessments;

WHEREAS, at the conclusion of said hearing, it was determined that a majority protest to the levy of the proposed assessments does not exist; and

WHEREAS, the City Council may proceed, pursuant to Section 54711 of the Government Code, to adopt a resolution confirming the levy of the assessments on the assessable parcels of property in the District, and the adoption of such a resolution shall constitute the levy of assessments on all assessable lots and parcels of property within the District for Fiscal Year 2024-2025.

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RESOLUTION NO. 24-44

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

SECTION 1. Findings. The City Council finds:

(a) The preceding recitals are true and correct;

(b) The requirements of the Benefit Assessment Act of 1982, Chapter 6.4 (commencing with Section 54703) of Part 1 of Division 2 of Title 5 of the Government Code have been satisfied;

(d) The assessments proposed to be levied on the assessable lots and parcels of land in the District for the improvements during Fiscal Year 2024-2025 contained in the Engineer’s Report, which is on file with the City Clerk of the City Council (the "Report"), are based on benefits derived by such lots and parcels from the availability of the improvements, and are not based on the ownership or value of such lots and parcels;

(e) For purposes of levying the proposed assessments on the lots and parcels of property within the District, the Report and the Assessment diagram contained therein allocates the estimated costs of the installation, operation, maintenance and servicing of the improvements within the District;

(f) Such assessments are based on special benefit conferred upon each such lot or parcel from the payment of the costs of the installation, operation, maintenance and servicing of the improvements;
(g) The proportionate special benefit derived by each of such lot or parcel has been determined in relationship to the entirety of the cost of the installation, operation, maintenance and servicing of the improvements;
(h) The amount of the assessment which is to be levied on each such lot or parcel is based upon and will not exceed the reasonable cost of the proportional special benefit conferred on that lot or parcel;

(i) The City Council may proceed to adopt a resolution confirming the assessments to be levied on assessable parcels of property in the District; and

SECTION 2. Improvements. The improvements authorized for the District are:

(a) Maintenance and operation of sewer and storm water pump stations.

SECTION 3. Confirmation of Report. The Engineer’s Report with the Assessment diagram and the assessment contained therein for the payment of the costs of the installation, operation, maintenance and servicing of the improvements in the District for Fiscal Year 2024-2025 are confirmed.

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RESOLUTION NO. 24-44

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SECTION 4. Levy of Assessments. Pursuant to Section 54715 of the Government Code, the adoption of this resolution constitutes the levy of the assessments on assessable lots and parcels of property in the District for the installation, operation, maintenance and servicing of the improvements during Fiscal Year 2024-2025, as contained in the Report and such assessments are levied. The City Clerk of the City Council is directed to file a certified copy of this Resolution, together with the confirmed Assessment diagram and assessment contained in the Report, with the County Auditor of the County of Los Angeles, who, pursuant to Section 54716 of the Government Code, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment.

SECTION 5. Duration of Assessments; Annual Adjustment for Increased Costs. The assessments which are to be levied on lots and parcels in the District shall be levied annually as long as the assessments are necessary to finance the cost of the improvements and the maintenance and servicing thereof. The annual amount of the assessment to be levied on each parcel of assessable property in the District in each fiscal year may be increased by the percentage increase in the Consumer Price Index – All Urban Consumers for the Los Angeles; provided, however, that the amount of the assessment to be levied on any assessable parcel in any fiscal year shall not be increased by more than four percent (4%, based on March 12- month assessment) and the amount of the assessment to be levied on any parcel in any fiscal year shall not, in any event, exceed the actual total cost of the proportional special benefit conferred on that parcel.

SECTION 6. Detachment of Territory. All assessable lots or parcels included within the District that are also included in existing Landscaping, Lighting and Park District No. 1 and are subject to the levy of assessments by Landscaping, Lighting and Park District No. 1 are hereby detached from Landscaping, Lighting and Park District No. 1 to the extent that the assessments levied by Landscaping, Lighting and Park District No. 1 finance the same improvements provided by the District.

SECTION 7: That the City Clerk shall certify the passage and adoption of this Resolution and that the same shall be in full force and effect.

[Signatures on the following page]

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RESOLUTION NO. 24-44

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APPROVED AND ADOPTED THIS 26TH DAY OF JUNE 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 -44 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 26 th day of June 2024
and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

DATE:

Christopher Jimenez, City Clerk

EXHIBITS:
• Exhibit A – Boundary of Assessment District

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ATTACHMENT B

CITY OF MONTEBELLO
ENGINEER’S REPORT
FOR

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

For
FY 2024-2025

Scarlet Peralta, Mayor

Salvador Melendez, Mayor Pro Tem

Angie Jimenez, Councilmember

Georgina Tamayo, Councilmember

David Torres, Councilmember

Engineer’s Report
May 22, 2024

Prepared by the City of Montebello – Engineering Division

Cesar Roldan
Director of Public Works

Page 43 of 737 ends

2 CITY OF MONTEBELLO
ENGINEER’S REPORT
FOR

NATASHA LANE SEWER AND STORM WATER PUMP STATION
ASSESSMENT DISTRICT NO. 2005-2
(FISCAL YEAR 2024-2025)

SECTION I: AUTHORITY FOR REPORT

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

Chapter 6.4 (commencing with Section 54703) of Part 1 of Division of Title 5 of the Government Code. The report for the maintenance and operation of the sewer pump station and storm water pump station benefits only the properties on Natasha Lane an d covers the period July 1, 2024, through June 30, 2025.

SECTION II: PLANS

The Plans showing the locations of the sewer and storm water pump stations are illustrated herein as Exhibit A. All of the above-mentioned items are on file in the Office of the City Clerk.

SECTION III: SPECIFICATIONS FOR MAINTENANCE

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

SECTION IV: PROJECT REVENUE & EXPENDITURES
2023-24 ACTUAL 24-25 PROJECTED
BEGINNING FUND BALANCE ($110,766.32) ($184,137.34)
Current Outstanding Deficit

REVENUE $17,696 $19,023.20
Maintenance and Operation Expenses (Estimated) $12,896 $16,120 Administrative Costs (Staff, Consultant and La County Fees) $4,800 $4,800

EXPENDITURES (ESTIMATED) $73,371.02 $20,920
Maintenance and Operation Expenses
Contractual Services
$16,120
Administrative Costs (Staff, Consultant and La County Fees) $4,800

BALANCE (END OF FISCAL YEAR)
Revenue Available ($5,422) ($165,114.14)
Anticipated Expenditures ($17,696) ($20,920)
ASSESSMENT DISTRICT RESERVE FUND BALANCE (184,137.34) ($186,034.14)

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3 SECTION V: DIAGRAM

A Diagram showing the A ssessor’s parcel number and the dimensions of each lo t or parcel of land within the District is on file in the Office of the City Clerk.

SECTION VI: ASSESSMENT

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

All properties are assessed based on the Engineer ’s Estimate. This estimate includes associated costs for each property based on property frontage along the street (Natasha Lane). In order to apportion the assessment to each parcel in direct proportion with the special and direct benefit which it will receive from the improvements, an analysis has been completed and the respective street frontage of each benefiting parcel is used as the basis for apportioning costs to each property within the Assessment District as follows:

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

ASSESSMENT ROLL

ASSESSMENT
NO.

BOOK PAGE PARCEL
NO.

FRONT

FOOTAGE
TOTAL
COST
1 6348 6 17 45.19 LF $1,036.98
2 6348 6 18 41 LF $940.83
3 6348 6 19 41 LF $940.83
4 6348 6 20 41 LF $940.83
5 6348 6 21 41 LF $940.83
6 6348 6 22 41 LF $940.83
7 6348 6 23 41 LF $940.83
8 6348 6 24 41.70 LF $956.90
9 6348 6 25 52 LF $1,193.25
10 6348 6 26 45.27 LF $1,038.82
11 6348 6 29 40.60 LF $931.65
12 6348 6 30 40 LF $917.89
13 6348 6 31 40 LF $917.89
14 6348 6 32 40 LF $917.89
15 6348 6 33 40 LF $917.89
16 6348 6 34 40 LF $917.89
17 6348 6 35 40 LF $917.89
18 6348 6 36 40 LF $917.89
19 6348 6 37 40 LF $917.89
20 6348 6 38 38.24 LF $877.50

TOTAL: 829.00 LF

$19,023.20

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

ADDRESS OF PROPERTY OWNERS

Assessor’s
Parcel No.

Property Address
6348-006-017 101 Natasha Lane
Montebello, CA 90640
6348-006-018 105 Natasha Lane
Montebello, CA 90640

6348-006-019 109 Natasha Lane
Montebello, CA 90640

6348-006-020 117 Natasha Lane
Montebello, CA 90640

6348-006-021 121 Natasha Lane
Montebello, CA 90640

6348-006-022 125 Natasha Lane
Montebello, CA 90640

6348-006-023 129 Natasha Lane
Montebello, CA 90640

6348-006-024 133 Natasha Lane
Montebello, CA 90640

6348-006-025 137 Natasha Lane
Montebello, CA 90640

6348-006-026 141 Natasha Lane
Montebello, CA 90640

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

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6 ADDRESS OF PROPERTY OWNERS

Assessor’s Parcel
No.

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

6348-006-030 132 Natasha Lane
Montebello, CA 90640

6348-006-031 128 Natasha Lane
Montebello, CA 90640

6348-006-032 124 Natasha Lane
Montebello, CA 90640

6348-006-033 120 Natasha Lane
Montebello, CA 90640

6348-006-034 116 Natasha Lane
Montebello, CA 90640

6348-006-035 112 Natasha Lane
Montebello, CA 90640

6348-006-036 108 Natasha Lane
Montebello, CA 90640

6348-006-037 104 Natasha Lane
Montebello, CA 90640

6348-006-038 100 Natasha Lane
Montebello, CA 90640

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

EXHIBIT “A”

BOUNDARY MAP

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This space for filing stamp only

OR#:

O R A N G E C O U N T Y R E P O R T E R

~ SINCE 1921 ~

600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841

PROOF OF PUBLICATION

(2015.5 C.C.P.)

State of California )
County of Orange ) ss
Notice Type:

Ad Description:

Executed on: 10/10/2004
At Los Angeles, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature

MONTEBELLO NEWS
1007 N. SEPULVEDA BLVD. SUITE 1357, MANHATTAN, CA 90266 (323) 556-5720 (213) 835-0584
EWA 3819619

SAMANTHA NEVAREZ

CITY OF MONTEBELLO/CITY CLERK (LEAD)
1600 W. BEVERLY BLVD
MONTEBELLO, CA - 90640

HRG - NOTICE OF HEARING
Levying the proposed assessments for the City%u2019s Natasha Lane Sewer and Storm Water Pump Station Assessment District I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the MONTEBELLO NEWS, a newspaper published in the English language in the city of MONTEBELLO, county of LOS ANGELES, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of LOS ANGELES, State of California, under date 03/13/1934, Case No. 369441. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
06/06/2024
06/06/2024

LOS ANGELES
!A000006786589!
Email

PUBLIC HEARING NOTICE

CITY OF MONTEBELLO
NOTICE IS HEREBY GIVEN that the City Council
of the City of Montebello will hold a Public
Hearing in the Council Chambers located at
Montebello City Hall, 1600 West Beverly
Boulevard, Montebello, California, on
Wed nesday, June 26, 2024, at 6:00 p.m. , or as
soon as possible thereafter as the matter can be
heard, to consider the following:

Levying the proposed assessments for the
City's Natasha Lane Sewer and Storm Water
Pump Station Assessment District 2005 -2 for
Fis cal Year 2024 -25:

Natasha Lane is a twenty -unit single family
housing development, located south of Whittier
Boulevard and east of Bluff Road. As part of the
development, sewer and storm systems,
including pump stations for both systems, were
installed to accommodate the operation of the
sewer lines and storm water systems. The City is
responsible for the operation and maintenance of
these pumps stations. The special assessment
district was initially established in 2005 when the
development was constructed. This special
assessment is added to the L.A. County Tax Roll
annually. On May 22, 2024, the City Council
approved Resolution No. 24 -32 initiating
proceedings for the FY 2024 -2025 levy of the
annual special assessment and residents were
notified on May 23, 2024.

For those interested making public
comments, you may address the City Council
in person during the public comment period
or public testimony period for Public Hearings
by attending the Council Chambers located at
Montebello City Hall, 1600 West Beve rly
Boulevard, Montebello, California on
Wednesday, June 26, 2024, at 6:00 p.m . In
addition, the City has created an email address
[email protected] where
the public can submit written public comments no
later than Wednesday, June 26, 20 24, at 3:00
p.m . These comments will not be read aloud but
will be entered into the record and submitted to all
members of the City Council. The email address
for City Council meetings can be located on the
City's webpage under the City Clerk tab,
https:// www.cityofmontebello.com/department/ad
ministration/city -clerk -s-office.html.

If you challenge the subject matter in court, you
may be limited to raising only those issues you or
someone else raised at the public hearing
described in this notice, or in writ ten
correspondence delivered to the City Council, at,
or prior to, the public hearing.

More information about the assessment district is
available by contacting the Public Works
Department at 323 -887 -1460:

Kimberly Guillen, Sr. Deputy City Clerk
Dated: May 22, 2024
Date published: June 06, 2024
6/6/24
EWA -3819619#

MONTEBELLO NEWS

Page 50 of 737 ends

ITEM # 14

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: INTRODUCE AND WAIVE FIRST READING OF ORDINANCE NO. 2477 APPROVING DEVELOPMENT AGREEMENT (DA NO. 01-24)

BETWEEN PREMIER MEDIA SOUTHWEST LLC AND THE CITY OF

MONTEBELLO TO ALLOW THE INSTALLATION AND CONTINUED
OPERATION OF A NEW DOUBLE FACED 14’ X 48’, OFF PREMISES DIGITAL DISPLAY SIGN WITH A MAXIMUM HEIGHT OF 75 FEET,

PURSUANT TO MONTEBELLO MUNICIPAL CODE CHAPTER

17.62.105 ET SEQ. (OFF-PREMISES DIGITAL DISPLAY SIGNS), FOR THE PROPERTY LOCATED AT 2601 VIA CAMPO, MONTEBELLO,
CALIFORNIA.

DATE: June 26, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

3. Take such additional and/or related action that may be desirable.

BACKGROUND/DISCUSSION:

Pursuant to Montebello Municipal Code (“MMC”) Section 17.62.105.C., the Applicant

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CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 26, 2024

Page 2 of 14 ends

seeks approval of a Development Agreement to allow the installation and continued operation of a new double-faced 14’ x 48’ off premises digital display sign with a maximum height of 75 feet for the property located at 2601 Via Campo, Montebello, CA 90640 (the “Project” or “proposed Project”). The proposed Project would construct a double-faced digital display billboard with light emitting diodes (LED) on both sign faces.

The new digital billboard would be located on the northwest portion of the Montebello Plaza approximately 75 feet south of Via Campo and located directly south of the SR-60.

The digital billboard would be sited within a landscaped 240 square-foot area in the existing surface parking area for the property located at 2601 Via Campo.

The proposed billboard would have an overall height of 75 feet from grade to the top of the sign face. As shown in the Digital Display Billboard Elevations (Attachment C), the sign face dimensions of the proposed billboard would be 14 feet by 48 feet with total sign face areas of 672 square feet. The billboard would be positioned on a 58-foot-tall pole that would be 36 inches to 48 inches in diameter. The design would also include a concrete footing and foundation that would extend 26 feet below grade. The color of the pole would be flat black. A 3-foot by 40-foot internally lit sign cabinet facing both directions of SR-60 with the "City of Montebello" name affixed to the bottom of the digital display sign faces. Below this sign cabinet would be a 10-foot by 10-foot internally lit sign cabinet facing both directions of SR-60 with the City’s “M” logo and the word “Montebello”. Finally, the Project would also include a ladder at 12 feet off grade on the rear column of the billboard. The digital displays would be oriented facing east and west and would be visible from SR-60. The display would be illuminated 24 hours per day, 365 days per year. The light levels emitted from the digital display would be set to adjust based upon ambient light conditions.

The proposed Project would connect to existing underground electrical facilities at the site, and would not require relocation, expansion, or construction of new electrical facilities. The Applicant submitted an Outdoor Advertising Preliminary Application (No.

P07-3577) to Caltrans. In a response letter dated September 27, 2023, Caltrans identified the Project as conforming to the requirements of the Outdoor Advertising Act. Pursuant to MMC Section 17.62.105 et seq., the proposed Project is subject to a Development Agreement and an Off-Premises Digital Display Sign Permit.

On May 7, 2024, the Planning Commission held a duly noticed public hearing and approved Resolution No. 04-24 (Attachment G) recommending the City Council approve Development Agreement No. 01-24 between Premier Media LLC and the City of Montebello.

ENVIRONMENTAL:

In accordance with the California Environmental Quality Act (“CEQA”), the proposed Development Agreement (Case No. DA 01-24), is considered a “project,” per the CEQA definition of a “project.” The project is considered a Class 32 and Categorically Exempt per CEQA Guidelines Section 15332 (In-Fill Development Projects), and none of the limitations set forth in CEQA Guidelines Section 15300.2 apply.

In order to qualify under an exemption pursuant to Class 32 of CEQA Guidelines Section

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CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 26, 2024

Page 3 of 14 ends

15332 (In Fill Development Projects), the following environmental findings must also be made:

A. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

The project site has a General Plan Land Use designation of General Commercial and is zones as C-2 (General Commercial). The C-2 zoning designation is intended to permit uses with higher traffic and longer hours such as retail sales, medical and professional offices, as well as service stations and automobile sales yards. Based on the allowed uses in the MMC, the Project is permitted subject to a Development Agreement. The Applicant is proposing to construct a 75-foot high, double-faced 14’ x 48’ Off Premise Digital Display Sign on the approximately 200 square foot project site, within 7,000 square feet area for 13 surrounding tree removals to provide view to the Digital Billboard.

Further, the Project would be designed to meet applicable development standards and regulations as listed in the MMC, Chapter 17.62.105 “Off Premise Digital Display Signs”.

B. The proposed development occurs within the city limits on a project site of no more than five (5) acres substantially surrounded by urban uses.

The site is located within the parking lot of Montebello Plaza, a retail center containing a grocery store, gas station, medical office, retail stores, restaurants, and other service/ office/ commercial uses. Specifically, the project site is a landscaped area measuring approximately 240 square feet (SF) at the northwest corner of the optometrist office and adjacent to Via Campo. The 240 SF area is comprised of ornamental landscaping and is within the parking lot of the optometrist office. As such, the project site is less than five acres and substantially surrounded by urban uses, it meets the criteria of CEQA Guidelines Section 15332 (b).

C. The project has no value as habitat for endangered, rare or threatened species.

The project site is developed with ornamental landscaping. The immediate area surrounding the Project site is completely developed with commercial buildings and associated parking lots. As such, the whole project site has been disturbed by previous development and does not contain any endangered, rare or threatened species.

Development of the proposed Project would require the removal of 13 trees located near the Project site in order to increase visibility of the billboard to motorists from SR-60. In January 2024, an Arborist Survey Report was prepared by CalPacific Sciences and is included in this report as Attachment D. The survey was performed to identify the various tree species found within the project boundary, assess their health, and provide recommendations as to which trees may be retained as part of the proposed Project.

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The 13 trees were identified as three distinct species: Canary Island Pine, Lemon Scented Gun, and Mexican Fan Palm were identified during the survey, none of which are considered native or special status species.

Of the 13 trees surveyed and identified for removal, five were located in the parkway within public property. The root crown extension of these large trees has resulted in damage to the sidewalk and hardscape presenting a fall hazard to pedestrians. Three of the five trees located within public property showed indication of disease.

The request to remove 13 trees was reviewed by the City’s Public Works Department who determined that a tree removal permit is required in accordance with the City’s Municipal Code, specifically MMC Section 12.08.090 for removal of trees maintained by the City or on City property. Although replacement of removed ornamental trees is not required by the City’s Municipal Code, the City has the authority to require tree replacements during the permitting process, which has been added to the Project as a condition of approval. This condition requires that the Applicant remove and replace 170 linear feet of full sidewalk width and remove and replace 40 linear feet of curb and gutter.

In addition, this condition requires the removal and replacement of parkway drains.

Lastly, this condition will require the Applicant (owner/developer) to provide the City with ten (10) White Crape Myrtles 24” box trees including delivery of such trees to the Public Works maintenance yard for placement throughout the City as deemed appropriate.

In addition, as a standard condition of approval, any removal of vegetation or trees is required to be conducted in accordance with Sections 3503, 3503.5, and 3513 of the California Fish and Game Code and the Migratory Bird Treaty Act (MBTA). Compliance with the California Fish and Game Code and MBTA would ensure that impacts to nesting birds and raptors, which may use vegetation including trees that require removal, on or near the Project site for nesting, during construction would not occur.

For the reasons described above, the proposed Project site has no value as habitat for endangered, rare or threatened species and meets the criteria of CEQA Guidelines section 15332 (c).

D. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

TRAFFIC

The Project proposes the construction of a digital display billboard. As such, the operation of the proposed Project would not generate any net new vehicle trips. Therefore, the Project would result in a less-than-significant impact related to VMT.

The proposed Project is a redevelopment and infill Project within an urbanized area that is served by transit. The Project vicinity receives bus service from Montebello Bus Lines (MBL). MBL Route 70 stops at Montebello Plaza, on Via Campo, approximately 100 feet

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northeast of the Project site. The proposed digital display billboard would not alter or conflict with existing transit stops and schedules, and impacts related to transit services would not occur.

There is no existing bicycle infrastructure such as bicycle trails/lanes on the surrounding streets. Therefore, the Project would not alter or conflict with any bicycle facilities.

Sidewalks currently exist adjacent to the site along both Via Campo and N. Wilcox Avenue; and pedestrian crosswalks are provided at the intersection of Via Campo and N. Wilcox Avenue. The proposed Project would not alter the existing pedestrian sidewalks or crosswalks, and impacts related to bicycle, and pedestrian infrastructure would not occur.

The proposed Project would not result in any significant effects relating to traffic; therefore, the proposed Project meets the traffic related criteria of CEQA Guidelines Section 15332(d).

NOISE

Construction Noise. The Project site is in an urbanized area that is developed with commercial uses. Construction of the proposed digital display billboard may result in temporary increased noise levels from construction activities that include site preparation, excavation, and billboard construction. The effects of Project construction noise levels on longer-term (hourly or daily) ambient noise levels could result in temporary noise leading to levels of annoyance or sleep disturbances at nearby sensitive receptors, if not restricted to daytime hours. According to the City of Montebello Code of Ordinances section 9.08.050, Loud and raucous noise, noise and vibration sources associated with construction are allowed only between the hours of 7 a.m. and 8 p.m. on weekdays (Monday through Friday) and 9 a.m. to 6 p.m. on Saturdays, Sundays, and legal holidays.

Compliance with the permissible construction hours established by the Montebello Code of Ordinances would reduce the effects of noise produced by construction activities on longer-term (hourly or daily) ambient noise levels. Furthermore, the increased noise levels would be temporary and would not remain after construction is complete.

Therefore, no new noise-related construction impacts are anticipated from the proposed Project.

Operational Noise. The proposed Project would construct a double-faced digital display billboard. The Project would not generate new sources of noise from the Project and will not generate new vehicular traffic on the nearby roadways. Therefore, no new noise- related impacts during operation are anticipated from the proposed Project.

Vehicular Noise. The proposed Project is a new digital display billboard Project that would not result in an increase in the number of truck trips nor alter the speed limit on any existing roadway. Therefore, no new noise-related impacts from vehicular noise are anticipated from the proposed Project.

Aircraft Noise. The nearest airport is the San Gabriel Valley Airport, located 6.3 miles northeast of the Project site. The proposed Project is not located within an airport land use, within two miles of an airport, or within the vicinity of a private airstrip. Therefore, the

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proposed Project would have no impact related to aircraft noise.

Ground-borne Vibration. Construction activity can result in varying degrees of ground vibration, depending on the equipment used on the site. Construction of the proposed Project may result in temporary increased vibration levels from construction activities that include site preparation, excavation, and billboard construction. However, as discussed above, per City of Montebello Code of Ordinances section 9.08.050, Loud and raucous noise, noise and vibration sources associated with construction are permitted only between the hours of 7 a.m. and 8 p.m. on weekdays (Monday through Friday) and 9 a.m. to 6 p.m. on Saturdays, Sundays, and legal holidays. Compliance with the permissible construction hours established by the Montebello Code of Ordinances would reduce vibration impacts during construction. Therefore, no new vibration-related construction impacts are anticipated from the proposed Project.

AIR QUALITY

This section is based on the Construction Air Quality Emission Summary for the 2601 Via Campo Digital Billboard Project, prepared by EPD Solutions, Inc. on January 19, 2024, and included as Appendix D.

Regional Construction Emissions. The Southcoast Air Quality Management District (SCAQMD) has adopted maximum daily emission thresholds (pounds/day) for the criteria pollutants during construction of a Project. The regional thresholds apply to the criteria pollutants mentioned in Table 2. These construction emission thresholds include the Project emissions generated both from onsite sources (such as off-road construction equipment and fugitive dust) and offsite sources (vehicle travel leaving and arriving to the site). The California Emissions Estimator Model (CalEEMod v. 2022.1.1) land use emission model was used to analyze Project construction emissions, which is estimated to last approximately 10 days. The Project’s maximum daily regional emissions would not exceed SCAQMD’s thresholds of significance, as shown in Table 2. In addition, design and construction of the Project would comply with applicable SCAQMD rules and regulations, including Rule 403 to minimize fugitive PM dust emissions. Therefore, the proposed Project would have less-than-significant air quality impacts related to regional construction emissions.

Regional Construction Emissions. The SCAQMD recommends the evaluation of localized NOX, CO, PM10, and PM2.5 construction-related impacts to sensitive receptors in the immediate vicinity of the Project site. Such an evaluation is referred to as a localized significance threshold (LST) analysis. The impacts were analyzed pursuant to the SCAQMD’s Final Localized Significance Threshold Methodology. SCAQMD has developed LSTs that represent the maximum emissions from a project that are not expected to cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standards, and thus would not cause or contribute to localized air quality impacts.

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and hospitals. The nearest sensitive receptor is the senior apartment community located

0.2 miles (1,054 feet) Feet to the east and described in Section 2.2, Existing Project Site.

SCAQMD provides screening tables for Projects that disturb less than or equal to 5 acres in size in a day. These tables were created to easily determine if the daily emissions of NOX, CO, PM10, and PM2.5 from a Project could result in a significant impact to the local air quality. As shown in Table 3, with implementation of SCAQMD Rules 403 and 1113, the maximum daily construction emissions from the proposed Project would not exceed the applicable SCAQMD LST thresholds. Therefore, the Project would result in a less- than-significant impact related to localized emissions from construction activities.

Operational Emissions: Due to the nature of the Project, an operational analysis was not warranted. The proposed Project is a digital display billboard that would not generate air quality emissions. As such, the Project would result in no impact related to operational air quality emissions.

WATER QUALITY

The Project site is within the Los Angeles River watershed and under the jurisdiction of

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the Los Angeles Regional Water Quality Control Board (RWQCB), which sets water quality standards for all ground and surface waters within its region. Water quality standards are defined under the Clean Water Act (CWA) to include both the beneficial uses of specific water bodies and the levels of water quality that must be met and maintained to protect those uses (water quality objectives). Water quality standards for all ground and surface waters overseen by the Los Angeles RWQCB are documented in its Basin Plan, and the regulatory program of the Los Angeles RWQCB is designed to minimize and control discharges to surface and groundwater, largely through permitting, such that water quality standards are effectively attained.

Construction. Construction of the proposed Project would require grading and excavation of soils, which would loosen sediment, and then have the potential to mix with surface water runoff and degrade water quality. Additionally, construction would use heavy equipment and construction-related chemicals, such as concrete, cement, asphalt, solvents and paints. These potentially harmful materials could be accidentally spilled or improperly disposed of during construction and, if mixed with surface water runoff could wash into and pollute waters.

Construction of the Project would disturb less than one acre of soil; therefore, the proposed Project would not be required to obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges of Storm Water Associated with Construction Activity. The proposed Project would be required during the City’s permitting process to provide plans that demonstrate compliance with the NPDES and Urban Stormwater Mitigation Plan (USWMP). Adherence to the existing requirements and implementation of the appropriate best management practices (BMPs) as ensured through the City’s construction permitting process would ensure that the Project would not violate any water quality standards or waste discharge requirements, potential water quality degradation associated with construction activities would be minimized, and impacts would be less than significant.

Operations. The proposed Project is not expected to result in non-point source pollutants. As mentioned above, the proposed Project would be required during the City’s permitting process to provide plans that demonstrate compliance with the NPDES and Urban Stormwater Mitigation Plan (USWMP). With implementation of existing regulations including the City Municipal Code, and subsequent verification during the plan check and permitting process, the Project would not violate any water quality standards or waste discharge requirements, nor would it otherwise substantially degrade surface or ground water quality.

The Project site is located within Zone X of FEMA’s National Flood Hazard. Zone X areas have “0.2 percent annual chance flood hazard, areas of 1 percent annual change flood with depth less than one foot or with drainage areas of less than one square mile; and areas protected by levees from 1 percent annual chance flood”, per FEMA FIRM Map 06037C0700F (FEMA, 2008). Furthermore, as discussed previously, the Project site is in an urban developed commercial site. As such, the proposed digital display billboard would not place housing or new structures within a 100-year flood hazard area.

Overall, the proposed Project would not result in any significant effects relating to water quality; therefore, the proposed Project meets the water quality related criteria of CEQA Guidelines Section 15332(d).

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In addition to traffic, air quality, noise and water quality, this Exemption Justification looks at whether the digital display billboard would result in any significant aesthetic impacts.

AESTHETICS

Existing nighttime light sources in the vicinity include streetlights, parking lot lights, headlights from passing vehicles, highway lighting, and lighting on buildings and structures. Visual simulations of the proposed Project have been prepared as part of the permitting process in order to obtain an Off-Premises Digital Display Sign Permit from the City of Montebello. The visual simulations are included as Figure 7, Visual Simulations. As shown in the visual simulations, the digital display billboard is compatible with the current land uses and would be visible from both eastbound and westbound SR-

60. The closest residences to the Project site is a multi-family apartment complex located approximately 0.08 mile (445 feet) north of the Project site, as shown in Figure 3. This residential area is separated from the Project site by Via Campo and SR-60 and is lower in elevation than SR-60. The higher elevation of SR-60, the 12-foot freeway screening wall, and the lower elevation of the residential area serve to obscure the majority of the billboard. Limited views of the top of the billboard from the residential area are expected, if any.

A 3-story high senior apartment community is located approximately 0.2 mile (1,054 feet) east, as described in Section 2.2, Existing Project Site. The building’s configuration is triangular with a courtyard in the center. Due to this configuration only the west side of the building faces the digital display, but the distance of 0.2 miles (1,054 feet), the height of the digital displays at 75’, and the intervening landscape of trees and other vegetation on the property, utility lines, city trees adjacent to Via Campo, retail and commercial buildings and on-premise signage would limit any view of the digital display from the west side of the building. The north and east side of the building would have no impact from the digital display. There is potential of views to the Billboard from the senior apartment community. However, due to the distance 0.2 mile (1,054 feet) and intervening landscape (which includes tall trees, powerlines, commercial buildings) the views would be limited.

Single-family homes are located to the southeast of the Project site, as described in section 2.2, Existing Project Site. This residential area is higher in elevation than Montebello Plaza. As such, limited views of the proposed billboard from these homes are expected. However, due the distance (0.30 mile or 1,500 feet) and intervening landscape (which includes tall trees, powerlines, commercial buildings, signage for the plaza, and three-story buildings) the views would be interrupted and intermittent.

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with modern brightness controls, capable of sensing ambient light in order to set the display to a brightness level that will not exceed 0.3-foot candles above ambient light conditions, which is the International Sign Association’s maximum nighttime brightness level recommendation for digital display billboards (Media Resources, 2024).

A project-specific light study was prepared as part of the Letter of Certification and to confirm that the maximum intensity of light output produced by billboards authorized pursuant to the City of Montebello Code of Regulations would not exceed 0.3 foot- candles at 250 feet. Light output from the proposed Project would not exceed 0.3 foot- candles at 250 feet, as illustrated in Figure 8, Light Study. Furthermore, digital displays would be oriented to be visible to SR-60 east and west at the structure height from 61’- 75’ (14’ height of digital unit) of the total height of structure. As such, while there would be limited views of the digital display billboard structure as described above, the digital displays (LED lights) would not be visible from the north or south of the Project location.

Therefore, the light output would not have impact to the nearest residences (which are located across SR-60, approximately 445 feet north of the Project site).

The proposed Project would require Caltrans approval and a City of Montebello Off- Premises Digital Display Sign Permit as stated in Section 3, Project Description. The proposed digital display billboard would have lighting in conformance with Caltrans Outdoor Advertising Division, Outdoor Advertising Association of America (OAAA) and Montebello Municipal Code standards that minimize light and glare impacts, which would be verified during the approval and permitting process. Therefore, with implementation of existing code and regulations, the proposed Project would not create a new source of substantial light and or glare; therefore, the Project would have less than significant impacts related to light and glare.

The proposed Project is consistent with the zoning classification of General Commercial (C-2). As previously discussed, the Proposed Project would not conflict with Caltrans outdoor advertising requirements, City Municipal Code, or other regulations. Therefore, the Project would have less than significant impact to scenic resources.

E. The site can be adequately served by all required utilities and public services.

The utilities necessary to construct and operate the proposed Project (electric) would be adequately provided by existing utility service systems. The Project site is located in an urbanized and developed area. The proposed Project would connect to existing underground utility service lines surrounding the Project site. Given the Project size and its location within an area that is currently served by utilities, the site can be adequately served by all required utilities and public services. Therefore, the proposed Project meets the criteria of CEQA Guidelines Section 15332(e).

The Project has been reviewed by City staff and it has been determined that it can be adequately served by all required utilities and public services.

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PUBLIC NOTIFICATION
Pursuant to MMC Section 17.78 (Public Hearings, Notices, and Appeals), the following noticing was performed:

• On June 13, 2024, the Public Hearing Notice was published in the Daily Journal (Whittier Daily News); and
• On June 13, 2024, the Public Hearing Notice was mailed to all property owners within a 300-foot radius from the exterior boundaries of project site.

ANALYSIS:

The subject site is located within an existing commercial/retail shopping center located on the southeast corner of Via Campo and Wilcox Ave. The lot is comprised of a total of approximately 39,558 square feet (0.9 Acres) within the C-2 (General Commercial) zone.

The property is currently developed with medical offices, department stores, restaurants, a gas station, and a bank. The property is generally located towards the north of Montebello, just south of California State Highway 60 off Via Campo. The property is bordered to the south, west and east by commercial properties zoned (C-2) General Commercial. The City of Monterey Park is to the north of the property across the 60 freeway.

The following table includes the zoning designations and land use designations for surrounding properties:

Direction Zone Land Use
North California State Highway 60 (Pomona
Freeway)
South C-2 General Commercial
East C-2 General Commercial
West C-2 General Commercial

The following rendering is intended to illustrate the proposed Project associated with the Development Agreement:

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Development Agreement

The State Legislature adopted the “Development Agreement Statute,” sections 65864 et seq. of the Government Code to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development. The City of Montebello, a general law city, is authorized pursuant to the Development Agreement Statute to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing predictability for both the City and the owner of the property during the development process.

The Applicant has requested that the City enter into a Development Agreement for the Property to allow for the construction of the digital display sign. In accordance with its standard procedures, the Applicant and the City has engaged in negotiations.

The Development Agreement Statute provides that the Planning Commission and the City Council must each hold a public hearing on the proposal prior to approving a development agreement. Development Agreements must be adopted by an ordinance approved by the City Council and cannot be approved unless the legislative body finds that the Project conforms with the General Plan and any applicable specific plan.

Per MMC Section 17.62.105(C), construction of a new off-premises digital display sign within either digital display sign corridor shall be allowed only with the approval of a Development Agreement by the City Council, containing appropriate standards and

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public benefits to be negotiated between the sign owner and the City, and in compliance with all other imposed standards.

All City fiscal decisions, including the financial aspects and specific deal points of the Development Agreement, are solely within the jurisdiction of the Montebello City Council, and it is the City Council’s exclusive authority to review and take action upon any such Development Agreement.

The Project as authorized in the proposed Development Agreement is consistent with the General Plan because the Development Agreement meets the Goals and Objectives of the Land Use Element.

General Plan

The Project conforms with the Montebello General Plan, Land Use Element in that the Project will provide advertising for businesses that will increase the taxable revenue from these properties to the City.

Goal #1: o Formulate a plan which is responsive to the needs of the community, and which permits the orderly arrangement of land uses, permitting sufficient areas for reasonable development. Commercial Policy #5: The City should contain ample commercial facilities to meet the needs of its residents as well as provide taxable revenues to the City. Commercial Policy #6: Frontage areas along the Pomona and Santa Ana Freeways with good accessibility should be preserved for future commercial and industrial development.

“Our Safe Community” chapter of the General Plan is focused on increasing awareness for emergencies, minimizing threat to life and damage to structures form hazards. The resiliency lens identifies approaching challenges through the lens of resilience helping Montebello serve their residents today and in the long term, while preparing for any future potential adversity.

The Development Agreement that is proposed promotes the safety of the community by including emergency protocols as described in the Development Agreement: “During the entire Term of this Agreement and any extension, Developer shall make advertising space on the New Digital Billboard available to the appropriate agencies for the purpose of displaying “Amber Alert” or other emergency messages, at no cost, and in accordance with local and regional emergency protocols.”

“Our Prosperous Community” chapter of the General Plan focuses on supporting Economic Development. Policy 2: Nurture the local business community states “Providing business support services and infrastructure improvements to major commercial corridors throughout the City will help assure that local business can thrive.

SUMMARY:

N/A

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ATTACHMENT(S)

1. Attachment A-Ordinance No. 2477

2. Attachment B-Development Agreement

3. Attachment C-Conceptual Plans and Elevations

4. Attachment D-Tree Survey and Arborist Report

5. Attachment E-CEQA Exemption Checklist

6. Attachment F-CEQA Notice of Exemption

7. Attachment G-Planning Commission Resolution

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EXHIBIT A
ORDINANCE NO. 2477

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO APPROVING DEVELOPMENT AGREEMENT
(DA01-24) BETWEEN THE CITY OF MONTEBELLO AND

PREMIER MEDIA SOUTHWEST, LLC
WHEREAS, the California Legislature adopted the “Development Agreement Statute,” section 65864 et seq. of the Government Code to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development;
WHEREAS, the City of Montebello (the “City”) is authorized pursuant to the Development Agreement Statute to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both the City and the owner in the development process; WHEREAS, Chapter 17.62 of the Montebello Municipal Code (“MMC”), as amended by Montebello Ordinance no. 2466 (the “Sign Code”) authorizes the relocation, replacement, and/or construction of new “Off Premises Digital Displays” within certain specified “freeway corridors” of the City, subject to specific development standards and the City’s approval of a development agreement with the proposed operator and/or owner of the digital display;
WHEREAS, Premier Media Southwest LLC (“Premier Media”), and the City desire to enter into the Development Agreement (DA01-24) attached hereto as Exhibit “A” (the “Development Agreement”), which would allow the installation of a new off- premise two faced digital billboard, as specifically described in the Development Agreement (the "Project") upon the property located at 2601 Via Campo (the "Property"), in which Premier Media has a leasehold interest form the underlying property owner Brixmor Montebello Plaza LP, which has provided authorization for the development of the Project;
WHEREAS, the proposed Project is located on a parcel zoned C-2 (General Commercial) which permits the development of digital billboard subject to a Development Agreement pursuant to Government Code § 65864 et seq. under MMC §

17.62.105;
WHEREAS, the Project is also subject to the provisions of the Outdoor Advertising Act codified under California Business and Professions Code § 5200 et seq.;
WHEREAS, the Project was reviewed pursuant to the California Environmental Quality Act (“CEQA”) and the Project is exempt pursuant to a Class 32 Categorical Exemption under CEQA Guidelines Section 15332;

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Ordinance No.

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WHEREAS, the Planning Commission, following a duly noticed public hearing on May 7, 2024, recommended approval of this Development Agreement; WHEREAS, the City Council held a duly noticed public hearing on June 26, 2024 considering the Development Agreement and this Ordinance, and considered all staff reports, presentation, public testimony, comments, Planning Commission recommendations, and other evidence presented in connection with this matter; and

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

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

SECTION 2.CEQA. The City Council finds and determines that the Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to the Class 32 Categorical Exemption under CEQA Guidelines §15332 (In-fill Development Projects) in that: the Project is consistent with the General Plan and the City’s applicable zoning regulations; the Project site is less than five acres and occurs within City limits; the Project is surrounded by urban uses; the Project has no value for endangered, rare or threatened species; the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; the Project can be adequately served by all required utilities and public services; and none of the limitations set forth in CEQA Guidelines §15300.2 apply.

SECTION 3.Findings. Based on the staff reports, presentations, public testimony, comments, Planning Commission recommendations, and other evidence presented at the duly noticed public hearing in this matter, the City Council finds and determines the following:
a. That the Development Agreement is authorized by Montebello Municipal Code § 17.62.105 and California Government Code § 65864 et seq. b. That the provisions of the Development Agreement are consistent with the general plan and any applicable specific plan as required by California Government Code § 65867.5 as it will provide a plan for enhanced advertising opportunities for businesses in an effort to increase the taxable revenue from these properties as well as the potential for increased sales tax revenues to the City.

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Ordinance No.

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c. That the approval of the Development Agreement will not be detrimental to the public’s health, safety, or general welfare and consistent with the requirements of the Montebello Municipal Code.

SECTION 4.Development Agreement. The Development Agreement, which is attached hereto as Attachment “A”, is hereby approved, and the City Manager is hereby authorized and directed to execute it on behalf of the City.

SECTION 5.Recordation. The City Clerk is hereby authorized and directed to cause this Development Agreement to be recorded with the County Recorder’s Office for the County of Los Angeles pursuant to the requirements of Government Code §65868.5.

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.
7 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 26TH DAY OF June 2024.
_______________________________
Scarlett Peralta, Mayor
ATTEST:
_______________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

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Ordinance No.

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_______________________________
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 26 th day of June, 2024, and was adopted by the City Council of the City of Montebello at its meeting held on the 26 th day of June, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Christopher Jimenez, City Clerk

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EXHIBIT C

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Tree Survey and Arborist Report
for an approximate 0.1-acre Site
Located at 2601 Via Campo, Montebello, CA 90640-1807

Prepared for:

EPD Solutions
Contact: Ashley Olson
3333 Michelson Drive
Irvine CA 92612
Prepared by:

CalPacific Sciences
George J Wirtes, MS, RCA #738
ISA Certified and ASCA Registered Consulting Arborist

Report Date: January 11, 2024 (revised January 18, 2024)

EXHIBIT D

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Tree Survey and Arborist Report

Page ii

TABLE OF CONTENTS
Section 1: Executive Summary ............................................................................................................ 1 Section 2: Background ......................................................................................................................... 2

2.1 - Project Location and Description ...................................................................................... 2

2.2 - Site and Vicinity Characteristics ....................................................................................... 3

2.2.1 - Urban Forest ...................................................................................................... 4

2.3 - Assignment and Scope of Survey ..................................................................................... 5

2.4 - Survey Methodology ......................................................................................................... 5

2.5 - Hazard Risk Assessment ................................................................................................... 6

2.7 - Limitations and Exceptions of Assessment ....................................................................... 7 Section 3: Subject Trees and Observations ........................................................................................ 9

3.1 - Species Assessment ........................................................................................................... 9

3.2 - Observations.................................................................................................................... 11

3.2.1 - Survey Photographs ........................................................................................ 11 Section 4: Discussion and Recommendations .................................................................................. 15

4.1 - Conclusion ...................................................................................................................... 15

4.2 - Discussion ....................................................................................................................... 15

4.3 - Recommendations ........................................................................................................... 15

4.3.1 - Tree Removal and Replacement ..................................................................... 15

4.3.2 - Trees Preserved ............................................................................................... 16

4.3.3 - Migratory Bird Treaty Act .............................................................................. 16 Section 5: Qualifications Of Arborist ............................................................................................... 17 Section 6: References .......................................................................................................................... 18

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SECTION 1: EXECUTIVE SUMMARY
This arborist survey has been performed at the request of Premier Media Southwest LLC, under the care of EPD Solutions, for a small-scale project in the City of Montebello, California, within the County of Los Angeles. The proposed project includes a digital billboard with associated landscaping.

The field survey associated with this report was performed on December 27, 2023. Subject trees were tagged with aluminum tags, containing a unique number and assessed for health and stature. As part of this assessment, details of each tree were recorded, documenting their species, stature, health, local environment as well as conditions in which they occur. In all, 13 mature trees were assessed, comprised of three distinct species. The most prominent species surveyed was lemon scented gum (Corymbia citriodora), composing

53.8% of the total tree population present within the project area. Given the scale of the proposed project, no native or special status (i.e. heritage) trees were noted.

The subject trees appear to be regularly maintained, but several trees show indication of disease and possible dam
age from tree spikes used by tree trimming crews in the past. Due to disease or significant decay, three trees (23.1%) are in decline or pose a risk of failure (#484, 492, and 493), and are not candidates for preservation. Upon inspection of tree location and the parcel map, it appears five of the trees surveyed (#484, 487, 491, 92, and 93) reside in the parkway within public property (see Figure 2 as well as Sections

2.6.1, 2.7, and 4.3.1 below).

The City of Montebello’s Municipal Code (see Section 2.6 below) outlines provisions and guidelines for tree removal, installation, preservation, and maintenance within the City; this is especially important when considering street or public-interest trees within the City. Any trees that are intended for removal as part of a project may require a removal permit and must be approved by the Planning Director (trees on private property may be exempt). The Director must also approve final conditions of approval, if required, involving the number of trees being replaced as well as the tree species and size of the specimens.

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SECTION 2: BACKGROUND

2.1 - Project Location and Description
The project site (site) is located at 2601 Via Campo; it is adjacent to State Route 60 to the north, and 2.6- miles east of the 710 FWY in City of Montebello, CA, within the County of Los Angeles (see Figure 1 below). The proposed project includes the installation of a digital billboard with associated hardscaping, infrastructure and landscaping.

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2.2 - Site and Vicinity Characteristics
The elevation of the site is approximately 280 feet above mean sea level , and the terrain is relatively flat with small berms. The geological basement rock is described as unconsolidated gravel, sand and silt from young alluvial fan deposits from the late Pleistocene to Holocene (0.139 - 0 MYA). As indicated below, one distinct soil series occurs within the site boundary; this soil series is described by the Natural Resource Conservation Service (NRCS) as alluvium, derived from granite (see Table 1 below). The site resides in Sunset Zone is 23 as well as USDA Hardiness zone 10b, and the plant communities onsite can be described as ornamental.

Table 1. Soils on Site
Map Unit
Symbol Map Unit Name Acres Percent
1137 Urban land-Ballona-Typic Xerorthents, fine substratum complex, 0 to 5 percent slope Setting
• Landform: Alluvial fans
Typical profile
• ^Au - 0 to 13 inches: loam
• ^Cu - 13 to 47 inches: clay loam
• 2C1 - 47 to 57 inches: clay
• 2C2 - 57 to 79 inches: clay loam

0.1 100.0%
Totals for Area of Interest 0.1 100.0%
The site immediately adjacent to a four-lane road (Via Campo) and is completely developed with landscaping that includes a planter, sidewalk, and a parkway (see Plate 1 below).

Plate 1. This is an aerial view of the subject trees within the project area. Note the trees’ proximity to the nearby street.

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Plate 2. This is an eastern view along Via Campo. Note the five trees residing in the parkway adjacent to the curb.

2.2.1 - Urban Forest
Typically, the term urban forest refers to all trees within a densely populated area; this includes trees within cities located in parks, streetways, easements, private property etc. within a community or urban forest. In this capacity, trees provide many benefits, as they help to reduce air and water pollution, alter heating and cooling costs, reduce storm runoff, increase real estate values, provide habitat for plants and animals, and increase the quality of life for the community.

Implementing trees of various size, shape, and species serve many vital functions to the community and wildlife, contributing to spatial complexity, species richness as well as abundance. Many municipalities promote approved tree lists comprised of hardy species that thrive and reduce the threat of failure in harsh environments. Integrating carefully selected native species can also serve the community well, and enriches the experience, promoting an environment better suited to the resident avian and butterfly population.

The project site is a very small component of the urban forest that makes up the inland community in Southern California. Within the site, there is a moderate diversity of tree species with the stand primarily composed (53.8%) of tree type. The subject trees are relatively uniform in stature with limited variation in tree height and tree scaffolding. As previously indicated, none of the trees within the site are California natives.

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2.3 - Assignment and Scope of Survey
CalPacific Sciences (CPS) was assigned to conduct a tree survey and health assessment of all trees within the project area. The survey was performed to identify the various tree species found within the project boundary, assess their health, and provide insight as to which trees may be retained as part of the planned improvement. A limited health assessment was performed cataloging the health and stature parameters of each tree onsite. This included, but was not limited to; recording total diameter at breast height (DBH), canopy spread, tree height, apparent disease/decay, other signs of potential hazard, and pest damage. A limited (visual only) risk assessment was also conducted keeping public safety in mind.

All documentation in this report is in compliance with standards and requirements published by the International Society of Arboriculture (ISA). This report includes recommendations meant to satisfy all applicable ordinances and permit guidelines. Given that all trees must be removed to facilitate the proposed project, the primary goal of this survey was to determine the health and status of each tree (in relation to its location (public/private property)).

2.4 - Survey Methodology
Prior to the field survey, the City of Montebello ’s website was accessed to review specific tree protection guidelines. An aerial photograph was used as a visual guide during the assessment. A handheld Global Positioning System (GPS) device (Garmin GPSMAP 66sr) and a GPS-enabled smartphone (with digitized project boundaries) were used to identify the location of each subject tree; these data were exported into GIS for periodic illustration and presentation over aerial photographs. Unless otherwise dictated by the local regulation, trees with a DBH of >5 inches were included in this assessment. The crown-width was measured using a Bosch laser device or estimated by pacing, and the height of each subject tree was visually estimated using a tangent height gauge. These data were recorded on field sheets, and associated aluminum numeric tags were affixed to trees on the north side at BH for later reference.

Tree status (relative condition, stature, and health) was conducted by ISA certified and ASCA registered consulting arborist/biologist, George Wirtes from ground level with the aid of binoculars. As indicated earlier, no invasive procedures were performed. Visual characteristics were recorded on field sheets, and twig/leaf samples as well as digital photographs were taken as needed to assure accurate identification.

Overall health and general appearance of each tree was numerically rated (Health/General Appearance Rating - 1-Good, 2-Fair, 3-Poor, 4-Decline/dead) based on the conditions. Tree stature was also assessed in relation to the tree species shape (lean, scaffolding, offset canopy mass, etc.) with the rating as follows:
1-Good, 2-Fair, 3-Poor, 4-hazardous. Other conditions were also considered such as fence lines, utilities, competing canopies, grade cuts/slope, etc.

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2.5 - Hazard Risk Assessment
The International Society of Arboriculture (ISA) recommends a Hazard Assessment be included with arborist reports. Such an assessment is an important component of any report and is critical if trees are to be located near public areas such as parks, walkw ays, residences, and buildings. This tree assessment includes a limited Level 2 Basic Risk Assessment as defined by ISA Best Management Practices. This assessment was limited and did not include tools to detect internal decay. A level 3 assessment of many trees onsite is recommended to assure public safety, especially in high traffic areas (see section 4.3.2 below). Level 2 (visual only) assessments are limited to evaluating trees and obvious signs of defects such as:
• Dead or broken structures
• Cracks
• Weakly attached branches and co-dominant stems
• Missing or decayed wood
• Unusual tree architecture or distribution
• Obvious loss of root support
A risk rating is assigned to each tree based on its defects, aesthetics, apparent health, location and the nearby targets (people or property). In this context, risk refers to consequences and likelihood of failure and impacting a target. As defined by ISA The ratings are defined below:

1. Low - Low-risk category applies when consequences are negligible, and likelihood is unlikely, or consequences are minor, and likelihood is somewhat likely.

2. Moderate - Moderate risk situations are those for which consequences are minor and likelihood is very likely or likely or likelihood is somewhat likely, and the consequences are significant or severe.

3. High - High-risk situations are those for which consequences are significant and likelihood is very likely or likely or Consequences are severe, and likelihood is likely.

4. Extreme - The extreme risk category applies in situations in which failure is imminent and there is a high likelihood of impacting the target and the consequence of the failure is severe. The tree risk assessor should recommend that mitigation measures be taken as soon as possible.

It is impossible to maintain a tree free of risk. A tree is considered hazardous when it has a structural defect that predisposes it to failure, and it is located near a target. • A target is person or property that may sustain potential injury or property damage if a tree or a portion of a tree fails.
• Target areas include sidewalks, walkways, roads, vehicles, structures, playgrounds, or any other area where people are likely to gather.
• Structurally sound and healthy trees may also be hazardous if they interfere with utilities, roadways, walkways, and sidewalks, or if they obstruct motorist vision. • Common hazards include dead and diseased trees, dead branches including bark, stubs from topping cuts, broken branches (hangers), multiple leaders, tight-angled crotches, and an unbalanced crown. Evaluation of risk is as follows: 1-Good, 2-Fair, 3-Poses risk, and 4-Hazardous.

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2.6 - Local Tree Regulation (City of Montebello)
The City of Montebello has several provisions within its Municipal Code (Code or MC) relating to tree preservation and protection , most of which pertain to public property within the City or planned developments. Several key provisions are provided below and appear to be the only ones applicable to the site, given the small-scale proposed project. This list is NOT all-inclusive and further review of the Code and follow up with the City’s planning department are recommended.

2.6.1 - City Property (Section 10.08.130)
The City’s Code defines the extent of City property adjacent to local roadways as follows: “that portion of a street other than a roadway or sidewalk”.

2.6.2 - Replacement Trees (Sections 12.08.010 - 040)
All new and replacement trees shall be confined to shade and ornamental trees from the current list and shall include all such new and replacement plantings in public areas, streets, planting easements and planting strips. "List" means the "Official Tree Planting List of the City of Montebello" as approved by the council. "Street" includes any public street, avenue, boulevard, lane, walk, road, parkway, alley, right -of- way or other public way.

2.6.3 - Removal of City Trees Prohibited Without a Permit (Section 12.08.090) No person shall remove or cut any tree planted or maintained by the city or on city property. No person shall trim or prune any tree planted or maintained by the City or on City property without first obtaining a permit to do so pursuant to Section 12.08.110 of the Code. No person shall injure or destroy any tree planted or maintained by the City.

2.7 - Limitations and Exceptions of Assessment
This survey was conducted in a manner that draws upon past education, acquired knowledge, training, experience, and research. It was conducted to the greatest extent feasible, and although the information gathered reduces risk of tree failure/decline, it does not fully remove it.

California has a Mediterranean climate, and the costal environment provides excellent growing conditions for many floral species from all over the world. Trees mostly flower and fruit in the spring and fall months revealing characteristics that aid in their identification. Trees may not exhibit such features due to factors related to their health, vigor, reproduction strategy, etc. There is a potential (albeit small) for a tree species to be misidentified. Drawing clues from the leaves (shape and position), bark, tree morphology, and any other structures (inflorescence, fruit, etc.), every effort was made to provide a conclusive species name to the greatest degree possible.

No invasive diagnostic testing was performed during this assessment . Th e survey associated with this Arborist Report was visual only in nature and did not include soil sampling, root excavation, trunk coring/drilling or any other invasive procedure. The determinations of damage due to pest infestation and

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decay were made solely on outward appearance and inspection of the tree structures. Not all tree defects may be readily visible from the ground or apparent at the time of the survey, especially during rain events when the wood is wet. Epiphytic growth can also obscure defects on the stem and in the canopy of a tree.

Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Internal or heartwood decay can be present and significant while showing little outward indication of wood rot internally. Trees are living organisms subject to attack by disease, insects, fungi and other forces of nature.

Many aspects of tree health and environmental conditions are often not detectable (internal decay, poor root anchoring, etc.). Arborists cannot guarantee that a tree will be healthy or s afe under all circumstances, or for a specified period of time.

Given the location of the trees with frequent targets, bias was given to limiting risk exposure within the new development moving forward. The statements made in this report do not consider the effects of climate/wind extremes, vandalism, or accident (whether physical, chemical, or fire). In addition, this area is known to have periodic, high velocity Santa Ana winds from transient high-pressure ridges. CPS C cannot, therefore, accept any liability in connection with these factors, or where prescribed wor k is not carried out in a correct and professional manner in accordance with current ISA good practice.

The authority of this report ceases at any stated time limit within it, after one year from the date of the survey (if none stated), when any site conditions change, or after pruning (or other activity) not specified in this report.

As described in the Survey Methodology in Section 2.4 above, tree location was recorded using a Garmin GPSMAP 66sr; this device is known to have an error of up to 3m. In addition , the data were overlain on an aerial map using GIS, and a parcel map was projected to estimate tree locations relative to property boundaries. Ultimately, subject t ree ownership can only be estimated using these tools , and the details contained herein can only be used as a guide. Definitive tree ownership can only be accurately determined by the site plan engineer and City planning department.

The conclusions contain herein rely on documentation readily available (see Section 6 below) and further review of local law and communication with the City’s planning department are recommended. In addition, consulting arborist are not risk managers nor responsible for tree removal or preservation. They make recommendations based on several factors, including (but not limited to) tree health and public safety.

Clients may choose to accept or disregard the recommendations contained within this report ; or seek additional advice. To live near trees is to accept some degree of risk. The only way to eliminate all risk is to remove all trees onsite.

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SECTION 3: SUBJECT TREES AND OBSERVATIONS
During the site survey, s pecific measurements and parameters of all trees onsite were recorded on tree assessment worksheets; these data have been transferred into the table in Appendix A at the end of this document. In all, 13 trees consisting of three distinct species were assessed (see Figure 2 below). A tree species matrix is provided below, characterizing each tree species observed onsite. The age of the trees onsite ranged from mature to over-mature, and the health ranged from rigorous to decline.

3.1 - Species Assessment
During the survey, tree assessments were conducted according to general ISA and City requirements; GPS waypoints were recorded as were specific details of each tree. The tree species represented onsite are characterized in detail below (as well as their count), and a comprehensive table of each tree present is provided in Appendix A of this report. In general, the species onsite were appropriate for the location.

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Species Characteristics Qty
Canary Island Pine**
Pinus canariensis

Native to Canary Islands of Spain in the Atlantic Ocean, the Canary Island pine is a species of gymnosperm in the conifer family Pinaceae. It is a large, evergreen tree Columnar or Conical in Shape.

Height: 50 - 80 feet. Width: 20 - 35 feet.

Its growth Rate is 36 Inches per Year and its longevity is 50 to 150 years.

The flowers of this tree are Inconspicuous. It is also monoecious having separate male and female flowers on the same tree. Its cones are brown growing as large as 3 inches.

It thrives best in Sunset Zones 8, 9, and 12 – 24 and USDA Hardiness Zones 9 - 10. It tolerates exposure Full Sun to Partial Shade in Moist to Dry Soil. It is a drought tolerant tree. It can grow in loam or sand texture soil with highly acidic to highly alkaline soil pH. It is a subtropical pine and does not tolerate low temperatures or hard frost. It is resistant to verticillium. Susceptible to aphids, beetle borers and spider mites, armillaria, phytophthora, root rot, sooty mold and pitch canker.

Its root damage potential rated as moderate and branch strength rated as medium. This tree attracts birds and squirrels and is resistant to oak root fungus.
4 Mexican Fan Palm **
Washingtonia robusta
This species tolerates drought conditions. Cal-IPC (California Invasive Plant Council) classifies the invasiveness of this plant as moderate. It is from the Arecaceae (palm) family and is native to Northwestern Mexico, Sonora, and Baja California. Erect and requires ample growing space. It has a fan Palm Shape with evergreen foliage.

Height: 80 - 100 feet. Width: 10 - 15 feet. Growth Rate: 36 - 127 inches per Season. This species grows well in Sunset Zones: 8 - 24, H1, H2 and USDA zones: 9 – 11.

Longevity 50 to 150 years.

It tolerates full sun to partial shade with wet to dry loam or sand textured soil. It is susceptible to beetle borers. Its branch strength is rated as medium strong and root damage potential is rated as moderate.
2 Lemon-scented Gum
Corymbia citriodora
This species from the Myrtaceae (myrtle) family is endemic to north-eastern Australia and smog tolerant. Bark can be a litter problem. Its habit is erect or spreading and requires ample growing space. It has evergreen foliage.

Height: 80 - 160 feet. Width: 50 - 100 feet.

Growth rate: 36 or more inches per season.

Longevity 50 to wet to dry soil. 150 years.

This species is susceptible to beetle borers and thrip, oak root rot, phytophthora and root rot. Branch strength rated as medium and root damage potential rated is moderate.
7 Many of these trees appear to be City trees as they are located within the parkway adjacent to the street. Several have damaged the sidewalk and adjacent hardscape.

* California native tree species
** Cal-IPC (California Invasive Plant Council) invasive tree species Source: UFEI 2023

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3.2 - Observations
During the field survey, observations were documented pertaining to disease, structural defects, and other notable instances. The situations described below were noted onsite, these potentially contributed to hazardous conditions, tree decline, poor growth form, etc.

3.2.1 - Survey Photographs
The plates below illustrate many of the situations noted above and are merely representative of what was documented during the site assessment.

Plate 3. This is a view of a damaged sidewalk from
root crown expansion (#484).

Plate 4. This is a view of a large canker at a
former branch cut (#484).

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Plate 5. This is a view of a large diseased limb
(#484).

Plate 6. This is a view of fungal fruiting bodies
(near #482 and 483).

Plate 7. This is a view of several trees with
competing canopies (multiple trees along western
boundary).

Plate 8. This is a view of an ornamental bush
(Kohuhu) obscuring the lower stem of a tree and
competing for natural resources (#488).

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Plate 9. This is a view of a longitudinal canker on the lower stem of a tree (#487).

Plate 10. This is a view of reaction wood at the flare
of a tree (#493).

Plate 11. This is a view of epicormic sprouting on
the stem of a tree (#488).

Plate 12. This is what appears to be multiple
wounds from climbing spikes used by past tree
trimmers (#490).

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Plate 13. This is a view of an unclosed branch cut
with decayed wood (#492).

Plate 14. This is a view of a damaged sidewalk and
parkway cement from root crown expansion
(#492).

Plate 15. This is a view of a large canker, damaged
sidewalk, and spray paint on the lower stem of a tree
(#493).

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SECTION 4: DISCUSSION AND RECOMMENDATIONS

4.1 - Conclusion
The field survey associated with this report was performed on December 27, 2023. Subject trees were tagged with aluminum tags, containing a unique number and assessed for health and stature. As part of this assessment, details of each tree were recorded, documenting their species, stature, health, local environment as well as conditions in which they occur. In all, 13 mature trees were assessed, comprised of three distinct species. The most prominent species surveyed was lemon scented gum (Corymbia citriodora), composing

53.8% of the total tree population present within the project area. Given the scale of the proposed project, no native or special status (i.e. heritage) trees were noted.

The subject
trees appear to be regularly maintained, but several trees show indication of disease and possible damage from tree spikes used by tree trimming crews in the past. Due to disease or significant decay, three trees (23.1%) are in decline or pose a risk of failure (#484, 492, and 493), and are not candidates for preservation. Upon inspection of tree location and the parcel map, it appears five of the trees surveyed (#484, 487, 491, 492, and 93) reside in the parkway within public property (see Figure 2 as well as Sections

2.6.1, 2.7, and 4.3.1 above).

4.2 - Discussion
The trees within the property and adjacent to
the street are generally well cared for and adequately
trimmed. It appears that tree spikes were used in the past to maintain the trees. The use of tree spikes to climb and trim trees is not recommended as they damage the tissue and allow access to pathogens.

During the survey, many trees were noted within the parkway, adjacent to the street (Via Campo). Root crown expansion associated with the growth of the large trees within this area resulted in damage to the sidewalk and hardscape presenting a fall hazard to pedestrians.

4.3 - Recommendations

4.3.1 - Tree Removal and Replacement
As noted in Section 4.1 above, several trees within the project site are in poor condition and are not candidates for preservation; this is primarily due to large areas of decay. In a few of these cases, trees have damaged the adjacent hardscape and currently present a hazard to pedestrians (see photographs in Section

3.2.1 above). In these circumstances, further inspection of the walkway is warranted.

Tree removal is recommended for those trees that are diseased or pose a risk of failure (See Appendix A below). A tree removal permit is required in accordance with the City’s Municipal Code Section

12.08.090 for removal of trees maintained by the City or on City property. Although replacement of removed trees is not required by the City's municipal code, the City has the authority to require tree replacements during the permitting process. In the case that the City requires replacement of trees, this requirement will be added to the Project as a Condition of Approval. It is recommended that any trees installed as part of a condition of approval will be acquired from local, quality nursery stock and include native

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and non -native species and in accordance with the City-approved species list. Deviation from the aforementioned recommendation is at the discretion of the Montebello Planning Department.

4.3.2 - Trees Preserved
Removal of living, native and non-native trees may result a biological impact. If it is decided to preserve any trees onsite, an ongoing maintenance and monitoring are recommended; this is to ensure public safety and minimize liability due to potential tree failure. In addition, tree protection measures must be made to assure all tress preserved within the site (or adjacent to) will be adequately protected during construction activity (see Appendix B below). Strategic pruning compliant with ISA standards must be performed to subordinate non-primary, codominant stems, and canopy deadwood should be removed. Regular care and maintenance are recommended according to ISA standards. It is also recommended that several trees onsite be trimmed to remove deadwood and reduce risk of tree failure and limb drop, if preserved.

4.3.3 - Migratory Bird Treaty Act
Pursuant to the Migratory Bird Treaty Act (MBTA) and CDFG Code, removal of any trees, shrubs, or any other potential nesting habitat should be conducted outside the avian nesting season. The nesting season generally extends from early February through August, but can vary slightly from year to year based upon seasonal weather conditions.

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SECTION 5: QUALIFICATIONS OF ARBORIST
Mr. Wirtes is a Certified Arborist (CH-08084) with the International Society of Arboriculture (ISA) and is a Registered Consulting Arborist (#738) with the American Society of Consulting Arborists. Originally ISA certified in November of 2005, Mr. Wirtes is also Tree Risk Assessment Qualification (TRAQ) certified, and has conducted numerous tree assessments for residential, industrial, and commercial properties involving oak and other tree species. Most notably, Mr. Wirtes has assessed properties with as many as 550 trees, and has created an oak regeneration, desert native plant and Joshua tree management plans. He regularly performs tree surveys within Riverside, San Bernardino, Orange as well as Los Angeles Counties. Mr. Wirtes’ education includes a Bachelor of Science in Biology and a Master of Science in Environmental Science from California State University at Fullerton.

I certify that the details stated herein this report are true and accurate:

________________________________________________
George Wirtes, MS, RCA #738
ISA Certified Arborist, CH-08084

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SECTION 6: REFERENCES
Calflora. 2024. Website at http://www.calflora.org.

Cal-IPC 2024. Website at https://www.cal-ipc.org/plants/inventory/ City of Montebello, 2024. Municipal Code posted on website:
https://library.municode.com/ca/montebello/codes/code_of_ordinances Earth.com, 2024. Website at https://www.earth.com/news/urban-forests-benefit-from-diverse-native- tree-species
FCE 2012. Montebello Plaza Site Plan created by Frampton Consulting Engineers, Certified 8/15/2012.

GOPR 2024. California Governor’s Office or Planning and Research. Website:
https://opr.ca.gov/planning/land-use/urban-forestry/
Natural Resource Conservation Service. 2024. Website at http://ortho.ftw.nrcs.usda.gov/ University of California, 2024. California Tree Failure Report Program website at http://ucanr.edu/sites/treefail/
Safford, H.; Larry, E.; McPherson, E.G.; Nowak, D.J.; Westphal, L.M. (August 2013). Urban Forests and Climate Change. U.S. Department of Agriculture, Forest Service, Climate Change Resource Center.

UFEI, 2024. Urban Forest Ecosystems Institute website at https://selectree.calpoly.edu/ Virginia Tech, Dendrology Dept. 2024. Website at
http://www.cnr.vt.edu/DENDRO/dendrology/main.htm

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Appendix A - Tree Species Observed
Note - This tree survey details recorded below are meant to characterize the trees within the property based on a limited “visual only” evaluation (see Section 2.7 above). The goal was to accumulate enough data to make a judgment as to what role, if any, the existing trees may have in the proposed project.

KEY Health Rating:
1= Good, 2 = Fair, 3 = Poor, 4 = Dying/Immanent Hazard
Structural/Stature Rating:
1 – Good, 2- Fair, 3- Potential Hazard 4- Imminent Hazard Risk of Failure:
1 – Improbable, 2- Possible, 3 – Probable, 4 - Imminent

Tree Tag
# Species
DBH (inches)
Height
(feet)
Canopy Width (feet) Canopy
Cover
(sq ft)
Health Structure Risk Recommendation 1st
Stem
2nd
Stem
3rd
Stem
4th
Stem
5th
Stem
6th
Stem Total (north on top)
481 Mexican Fan
Palm 16 16 61 5 79 2 2 2 Preserve or Mitigate if Removed
Good form and vigor, in planter, offset flare 5 5
5 482 Mexican Fan
Palm 14 14 55 1 87 2 2 2 Preserve or Mitigate if Removed
Lean, competing canopy, good vigor, no productive fronds 5 6 9 483 Canary Island
Pine 12 12 72 9 201 2 1-2 2 Preserve or Mitigate if Removed
Good form and vigor, minor foliage sparseness, competing canopy 8 7 8 484 Lemon Scented
Gum 16 16 77 24 1017 3 2 3-4 Remove

Parkway tree, damaged sidewalk, Poor prognosis, large diseased branch and advanced decay 25 8 15 485 Canary Island
Pine 17 17 70 7 261 2 2 2 Preserve or Mitigate if Removed
Good form and vigor, lower stem concealed by ornamental bushes competing for resources 10 9.5 10 486 Canary Island
Pine 14 14 75 7 177 2 2 2 Preserve or Mitigate if Removed
Good form and vigor, lower branches removed 9 5
9 487 Lemon Scented
Gum 19 19 82 27 2418 2 2 2-3 Preserve or Mitigate if Removed
Parkway tree, good form and vigor, damaged sidewalk, good crotch formation in codominant stem/branch, canker at lower stem
28 22
34 488 Canary Island
Pine 14 14 80 7 214 1-2 2 2 Preserve or Mitigate if Removed
Good form and vigor, minor canopy spareness, brush covers lower stem 7 8 11 489 Lemon Scented
Gum 24 24 54 12 829 2 2-3 2-3 Preserve or Mitigate if Removed
Codominant stems, good vigor, unclosed branch cut, possible spike damage from trimmers 19 13 21 490 Lemon Scented
Gum 18 18 64 10 660 2 2 2 Preserve or Mitigate if Removed
Tree trimmed using tree spikes, good form and vigor 8 17 23

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491 Lemon Scented
Gum 11 11 66 24 551 2 2 2 Preserve or Mitigate if Removed
Parkway tree, sparse canopy 12 10
7 492 Lemon Scented
Gum 22 22 87 25 1661 3 2-3 3 Remove

Parkway tree, large decayed branch cut, fossorial mammal burrow in root crown, competing canopy, poor prognosis, cement damaged
24 18
25 493 Lemon Scented
Gum 28 28 93 14 1320 3 2-3 3 Remove

Parkway tree, large canker at flare, reaction wood over sidewalk, increased risk of failure, sidewalk damage 22 16 30

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Appendix B –Tree Protection during Construction
Construction activity near trees pose a great risk due to many factors. It is very important to reduce disturbance impacts to existing trees during construction activity associated with a development project.

Older trees are less tolerant to root crown disturbance, either from damaged roots or compacted soils.

Damage to structural roots can greatly cause harm and structural instability to trees and cause them to fail.

The main stresses and risks of construction include:
• Soil compaction
• Lack of water or changes in the site hydrology
• Change of grade in the root zone
• Physical damage to tree roots and stem structure
• Dumping of potentially toxic construction wastes
• Dust
• Human error

Given this, the following Best Management Practices (BMPs) are recommended to mitigate adverse effects stemming from construction and to preserve the health and vigor of the trees onsite.

The successful implementation of a project requires effective communication regarding protective measures in place and a willingness by everyone involved to follow the guidelines presented. Prior to groundbreaking activity, a pre -construction meeting should be held with the project arbori st, supervisor, work crew, and other parties associated with the project that may be involved in the various stages of the project. The guidelines and BMPs can be presented at this time and handouts given to the work crews.

Tree Protection Zone (TPZ)
A tree protection zone should be established and clearly marked for all trees. A TPZ is meant to protect the tree’s limbs, trunk and roots from construction damage by discouraging the storage of materials beneath the tree’s canopy, accidental releases of chemicals, and the accidental breakage or damage of tree structures.

The TPZ should extend one foot from the face of the trunk for each inch in trunk diameter (measured at a height of 4.5 feet), with a minimum of 2 feet. The TPZ should be extended to 1.5 feet per inches DBH for sensitive or overmature trees. A tree’s Critical Root Zone (CRZ) includes the area in which the significant structural roots, critical to the tree’s structural integrity, are located. To the extent feasible, it is advisable for the construction crew to refrain from working within the CRZ.

In areas where feasible, the following measures are recommended to protect the trees.

1. Protective fencing should be placed at the outer edge of the TPZ.

2. Protective fencing must be erected so that it is visible and structurally sound enough to deter construction equipment, foot traffic, and the storing of equipment under tree canopies.

3. Signs should be posted on the fencing around trees notifying contractors of the fines for dumping.

Oil from construction equipment, cement, concrete washout, acid washes, paint, and solvents are toxic to tree roots.

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4. If it is not feasible to operate outside of the TPZ and CRZ, an arborist or biological monitor should be consulted to assess the situation and explore methods that will result in minimal adverse impact to the nearby tree.

5. If work must be performed within or near the TPZ, soil compaction must be mitigated by the addition of 4” of mulch or other similar material in the immediate vicinity of the work being performed.

6. Construction creates large amounts of dust. Trees to be preserved will need to be kept clean. Dust reduces photosynthesis within the leaves of trees. During periods of extended drought, wind or grading, trunks, limbs and foliage should be sprayed with wat er to remove accumulated construction dust. Strict dust control measures must be implemented during construction to minimize this impact, and an occasional rinsing with a solution of water and insecticidal soap will help control pests.

7. Many trees in the appendix are noted to have poor health or structural issues. Strategic pruning may be required to limit hazardous conditions to the construction crew; this is at the discretion of the project arborist or supervisor. All pruning should be performed by an ISA Certified Arborist or ASCA Consulting Arborist.

8. Supplemental irrigation is recommended if a tree appears stressed or under irrigated. Irrigation should be designed to wet the soil within the Tree Protection Zone to the depth of the root zone and to replace that water once it is depleted. Light, frequent irrigation should be avoided.

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Via Campo Digital
Billboard Project
Exemption Checklist
Lead Agency:

City Montebello
1600 W Beverly Boulevard
Montebello, CA 90640
Project Applicant:

Premier Media SouthWest LLC
717 Market Street, Suite 426
Lemoyne, PA 17043
CEQA Consultant:
3333
Michelson Drive, Suite 500
Irvine, CA 92612
March 2024
EXHIBIT 

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Table of Contents

1. INTRODUCTION ............................................................................................................................. 1

1.1. PURPOSE OF NOTICE OF EXEMPTION ...................................................................................................... 1

1.2. DOCUMENT ORGANIZATION ..................................................................................................................... 1

2. ENVIRONMENTAL SETTING ........................................................................................................... 2

2.1. PROJECT LOCATION ..................................................................................................................................... 2

2.2. EXISTING PROJECT SITE ................................................................................................................................ 2

2.3. EXISTING GENERAL PLAN LAND USE AND ZONING DESIGNATIONS .............................................. 2

2.4. SURROUNDING LAND USES ........................................................................................................................ 2

3. PROJECT DESCRIPTION ............................................................................................................... 13

3.1. PROJECT OVERVIEW .................................................................................................................................. 13

3.2. CONSTRUCTION ......................................................................................................................................... 13

3.3. DISCRETIONARY ACTION CHECKLIST ..................................................................................................... 13

4. CLASS 32 INFILL EXEMPTION REQUIREMENTS ............................................................................ 16

4.1. PROPOSED PROJECT CEQA EXEMPTION .............................................................................................. 16

4.2. EXEMPTIONS FOR EXEMPTIONS .............................................................................................................. 32

5. REFERENCES ................................................................................................................................ 33

Tables
TABLE 1: MONTEBELLO ZONING DEVELOPMENT STANDARDS FOR OFF-PREMISES DIGITAL DISPLAY SIGNS (MUNICIPAL CODE SECTION 17.62.105) ............................................................................................................................................... 17 TABLE 2: REGIONAL CONSTRUCTION EMISSION ESTIMATES ................................................................................................ 24 TABLE 3: REGIONAL CONSTRUCTION EMISSION ESTIMATES ................................................................................................ 25 Figures
FIGURE 1: REGIONAL LOCATION ............................................................................................................................................ 5 FIGURE 2: LOCAL VICINITY ..................................................................................................................................................... 7 FIGURE 3: AERIAL VIEW .......................................................................................................................................................... 9 FIGURE 4: EXISTING SITE PHOTOS ...................................................................................................................................... 11 FIGURE 5: DIGITAL DISPLAY BILLBOARD ELEVATIONS .......................................................................................................... 14 FIGURE 6: TREE SPECIES AND LOCATIONS ........................................................................................................................... 21 FIGURE 7: VISUAL SIMULATIONS ......................................................................................................................................... 28 FIGURE 8: LIGHT STUDY ...................................................................................................................................................... 30 Appendices
APPENDIX A CALTRANS RESPONSE LETTER FOR OUTDOOR ADVERTISING PRELIMINARY APPLICATION NUMBER P07- 3577

APPENDIX B LETTER OF CERTIFICATION FOR PREMIER MEDIA

APPENDIX C TREE SURVEY AND ARBORIST REPORT

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APPENDIX D CONSTRUCTION AIR QUALITY EMISSION SUMMARY FOR THE 2601 VIA CAMPO DIGITAL BILLBOARD

PROJECT

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iii
Acronym List
BMPs Best Management Practices
CEQA California Environmental Quality Act
CO Carbon Monoxide
DTSC Department of Toxic Substances Control
EIR Environmental Impact Report
FEMA Federal Emergency Management Agency
GHG Greenhouse Gas
LED Light Emitting Diodes
LST Localized Significance Threshold
MBTA Migratory Bird Treaty Act
MBL Montebello Bus Lines
NPDES National Pollutant Discharge Elimination System
NOX Nitrous Oxides
PM Particulate Matter
RWQCB Regional Water Quality Control Board
SCAQMD South Coast Air Quality Management District
SF Square Feet
SR State Route
SWPPP Stormwater Pollution Prevention Plan
USWMP Urban Stormwater Management Plan

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1. INTRODUCTION
The applicant for the proposed Project is requesting approval from the City of Montebello to construct a double-faced digital display billboard. The City of Montebello is the Lead Agency for the proposed Project.

The Lead Agency will utilize this document as evidence that the proposed Project qualifies for the Class 32 Infill Exemption, which is further described below.

1.1. PURPOSE OF NOTICE OF EXEMPTION
Article 19 of the California Environmental Quality Act (CEQA) Guidelines includes, as required by Public Resources Code Section 21084, a list of classes of projects which have been determined not to have a significant effect on the environment. This docume nt demonstrates that the proposed Project qualifies for a CEQA Exemption as an Infill Development Project (Class 32 Exemption), consistent with the provisions of CEQA Guidelines Sections 15332 and 15300.2 and provides information for City decision -makers to find that the proposed Project is exempt under CEQA.

Pursuant to CEQA Guidelines Section 15332, the Project qualifies for a Class 32 Exemption because it is: (1) consistent with the General Plan designation and policies and zoning regulations; (2) is located within the City limits, surrounded by urban uses and is less than 5 acres in size; (3) has no value for endangered, rare or threatened species; (4) would not result in any significant effects related to traffic, noise, air quality or water quality; and (5) can be adequately served by all required utilitie s and public services. Additionally, this document demonstrates that the Project and its circumstances would not result in any exceptions identified in CEQA Guidelines Section 15300.2.

Existing Plans, Programs, or Policies (PPPs) and Project Design Features (PDFs) Throughout the analysis of this document, reference is made to requirements that are applied to all development on the basis of federal, State, or local law. Existing Plans, Programs, or Policies are collectively identified in this document as PPPs. Where applicable, PPPs are listed to show their effect in reducing potential environmental impacts. The Project also incorporates various measures that serve to reduce potentially significant impacts. These measures are referred to as Project Design Features (PD Fs) and are listed where applicable.

1.2. DOCUMENT ORGANIZATION
This Class 32 Exemption Checklist includes the following sections:

Section 1. Introduction. Provides information about CEQA, its requirements for environmental review, and explains the exemption justification memo that evaluates the potential impacts of the proposed Project to the physical environment.

Section 2. Environmental Setting. Provides information about the proposed Project’s location, the Project site, and background.

Section 3. Project Description. Includes a description of the proposed Project’s physical features and construction and operational characteristics.

Section 4. Discretionary Approvals. Describes anticipated approvals and permits needed for implementation of the proposed Project.

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Section 5. Class 32 Infill Exemption Requirements. Includes the Exemption Justification and evaluates the proposed Project’s potential to result in significant adverse effects to the physical environment against the Class 32 exemption requirements.

2. ENVIRONMENTAL SETTING

2.1. PROJECT LOCATION
The proposed Project location is within the northwestern portion of the City of Montebello at 2601 Via Campo, Montebello, CA 90640 (Assessor’s Parcel Number 5295- 001-020). Regional access to the site is provided by State Route (SR) 60 to the north, Interstate (I) 5 to the south, SR-19 to the east, and I-710 to the west. Local access to the site is by Via Campo, located north of the site, and N. Wilcox Avenue, located west of the site. The project site and surrounding area are shown in Figure 1, Regional Location , and Figure 2, Local Vicinity.

2.2. EXISTING PROJECT SITE
The Project site is located in the parking lot of Montebello Plaza, a retail center containing a grocery store, gas station, medical office, retail stores, restaurants, and other services/office/commercial uses. Specifically, the Project site is a landscaped area measuring approximately 240 square feet (SF) at the northwest corner of an optometrist office (Ramin Ram) and adjacent to Via Campo. The 240 SF area is comprised of ornamental landscaping and is within the parking lot of the optometrist office. The Project site’s existing conditions are shown in Figure 3, Aerial View and Figure 4, Site Photos.

The closest residential area to the Project site is a multi -family apartment complex located approximately

0.08 mile (445 feet) north of the Project site, as shown in Figure 3. The Project site and this residential area are divided by Via Campo, SR-60, and E. Pomona Boulevard. These residences are located below the grade of the freeway. Additionally, there is a senior apartment community located approximately 0.2 mile (1,054 feet) east of the Project site. Furthermore, there is an area of high voltage utility lines, followed by a high school, and further followed by single -family residential areas to the southwest of the Project site. These single-family homes are located approximately 0.30 mile (1,500 feet) from the Project site and are higher in elevation than the Project site.

2.3. EXISTING GENERAL PLAN LAND USE AND ZONING DESIGNATIONS The project site has a General Plan land use designation of General (Community Shopping Center) and a zoning designation of General Commercial (C-2). The C-2 zoning designation is intended to permit uses with higher traffic and longer hours such as retail sales, medical and professional offices, general office, as well as service stations and automobile sales yards (City of Montebello, 2023).

2.4. SURROUNDING LAND USES
The surrounding land uses are shown in Figure 1, Regional Location, and described below. • North: Via Campo and SR-60 (transportation), followed by apartments (multi-family residential). • West: Gas station (commercial) followed by N. Wilcox Avenue (transportation), followed by commercial center (commercial)
• South: Montebello Plaza (retail/commercial) followed by high voltage utility lines , followed by a high school and single-family homes (residential)

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City of Montebello Class 32 CEQA Exemption Checklist

• East: Montebello Plaza (commercial/retail), followed by high voltage utility lines and single -family homes (residential)

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Figure 1
2601 Via Campo - Digital Billboard
City of Montebello
Regional Location

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Local Vicinity
Figure 2
2601 Via Campo - Digital Billboard
City of Montebello

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Aerial View
Figure 3
2601 Via Campo - Digital Billboard
City of Montebello

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Existing Site Photos
Figure 4
2601 Via Campo - Digital Billboard
City of Montebello
View of the landscaped project area facing east.

Facing south west.

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3. PROJECT DESCRIPTION

3.1. PROJECT OVERVIEW
The proposed Project would construct a double -faced digital display billboard with light emitting diode s (LED) on both faces. The new billboard would be located on the northwest portion of Montebello Plaza approximately 75 feet south of Via Campo and located directly south of SR-60. Specifically, the billboard would be located in a landscaped 240 SF grass patch in the parking lot.

The proposed billboard would have an overall height of 75 feet from grade to the top of the sign face. As shown in Figure 5, Digital Display Billboard Elevations , the sign face dimensions of the proposed billboard would be 14 feet by 48 feet. The billboard would be positioned on a 58-foot -tall pole that would be 36 inches to 48 inches in diameter. The design would also include a concrete footing and foundation that would extend 26 feet below grade. The color of the pole would be flat black. A 3-foot by 40-foot internally lit sign cabinet facing both directions of SR -60 with the "City of Montebello" name affixed to the bottom of the digital display sign faces. Below this sign cabinet would be a 10-foot by 10-foot internally lit sign cabinet facing both directions of SR -60 with the City’s “M” logo and the word “Montebello”. Finally, the Project would also include a ladder at 12 feet off grade on the rear column of the billboard.

The digital displays would be oriented facing east and west and would be visible from SR -60. The display would be illuminated 24 hours per day, 365 days per year. The light levels emitted from the digital display would be set to adjust based upon ambient light conditions. The proposed billboard would connect to existing underground electrical facilities at the site, and would not require relocation, expansion, or construction of new electrical facilities. The project developer submitted an Outdoor Advertising Preliminary Application (No. P07-3577) to Caltrans. In a response letter, Caltrans identified the Project as conforming to the requirements of the Outdoor Advertising Act (Appendix A). Pursuant to the City of Montebello Municipal Code Section 17.62.105, the proposed Project is subject to a Development Agreement and an Off-Premises Digital Display Sign Permit.

3.2. CONSTRUCTION
Project construction would take approximately 10 days to complete. Additionally, construction of the Project would result in minimal export of soil which will be removed off-site.

3.3. DISCRETIONARY ACTION CHECKLIST
The City of Montebello would be expected to use the information contained in this Exemption Checklist for consideration of approvals related to and involved in the implementation of this Project. These include, but may not be limited to, the permits and approvals described below:
• Caltrans approval
• Development Agreement
• Off-Premises Digital Display Sign Permit
• Tree Removal Permit

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2601 Via Campo - Digital Billboard
City of Montebello
Figure 5
Digital Display Billboard Elevations
12/5/2023
Sweanum Soo
Digitally signed by
Sweanum Soo
DN: C=US,
[email protected],
CN=Sweanum Soo
Date: 2023.12.05
16:12:53-05'00'
12/5/2023
Sweanum Soo
Digitally signed by
Sweanum Soo
DN: C=US,
[email protected],
CN=Sweanum Soo
Date: 2023.12.05
16:12:53-05'00'

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4. CLASS 32 INFILL EXEMPTION REQUIREMENTS
Article 19 of the California Environmental Quality Act (CEQA Guidelines Sections 15300 to 15333), includes a list of classes of projects that have been determined to not have a significant effect on the environment and as a result, are exempt from review under CEQA.

Class 32 Infill Exemption
One of the classes of projects exempt from CEQA review are projects that are specified as urban infill development. CEQA Guidelines Section 15332 defines the Class 32 Infill Exemption as a project that meets the following five requirements:
a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
c) The project site has no value as habitat for endangered, rare or threatened species. d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
e) The site can be adequately served by all required utilities and public services.

Exceptions
In addition to meeting the five requirements stated above, the CEQA Guidelines Section 15300.2 provides specific instances where exceptions apply to a project that would otherwise meet the requirements for an exemption. These exceptions are:
a) Location: Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, t hese classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.
b) Cumulative Impact: All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. c) Significant Effects: A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. d) Scenic Highways: A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designate d as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR. e) Hazardous Waste Sites: A categorical exemption shall not be used for a project located on a site which is included on any list complied pursuant to Section 65962.5 of the Government Code. f) Historical Resources: A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resources.

4.1. PROPOSED PROJECT CEQA EXEMPTION
The analysis below provides substantial evidence that the Project properly qualifies for an exemption under CEQA Guidelines Section 15332 (i.e., Class 32) and, as a result, would not have a significant effect on the

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environment. Additionally, the analysis shows there are no exceptions to qualifying for the categorical exemption, as identified in CEQA Guidelines Section 15300.2. a) Criterion Section 15332(a): General Plan and Zoning Consistency: The Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

The Project site has a City of Montebello General Plan land use designation of General (Community Shopping Center) and a zoning designation of General Commercial (C -2). The C-2 zoning designation is intended to permit uses with higher traffic and longer hours such as retail sales, medical and professional offices, general office, as well as service stations and automobile sales yards.

Table 1 shows the Project’s consistency with the Montebello Zoning Ordinance, section 17.62. 105, Off- Premises Digital Display Signs. As shown, the proposed Project would meet all of the requisite development standards for off-premises digital display signs. Therefore, the Project would be consistent with the applicable zoning regulations.

Table 1: Montebello Zoning Development Standards for Off-Premises Digital Display Signs (Municipal Code Section 17.62.105)
Development Feature Proposed Project Consistency
Off-premises digital display signs shall be located within the Interstate 5 or California State Route 60 Freeway
Digital Display Sign Corridor, as defined in Section

17.62.1 05(8).

Consistent. The proposed digital display billboard
would be located within the SR-60 Digital Display Sign
Corridor.

An off-premises digital display shall not be erected
within five hundred feet of any off -premises display on the same side of the freeway. An off- premises digital
display shall not be erected within one thousand feet of any other off-premises digital display on the same side of the freeway.

Consistent. According to the Caltrans Outdoor
Advertising Map Viewer , which displays active
permitted billboard displays in California, the nearest permitted sign is located approximately 5,900 feet
east of the Project site (Caltrans, n.d.).

An off-premises digital display sign face area shall not have more than six -hundred and seventy -two square
feet, but excluding border, trim, base or apron supports, and other special advertising features or additions or other structural members.

Consistent. The sign face dimensions of the proposed
billboard would be 14 feet by 48 feet, resulting in a
sign surface area of 672 SF, as shown in Figure 5,
Digital Display Billboard Elevations.

The interval between the change in digital content shall be a minimum of eight seconds and the images shall
change instantaneously, without special transitional
effects.

Consistent. As stated in the Letter of Certification for Premier Media ( Appendix B ), the proposed Project
would be consistent with this provision.

No digital display sign may include any illumination or message change that is in motion or that changes
intensity.

Consistent. As stated in the Letter of Certification for Premier Media ( Appendix B ), the proposed Project
would be consistent with this provision.

The height of any off -premises digital display sign
structure shall not exceed seventy -five feet measured
from the lower of either the ground level at the base of the sign structure or the finished grade of highway the sign is advertising thereto, subject to specific site
conditions and visibility factors as determined by the Planning Manager. For purposes of this Section, “finish grade" shall be measured from the shoulder elevation of the highway immediately next to the "slow lane."
Consistent. The proposed digital display billboard
would have an overall height of 75 feet from grade to
the top of the sign face.

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Development Feature Proposed Project Consistency
An off-premises digital display shall not be permitted to structurally attach on the roof of a building.

Consistent. The proposed digital display billboard
would not be structurally attached on the roof of a
building.

An off-premises digital display shall not encroach over public rights-of-way.

Consistent. The Project site is located within the
parking lot of Montebello Plaza and would not
encroach over the public right of way.

An off -premises digital display shall not be permitted within two -hundred feet of a residentially zoned
property.

Consistent. The closest residences to the Project site is a multi -family apartment complex located
approximately 0.08 mile (445 feet) north of the Project site, as shown in Figure 3.

The back or rear of an off -premises digital display
structure, which is visible to the public, shall be suitably covered to conceal the inner structures and shall be
properly maintained.

Consistent. The proposed digital display billboard
would be double-faced (V-shape). The back or rear of
the structure would not be visible to the public.

An off -premises digital display must utilize automatic dimming technology to adjust the brightness of the sign relative to ambient light so that at no time will the sign exceed brightness level of 0.3 footcandle above the
ambient light for both daytime and nighttime condition.

Pre-set distances to measure the foot candles impact
vary with the face size of each size sign. Measurement
distance criteria:

Nominal Face
Size
Distance to be
Measured From:
12' × 25' 150'
10'6" × 36' 200'
14' × 48' 250'

Consistent. As stated in the Letter of Certification for Premier Media ( Appendix B ), the proposed Project
would be consistent with this provision.

All off-premises digital displays must revert to a black screen or turn off immediately if ten percent of the digital display screen malfunctions.

Consistent. As stated in the Letter of Certification for Premier Media ( Appendix B ), the proposed Project
would be consistent with this provision.

Bidirectional or double -faced signs shall be located on the same structure. For parallel double -faced signs, the distance between the back sides of the sign faces shall not exceed eight feet. For "V- shaped" double -faced
signs, the distance between sign faces shall not exceed thirty-five feet at their widest point and shall not exceed eight feet at their closest point.

Consistent. The proposed digital display billboard
would be a double-faced V-shape sign located on the
same structure. The distance between the sign faces
would be approximately 20 feet at the widest point
and approximately 5.3 feet at the closest point.

An off -premises digital display structure shall have a single support structure (monopole) and shall be
constructed of noncombustible material.

Consistent. The proposed digital display billboard
would have a single pole and be constructed of
noncombustible material.

All off-premises digital displays shall be maintained in good condition and working order, as determined by the
city manager or designee, and free of graffiti, peeling paint, faded colors and /or broken and damaged
materials. Violators shall be subject to any and all
penalties or remedies authorized under the Montebello
Municipal Code, state law, and federal law.

Consistent. The Project developer will comply with this development standard.

The permittee shall underground all utilities installed in connection with off-premises digital display.

Consistent. The Project developer will comply with this development standard.

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Development Feature Proposed Project Consistency
No off -premises digital display shall be placed or
maintained in violation of the state Outdoor Advertising Act or any other applicable state, federal, or local law.

Consistent. The Project developer has obtained a
Caltrans Outdoor Advertising Display Permit
preliminary approval. In addition, the City and
Caltrans will review the Project for approval during the permitting process to ensure compliance with all
applicable state, federal, and local law.

Off-premises digital displays shall be oriented away
from residential areas.

Consistent. The proposed digital display billboard
would be oriented facing east and west and would be
visible from SR-60. The nearest residential area to the Project site is located approximately 445 feet north of the Project site.

Source: City of Montebello Code of Ordinances

b) Criterion Section 15332(b): Project Location, Size, and Context: The proposed development occurs within City limits on a Project site of no more than five acres substantially surrounded by urban uses.

The Project site is located within the parking lot of Montebello Plaza, a retail center containing a grocery store, gas station, medical office, retail stores, restaurants, and other services/office/commercial uses.

Specifically, the Project site is a landscap ed area measuring approximately 240 square feet (SF) at the northwest corner of the optometrist office (Ramin Ram) and adjacent to Via Campo . The 240 SF area is comprised of ornamental landscaping and is within the parking lot of the optometrist office. As the Project site is less than five acres and substantially surrounded by urban uses, it meets the criteria of CEQA Guidelines Section 15332(b).
c) Criterion Section 15332(c): Endangered, Rare, or Threatened Species: The Project site was determined to have no value as habitat for endangered, rare or threatened species.

The Project site is developed with ornamental landscaping. The immediate area surrounding the Project site is completely developed with commercial buildings and associated parking lots . As such, the whole Project site has been disturbed by previous development and does not contain any endangered, rare or threatened species.

Development of the proposed Project would require the removal of 13 trees located near the Project site in order to increase visibility of the billboard to motorists from SR-60. An Arborist Survey Report was prepared by CalPacific Sciences in January 2024 and is included as Appendix C. The survey was performed to identify the various tree species found within the project boundary, assess their health, and provide recommendations as to which trees may be retained as part of the proposed Project.

The 13 trees were identified as three distinct species: Canary Island Pine, Lemon Scented Gum, and Mexican Fan Palm were identified during the survey , none of which are considered native or special status species.

Their locations are shown in Figure 6, Tree Species and Locations.

Of the 13 trees surveyed and identified for removal, five are located in the parkway within public property.

The root crown expansion of these large trees has resulted in damage to the sidewalk and hardscape presenting a fall hazard to pedestrians. Three of the five trees located within public property show indication of disease.

A tree removal permit is required in accordance with the City’s Municipal Code Section 12.08.090 for removal of trees maintained by the City or on City property. Although replacement of removed ornamental

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trees is not required by the City's municipal code, the City has the authority to require tree replacements during the permitting process, which will be added to the Project as a condition of approval, if required.

In addition, as a standard condition of Approval, any removal of vegetation or trees is required to be conducted in accordance with Sections 3503, 3503.5, and 3513 of the California Fish and Game Code and the Migratory Bird Treaty Act (MBTA). Compliance with the California Fish and Game Code and MBTA would ensure that impacts to nesting birds and raptors, which may use vegetation including trees that require removal, on or near the Project site for nesting, during construction would not occur.

For the reasons described above, the proposed Project site has no value as habitat for endangered, rare , or threatened species and meets the criteria of CEQA Guidelines Section 15332(c).

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2601 Via Campo - Digital Billboard
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Figure 6
Tree Species and Locations

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d) Criterion Section 15332(d): Significant Effects: Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

Traffic
The Project proposes the construction of a digital display billboard. As such, the operation of the proposed Project would not generate any new trips. Therefore, the Project would result in a less-than-significant impact related to VMT.

The proposed Project is a redevelopment and infill Project within an urbanized area that is served by transit.

The Project vicinity receives bus service from Montebello Bus Lines (MBL). MBL Route 70 has a stop a t Montebello Plaza, on Via Campo, approximately 100 feet northeast of the Project site. The proposed digital display billboard would not alter or conflict with existing transit stops and schedules, and impacts related to transit services would not occur.

There is no existing bicycle infrastructure such as bicycle trails/lanes on the surrounding streets. Therefore, the Project would not alter or conflict with any bicycle facilities. Sidewalks currently exist adjacent to the site along both Via Campo and N. Wilcox Avenue; and pedestrian crosswalks are provided at the intersection of Via Campo and N. Wilcox Avenue. The proposed Project would not alter the existing pedestrian sidewalks or crosswalks, and impacts related to bicycle, and pedestrian infrastructure would not occur.

The proposed Project would not result in any significant effects relating to traffic; therefore, the proposed Project meets the traffic related criteria of CEQA Guidelines Section 15332(d).

Noise
Construction Noise . The Project site is in an urbanized area that is developed with commercial uses.

Construction of the proposed digital display billboard may result in temporary increased noise levels from construction activities that include site preparation, excavation, and billboard construction. The effects of Project construction noise levels on longer-term (hourly or daily) ambient noise levels could result in temporary noise leading to levels of annoyance or sleep disturbances at nearby sensitive receptors, if not restricted to daytime hours. According to the City of Montebello Code of Ordinances section 9.08.050, Loud and raucous noise, noise and vibration sources associated with construction are allowed only between the hours of 7 a.m. and 8 p.m. on weekdays (Monday through Friday) and 9 a.m. to 6 p.m. on Saturdays, Sundays, and legal holidays. Compliance with the permissible construction hours established by the Montebello Code of Ordinances would reduce the effects of noise produced by construction activities on longer -term (hourly or daily) ambient noise levels. Furthermore, the increased noise levels would be temporary and would not remain after construction is complete. Therefore, no new noise-related construction impacts are anticipated from the proposed Project.

Operational Noise. The proposed Project would construct a double -faced digital display billboard. The Project would not generate new sources of noise from the Project and will not generate new vehicular traffic on the nearby roadways. Therefore, no new noise -related impacts during operation are anticipated from the proposed Project.

Vehicular Noise. The proposed Project is a new digital display billboard Project that would not result in an increase in the number of truck trips nor alter the speed limit on any existing roadway . Therefore, no new noise-related impacts from vehicular noise are anticipated from the proposed Project.

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AIR QUALITY
This section is based on the Construction Air Quality Emission Summary for the 2601 Via Campo Digital Billboard Project, prepared by EPD Solutions, Inc. on January 19, 2024, and included as Appendix D.

The regional thresholds apply to the criteria pollutants mentioned in Table 2. These construction emission thresholds include the Project emissions generated both from onsite sources (such as off-road construction equipment and fugitive dust) and offsite sources (vehicle travel leaving and arriving to the site). The California Emissions Estimator Model (CalEEMod v. 2022.1.1) land use emission model was used to analyze Project construction emissions, which is estimated to last approximately 10 days. The Project’s maximum daily regional emissions would not exceed SCAQMD’s thresholds of significance, as shown in Table 2. In addition, design and construction of the Project would comply with applicable SCAQMD rules and regulations, including Rule 403 to minimize fugitive PM dust emissions. Therefore, the proposed Project would have less- than-significant air quality impacts related to regional construction emissions.

Table 2: Regional Construction Emission Estimates
Construction Activity Maximum Daily Regional Emissions (pounds/day) ROG NOx CO SO2 PM10 PM2.5
2024
Demolition 1.4 13.5 12.8 0.0 0.9 0.6
Site Prep 0.9 15.1 9.8 0.1 3.4 1.1
Building Construction 0.6 6.0 6.1 0.0 0.3 0.2
Paving 0.5 4.2 5.9 0.0 0.3 0.2
Maximum Daily
Emission 0.9 15.1 9.8 0.1 3.4 1.1
SCAQMD Significance
Thresholds 75 100 550 150 150 55
Threshold Exceeded? No No No No No No
Source: Appendix D
Regional Construction Emissions. The SCAQMD recommends the evaluation of localized NOX, CO, PM10, and PM2.5 construction-related impacts to sensitive receptors in the immediate vicinity of the Project site. Such an evaluation is referred to as a localized significance threshold (LST) analysis. The impacts were analyzed pursuant to the SCAQMD’s Final Localized Significance Threshold Methodology . SCAQMD has developed LSTs that represent the maximum emissions from a project that are not expected to cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standards, and thus would not cause or contribute to localized air quality impacts.

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A sensitive receptor is defined as an individual who is most susceptible to negative health effects when exposed to air pollutants including children, the elderly, and adults with chronic health issues. Such receptors include residences, schools, elderly c are centers, and hospitals. The nearest sensitive receptor is the senior apartment community located 0.2 miles (1,054 feet) Feet to the east and described in Section 2.2, Existing Project Site. SCAQMD provides screening tables for Projects that disturb less than or equal to 5 acres in size in a day. These tables were created to easily determine if the daily emissions of NOX, CO, PM10, and PM2.5 from a Project could result in a significant impact to the local air quality. As shown in Table 3, with implementation of SCAQMD Rules 403 and 1113, the maximum daily construction emissions from the proposed Project would not exceed the applicable SCAQMD LST thresholds. Therefore, the Project would result in a less-than-significant impact related to localized emissions from construction activities.

Table 3: Regional Construction Emission Estimates
Construction Activity Maximum Daily Regional Emissions (pounds/day) NOx CO PM10 PM2.5
2024
Demolition 13.2 12.2 0.7 0.5
Site Prep 6.2 6.2 1.5 0.5
Building Construction 6.0 6.1 0.3 0.2
Paving 4.2 5.3 0.2 0.2
Maximum Daily Emission 13.2 12.2 1.5 0.5
Threshold 83.0 673.0 5.0 4.0
Source: Appendix D
Operational Emissions: Due to the nature of the Project, an operational analysis was not warranted. The proposed Project is a digital display billboard that would not generate air quality emissions. As such, the Project would result in no impact related to operational air quality emissions.

WATER QUALITY
The Project site is within the Los Angeles River watershed and under the jurisdiction of the Los Angeles Regional Water Quality Control Board (RWQCB), which sets water quality standards for all ground and surface waters within its region. Water quality standards are defined under the Clean Water Act (CWA) to include both the beneficial uses of specific water bodies and the levels of water quality that must be met and maintained to protect those uses (water quality objectives). Water quality standards for all ground and surface waters overseen by the Los A ngeles RWQCB are documented in its Basin Plan, and the regulatory program of the Los Angeles RWQCB is designed to minimize and control discharges to surface and groundwater, largely through permitting, such that water quality standards are effectively attained.

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implementation of the appropriate best management practices ( BMPs) as ensured through the City’s construction permitting process would ensure that the Project would not violate any water quality standards or waste discharge requirements, potential water quality degradation associated with construction activities would be minimized, and impacts would be less than significant.

Operations. The proposed Project is not expected to result in non -point source pollutants. As mentioned above, the proposed Project would be required during the City’s permitting process to provide plans that demonstrate compliance with the NPDES and Urban Stormwater Mitigation Plan (USWMP). With implementation of existing regulations including the City Municipal Code, and subsequent verification during the plan check and permitting process, the Project would not violate any water quality standards or waste discharge requirements, nor would it otherwise substantially degrade surface or ground water quality.

In addition to traffic, air quality, noise and water quality, this Exemption Justification looks at whether the digital display billboard would result in any significant aesthetic impacts.

AESTHETICS
Existing nighttime light sources in the vicinity include streetlights, parking lot lights, headlights from passing vehicles, highway lighting, and lighting on buildings and structures. Visual simulations of the proposed Project have been prepared as part of the permitting process in order to obtain an Off-Premises Digital Display Sign Permit from the City of Montebello. The visual simulations are included as Figure 7, Visual Simulations .

As shown in the visual simulations, the digital display billboard is c ompatible with the current land uses and would be visible from both eastbound and westbound SR-60.

The closest residences to the Project site is a multi-family apartment complex located approximately 0.08 mile (445 feet) north of the Project site, as shown in Figure 3. This residential area is separated from the Project site by Via Campo and SR-60 and is lower in elevation than SR -60. The higher elevation of SR-60, the 12-foot freeway screening wall, and the lower elevation of the residential area serve to obscure the majority of the billboard. Limited views of the top of the billboard from the residential area are expected, if any.

Due to this configuration only the west side of the building faces the digital display, but the distance of 0.2 miles (1,054 feet), the height of the digital displays at 75’, and the intervening landscape of trees and other vegetation on the property, utility lines, city trees adjacent to Via Campo, retail and commercial buildings and on-premise signage would limit any view of the digital display from the west side of the building. The north and east side of the building would have no impact from the digital display. There is potential of views to the Billboard from the senior apartment community. However, due to the distance 0.2 mile (1,054 feet) and intervening landscape (which includes tall trees, powerlines, commercial buildings) the views would be limited.

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A Letter of Certification was prepared by Media Resources on January 23, 2024, and is included as Appendix B. The letter certifies that the proposed Project would comply with the City of Montebello Code of Ordinances section 17.62.105, as shown in Table 1. As required by the City of Montebello Code of Ordinances, the proposed billboard would include an operating mechanism that turns off the display or turns it all black in the event of a malfunction. In addition, the proposed digital display billboard would be equipped with modern brightness controls, capable of sensing ambient light in order to set the display to a brightness level that will not exceed 0.3 -foot candles above ambient light conditions, which is the International Sign Association’s maximum nig httime brightness level recommendation for digital display billboards (Media Resources, 2024).

A project-specific light study was prepared as part of the Letter of Certification and to confirm that the maximum intensity of light output produced by billboards authorized pursuant to the City of Montebello Code of Regulations would not exceed 0.3 foot-candles at 250 feet. Light output from the proposed Project would not exceed 0.3 foot -candles at 250 feet, as illustrated in Figure 8, Light Study. Furthermore, digital displays would be oriented to be visible to SR-60 east and west at the structure height from 61’-75’ (14’ height of digital unit) of the total height of structure. As such, while there would be limited views of the digital display billboard structure as described above, the digital displays (LED lights) would not be visible from the north or south of the Project location . Therefore, the light output would not have impact to the nearest residences (which are located across SR-60, approximately 445 feet north of the Project site).

The proposed Project would require Caltrans approval and a City of Montebello Off-Premises Digital Display
Sign Permit as stated in Section 3, Project Description . The proposed digital display billboard would have lighting in conformance with Caltrans Outdoor Advertising Division, Outdoor Advertising Association of America (OAAA) and Montebello Municipal Code standards that minimize light and glare impacts, which would be verified during the approval and permitting process. Therefore, with implementation of existing code and regulations, the proposed Project would not create a new source of substantial light and or glare; therefore, the Project would have less than significant impacts related to light and glare.

The proposed Project is consistent with the zoning classification of General Commercial (C -2). As previously discussed, the Proposed Project would not conflict with Caltrans outdoor advertising requirements, City Municipal Code, or other regulations. Therefore, the Project would have less than significant impact to scenic resources.
e) Criterion Section 15332(e): Utilities: The site can be adequately served by all required utilities and public services.

Given the Project size and its location within an area that is currently served by utilities, the site can be adequately served by all required utilities and public services. T herefore, the proposed Project meets the criteria of CEQA Guidelines Section 15332(e).

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2601 Via Campo - Digital Billboard
City of Montebello
Figure 8
Light Study

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4.2. EXEMPTIONS FOR EXEMPTIONS
In addition to investigating the applicability of CEQA Guidelines Section 15332 (Class 32), this CEQA document also assesses whether any of the exceptions to qualifying for the Class 32 categorical exemption for an infill project are present. The following analysis compares the criteria of CEQA Guidelines Section 15300.2 (Exceptions) to the Project.
a) Criterion 15300.2(a): Location: Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be sig nificant. Therefore, these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.

The Project does not qualify for an exemption under Classes 3, 4, 5, 6 or 11. The Project is located within an urban developed area and is not located within a sensitive environment. In addition, the Project would not result in any impacts on an environmental resource of hazardous or critical concern. Therefore, the exception under criterion 15300.2(a) is not applicable. b) Criterion 15300.2(b): Cumulative Impact: All exemptions for these classes are inapplicable when the cumulative impact of successive projects with similar uses over a similar geological area over time is significant.

The proposed Project would construct a digital display billboard on a small (240 SF), landscaped site that is surrounded by commercial uses and is already served by utilities. Any construction effects would be temporary, confined to the Project vicinity, and reduced to a less-than-significant level by implementation of existing applicable regulatory requirements. No successive projects of the same or similar use within the vicinity of the Project are known or expected to occur over time that would result in cumulatively considerable impacts. Furthermore, as discussed throughout this justification document, the proposed Project would not result in significant environmental impacts that would be capable of combining with impacts from other cumulative projects to result in a cumulative impact. Therefore, the exception under CEQA Guidelines Section 15300.2 (b) does not apply to the Project.
c) Criterion 15300.2(c): Significant Effects: A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

There are no known unusual circumstances that are applicable to the Project, and which may result in a significant effect on the environment. The proposed Project consists of t he construction of a double -faced digital display billboard with face sign dimensions of 14 feet by 48 feet and an overall height of 75 feet.

The Project site would be consistent with the City’s General Plan and the Municipal Code. The Project would not introduce a new activity to the area that could result in a significant effect on the environment. Therefore, the exception under CEQA Guidelines Section 15300.2(c) does not apply to the Project. d) Criterion 15300.2(d): Scenic Highways: A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.

The Project site is not located within a State scenic highway corridor. The nearest Officially Designated State Scenic Highway to the proposed Project property is State Route 2 (SR-2) located about 30 miles to the north

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and is not visible from the Project site. Therefore, the exception under CEQA Guidelines Section 15300.2(d) does not apply to the Project.
e) Criterion 15300.2(e): Hazardous Waste Sites: Hazardous Waste Sites: A categorical exemption shall not be used for a project located on a site which is included on any list complied pursuant to Section 65962.5 of the Government Code.

The Project site is not included on a list compiled pursuant to Section 65962.5 of the Government Code. The Department of Toxic Substances Control (DTSC) EnviroStor is an online data management system for tracking cleanup, permitting, enforcement, and investigation efforts at hazardous waste facilities and sites with known or suspected contamination issues (DTSC, 2024). The nearest site listed on EnviroStor is located approximately 0.35 miles west of the Project site. Therefore, the exception under CEQA Guidelines Section 15300.2(e) does not apply to the Project.
f) Criterion 15300.2(f): Historical Resources: A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

The Project site is a landscaped area measuring approximately 240 (SF) at the northwest corner of the optometrist office and located within the Montebello Plaza. The Project site is surrounded by commercial buildings and associated parking lots. There are no documented historic resources on or within the immediate vicinity of the Project site . Therefore, the exception under CEQA Guidelines Section 15300.2(e) does not apply to the Project.

Conclusion
On the basis of the evidence provided above, the Project is eligible for a Class 32 Categorical Exemption in accordance with Section 15332, Infill Development Projects, of the CEQA Guidelines. Because the proposed Project meets the criteria for categorically exempt infill development projects listed in CEQA Guidelines Section 15332 and it would not have a significant effect on the environment, this analysis finds that a Notice of Exemption may be prepared for the Project.

5. REFERENCES
CalPacific Sciences. (2024). Tree Survey and Arborist Report. Attachment C.

Caltrans. (2022). Caltrans Response Letter for Outdoor Advertising Preliminary Application Number P07- 3577. Attachment A.

Caltrans (n.d.) Caltrans Outdoor Advertising Map Viewer. https://tableau- public.dot.ca.gov/t/TrafficOperations/views/ODAPermits- PublicFacing/Dashboard1?:showAppBanner=false&:display_count=n&:showVizHome=n&:origin=v iz_share_link&:isGuestRedirectFromVizportal=y&:embed=y
City of Montebello. (1973). Land Use Element. Retrieved February 8, 2024. https://cdnsm5- hosted2.civiclive.com/UserFiles/Servers/Server_58672/File/Land%20Use%20Element.pdf City of Montebello. (2016). Zoning Map. Retrieved February 7, 2024. https://cdnsm5- hosted2.civiclive.com/UserFiles/Servers/Server_58672/File/Departments/Planning%20&%20Co mm.%20Dev/Planning%20Division/Zoning%20Map/FinalOfficialZoningMapOct2016.36x48.pdf City of Montebello. (2023). Code of Ordinances. Retrieved February 8, 2024. https://library.municode.com/ca/montebello/codes/code_of_ordinances DTSC. (2024). EnviroStor. Retrieved February 7, 2024. https://www.envirostor.dtsc.ca.gov/public/

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EPD Solutions. (2024). Construction Air Quality Emission Summary for the 2601 Via Campo Digital Billboard Project. Attachment D.

Media Sources. (2024). Letter of Certification for Premier Media. Attachment B.

FEMA. (2008). FEMA’s National Flood Hazard Layer Viewer. Retrieved February 15, 2024. https://hazards-
fema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529 aa9cd

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Notice of CEQA ExemptionEXHIBIT F
To:

County of Los Angeles
Registrar-Recorder/County Clerk
12400 Imperial Highway
Norwalk, CA 90650
From:

City of Montebello
Planning & Community Development Department
1600 W. Beverly Blvd.

Montebello, CA 90640
Lead Agency: City of Montebello Planning and Community Development Department Project Title: Development Agreement to allow for the construction of a double-faced digital billboard sign at 2601 Via Campo
Project Location: 2601 Via Campo, Montebello, CA 90640 Case Number(s): DA 01-24 & ENV No. 06-24-CE
Description of Nature, Purpose, and Beneficiaries of Project: Development Agreement (“DA”) Case No. DA 01-24 to allow the construction of a double-faced digital display sign located at 2601 Via Campo (“Project Site”).

Name of the Public Agency Approving the Project: City of Montebello Name of Person or Agency Carrying Out the Project: Premier Media Southwest LLC on behalf of ML House, LLC (Brixmor Montebello Plaza) (“Property Owner”)
Exempt Status (check one)
Ministerial (Sec. 21080(b)(1); 15268(b)(3))
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number: Class 32- CEQA Guidelines Section 15332 (In-Fill Development)
Statutory Exemptions. State code number:

Justification for Project Exemption:

The Project is Categorically Exempt per §15332 - Class 32 (In-Fill Development), as none of the limitations set forth in CEQA Guidelines 15300.2 apply. To qualify under an exemption pursuant to Class 32 of Section § 15332 (In Fill Development Projects), the following environmental findings must also be made. The project is consistent with the General Plan as well as applicable zoning designation and regulations being for Off-premises digital display signs with various permitted uses, the Project occurs within City limits and is on a project site of no more than five (5) acres, and the Project Site has no value as habitat for endangered, rare, or threatened species because it is on an existing developed site. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality and the site can be adequately served by all required utilities and public services.

Lead Agency Contact Person: Joseph A. Palombi, Director of Planning & Community Development Area Code/Telephone/Extension: (323) 887-1200
If filed by applicant, attach certified document issued by the Planning and Community Development Department stating that the Department has found the project to be exempt.

Signature: ____________________________ Date: ______________ Title: _______________________ Signed by Lead Agency Signed by Applicant

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MONTEBELLO PLANNING COMMISSION
RESOLUTION NO. 04-24

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MONTEBELLO RECOMMENDING THAT THE CITY COUNCIL OF THE

CITY OF MONTEBELLO ADOPT AN ORDINANCE APPROVING
AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 01-24
(2601 Via Campo ) BETWEEN THE CITY OF MONTEBELLO AND

PREMIER MEDIA SOUTHWEST LLC FOR A DIGITAL SIGN

WHEREAS, on February, 2024, the Applicant requested to enter into an Amended and Restated Development Agreement (“DA No. 01-24”) with the City to allow the installation and continued operation of a new double faced 14’ x 48’, off premise digital display sign pursuant to Government Code Sections 5200, 5412, 5443.5, and 65865 et seq.

WHEREAS, The Development Agreement Statute provides that the Planning Commission and the City Council must each hold a public hearing on the proposal prior to approving a development agreement. Development Agreements must be adopted by an ordinance approved by the City Council and cannot be approved unless the legislative body finds that the request/project conforms to the General Plan and any applicable specific plan.

WHEREAS, California Government Code Sections 65864, et seq., (“Development Agreement Law”) authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purposes of strengthening the public planni ng process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and

WHEREAS, Amended and Restated Development Agreement 01-24 between the City of Montebello (“City”) and Premier Media Southwest LLC (“Developer”) is being recommended to the City Council for approval; and

WHEREAS, Developer has a leasehold interest in that certain portion of real property located at 2601 Via Campo in the City of Montebello, CA 90640, Assessor Parcel Number 5295-001-020; and

WHEREAS, section 17.62.105(C)(2) of the Montebello Municipal Code requires a development agreement be approved by the city council for relocation of an off-premises sign, and its replacement with a new off-premises digital display sign; and

WHEREAS, such development agreement as required by section 17.62.105(C)(2) must contain appropriate standards and public benefits to be negotiated between the sign

EXHIBIT G

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ITEM # 15

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director

SUBJECT: ADOPT PLANS, SPECIFICATIONS AND ENGINEER’S ESTIMATE FOR CONSTRUCTION OF A DOG PARK AT ACUÑA PARK (CP 922) AND

AUTHORIZATION TO PROCEED WITH BID ADVERTISEMENT

DATE: June 26, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Environmental Assessment pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA); and,

2. Adopt plans, specifications and engineer’s estimate for the construction of a dog park at Acuña Park (CP 922); and

3. Authorize staff to proceed with advertising for construction bids; and,

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

BACKGROUND/DISCUSSION:

Acun͂a Park Dog Park would be the City of Montebello’s first dog park and would provide an enclosed area for dogs to exercise, socialize and play off-leash under the supervision of their respective owners. Dog park amenities include American with Disabilities Act (ADA) accessibility (path of travel and parking), dog park programming and furnishings, layout, fencing, landscape improvements and irrigation, and grading and drainage. Low level pedestrian lighting facilities will be provided along the concrete walkway, from the parking lot along Victoria Avenue and continue alongside the dog park and up to the existing playground area. The proposed dog park features include fencing, double-gated entry, benches, dog waste stations, a water station, and shade. The new space will provide 0.75 acres of enclosed space near the center of the park and is adjacent to an

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existing playground and picnic areas.

Acun͂a Park has undeveloped space that has been identified as underutilized in the recently adopted Park Master Plan. Additionally, the project meets the growing interest among the community for dog parks as identified in public outreach and statistically valid surveys that were conducted during the Park Master Plan development and adoption process.

The new park amenity adds community benefit to an underutilized area of Acun͂a Park. The immediate neighborhood around Acun͂a Park is expected to see an approximate 15% in population growth over the next 15 years, based on analysis of two projection scenarios – SCAG Demographic and Growth Projection Report and the SCAG Regional Housing Needs Assessment Report.

The addition of these amenities will aid in alleviating park deficiencies as the City's population continues to grow. The City’s Park Master Plan identifies Acun͂a Park as an ideal location for the development of a dog park area due to the available open space and proximity to existing cohesive amenities.

The community has expressed its interest in overall park improvements and has specifically identified a dog park as a desired amenity through public outreach efforts which included four virtual workshops, as well as several public surveys. Workshops were held in July, September, November and December of 2020 and made available to the public online. A mailed survey was sent out to 4,000 Montebello households in September of 2020 and later made available online to the general public. An additional online survey was made available in January of 2021. All outreach was advertised on the City’s website and social media platforms.

The engineering design firm's outreach team distributed flyers door-to-door to approximately 170 homes and businesses within the project area leading up to the community outreach meeting at Acuña Park on May 23, 2024. The outreach team canvassed the park and distributed flyers to park visitors prior to the meeting. The public was invited and encouraged to participate in a series of four activity boards, which presented several amenities categorized by Safety, Active Amenities, Passive Amenities, and Site Furnishings. Participants were provided with four voting stickers/dots for each board, and they were asked to vote on their top four favorite amenities at each board.

The final construction plans and specifications will be completed in accordance with applicable engineering standard specifications and will be consistent with the City’s procurement and purchasing process. The contract plans and specifications will be made available at the City Clerk’s Office so that the general public may review them.

The City Council is required to approve and adopt plans, specifications and working details, and authorize the bid request for all public projects. The bid advertisement is consistent with Public Contract Code sections 20161 and 20162, which mandates California public works projects to be competitively bid. This action is also consistent with Montebello Municipal Code 3.20.110 - Bidding procedure prescribed.

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With City Council's approval, staff will advertise the project for bid in a local newspaper of general circulation and submit the Notice Inviting Bid (NIB) to Planet Bids. The following tentative schedule has been identified for the bid process:

Tasks Timeline
City Council authorization to solicit bids for
construction

June 2024
Advertise for Bid July 2024
Open Construction Bids August 2024
City Council award construction contract August 2024
Commence Construction – Phase 1 – Dog Park
August 2024 – October 2024
Commence Construction – Phase 2 – Restrooms
and pedestrian lighting

October 2025 – March 2025
Close out Project May 2025

ENVIRONMENTAL:

The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The project results in minor alterations to existing public facilities involving no significant expansion of the existing use. The project is not anticipated to have any significant impacts with regards to traffic, noise, air quality, or water quality. There are adequate utilities and public services to serve the project (Attachment B).

ANALYSIS:

N/A

SUMMARY:

Upon City Council approval, staff will proceed with the recommended actions to adopt plans, specifications and engineer’s estimate for the construction of a dog park at Acuña Park (CP 922) and authorize staff to proceed with advertising for construction bids.

ATTACHMENT(S)

1. Attachment A - Final Conceptual Design

2. Attachment B - CEQA NOE

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ATTACHMENT A

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ATTACHMENT B

NOTICE OF EXEMPTION

To: __X___ County Clerk, County of Los Angeles ______ Office of Planning and Research 12400 East Imperial Highway, Room 2001 1400 Tenth Street, Room 121 Norwalk, CA 90650 Sacramento, California 95814

From: City of Montebello
1600 W. Beverly Boulevard
Montebello, CA 90640

Project Title/File No.: Dog Park at Acuña Park Capital Project 922

Project Applicant: City of Montebello

Project Location: Project is located at Acuña Park, 1700 W. Victoria Avenue, Montebello, CA 90640.

Project Description: Dog park amenities include American with Disabilities Act (ADA) accessibility (path of travel and parking), dog park programming and furnishings, layout, fencing, landscape improvements and irrigation, and grading and drainage. Low level pedestrian lighting facilities will be provided along the concrete walkway, from the parking lot along Victoria Avenue and continue alongside the dog park and up to the existing playground area. The proposed dog park features include fencing, double- gated entry, benches, dog waste stations, a water station, and shade.

Name of approving public agency: City of Montebello

Project Sponsor: City of Montebello Public Works Department

Exempt Status:
__ Ministerial (Sec. 21080 (b)(1); 15268);
__ Declared Emergency (Sec. 21080 (b)(3); 15269(a));
__ Emergency Project (Sec 21080 (b)(4); 15263 (b)(c));
_X Categorical Exemption. State type and section number: 15301 Class 1, Existing Facilities __ Statutory Exemptions. State code number:_____________________________ __ other:

Reason(s) why Project is exempt: The project is categorically exempt under Class 1 Existing Facilities Section 15301 of the California Environmental Quality Act due to the fact that the proposed improvements will be performed on existing City park. Project will not pose any negative impacts to the surrounding area or the environment.

Lead Agency/Contact Person: Cesar Roldan Telephone Number: (323) 887-1462

Signature: __________________________ Date: 6/26/2024 Title: Director of Public Works

Date received for filing and posting: _______________

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ITEM # 16

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: APPROVE AMENDMENT NO. 4 TO AGREEMENT NO. 3894 WITH TRANSTRACK SYSTEMS, AMENDMENT NO. 2 TO AGREEMENT NO.
3903 WITH REMIX TECHNOLOGIES, AND AMENDMENT NO. 1 TO
AGREEMENT NO. 3978 WITH OPTIBUS, FOR TRANSIT ANALYSIS,

SCHEDULING, AND REPORTING SOFTWARE SUPPORT SERVICES

DATE: June 26, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Amendment No. 4 to Agreement No. 3894 with Transtrack Systems, Inc. (Transtrack), for a one-year (1-year) term, to extend end-user software licenses and support services for Federal Transit Administration (FTA) reporting, for a total not-to-exceed amount of $30,568; and

4. Authorize the City Manager to execute the amendments listed above on the city’s behalf; and

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

BACKGROUND/DISCUSSION:

The City of Montebello operates Montebello Bus Lines (MBL) to provide superior public

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transportation services to Montebello and the surrounding communities. By continuously reviewing and adjusting its fixed routes and schedules MBL is able to better serve its culturally diverse population. To maintain a seamless day-to-day operation, MBL relies on computer software for transit support services.

Transtrack:

On July 1, 2021, the City engaged Transtrack to provide support services for FTA reporting (see Attachment A). Amendment Nos. 1 – 3 expanded the agreement’s original scope, extended the subscription, and provided additional funding to coincide with the additions to the scope of work. Transtrack operates as a comprehensive database program and serves as a centralized hub for critical data necessary for analyzing and reporting MBLs operational performance and facilitating seamless access to performance statistics through its web-enabled platform.

Remix:

In August 2021, the City Council awarded Agreement No. 3903 (see Attachment B) to enhance MBL through route analysis and Title VI analysis. Remix's renowned transit planning software provides map-based routing, bus stop planning, operating cost calculations, and analytical insights using data from sources like the U.S. Census.

Through Amendment No. 1 the term of the agreement was extended for a 1-year term to ensure the City’s Title IV Program remained compliant with FTA reporting requirements.

Optibus:

On August 1, 2022, the City Council awarded Agreement No. 3978 to Optibus for transit scheduling services (see Attachment C). Optibus offers a comprehensive suite of features, including built-in and planner-defined preferences covering various aspects such as layover times, vehicle requirements, and scheduling. Its robust reporting capabilities provide insights into driver schedules, usage metrics, and revenue trip summaries, aiding in decision-making and performance evaluation within MBLs transit system.

ENVIRONMENTAL:

N/A

ANALYSIS:

Remix, Optibus, and Transtrack each hold pivotal roles in the seamless operation of MBL.

Remix stands out as a crucial tool in simplifying Title VI analyses, particularly within transportation contexts. These analyses are vital for evaluating whether transportation projects or policies disproportionately affect disadvantaged and low-income communities, aiming for equitable access to transportation services regardless of race, color, or income levels. By providing comprehensive demographic information, Remix streamlines this process, aiding in compliance with Title VI regulations. Its intuitive interface and demographic mapping features facilitate data collection across multiple variables, empowering MBLs administrative team to strengthen grant applications, meet federal reporting requirements, and gain insights into the City's demographic landscape and population trends.

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Optibus offers MBL a comprehensive solution for optimizing transit operations from end to end. Its built-in and customizable preferences enable staff to efficiently capture and define various scheduling parameters, such as layover and recovery times, vehicle requirements, and running times. Additionally, Optibus' integration with MBLs automated people counter ensures seamless coordination across different aspects of transit management. Through rigorous testing, the software has proven its ability to recalibrate travel times, optimize run-cutting and blocking, and generate essential materials for service changes. By leveraging this software solution, MBL can significantly enhance operational efficiency, ultimately leading to improved service delivery and passenger experiences.

Transtrack provides a robust database platform designed to streamline the analysis and reporting of operational performance within transportation systems. Its functionality spans various facets of transportation management, facilitating the collection, organization, and analysis of critical data for decision-making processes. Notably, Transtrack excels in centralizing disparate datasets, enabling transportation agencies to consolidate information from multiple sources into a single, accessible repository. This centralized approach simplifies data management and ensures data consistency and integrity, enabling more accurate analyses and reporting.

These software solutions will be procured through the procedures outlined in the Montebello Municipal Code (MMC) Section 3.20.050 (Conformance with bidding procedures), as authorized under California Government Code Section 54202. Since Remix, Optibus, and Transtrack are each considered sole source providers due to the proprietary nature of the software and the unique attributes of the data collected by each vendor, these solutions will be procured in accordance with MMC 3.20.050 (B), when supplies and equipment can only be obtained from one source.

SUMMARY:

Staff recommends the City Council approve Amendment No. 4 to Agreement No. 3894 with Transtrack for a 1-year term (see Attachment D), to extend end-user software licenses and support services for FTA reporting, for a total not-to-exceed amount of $30,568; approve Amendment No. 2 to Agreement No. 3903 with Remix for a 1-year term (see Attachment E), to extend end-user software licenses and support services for transit analysis, for a total not-to-exceed amount of $30,000; approve Amendment No. 1 to Agreement No. 3978 with Optibus for a 1-year term (see Attachment F), to extend end- user software licenses and support services for transit scheduling, for a total not-to- exceed amount of $70,000; authorize the City Manager to execute the listed proposed amendments on the City’s behalf; and take such additional, related action that may be desirable.

ATTACHMENT(S)

1. Attachment A – Agreement No. 3894 with Transtrack Systems, Inc.

2. Attachment B – Agreement No. 3903 with Remix Technologies, LLC

3. Attachment C – Agreement No. 3978 with Optibus, Inc. 78 with Optibus, Inc.

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4. Attachment D – Amendment No. 4 to Agreement No. 3894

5. Attachment E – Amendment No. 2 to Agreement No. 3903

6. Attachment F – Amendment No. 1 to Agreement No. 3978

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ATTACHMENT A

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ATTACHMENT B

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ATTACHMENT C

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ATTACHMENT D

CITY OF MONTEBELLO
AMENDMENT NO. 4
TO AGREEMENT NO. 3894
WITH TRANSTRACK SYSTEMS, INC.

This Amendment No. 4 to Agreement No. 3894 (“Amendment No. 4”) is made and entered into as of the 26 th day of June 2024 (“Effective Date”), by and between the City of Montebello, a California municipal corporation duly organized and existing under the law of the State of California (“City”), and TransTrack Systems, Inc., a corporation duly organized and existing under the law of the State of California (“Contractor”). City and Contractor are sometimes hereinafter referred to collectively as the “Parties”.

RECITALS
WHEREAS, City and Contractor are Parties to that certain Agreement No. 3894 to provide an end-user software license, training and implementation support with an “Effective Date” of July 1, 2021 (“Agreement”), pursuant to which City contracted with Contractor to provide services as defined in the Agreement; and WHEREAS, Section 25 (“Entire Agreement”) of the Agreement allows for amendments to the Agreement by a writing executed by the Parties; WHEREAS, on or about December 1, 2021, the Parties executed a “Amendment No. 1” exercising an option to amend the Agreement to incorporate a revised Scope of Work (SOW) for additional services; and
WHEREAS, on or about July 1, 2022, the Parties executed a “Amendment No. 2” exercising an option to amend the Agreement, and extend the term for an additional year; and
WHEREAS, on or about July 1, 2023, the Parties executed a “Amendment No. 3” exercising an option to amend the Agreement, and extend the term for an additional year and incorporate a revision to the SOW; and
WHEREAS, the Parties each being mutually satisfied with the other’s performance thereof, hereby desire to amend the Agreement once more to extend the contractor’s services for one (1) additional year; and

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AMENDMENT NO. 4 TO AGREEMENT NO. 3894

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WHEREAS, by exercising the option to extend the Agreement by an additional one (1) year, an amendment to the Term and Compensation (further defined below) is also required.

NOW, THEREFORE, based upon the foregoing recitals, which the Parties agree are true and correct, and for good and adequate consideration the receipt and adequacy of which is acknowledged by the Parties, the Parties agree as follows:

AMENDMENT
SECTION 1: RECITALS. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference.

SECTION 2: EXTENSION OF TERM. Through this Amendment No. 4, the Parties hereto agree to extend the term of Agreement from July 1, 2024, to June 30, 2025; unless such time is further extended in writing by a subsequent amendment and executed by both Parties.

SECTION 3: AMENDMENT TO COMPENSATION. Through this Amendment No. 4, the Parties hereto agree to amend the compensation for the purposes of incorporating costs associated with the extension of the Agreement for an additional one (1) year follows:
“The agreed-upon compensation for the contract services contemplated in the Agreement and memorialized in Amendment No. 4 shall not exceed the annual amount of Thirty Thousand Dollars, Five Hundred and Sixty- Eight Dollars ($30,568) for performance of the professional services outlined in the Agreement and any applicable amendment thereto. City shall pay Contractor upon thirty (30) days of receipt of itemized billing statement and/or invoice and full acceptance of product and services by City. Contractor shall not incur fees or costs which exceed the amount above without prior written consent of City.”
SECTION 4: INCORPORATION OF REMAINING TERMS. Other than as expressly modified in this Amendment No. 4 with respect to the term of the Agreement, all remaining terms, conditions, and provisions of the Agreement (and any applicable amendment thereto), and the entirety thereof, shall remain in full force and effect, and is incorporated fully herein by this reference.

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AMENDMENT NO. 4 TO AGREEMENT NO. 3894

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In WITNESS WHEREOF, the Parties have executed this Amendment No. 4 to Agreement No. 3894 to provide an end-user software license, training, and implementation support as of the day and year first above written. (“CITY”) (“CONTRACTOR”) CITY OF MONTEBELLO TRANSTRACK SYSTEMS, INC.

By: By:

Raul Alvarez, City Manager Terry Hinman, General Manager

ATTEST:

By:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

By:

Arnold M. Alvarez-Glasman,
City Attorney
ATTACHMENTS:

Exhibit “A” – TransTrack Systems, Inc. Renewal Letter

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ATTACHMENT E

CITY OF MONTEBELLO
AMENDMENT NO. 2
TO AGREEMENT NO. 3903

WITH REMIX TECHNOLOGIES, LLC
This Amendment No. 2 to Agreement No. 3903 (“Amendment No. 2”) is made and entered into as of the 26 th day of June 2024 (“Effective Date”), by and between the City of Montebello, a California municipal corporation duly organized and existing under the law of the State of California (“City”), and Remix Technologies, LLC (a subsidiary of Via Transportation, Inc.), a Delaware Corporation registered to do business in California (“Contractor”). City and Contractor are sometimes hereinafter referred to collectively as the “Parties”.

RECITALS
WHEREAS, City and Contractor are Parties to that certain Agreement No. 3903 to provide a professional end-user scheduling software licenses and support services for transit scheduling with an “Effective Date” of October 1, 2021 (“Agreement”), pursuant to which City contracted with Contractor to provide services as defined in the Agreement; and
WHEREAS, Section 25 (“Entire Agreement”) of the Agreement allows for amendments to the Agreement by a writing executed by the Parties; WHEREAS, on or about October 11, 2023, the Parties executed a “Amendment No. 1” exercising an option to extend the Agreement from August 14, 2023, to August 13, 2024; and
WHEREAS, the Parties each being mutually satisfied with the other’s performance thereof, hereby desire to amend the Agreement once more to extend the end-user scheduling software licenses and support services for one (1) additional year on the same conditions set forth in the Agreement and as otherwise provided herein; and
WHEREAS, by exercising the option to extend the Agreement by an additional one (1) year, an amendment to the Term and Compensation (further defined below) is also required.

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AMENDMENT NO. 2 TO AGREEMENT NO. 3903

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AMENDMENT
SECTION 1: RECITALS. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference.

SECTION 2: EXTENSION OF TERM. Through this Amendment No. 2, the Parties hereto agree to extend the term of Agreement from August 14, 2024, to August 13, 2025; unless such time is further extended in writing by a subsequent amendment and executed by both Parties.

SECTION 3: AMENDMENT TO COMPENSATION. Through this Amendment No. 2, the Parties hereto agree to amend the compensation for the purposes of incorporating costs associated with the extension of the Agreement for an additional one (1) year follows:
“The agreed-upon compensation for the contract services contemplated in the Agreement and memorialized in Amendment No. 2 shall not exceed the annual amount of Thirty Thousand Dollars ($30,000) for performance of the professional services outlined in the Agreement and any applicable amendment thereto. City shall pay Contractor upon thirty (30) days of receipt of itemized billing statement and/or invoice and full acceptance of product and services by City. Contractor shall not incur fees or costs which exceed the amount above without prior written consent of City.” SECTION 4: INCORPORATION OF REMAINING TERMS. Other than as expressly modified in this Amendment No. 2 with respect to the term of the Agreement, all remaining terms, conditions, and provisions of the Agreement (and any applicable amendment thereto), and the entirety thereof, shall remain in full force and effect, and is incorporated fully herein by this reference.

In WITNESS WHEREOF, the Parties have executed this Amendment No. 2 to Agreement No. 3903 to provide a professional end-user scheduling software licenses and support services as of the day and year first above written.

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AMENDMENT NO. 2 TO AGREEMENT NO. 3903

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(the “CITY”) (the “CONTRACTOR”)

CITY OF MONTEBELLO REMIX TECHNOLOGIES, LLC
By: By:

Raul Alvarez, City Manager Dillon Twombly, VP Global Partner Success

ATTEST:

By:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

By:

Arnold M. Alvarez-Glasman,
City Attorney
ATTACHMENTS:

Exhibit “A” – Remix Technologies, LLC Renewal Letter

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ATTACHMENT F

CITY OF MONTEBELLO
AMENDMENT NO. 1
TO AGREEMENT NO. 3978
WITH OPTIBUS, INC.

This Amendment No. 1 to Agreement No. 3978 (“Amendment No. 1”) is made and entered into as of the 26 th day of June 2024 (“Effective Date”), by and between the City of Montebello, a California municipal corporation duly organized and existing under the law of the State of California (“City”), and Optibus, Inc., a Delaware Corporation registered to do business in California (“Contractor”). City and Contractor are sometimes hereinafter referred to collectively as the “Parties”.

RECITALS
WHEREAS, City and Contractor are Parties to that certain Contract Agreement No. 3978 to provide a professional end-user scheduling software licenses and support services with an “Effective Date” of July 27, 2022 (“Agreement”), pursuant to which City contracted with Contractor to provide services as defined in the Agreement; and WHEREAS, Section 25 (“Entire Agreement”) of the Agreement allows for amendments to the Agreement by a writing executed by the Parties; WHEREAS, the Parties each being mutually satisfied with the other’s performance thereof, hereby desire to amend the Agreement to extend services for an additional one (1) year, with an option to extend for two (2) subsequent one-year terms on the conditions set forth in the Agreement and as provided herein; and WHEREAS, by exercising the option to extend the Agreement by an additional one (1) year, an amendment to the Term and Compensation (further defined below) is also required.

AMENDMENT
SECTION 1: RECITALS. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference.

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AMENDMENT NO. 1 TO AGREEMENT NO. 3978

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SECTION 2: EXTENSION OF TERM. Through this Amendment No. 1, the Parties hereto agree to extend the term of Agreement from June 26, 2024, to June 25, 2025. With an option to extend for no more than two (2) subsequent one-year terms, in writing by a subsequent amendment and executed by both Parties.

SECTION 3: AMENDMENT TO COMPENSATION. Through this Amendment No. 1, the Parties hereto agree to amend the compensation for the purposes of incorporating costs associated with the extension of the Agreement for an additional one (1) year follows:
“The agreed-upon compensation for the contract services contemplated in the Agreement and memorialized in Amendment No. 1 shall not exceed the annual amount of Seventy Thousand Dollars ($70,000) for performance of the professional services outlined in the Agreement and any applicable amendment thereto. City shall pay Contractor upon thirty (30) days of receipt of itemized billing statement and/or invoice and full acceptance of product and services by the City. Contractor shall not incur fees or costs which exceed the amount above without prior written consent of City.”
SECTION 4: INCORPORATION OF REMAINING TERMS. Other than as expressly modified in this Amendment No. 1 with respect to the term of the Agreement, all remaining terms, conditions, and provisions of the Agreement, and the entirety thereof, shall remain in full force and effect, and is incorporated fully herein by this reference. [SIGNATURE PAGE TO FOLLOW]

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AMENDMENT NO. 1 TO AGREEMENT NO. 3978

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In WITNESS WHEREOF, the Parties have executed this Amendment No. 1 to Agreement No. 3978 to provide a professional end-user scheduling software licenses and support services as of the day and year first above written. (the “CITY”) (the “CONTRACTOR”) CITY OF MONTEBELLO OPTIBUS, INC.

By: By:

Raul Alvarez, City Manager Amos Haggiag, CEO

ATTEST:

By:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

By:

Arnold M. Alvarez-Glasman,
City Attorney
ATTACHMENTS:

Exhibit “A” – Optibus, Inc. Renewal Letter

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ITEM # 17

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: APPROVE AMENDMENT NO. 5 TO AGREEMENT NO. 3733 WITH LPM CONSULTING INC. TO PROVIDE MONITORING AND OVERSIGHT
SERVICES FOR MONTEBELLO BUS LINES’ SUBSTANCE ABUSE

PROGRAM

DATE: June 26, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

2. Authorize the City Manager to execute Amendment No. 5 on the city’s behalf; and

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

BACKGROUND/DISCUSSION:

Established in 1966, the Department of Transportation (DOT) is a federal agency tasked with regulating and overseeing the nation's transportation systems. Its main role is to develop and implement policies related to highways, aviation, railroads, pipelines, maritime affairs, and public transportation. The DOT focuses on ensuring the safety, efficiency, and accessibility of transportation networks, while also managing federal transportation funding and collaborating with various stakeholders.

Enacted by the DOT, 49 Code of Federal Regulations (CFR) Part 40 sets forth comprehensive procedures and standards that employers in various transportation sectors must follow when implementing drug and alcohol testing for safety-sensitive

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positions. This regulation requires the development and maintenance of robust testing programs aimed at detecting and deterring substance abuse among employees whose roles directly impact public safety and transportation operations' integrity. Part 40 outlines specific protocols for specimen collection, testing methodologies, laboratory procedures, medical review processes, and result reporting. In addition, it mandates training for designated employees responsible for implementing and overseeing the testing program, ensuring consistent adherence to regulatory requirements.

The Federal Transit Administration (FTA), 49 CFR Part 655 focuses on preventing alcohol misuse and prohibited drug use among employees in transit operations. This regulation is tailored to address the unique challenges and considerations associated with ensuring passenger and personnel safety in the public transportation sector. It specifically addresses the requirements and procedures for alcohol and drug testing within the context of transit operations. While 49 CFR Part 40 provides overarching guidelines applicable to drug and alcohol testing programs across various transportation sectors, 49 CFR Part 655 focuses on the specific needs and concerns of transit agencies, emphasizing the importance of maintaining safety standards within the realm of public transportation.

On March 27, 2019, the City of Montebello issued a Request for Quotes (RFQ), No. Q- 19-31, on Planetbids.com. This RFQ sought an experienced consultant or firm to oversee a monitoring program to ensure compliance with 49 CFR Part 40 (Procedures for Transportation Workplace Drug and Alcohol Testing Programs) and 49 CFR Part 655 (Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations). By April 18, 2019, the City received a single proposal and the City Council subsequently approved Agreement No. 3733 with LPM Consulting for an initial one-year (1-year) term (see Attachment A), and thereafter approved Amendments Nos. 1 - 4 extending the initial term for an additional four years for a total project life of five years. The table below details each amendment as follows:

Table 1: Agreement No. 3733 – LPM Consulting

Overall, the City has worked with LPM Consulting for over 13 years to provide a variety of consulting, training, and professional services that ensure compliance with DOT 49 CFR Part 40 and FTA 49 CFR Part 655. Compliance with these rules allows the City to continue receiving federal funding. With LPM Consulting providing professional assistance, MBLs Substance Abuse Program consistently meets the statutory and administrative requirements of the FTA Triennial Review.

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Montebello City CouncilJune 26, 2024

Montebello City Council
June 26, 2024